These Terms and Conditions of Entry relate to the “Describe The Taste” promotion brought to you by L&P (the Promotion).
This Promotion opens at 12:00:00am on 21 October 2018 and closes at 11:59:59pm on Thursday 31st January 2019 (Promotion Period).
Application: These Standard Promotion Terms ("Terms") apply to L&P’s “Describe The Taste” promotion and are stated to be subject to L&P’s Standard Promotion Terms. These Terms form an agreement between each entrant ("you") and L&P.
Entry information:
Eligibility: The Promotion is open only to people aged over 14 years-old that comply with these Specific Terms.
Entry: You may enter the Promotion by following the Entry Instructions during the Entry Period. If your entry is received by L&P outside the Entry Period, or you do not follow the Entry Instructions and comply with these Terms (including any Specific Terms), your entry may be disqualified from the promotion.
Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that each Entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any phrases, trademarks, copyrighted material, mark that identifies a brand or other third party materials unless the Entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An Entry submitted without obtaining such written consent may result in the Entry becoming invalid for the purposes of this promotion and/or you being subject to legal liability. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into.
Entries must adhere to the following rules and not include or make any reference to:
If a submitted Entry is accepted by the Promoter in its sole discretion as a valid Entry, the submitted Entry will be deemed to be an Entry for the remainder of the promotion. Once an Entry is submitted, you acknowledge that the Entry may not be withdrawn, altered or deleted (except as and where required by the Promoter). Valid Entries made visible on the promotion page will only show your first name and location to protect your privacy. Any Entry that contains content that the Promoter, in its sole discretion, considers to be offensive, obscene, crude or inappropriate in any way or that the Promoter considers may infringe any Intellectual Property Rights or other rights of any person, corporation or entity will not be accepted as an eligible Entry into the promotion. This includes but is not limited to any Entry which the Promoter considers to be disparaging of any of its products and/or services or is otherwise not in keeping with the spirit of the promotion.
By entering the promotion, you warrant to the Promoter that: (i) the content submitted with your Entry is original; (ii) that you have the authority and all permissions necessary to submit your Entry; (iii) that you own the content of your Entry for use in any manner in any media and in any form worldwide and in perpetuity; (iv) that your Entry does not violate the privacy rights, copyright, contract rights or other rights (including but not limited to Intellectual Property Rights) of any person, corporation or entity; (v) that your Entry does not contain content that is illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory, offensive or objectionable; (vi) that your Entry does not contain content that has been used in previous marketing materials or promotions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes; and (vii) that you agree that if your Entry is accepted by the Promoter, it may be used by the Promoter in any media and in any form for an unlimited period of time, in addition your Entry may be featured as a description on the back of a special-make L&P bottle and given away as prizes, without remuneration or compensation for the purpose of promoting, publicising and/or marketing the promotion (including any outcome) and/or promoting any products and services manufactured, distributed and/or supplied by the Promoter and/or the Promoter and generally.
You are solely responsible and liable for the content of your Entries and any other information you transmit to other internet users. The Promoter may delete any content posted on the Promotional Page in accordance with its prevailing terms and conditions of use. Any Entries that are removed by the Promoter will not be considered eligible Entries for the purposes of this promotion. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any Entries submitted for the purposes of this promotion (including but not limited to any illegal, incorrect or inaccurate content and third party advertising).
Multiple Entries are accepted however each Entry must be submitted separately, must be substantially unique and must independently comply with these Conditions of Entry.
Prizes: Some or all components of the any Prize stipulated within the Promotion Period may be subject to availability, as well as additional terms and conditions imposed by third parties. The winner agrees to comply with all such third party terms and conditions. Prizes are not exchangeable, cannot be exchanged for cash and all components of the Prize must be taken together. L&P reserves the right to replace any Prize with another prize of equivalent or greater value if the Prize becomes unavailable for any reason outside L&P’s reasonable control. Where the Prize is to be delivered to the winner, the Prize must be delivered to a New Zealand address.
Determining and contacting the winner(s): Unless specified in the Specific Terms, the winner of any Prizes in the Promotion Period will be drawn randomly from one prize pool comprising all valid entries on the Prize Determination Date. L&P will take reasonable steps to contact the winner by using the contact details provided at the time of entry. However, if L&P cannot contact a winner within one week of the Prize Determination Date (despite reasonable efforts to do so) or if the winner is otherwise unable to accept the prize for reasons outside L&P’s reasonable control, then the winner will forfeit the Prize and L&P may conduct a redraw and select a new winner (and may continue to do this until a winner is selected, contacted, and accepts the Prize in accordance with this clause).
Promotion: L&P may use all winners' names for promotional and media purposes without compensation and all intellectual property rights including copyright in any such promotional material will belong to L&P.
No warranties: By entering into the Promotion, you acknowledge and agree that L&P has not made any representations as to the quality or fitness for purpose of the Prize.
Liability: Subject to any applicable law that cannot be excluded, L&P and Coca-Cola Amatil (NZ) Ltd., and their employees and agents will not be liable for any loss or damage or injury by or to any person whatsoever (including but not limited to direct, indirect or consequential loss or loss arising from negligence) arising directly or indirectly out of or in connection with the Promotion or the Prize. Without limiting the previous sentence, L&P is not responsible for any late, misdirected or incorrectly completed entries, or any technical malfunction, delay or loss of data that occurs in the course of the administration of the Promotion, however caused.
Costs associated with accessing the Promotional Page remain your responsibility and may vary depending on the Internet service provider used.
Personal information: L&P and Coca-Cola Amatil (NZ) Ltd. may collect and use personal information about you for the purpose of administering the Promotion, verifying the validity of entries, contacting winners and checking winners' identities, and marketing the goods and services of L&P and selected other third parties to you and your household (including via electronic message). You consent to L&P using your name or likeness in the event your entry is published in any media or advertising for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by L&P. L&P and Coca-Cola Amatil (NZ) Ltd. have the right to amend your entry at their descretion. L&P will collect, use and hold your information in accordance with our legal obligations, including under the Privacy Act 1993. In order to request access to or correction of your personal information, please contact L&P at The Oasis, Mt Wellington Auckland or through calling our Consumer Information Centre on 0800 COCA COLA (0800 262 226).
You consent to L&P using your name or likeness in the event your entry is published in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by L&P.
Facebook: Where the Promotion is run via Facebook, the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Facebook has no liability in connection with the Promotion, and any information you provide in connection with the Promotion is provided to L&P and Coca-Cola Amatil, not to Facebook.
General: By entering the promotion, you absolutely and unconditionally assign to the Promoter (and agree to use your best endeavours to procure any relevant third parties to absolutely and unconditionally assign to the Promoter) all right, title and interest in all Intellectual Property Rights in your Entry. An Entry and all Intellectual Property Rights subsisting in the Entry irrevocably become, at time of Entry, the property of the Promoter. You must, upon request by the Promoter, execute all documents and perform all acts necessary to vest all Intellectual Property Rights in your Entry in the Promoter. You also expressly consent for the benefit of the Promoter to all or any acts or omissions that would ordinarily constitute an infringement of the your moral rights in relation to all Intellectual Property Rights in your Entry pursuant to the Copyright Act 1994, including the Promoter having an unfettered right to treat the Entry in any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the Entry to the Entrant.
L&P’s decisions on all matters regarding the Promotion are final and no correspondence will be entered in to. L&P may change these Terms at any time. The Terms that apply to you are the Terms that are in effect at the time you enter the Promotion. If L&P cannot reasonably run the Promotion as planned for any reason, L&P reserves the right to cancel this Promotion.
For further assistance or queries regarding this promotion please call the Consumer Information Centre on 0800 COCA COLA (0800 262 226). The Promoter is Coca-Cola Amatil (N.Z.) Ltd of The Oasis, Mt Wellington Auckland. Entries should not be sent to this address.
This privacy policy ("Privacy Policy") forms part of our Terms and Conditions of use of this website (www.lemonandpaeroa.co.nz) ("Website") which you should also read. Privacy statements in relation to this Website are also incorporated into this Privacy Policy.
Coca-Cola Amatil (NZ) Limited ("L&P" or "we", "us" or "our") is committed to protecting the privacy of any personal information it holds about individuals in accordance with the applicable laws. "Personal information" is information about an identifiable individual, as defined by applicable law. L&P has implemented measures to comply with its obligations under the relevant New Zealand privacy laws.
L&P collects your personal information to allow it to perform its business functions. For example, L&P may collect your personal information to enable you to participate in a L&P promotion or to allow L&P to market its current and future products and services to you.
The types of personal information L&P collects will depend on the nature of your dealings with L&P and may (but does not always) include:
If necessary, L&P may also ask you to provide it with additional personal information from time to time, including when you call our Consumer Enquiries line.
If you can't, or won't, provide L&P with the personal information it reasonably requires, L&P may be unable to provide you with the information, goods or services you have requested.
L&P tries to collect personal information directly from you. That collection generally occurs when you:
In some circumstances however, L&P may also collect your personal information from third parties, but where it does so, it will ensure that it acts in accordance with relevant privacy laws.
L&P will take such steps as are reasonable in the circumstances (if any) to ensure that you are aware of the purposes for which it collects your personal information.
L&P uses your personal information for purposes including (but not limited to):
L&P may also use your personal information for other purposes not listed above which will be made clear to you at the time L&P collects that information, or for such purposes as may be required or permitted by law.
If L&P uses your personal information for direct marketing purposes, all electronic messages sent to you by L&P will give you the opportunity to unsubscribe from receiving any further electronic messages.
If L&P uses your personal information for direct marketing purposes, all correspondence sent to you by L&P will give you the opportunity to “opt out” of receiving any further direct marketing correspondence. If we use your personal information to send you any direct marketing communications, you have the right to request that we provide you with the source of that personal information. There is no fee for requesting this information. Unless it is impracticable or unreasonable to do so, we will provide you with the source of the personal information.
In providing you the information, goods or services you request, L&P may be required to disclose your personal information to:
Other than those third parties referred to above, L&P will not disclose your personal information to any other third party unless it has reasonable grounds to believe:
If L&P provides your personal information to a third party, which may operate or hold data in New Zealand or in overseas countries which may include (but are not limited to) Australia, the United States of America and Japan, L&P generally requires the third party to protect your personal information in the same way L&P does.
L&P takes reasonable steps to ensure personal information it holds about you is protected from risks such as loss, unauthorised access, use, destruction, modification or disclosure.
No data transmission over the internet is totally secure. As a result, any personal information you send to L&P over the Internet (including via email) is sent at your own risk.
Information sent by you to this Website is not encrypted. You acknowledge that we do not guarantee the security of the content of any such information, and it is entirely your responsibility to satisfy yourself as to whether our security measures are sufficient for your requirements.
The accuracy of your personal information is important. L&P takes reasonable steps to ensure personal information it holds about you is accurate, complete, up-to-date, relevant and not misleading. If you believe that any personal information L&P holds about you is incorrect, please contact our Consumer Enquiries line on 0800 262 226 or www.ccamatil.co.nz
You have a general right to access the personal information L&P holds about you. You may contact our Consumer Enquiries line on 0800 262 226 or www.ccamatil.co.nz. L&P can deny your request in some circumstances and if it does so, will provide you with written reasons for that denial. We will take reasonable steps to give access in a way that meets both L&P’s needs and your needs.
While there is no fee for requesting access to the personal information L&P holds about you, L&P reserves the right to charge a reasonable fee for the preparation and provision of that information to you.
You also have the right to request the correction of personal information which L&P holds about you. You may do so at any time by contacting our Consumer Enquiries line on 0800 262 226 or www.ccamatil.co.nz. L&P does however reserve the right to refuse to correct your information in some circumstances. If L&P refuses to correct any personal information about you, and subsequent agreement cannot be reached between the parties on this issue, you may request that a note or statement regarding the correction requested be attached to your personal information. We will not charge you a fee for requesting a correction to your personal information, correcting that information or for attaching a statement to your personal information (as relevant).
Even if you don’t submit such a request, if we are satisfied that, having regard to the reasons for which we hold your personal information, that personal information is inaccurate, incomplete, out-of-date, irrelevant or misleading, we may take reasonable steps to correct that information.
Cookies are data files stored on your computer after you access certain websites. The cookie file is anonymous as it only gives us details of your IP address, PC platform (e.g. Windows or Mac), Browser (e.g. Internet Explorer, Safari, Firefox or other, plus the version of Browser) and domain (whether you are accessing the website from New Zealand or elsewhere).
Cookies are primarily used to identify visitors when they return to a site, so that certain information already provided by the visitor to a site is not required to be provided again. Cookies are also used to gather data on which areas of a site are visited frequently and which are not. Keeping data on which areas of a site are most popular allows a site operator to better plan and enhance the site. Cookies are useful, and are used by us in this manner.
We acknowledge that some users may wish to disable cookies. This can be done by changing your web browser settings and/or deleting them from your hard drive.
To find out more about cookies, visit an appropriate website.
L&P's web servers (and our feedback forms on the web) gather your IP address to help diagnose problems with our service, to administer this Website, and to gather broad user information (for example, which areas of this Website are visited most frequently). Such user information is gathered in aggregate only and cannot be traced to an individual user.
L&P may share aggregated demographic information with its affiliates, partners and advertisers. This is not linked to any personal information that can identify any individual person.
This Website contains links to other websites. Please be aware that L&P is not responsible for the privacy practices of such other websites. L&P encourage its users to be aware when they leave this Website and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by this Website.
L&P reserves the right to change this Privacy Policy from time to time. If L&P changes this Privacy Policy, it will post a copy of the updated policy on this Website and your continued use of this Website following that posting will constitute your acceptance of the terms of the updated policy.
If you:
Please contact our Consumer Enquiries line on 0800 262 226 or www.ccamatil.co.nz.
L&P will respond to you within 20 business days.