|Brand For Good Competition
|Libby and Ben Limited, trading as Tomorrow (Company Number 1883065)
Level 1, 8 Hurstmere Road, Takapuna, Auckland, 0622, New Zealand
7am NZST 3 November 2023
5pm NZST 24 November 2023
|The Prize is the provision of the following services by the Promoter to the Winner (with a minimum value of $50,000):
Assistance with creating the Winner’s:
Plus, assistance from the following third parties through the Promoter:
|Entry is open to residents of the Relevant Location aged eighteen (18) years or over (Entrants). Employees (as well as their immediate family members) of the Promoter, retailers, suppliers and associated companies and agencies are not eligible to enter in the Promotion.
|Entrants must operate, or be starting up, a purpose-led business with a focus on aspects such as, but not limited to, sustainability, ethical production and sourcing, reducing societal harm, helping underserved communities, giving back, improving health and wellbeing, improving equality or another socially responsible endeavour. Entries which do not meet the Entry Criteria will not be considered by the Promoter.
|To enter the Promotion, visit the promotions page at www.tomorrowstudio.co.nz/brand-for-good (Site) and complete the entry form and provide all mandatory information on the form, agree to the Terms & Conditions and click submit. Entrants must enter the Promotion in their own name and will be required to provide all mandatory information that may include, but is not limited to, the Entrant’s full name, residential address, age, date of birth, title, gender, email address and contact telephone number and a brief statement about their business.
|The process for determining the Winner will be as follows:
|Maximum Number of Entries
|Limit of one entry per unique business or business unit.
|Notification of Winners
|Winners will be notified via email & phone no later than 30 November 2023. The Winner will also be publicly announced via the Site and the Promoter’s social media pages.
|The Winner must confirm to us that they would like to receive the Prize within 3 days of us notifying them in accordance with the Notification of Winners Section of this Schedule.
|Unclaimed Prize Redraw
|Redraw Date: 4 December 2023
Redraw Time: 12 pm
Redraw Location: 1/8 Hurstmere Road, Takapuna, Auckland 0622
Redraw Method: We will select the runner-up as the next Winner if the initial Winner does not redeem the Prize by the Redemption Date.
|Notification of Unclaimed Prize Redraw Winners
|Unclaimed prize winners will be notified via email & phone no later than 4 December 2023.
Terms & Conditions
- Information on eligibility, mechanisms on how to enter, prizes and the information in the Schedule form part of these Terms & Conditions. Participation in the Promotion is deemed acceptance of these Terms & Conditions.
- Any capitalised terms used in these Terms & Conditions have the meaning given in the Schedule, except where stated otherwise.
Eligibility & Entry
- To enter the Promotion, Entrants must complete the Entry Procedure during the Promotional Period. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form.
- Entrants may enter the Promotion up to the Maximum Number of Entries.
- To be considered eligible for the Prize, Entrants must meet the Entry Criteria.
- Entries must be received by the Promoter during the Promotion Period. Online or email entries are deemed to have been received at the time of receipt by the Promoter and not at the time of transmission.
- Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms & Conditions as determined by the Promoter in its sole discretion or any other content guidelines notified by the Promoter during completion of the Entrant’s completion of the Entry Procedure.
- The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age and place of residence) and to disqualify any Entrant. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- The process to determine the Winner (Winner) for the Promotion will be conducted in accordance with the Promotion Process. The Prize(s) will be awarded to the Entrant or Entrants (as applicable) in accordance with the Promotion Process and these Terms, provided the Entrant has complied with the Entry Procedure.
- The Winner will be notified as specified in the Schedule.
- The Winner’s full name, city of origin and details relating to their business’ journey will be published on the Site, or on the Promoter’s social media accounts, including but not limited to, Facebook, Twitter and Instagram. Such publication will be done within 30 days of the Draw Date. It is a condition of entry into the Promotion that the Winner consents to the publication of such information and participates in any media releases which may include photographs of the Winner by the Promoter. Media releases may also include interviews with journalists and publications by media outlets such as newspapers, magazines, TV or radio. The Winner acknowledges and agrees to participate in all of such interviews or PR opportunities that arise. By entering into this Promotion, Entrants consent to the use of their names and likenesses in this manner.
- Entrants are responsible for any and all expenses incurred when entering the Promotion and accessing, claiming and/or using the Prize (unless otherwise stated on the Site).
- The Winner will be confirmed by the Promoter. The Winner of the Promotion is at the Promoter’s absolute discretion and the Promoter’s decision is final and no correspondence will be entered into with Entrants regarding the decision.
- In the event that a Winner’s entry is deemed or found to be invalid, the Promoter may decide on another winning entry.
- The Prize(s) are specified in the Schedule. THE PRIZE IS NOT TRANSFERRABLE AND NOT REDEEMABLE FOR CASH.
- If any part of the Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter may, in its absolute discretion, reserve the right to substitute part of the Prize with a prize of equal value and/or specification, subject to any written directions from a regulatory authority.
- (Travel) If the Prize requires the Promoter to travel, the cost of such travel will be a separate expense that will be payable by the Winner. Timing of any travel and accommodation, and therefore use of aspects of the Prize, are subject to availability and may be dependent on travel class availability and specific room category availability. The Winner will be notified prior to travel of any costs that will be required to be covered by them. Travel and accommodation will be arranged by the Promoter, or an agent nominated by the Promoter.
- The Promoter and/or any supplier of the Prize or any part of the Prize may in their absolute discretion:
- reserve the right to refuse to allow the Winner or their companion(s) (if any) to take part in any or all aspects of the Prize if they reasonably believe the Winner or their companion(s) (if any) represent a safety risk or for any other reason; and
- may cancel the relevant component of the Prize if the conditions are deemed dangerous.
- The Prize includes the services and products outlined in the Schedule. Any third-party costs associated with the Prize, but not detailed in the Schedule will be the Winners expense.
- To avoid doubt, the Promotion and the Prize do not constitute an offer for equity in the Winner’s business by the Promoter and by running the Promotion, the Promoter is not seeking to acquire equity in the Winner’s business.
- The Prize(s) must be claimed by the Redemption Date in accordance with any claim instructions set out in the Schedule. The Promoter may require the Winner(s) to provide relevant evidence in order to claim the Prize, such as proof of identity.
- If the Winner(s) does not claim the Prize before the Redemption Date, the Prize will be deemed to be forfeited by the Entrant.
- If any Prize remains unclaimed, a second selection for the Prize will take place in accordance with the Schedule, specifically the Unclaimed Prize Redraw, subject to any directions from a regulatory authority. The alternative Winner, if any, will be notified in accordance with the Schedule, specifically Notification of Unclaimed Prize Redraw Winners
- The Promoter will deliver the Prize in accordance with the Schedule. Should circumstances outside the Promoter’s control occur, which cause a delay in delivery of the Prize, the Promoter will not be liable.
- By claiming the Prize, the Winner agrees to meet any criteria specified by the Promoter’s production partner in relation to any prototype packaging created as part of the Prize.
- Non-Excludable Guarantees: Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any legislation which cannot lawfully be excluded or limited, including the statutory consumer guarantees as provided under the Consumer Guarantees Act 1993 or any other applicable legislation (Non-Excludable Guarantees).
- Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, the Promoter will not be liable under these Terms & Conditions for any consequential loss including but not limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Liability: Except for any liability that cannot be excluded by law (including the Non-Excludable Guarantees), the Promoter (including its production and digital marketing partners, respective officers, employees and agents) will not be liable to an Entrant for, and the Entrant waives and releases the Promoter in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:
- any act or omission of an Entrant;
- any breach of these Terms & Conditions by the Entrant;
- any personal injury or death or property loss or damage;
- claiming the Prize;
- use of the Prize in any way;
- any theft of any Prize or unauthorised access or third-party interference in the Promotion;
- any entry or Prize claim that is late, lost, altered, damaged, delayed, corrupted or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or
- any tax liability incurred by a Winner,
except to the extent such liability was caused or contributed to by the Promoter’s negligent act or negligent omission.
- Force Majeure: Neither party will be liable for any delay or failure to perform their respective obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event. Force Majeure means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
- Online entries: In the event that a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoter may ask any Entrant to provide the Promoter with proof that such party is the authorised account holder of the email address associated with the entry.
- Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Site, or the information on the Site, or to otherwise undermine the legitimate operations of the Promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
- Social Media: Social media membership pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform. Unless otherwise indicated in these Terms and Conditions, the Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform including, but not limited to, Instagram, Facebook, Twitter and Pinterest. If an Entrant uses social media to participate in the Promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. By participating in the Promotion, the Entrant releases Instagram, Facebook, Twitter, Pinterest or applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associate with the Promotion.
- Currency: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Promotion, to New Zealand dollars, dollars, NZD$ or $ is a reference to the lawful currency of New Zealand.
- Amendments: If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to New Zealand regulations.
- Jurisdiction: These Terms and Conditions are governed by the laws of New Zealand. Entrants submit to the jurisdiction of the courts of New Zealand.
- Dispute Resolution: In the event of a dispute, Entrants must contact the Promoter and attempt to resolve the dispute in good faith. If the matter can’t be resolved, either party may refer the matter to a mediator. The costs of the mediation will be shared equally between the parties.
- Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter and any Entrant (including the Winner) with respect to its subject matter and supersede any prior agreement, understanding or arrangement between the Promoter and any Entrant (including the Winner), whether oral or in writing.
- Representations: The Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.
- Intellectual property rights: The Promotion involves submission of materials including but not limited to answers to questions, a statement, idea or opinion, video or voice recordings, images, works of art, designs or photographs (Content), all Entrants represent, warrant and agree that:
- the Content must not contain any viruses or cause or be likely to cause any injury or harm to any person or entity;
- the Content must be the work of the individual submitting it;
- the Content must not have been published elsewhere or have won a prize in any other competition or promotion;
- before submitting the Content, Entrants have obtained all appropriate consents and/or permission relating to a person who appears in, or whose property appears in, the Content.
- each Entrant must warrant that the submission of the Content does not infringe the intellectual property rights of any third party. Entrants must warrant that the Content they are submitting is their own work and that they own the copyright for it;
- the Promoter may remove or decline to publish any Content without notice to the relevant Entrant;
- the Promoter (and its production partner and digital marketing partner) may use their brand imaging, logo, business-likeness, image and/or voice in the event that the Entrant is the Winner (including photograph, film or recording) in any media whatsoever throughout the world for the purpose of promoting this Promotion or other similar promotions and promoting any products or services supplied by the Promoter, its production partner and digital marketing partner. The Entrant will not be entitled to any remuneration for such use.
- All intellectual property (including copyright) developed, adapted, modified or created by for or with the Winner in connection with the Prize(Winner’s Intellectual Property) will at all times vest, or remain vested, in the Winner. The Winner authorises the Promoter to use the Winner’s Intellectual Property on a royalty-free basis solely for the purposes for which it was intended to be used under these Terms and Conditions.
Last updated: 2 November 2023