STREETWISE COFFEE COMPETITION TERMS AND CONDITIONS
‘Streetwise Franchise Limited’ means all companies and franchisees within Streetwise Franchise Limited and all brands (including “Streetwise Coffee”) and operating companies controlled by or associated with those entities.
The ‘Promoter’ is Streetwise Franchise Limited.
‘Disqualified Participants’ are (a) all employees of Streetwise Franchise Limited and Streetwise Coffee franchises and their Immediate Families; (b) all employees of participating sponsors or promoters and/or advertising agencies and their Immediate Families; and (c) all people under the age of 18 years where the Prize incorporates air travel or any other element which would be illegal to supply to a person under the age of 18 years.
‘Immediate Families’ include spouses, grandparents, parents, children, and grandchildren, whether by marriage, past marriages, remarriage, adoption, co-habitation or other family extension.
These Promotion or Competition Rules (‘the Rules’) apply to the Streetwise Franchise Limited Promotion or Competition for a trip to Rarotonga (collectively the ‘Promotion’) conducted by means of any medium – online, radio, print, or a connected device.
Unless otherwise stated, entry or vote is limited to one (1) per person.
Entry into the Promotion is deemed to be acceptance of the Rules and confirmation that the entrant has the necessary authority (for example from the bill payer or owner of a telephone) to enter the Promotion.
It is a fundamental term of the competition that the purchase of product from a Streetwise Coffee cart is necessary to win or participate in the Promotion. Without such a purchase, there can be no entry nor participation in the Promotion.
The Promotion is open to New Zealand Residents over the age of 18 years only. Disqualified Participants may not enter in the Promotion.
Streetwise Franchise Limited reserves the right to exclude any person from participating in the Promotion on reasonable grounds.
Streetwise Franchise Limited reserves the right to refuse to award any Prize to an entrant who Streetwise Franchise Limited decides (in its sole discretion) has violated the Rules, gained unfair advantage in participating in the Promotion or won using fraudulent means.
By participating, entrants grant Streetwise Franchise Limited exclusive permission to use their names, characters, photographs, videos, voices and likeness in connection with the Promotion and for future promotion and marketing purposes and waive any claims to royalty, right or remuneration for such use.
All entrant personal details must be valid and up to date and will be held by Streetwise Franchise Limited and may be used for the purpose of the Promotion and for future promotion and marketing purposes by Streetwise Franchise Limited unless otherwise directed by contestants at the time of entry.
Personal information provided at the time of entry is presumed to be true and, in the case of text or email notification – active, through to and beyond the date of the Promotion’s completion.
Where the Promotion involves texting, the following apply:
Standard SMS text charges will apply, unless otherwise stated in the Rules and will depend on the entrant’s particular plan or agreement with their phone service provider;
Any form of automated text message is invalid;
The telephone number from which the entry was made will be stored in a database. The entrant has a two-business-day period from the time of entry to request removal from the database. If no request is made it is deemed acceptance that the information can be used for future promotion and marketing purposes; and
Streetwise Franchise Limited takes no responsibility for text costs incurred after the Promotion has closed as stipulated in the Rules.
WINNING THE PRIZE
Only the person who originally entered the Promotion can be awarded the Prize (the ‘Winner’).
The Winner will be determined in the manner set out in the Rules. If not specified then as determined by the Promoter who shall for this purpose be deemed the judge (the ‘Judge’).
The Judge’s determination of the Winner will be final and no correspondence will be entered into.
The Winner will be notified by email, phone (voice or text), mail or in person and must be available for the preparation of all publicity that may be required by the Promoter. Where attempts to contact the Winner fail (eg when the Winner cannot be contacted by phone after three (3) attempts or mail sent is returned) the Judge will select another winner. If, after successful notification, the Prize is not collected within two (2) months of being announced it will be regarded as forfeit. (Note: Three (3) attempts to contact the Winner will include individual calls to any numbers provided at the time of entry.)
The Prize is not redeemable for cash or transferable to any other person. No other family members, friends, office associates or any other person will be able to participate on the Winner’s behalf.
In the event that the Prize specified in the Competition becomes unavailable for any reason the Promoter may substitute a Prize of like or equal value.
Where the Winner is required to claim the Prize in person, they must provide proper identification (eg driver’s licence, passport, birth certificate).
The Winner takes the Prize entirely at his/her own risk and indemnifies Streetwise Franchise Limited in respect of any claim for any loss, damage, accident, injury suffered whatsoever including but not limited to loss of life as a result of or in connection with the Promotion and/or Prize.
The Winner is responsible for all insurance, tax or other costs that may be associated with the Prize. Where the Prize has associated terms and conditions the Winner accepts the Prize subject to those terms and conditions and restrictions.
As the Prize includes international air travel to Rarotonga and accommodation in Rarotonga:
The Winner MUST have and obtain valid documentation, including but not limited to valid passports and Visas, which meet the requirements of immigration and other government authorities in Rarotonga, and any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities (including any costs associated with delay, will be the sole responsibility of the Winner).
The Winner and their travelling companion (if applicable) must travel together at all times. The Winner is responsible for all costs for transport from their residence to their nearest international airport for flight departure and from their nearest international airport to their residence upon returning to New Zealand.
Flight tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. The flight itinerary may have to be adjusted depending on the airline's departure city and their current flight schedule. Unless otherwise specified, the air travel is economy class.
Any changes to travel dates or additional accommodation outside the travel period specified in the Prize details, made by the Winner, which incur additional costs, are to be paid by the Prize Winner.
Unless explicitly stated in the Rules, the Winner will be responsible for expenses including, but not limited to, spending money, meals, drinks, transport, laundry charges, activities, incidentals, taxes (excluding departure and any other flight associated taxes included within the Prize), gratuities, services charges, passports, visas, travel insurance and all other ancillary costs associated with redeeming the Prize. The Winner must obtain travel insurance to protect themselves against additional costs incurred in the event of unforeseen circumstances.
The Prize is not transferable or exchangeable and cannot be redeemed for cash. The Prize must be taken as stated in the Rules and no compensation will be payable if the Winner is unable to use the Prize as stated. For the avoidance of doubt, if the Winner is, for whatever reason, unable to travel on a nominated date during this period, whether the failure was due to reasons beyond the Winner's control or otherwise, then the Winner will forfeit the Prize.
The Promoter makes no representation as to safety, conditions and other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the New Zealand Ministry of Foreign Affairs and Trade. The Winner accepts the Prize at their own risk.
All travel is subject to the terms, conditions and restrictions of the Prize service providers. Any travelling companion included in the Prize (if applicable) accepts the Prize subject to these terms, conditions and restrictions as if references to the Winner in the relevant clauses were to the travelling companion. The Winner and their travelling companion must sign a legal release, in a form acceptable to the Promoter in its absolute discretion, if requested by the Promoter.
STREETWISE FRANCHISE LIMITED RESPONSIBILITY
The Promoter reserves the right to amend, vary, extend or discontinue a Promotion at any stage, for any reason.
The Promoter takes no responsibility for any inability to enter, complete, continue or conclude the Promotion due to equipment or technical malfunction, busy lines, inadvertent disconnection, texts with a mis-spelt keyword, texts to an incorrect shortcode, Force Majeure or otherwise.
To the fullest extent permitted by law the Promoter will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of Promotion entry or winning the Prize.
Where the Prize is to be supplied by an entity outside the Promoter’s control and that entity fails, for whatever reason, to supply the Prize, Streetwise Franchise Limited has no responsibility for the provision of the Prize and is not obliged to provide an alternative Prize or to take legal action to require the Prize supplier to provide the Prize.
Participation in the Promotion is deemed acceptance of these Terms and Conditions.
If the Winner does not accept these Terms and Conditions the Prize will be forfeited.
These Terms and Conditions shall be governed and construed in accordance with the laws of New Zealand and shall be subject to the exclusive jurisdiction of the New Zealand Courts.