Standard Promotional Terms and Condition (the “Rules”)
1. “Promax” means Promax Engineered Plastics Limited.
1.1 “Disqualified Participants” are all Promax employees, all employees of participating sponsors or promoters and/or advertising and reseller agencies and their Immediate Families; all people under the age of 18 years; all people who have won a prize from Promax running in a promotion in the last three (3) months. If the previously won prize was valued at over $200 the winner must stand-down from entering for a period of 30 days; and all persons who hold an account with Promax such account being overdrawn and in breach of Promax’s operating terms and conditions.
1.2 “Immediate Families” include spouses, grandparents, parents, children and grandchildren, whether by marriage, past marriages, remarriage, adoption, co-habitation or other family extension.
1.3 Unless otherwise stated the Promotion is valid for single consumer purchases of selected tanks from the promotional range only. Eligibility is limited to individual sales orders and is not available for bulk purchases, commercial quantities, or trade purchases. Where orders are placed through trade accounts the ‘End User’ will be the eligible entrant (“Participant”).
2. Entry:
2.1 These Promotion or competition rules (the “Rules”) apply to all Promax Promotions conducted by any means of any medium (online, radio, print or connected device). The Rules may change from time to time.
2.2 Any Promotion is open to New Zealand residents aged 18 years of age and above and has followed entry instructions for the applicable Promotion (“Participant”). Disqualified Participants may not enter in the Promotion. Promax reserves the right to exclude any person from participating in the Promotion on reasonable grounds.
2.3 If a particular Promotion has specific rules or terms (the “Specific Rules”) those Specific Rules will apply if there is any inconsistency with the Rules. Participants acknowledge that Promax makes no representations or warranties of any kind, whether express or implied in relation to the Promotion and/or prize.
2.4 Entry into the Promotion is deemed to be acceptance of the Rules and the Specific Rules, Promax’s general terms and conditions and Standard Freight terms and conditions (available on the Promax website at https://www.promax.co.nz/terms-condition). For aboveground tanks of 10,000L or greater, refer to the freight terms and conditions provided at https://www.promax.co.nz/freight-terms-conditions).
2.5 Unless otherwise stated in the Specific Rules, each Participant can only enter each Promotion once unless otherwise stated. Where multiple registrations are permitted, each must be made separately.
2.6 Promax reserves the right to request proof of a winner’s eligibility in the event there is doubt over his/her eligibility for the entry into the Promotion, and to disqualify any Participant who tampers with, or otherwise benefits from, the tempering of the entry process or the operation of the Promotion.
2.7 Promax reserves the right to refuse to award any prize to a Participant who in Promax’s sole discretion:
2.7.1 has breached the Rules (including the Specific Rules), gained unfair advantage in participating in the Promotion or won using fraudulent means; or
2.7.2 has breached any of Promax’s terms of trade (for those Participants who hold a trade account with Promax).
2.8 By participating, the Participant grants Promax exclusive permission to use their names, characters, photographs, videos, voices and likeness in connection with the Promotion and for future promotion and marketing purposes in accordance with applicable privacy laws and regulations. Furthermore, the Participant waives any claims to royalty, right or remuneration for such use.
2.9 The personal details of Participants must be valid and up to date and will be held by Promax and may be used for the purpose of the Promotion and for future promotion and marketing purposes in accordance with Promax Privacy Policy unless otherwise stated by Participants at the time of entry.
3. Winning the Prize
3.1 Only the Participant (who originally entered the Promotion) can be awarded the prize (the “Winner”).
3.2 The Winner will be determined in the manner set out in these Rules or the Specific Rules. In the event the manner is not specified then as determined by Promax who shall for this purpose be deemed the judge (the “Judge”).
3.3 The Judge’s determination of the Winner will be final, and no correspondence will be entered into.
3.4 The Winner will be notified by phone (voice or text) or email or using other contract details that you provide Promax. Where attempts to contact the Winner fail (e.g. when the Winner cannot be contacted by phone or email after three business days) or that the Winner is unable to use the Prize, the Judge will select another Winner. If, after successful notification, the Prize is not collected within 4 weeks of being announced it will be regarded as forfeit.
3.5 The Prize is not redeemable for cash or transferable. No other family members, friends, office associates or any other person will be able to participate in the Winner’s behalf. In the event that the Prize specified in the Competition becomes unavailable for any reason, Promax may substitute a prize of like or equal value.
3.6 When claiming the Prize, the Winner must provide proper identification (e.g. driver’s licence, passport).
3.7 The Winner takes the prize entirely at his/her own risk and indemnifies Promax in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the 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.
4. Promax Responsibility
4.1 Promax reserves the right to amend, vary, extend or discontinue a Promotion at any stage, for any reason.
4.2 Promax takes no responsibility for any inability to enter, complete, continue or conclude the Promotion due to equipment or technical malfunction, texts with a misspelt keyword, texts to an incorrect shortcode, Force Majeure or otherwise.
4.3 To the fullest extent permitted by the law, Promax (and its affiliated entities, directors, officers, employees, and agents) will not be liable for any loss or damage, direct or indirect, incidental, consequential, or punitive damages arising out of or related to the Promotion or for personal injury as a result of Promotion entry or winning the prize.
4.4 Where the prize is to be supplied by an entity outside Promax control and that entity fails, for whatever reason, to supply the prize, Promax has not 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.
5. Acceptance
5.1 Participation in the Promotion is deemed acceptance of these Rules.
5.2 If the Winner does not accept these Rules, the prize will be forfeited.
6. Governing Law:
6.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand.
6.2 Any disputes arising out of or in connection with the Promotion shall be subject to the exclusive jurisdiction of the courts of New Zealand.
Promoter's Details: Promax Engineered Plastics LTD
Promoter's Address: PO Box 749, Kerikeri, New Zealand 0245
Promoter's Contact Information: promotions@promax.co.nz