Michael Hill Diamond in the Rough Competition Terms and Conditions
Part A: Key terms for this Competition
Introduction: You must agree to these terms and conditions (‘Terms’) as a condition of entering this competition (‘Competition’). By entering the Competition you agree that you have read, understood and accepted all of these Terms.
Organiser: The organiser of this Competition is Michael Hill International Limited (‘Michael Hill’). The Competition will be conducted through an application running on electronic tablets made available by Michael Hill (‘Competition Tablets’). The Competition Tablets will be available at the 2015 BMW New Zealand Open golf tournament (‘BMW NZ Open’) and in participating Michael Hill stores in Auckland, Wellington, Christchurch and Queenstown (‘Participating Stores’).
Eligibility: A person is eligible to enter and may only enter the Competition if that person:
a is eighteen (18) years of age or older; and
b is not an employee (or an immediate family member of an employee) of Michael Hill.
Prize: There is one (1) prize to be won, consisting of a loose diamond supplied by Michael Hill, with a retail value of approximately NZ$10,000. The Prize is not transferable and cannot be redeemed (in whole or part) for cash or credit or be exchanged for another item. All costs associated with the Prize are the sole responsibility of the Winner.
Competition period: The Competition opens at 7.30am NZDT on Saturday 7th March 2015. All entries must be received by Michael Hill by 3.00pm NZDT on Sunday 15th March 2015 (‘Closing Date’). In the event that the organisers of the BMW NZ Open extend the tournament beyond 15th March 2015, Michael Hill reserves the right, without notice, to extend the Closing Date until3.00pm NZDT on the final day of the BMW NZ Open (‘Amended Closing Date’).
6 How to enter: To enter the Competition, you must, before the Closing Date or Amended Closing Date (if applicable):
a enter your name, email address and all other information requested on the Competition entry form through a Competition Tablet;
b using a Competition Tablet, select an available square from the simulated Hills Golf Course; and
c submit the completed Competition entry form through a Competition Tablet.
Consent to marketing: By submitting the Competition entry form you consent to Michael Hill’s collection, use and storage of the information contained in the Competition entry form for Michael Hill’s business purposes, including storing such information comprised in the Competition entry in one or more Michael Hill marketing databases. You also agree to receive marketing communications, updates, and special offers from Michael Hill. You may unsubscribe from email marketing communications by using the unsubscribe link that is provided in the communication.
One entry per person: Except as provided in this paragraph 8, you must not submit more than one entry for the Competition, or use more than one email address for the Competition. If you purchase any qualifying Michael Hill product from the Participating Stores or the Michael Hill Pop Up Stores at the Hills Golf Course, Michael Hill will provide you with a unique code which can be used to make ten (10) additional entries to the Competition (‘Additional Entries’). Additional Entries must be submitted via a Competition Tablet in accordance with paragraph 6.
Prize draw: Entries for the Competition will be drawn by Michael Hill randomly at approximately 4.30pm NZDT on the Closing Date or Amended Closing Date (if applicable). The valid entry first drawn by Michael Hill will be the winner of the Competition (‘Winner’). The selection of grid squares on the simulated Hills Golf Course in accordance with paragraph 6b does not in any way correspond to the selection of the Winner. This will be determined randomly by a prize draw conducted in accordance with this paragraph.
Notification of Winner: Michael Hill will attempt to contact the Winner following the Prize draw (‘Notification Date’) using the details provided through the Competition entry form and may provide the Winner with further instructions regarding the process that the Winner must follow to claim the Prize. The Winner’s name may be announced at the BMW NZ Open prize ceremony, published on Michael Hill’s website or Facebook page, and published or disclosed through any other channel or medium deemed appropriate by Michael Hill.
Claiming the Prize: To claim the Prize, the Winner must, within 72 hours of Michael Hill’s first attempted communication with the Winner under paragraph 9, respond to Michael Hill in the manner instructed by Michael Hill and provide upon request:
a confirmation of the Winner’s identity, age, and usual country of residence; and
b a valid postal address to which the Prize may be sent.
Collection of the Prize: The Prize may be:
a collected from the BMW NZ Open prize ceremony;
b collected from the Michael Hill store at 23 Rees Street, Queenstown; or
c couriered to the address provided by the Winner under paragraph 10 above.
Part B: General terms for this Competition
Failure to claim Prize: If the Winner does not claim or collect the Prize and provide all necessary documentation or information upon request in accordance with paragraph 10 or 11 (as the case may be), that Winner will forfeit the Prize, in which event Michael Hill may retain or reallocate the Prize at Michael Hill’s discretion.
Rights and responsibility of Michael Hill: Michael Hill assumes no responsibility for any error, omission, interruption, deletion, defect, failure, malfunction, alteration, delay in delivery, operation or transmission, theft, or other circumstances of any kind, which may affect an entry or your participation in the Competition. Michael Hill, in its sole discretion, may disqualify any entry that is incomplete, forged, or otherwise tampered with in any way, or that has been made by automating or manipulating the entry process, or in any other way that Michael Hill considers to be inappropriate. Michael Hill reserves the right to verify the validity of entries.
Expenses related to Prize: The Prize consists solely of the item listed in paragraph 4 above. All expenses related to the Prize are the sole responsibility of the Winner. The Winner is advised that tax implications may arise from winning the Prize and should seek independent tax advice prior to accepting the Prize.
Decisions: Michael Hill’s decisions regarding all aspects of this Competition including, without limitation, decisions regarding the eligibility of entries, the conduct of the Competition, the interpretation of these Terms and the allocation of the Prize, are final and not subject to challenge. No correspondence will be entered into. To the maximum extent permitted by law:
a no decisions of Michael Hill may be challenged on any grounds, including (without limitation), due to any alleged or actual failure of Michael Hill or the judge to act reasonably, in good faith, or fairly; and
b the decisions of Michael Hill will remain binding and final even if those decisions are challenged on any ground that they are wrong based on any factual error or based on any unreasonable, irrational, or irrelevant consideration.
Cancellation, changes or substitution: Michael Hill reserves the right at any time to cancel this Competition, or to supplement or change any condition of this Competition, without notice. Michael Hill reserves the right to substitute the Prize (due to unavailability or for any other reason) with a different Prize of equal or greater monetary value.
Publicity: By entering into this Competition, the Winner:
a agrees to be interviewed and photographed and agrees to be available for interviewing, photography and for other public relations and promotional activities associated with this Competition, as requested by Michael Hill; and
b consents to their name, photograph and likeness being recorded, reproduced, published, copied, communicated and otherwise used by Michael Hill for advertising, publicity and promotional purposes through any media, including the Internet, any television programme, video recording, or printed or electronic materials throughout the world, in perpetuity, and without the need for any reward or compensation.
Privacy: Personal information provided by you may be stored and used by Michael Hill:
a for the purposes of conducting the Competition; and
b for additional purposes (such as research, promotion, or marketing activities to provide you with information and promotional material). Personal information will not otherwise be used or disclosed by Michael Hill, except as required or permitted by the New Zealand Privacy Act 1993 or by other applicable laws.
Warranties: To the maximum extent permitted by law, Michael Hill (and its subsidiaries, related companies, associated entities, employees, contractors and agents) disclaim all guarantees, warranties, and representations of any kind (whether express, implied or statutory) in respect of this Competition, the Prize, and the claiming and use of the Prize.
Liability: Acceptance and use of the Prize is at the Winner’s own risk and is solely his or her responsibility. To the maximum extent permitted by law, Michael Hill (and its subsidiaries, related companies, associated entities, employees, contractors and agents) shall not be liable for any personal injury, loss, damage (whether direct or indirect), cost, or expense howsoever caused (including through negligence or breach of statutory duty) arising out of or in connection with:
a this Competition, the Prize, or the claiming or use of the Prize;
b any acts or omissions of Michael Hill;
c any act of God, or other event or occurrence beyond the control of Michael Hill.
Breach of Terms: If you breach any of these Terms, Michael Hill may disqualify you from the Competition and the Prize may be withheld or withdrawn, in each case at the discretion of Michael Hill.
Governing Law: This Competition and these Terms shall be governed by New Zealand law and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine all issues and disputes that may arise in relation to this Competition or these Terms. You submit to the jurisdiction of the New Zealand courts and agree that the New Zealand courts are a convenient forum in which to resolve any issue or dispute concerning this Competition.