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TERMS AND CONDITIONS

1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. Entry is only open to New Zealand residents aged 18 years or over. Employees (and their immediate families) of the Promoter, Participating Audika clinics and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

3. A Participating Audika Clinic is any Audika clinic operating in New Zealand.

4. The promotion consists of four quarterly draws to win a prize of 1x $50 Prezzy® Card when you complete the Audika Hearing Services Survey.

5. The Audika Hearing Services Survey 2019 in its entirely will run from 1 January through to 31 December 2019 and consist of quarterly periods, namely being:

Quarter 1: 1 January – 31 March 2019
Quarter 2: 1 April – 30 June 2019
Quarter 3: 1 July – 31 August 2019
Quarter 4: 1 September – 31 December 2019

All eligible surveys much be completed by 5.00pm on the last day of each quarterly period.

6. To enter, individuals must complete one (1) of the following steps during the quarterly Promotional Period:

i. To be eligible to enter, individuals must complete the online survey straight after their appointment in full and submit the fully completed online survey; OR

ii. To be eligible to enter, individuals must click on the link within the promotional eDM that they received from the Promoter, complete the survey in full, and submit the fully completed online survey.

7. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

8. Incomplete or indecipherable entries will be deemed invalid.

9. Only one (1) entry is permitted per person.

10. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

11. A winner will be a drawn randomly from all eligible entries received during the specific quarterly promotional period. The quarterly draws will take place at 3pm local time five (5) working days following that quarterly period end as follows: Quarter 1: 5 April 2019, Quarter 2: 5 July 2019, Quarter 3: 7 October 2019, Quarter 4: 9 January 2020. The winner will be notified by phone or email. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn or the prize for the specific quarter.

12. The Promoter’s decision is final and no correspondence will be entered into.

13. The first valid entry drawn will win (1) Prezzy® card valued at $50.

14. Any ancillary costs associated with redeeming the Prezzy® card not included. Any unused balance of the Prezzy® card will not be awarded as cash. Redemption of the Prezzy® card is subject to any terms and conditions of the issuer including those specified on the Prezzy® card. The Prezzy® card is valid until the date that is printed on the front of the card.

15. Subject to the unclaimed prize draw clause, if for any reason the winner does not take and/or redeem the prize by the time stipulated by the Promoter, then the prize will be forfeited.

16. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

17. Total prize pool value is $200 ($50 per quarterly draw). The prize, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

18. In the event that the prize winner is not able to be contacted or has not claimed their prize within 1 month of the prize winner being notified, the prize will be redrawn on the same terms as the original draw.

19. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) 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 the Promoter.

20. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

21. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

22. Subject to any applicable law that cannot be excluded, Audika 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 Competition or the Prize. Without limiting the previous sentence, the Promoter 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.

23. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.

24. Personal information is being collected in order to administer the promotion. By participating in the promotion, the entrant acknowledges that a further primary purpose for collection of the entrant’s personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the entrant in the future with information on special offers or to provide the entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email or any other form of electronic, emerging, digital or conventional communications channel which the entrant has provided their details for. The Promoter may share information with the Promoter Parties (being related entities, contractors, agents and suppliers]) who may also contact the entrant with special offers in this way. By entering the promotion, the entrant acknowledges and agrees that the Promoter may use the entrant’s personal information in the manner set out in these Terms & Conditions. Entry is condition on the provision of the requested information.

25. The Entrant can request access to, update or correct any personal information held by the Promoter by contacting the Promoter’s Privacy Officer at privacy@audika.co.nz. All personal information will be stored at the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected may be obtained , at http://audika.co.nz/privacy-policy/.

26. This Promotion and these terms and conditions shall be governed by New Zealand law and the courts of New Zealand shall have exclusive jurisdiction to hear and determine all issues and disputes that may arise in relation to this Promotion or terms and conditions.

27. The Promoter is Audika New Zealand Limited (formally HearingLife).