COMPETITION TERMS & CONDITIONS
Terms and conditions - Newmarket Store Opening
1. Information on how to enter forms part of these terms of entry. Entry into the Promotion is deemed acceptance of these terms and conditions.
2 The Promoter is Krispy Kreme New Zealand Limited, NZBN: 9429042115465,
3 Ronwood Avenue Manukau Auckland NZ 2104
How to enter
3 Employees of the Promoter or any related body corporate and their immediate families are not eligible to enter.
4 Entrants under the age of 16 years must have parental/guardian approval to enter. The parent/guardian agrees to the terms and conditions of the Promotion.
5 For the purposes of these terms and conditions, an “eligible entrant” is a person who has complied with these terms and conditions.
6 To enter, eligible entrants must enter the Promotion by joining the queue at the relevant store (Store) in accordance with the following procedures.
(a) At an undisclosed date and time, the Promoter will publish a notice on its social media pages with details (including time, date and location) of the Store opening (Store Opening) and how the entrant can join the queue to the Store Opening and enter the Promotion.
(b) To be eligible, an eligible entrant must arrive at the Store after that announcement of the Store Opening has been published and remain in the queue (subject to these terms and conditions) until the Store Opening.
(c) When the entrant arrives at the Store, the entrant will be directed to a designated queue area by security.
(d) At the queue area each person must sign in and register in the order they enter the queue area and receive a numbered wristband (Registration).
(e) The Promoter may require an entrant to produce identification and proof of age.
(f) The entrant will be directed to the queue under the main Queue where the entrant must line up in the order the entrant was registered and comply with all pedestrian queue rules and regulations under paragraphs 7 - 18(b). Any dispute or doubt about that order will be determined by the Promoter in its absolute discretion.
7 If an entrant is 16 years old or younger, the entrant is not permitted to remain in the queue between the hours of [7:00pm] and [6 :00am] at any time before the Store Opening, without the supervision of a parent or legal guardian.
8 Entrants must stay in the Queue at all times, other than:
(a) if taking a toilet break (which must be limited to 20 minutes)
(b) in the event of an emergency, which must be authorised by the Promoter however conditioned; and
(c) with the Promoter’s permission, however conditioned.
9 Entrants may receive food, water and other items from support persons, but an entrant may not leave his or her position in the Queue, unless authorised to by the Promoter.
10 No person will be allowed to join the Queue as an entrant’s replacement.
11 Inappropriate behaviour and language are not tolerated by the Promoter and any entrants behaving in this manner may be removed from the Queue and disqualified.
12 Personal belongings brought to the Store/Queue by entrants are their sole responsibility and the Promoter will not be held liable for any loss or theft of, or damage to, entrants’ belongings.
13 The following items are prohibited in the Queue and will be confiscated by the Promoter: weapons, knives, sharp objects, dangerous goods, chemicals, saws, scalpels, darts, tools, razors, needles, fireworks, toy caps, petrol, any flammable liquid, explosives, or poisons or like items. Any entrant found with any of these items will be immediately disqualified.
14 The Promoter will not supply food, beverages or any other facilities or items.
15 Entrants must not smoke in the Queue and may not leave the Queue to smoke.
17 By entering the Promotion, eligible entrants:
19 (a) consent to their photo and their name being made publicly available on the Promoter’s Facebook page; and
Prizes and judging
20 This is a game of chance.
21 There will be 3 prize(s) as set out below.
21 Total prize pool is valued at $1791.00 NZD (incl GST).
22 The Promoter will award the following prizes:
(a) a year’s supply of doughnuts (one dozen per week)(’the gold ticket’) to the eligible entrant first in the Queue at the Store Opening;
(b) a 6 month supply of doughnuts (one dozen per week)(’the silver ticket’) to the eligible entrant second in the Queue at the Store Opening;
(c) a 3 month supply of doughnuts (one dozen per week)(’the bronze ticket’) to the eligible entrant third in the Queue at the Store Opening; and
23 If a winner is disqualified in accordance with these terms and conditions or a prize remains unclaimed after reasonable efforts have been made by the Promoter to contact a winner, the winner forfeits the prize and the Promoter reserves the right to award the prize to another entrant as determined by the Promoter in its absolute discretion, subject to any directions from a regulatory authority
24 By accepting a prize, the winner (and their parent/guardian) agrees to participate in and co-operate as required with all reasonable marketing activities relating to the prize.
25 The Promoter's decision is final and the Promoter will not enter into correspondence regarding the promotion result or enforcement and interpretation of these terms and conditions (including disqualification).
26 For the purposes of the Promotion, the entrant represents and warrants to the Promoter that the entrant is fit, healthy and able to fulfil its obligations as set out under these terms and conditions.
27 The prize, or any unused portion of the prize, cannot be exchanged or redeemed for cash. If a prize is unavailable for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to state regulation.
28 The Promoter reserves the right, at any time, and in its sole discretion to (a) request entrants to provide proof of identity and/or proof of valid entry; or (b) disqualify any entrant who the Promoter has reason to believe has breached any of these conditions or engaged in any unlawful or other improper conduct or any conduct calculated to jeopardise the fair and proper conduct of the promotion.
29 If for any reason this promotion is not capable of running as planned, including but not limited to tampering, weather event, earthquake, terrorism, unauthorised intervention, fraud, any technical difficulties or equipment malfunction or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to take any action that may be available, and to cancel, terminate, modify or suspend the Promotion, subject to state regulation.
30 The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any goods or services offered as part of the Promotion. To the extent permitted by law, the Promoter is not liable for any loss (including indirect and consequential loss) suffered to person or property by reason of any act or omission (including deliberate or negligent acts or omissions) by the Promoter or its employees or agents, in connection with the arrangement for the supply, or the supply, of goods or services by any person to the prize winners and, where applicable to any persons accompanying the prize winners. This clause does not affect any rights a consumer may have which are unable to be excluded under Australian law. To the fullest extent permitted by law, any liability of the Promoter or its employees or agents for breach of any such rights is limited to the payment of the costs of having the prize supplied again.
31 Failure of the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
32 The Promoter collects the entrant's personal information for the purpose of conducting and promoting this promotion (including but not limited to determining and notifying the winner). If the entrant is not willing for this to occur the entrant cannot participate in the Promotion.
34 By entering into the Promotion the entrant consents to the Promoter using, modifying and disclosing:
(a) the entrant’s name, likeness, image or voice (including photograph, film or recording) in any media (including making them available on the Promoter’s Facebook or other social media pages); and
(b) all information provided by the entrant to the Promoter at any time (including at Registration),
for an unlimited time, anywhere in the world, without further reference, payment or any other compensation to the entrant for the promotion of any of the Promoter’s products or services, including sending the entrant electronic messages.
Krispy Kreme Throwback Arcade
By participating in the Krispy Kreme Throwback Arcade competition (Competition) in New Zealand, you agree to be bound by these terms and conditions.
If you do not accept these terms and conditions, you cannot participate in the Competition or be eligible for any prizes offered in the Competition. The Competition is offered by Krispy Kreme New Zealand Limited NZCN 5859490 (‘us’, ‘we’, or ‘our’).
We may amend these terms and conditions in our absolute discretion.
(a) Entry is open to residents of New Zealand over the age of 16 years, excluding our employees and officers or any agency associated with the promotion of the Competition and their immediate families. All persons under the age of 18 years must obtain and be able to demonstrate the consent of a parent or guardian before entering the Competition. The parent or guardian agrees to these terms and conditions.
(b) If you breach this clause 1, you will not be eligible to win any prizes.
(a) A person may enter the Competition by:
(i) accessing one of the four Krispy Kreme Throwback Arcade games (Games) available on the Krispy Kreme New Zealand Instagram account (@krispykremenz) on an eligible mobile device and playing the Game in accordance with clause 4;
(ii) at the end of the Game, opting in to receive a score and being added to the top ten score leaderboard; and
(iii) correctly completing and successfully submitting all information requested on the Game for addition to the top ten score leaderboard, including nickname, full name, and email address.
(b) Entry into the Competition is free and the Games are available to access and play free of charge.
(c) A valid internet connection is required to participate in the Competition. Data charges may apply and participants are encouraged to check their data and/or mobile plan (as applicable) before participating in the Competition and/or playing the Game.
(d) Incomplete or non-conforming entries will be deemed invalid.
(e) We reserve the right to verify the validity of participants and Game plays at any time during or after the Competition Period, and reserve the right to disqualify any participant who tampers with the Game play process or who participates in the Game other than in accordance with these terms and conditions. Failure by us to enforce any of our rights at any stage does not constitute a waiver of those rights.
(f) All Game plays are deemed to be received at the time of receipt by us and not at the time of transmission by the participant. We are neither responsible nor liable for late, lost or misdirected Game plays, or Game plays not received by us for any reason whatsoever.
3 Competition period
(a) The Competition commences on 23 April 2019 at 9.00 am AEST and concludes on 27 May 2019 at 5.00 pm AEST (Competition Period).
(b) Winners will be notified on 31 May 2019 via the email address provided in the winning Competition entry.
(c) A person can enter as many times as they like within the Competition Period.
4 How to play
(a) To participate in the Competition, participants must, during the Competition Period, play the Games in the manner and time required by following the prompts.
(b) While playing the Games, participants can earn points for:
(ii) collection of points and power ups;
(iii) maintaining health; and
(iv) performing power moves.
(c) At the conclusion of the participant’s Game, the total points amassed by the participant will be tabulated into a score (Score). The Score will be reset for each Game played by the participant.
(d) In the event of a tie between participants, for the purpose of determining which participant is a winner or the ten participants with the highest Scores to be featured on the leaderboard for any Game, the participant who received that Score first during the Competition Period from all tied participants will be deemed the winner or will be featured on the leaderboard (as applicable) for that Game. If there is still a tie, we will invite the remaining tied participants to answer (in 25 words or less) a question determined by us in our absolute discretion, in the manner and time required by us, and the participant judged to have submitted the best answer, on a basis of originality and creative merit, will be deemed the winner or will be featured on the leaderboard (as applicable) for that Game.
(e) Participants’ nicknames must be appropriate for display on the leaderboard of the Game and/or our website and social media pages as determined by us in our absolute discretion. If a participant’s nickname is in whole or in part violent, obscene, illegal, inappropriate, racially or morally offensive, infringing on any rights of third parties (including without limitation, trade mark rights), or creates claims for defamation, or intentional or negligent infliction of emotional distress, as determined by us in our sole discretion, the participant will not be featured on the leaderboard and will be deemed ineligible to participate in the Competition.
5 Your obligations
You must at all times comply with our reasonable directions and all applicable laws in relation to the Competition.
(a) For the purposes of this clause 6, an “Eligible Individual” is a person who has complied with these terms and conditions.
(b) The prizes are as follows:
(i) a 1 year supply of doughnuts to the first-place Eligible Individual on the leaderboard of each Game (a voucher for 1 x Original Glazed dozen at $19.90 per week for 1 year);
(ii) a 6 month supply of doughnuts to the second-place Eligible Individual on the leaderboard of each Game (a voucher for 1 x Original Glazed dozen at $19.90 per week for 6 months); and
(iii) a 3 month supply of doughnuts to the third-place Eligible Individual on the leaderboard of each Game (a voucher for 1 x Original Glazed dozen at $19.90 per week for 3 months),
(each a Prize).
(c) An Eligible Individual may receive a maximum of one Prize for the Competition. If you receive the highest Score across all four Games, you will only receive one Prize.
(d) Following the Competition Period, we will contact the three winners via the email address provided in the winning Competition entry. The winners must provide us with a mailing address for the delivery of their Prize.
(e) We do not warrant that delivery of a Prize will occur on a specified date.
(f) We are not liable for non-receipt of a Prize for any reason. Any Prizes returned to us unclaimed may be distributed or retained by us in our absolute discretion.
(g) A Prize will be delivered to the winner within 28 days of the date of us receiving their mailing address.
(h) Prizes are not transferable and are not redeemable for cash. If a Prize is unavailable for whatever reason, we reserve the right to substitute the Prize for a prize of equal or greater value, subject to any regulations.
(i) A Prize is not valid in conjunction with any other offer.
(j) By accepting a Prize, a winner (and their parent/guardian) agrees to comply with all conditions of use of the Prize, and to participate in and co-operate as required with all reasonable marketing activities relating to the Prize.
(k) We reserve the right to request the winners provide proof of age and identity. Identification considered suitable for verification is at our discretion.
(l) Our decision is final and we will not enter into correspondence regarding the result. We may in our absolute discretion deem winning Scores invalid subsequent to a winner being notified or announced if it is discovered that the winner did not participate in the Competition in accordance with these terms and conditions. In such circumstances, the Prize will be awarded to the Eligible Individual with the next highest Score.
(m) Prizes may not be resold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion, or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in breach of this condition, we may, at our absolute discretion, withdraw that Prize. Where a Prize or any part of a Prize has been withdrawn in accordance with this clause no refund, substitute or compensation will be offered and the winner and any person who has purchased or otherwise bears that Prize will be refused service.
(n) The total prize pool value for each Game is $1,810.90. The total prize pool value for the Competition is $7,243.60.
For the purposes of the Competition, you represent and warrant to us that you are fit, healthy and able to fulfil your obligations as set out under these terms and conditions.
(a) If for any reason this Competition is not capable of running as planned, including but not limited to technical failures, unauthorised intervention, fraud or any other causes beyond our control which corrupts or affect the administration, security, fairness, integrity or proper conduct of this Competition, we reserve the right in our sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Competition.
(b) Except for any liability that cannot be excluded by New Zealand law, we and our officers, employees and agents exclude 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 the Competition, including, but not limited to, where arising out of the following:
(i) the arrangement for the supply, or the supply, of goods or services by any person to the Prize winners and, where applicable to any persons accompanying the Prize winners;
(ii) the conduct of the Game and any technical difficulties or equipment malfunction (whether or not under our control);
(iii) any theft, unauthorised access or third party interference;
(iv) any Game play or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by us) due to any reason beyond our reasonable control;
(v) any variation in Prize value to that stated in these terms and conditions;
(vi) any tax liability incurred by a winner or entrant;
(vii) participation in the Competition; and/or
(viii) redemption and/or use of a Prize.
(c) To the fullest extent permitted by law, any liability of us or our officers, employees or agents for breach of any such rights is limited to the payment of the costs of having the Prize supplied again.
9 Intellectual property
Each participant acknowledges and agrees that, in the event they are one of the ten participants with the highest Scores for any Game, we may use, modify, and disclose:
(a) your nominated nickname and Score publically on a leaderboard during the Competition and/or our Website and social media pages in connection with the Competition;
(b) your name, likeness, image or voice (including photograph, film or recording) in any media (including making them available on our Facebook or other social media pages); and
(c) all information provided by you to us at any time (including at entry) (Material),
for an unlimited time, anywhere in the world, without further reference, payment or any other compensation to you for the promotion of any of our products or services, including sending you electronic messages.
(a) We collect your personal information for the purpose of conducting and promoting this Competition (including but not limited to determining and notifying Prize winners).
(c) If you do not wish to provide us with the personal information requested under clause 2, then you may not be eligible to take part in the Competition.
(a) Any queries regarding the Competition should be directed to email@example.com or 0800 557 363 during our business hours.
(b) If for any reason any aspect of the Competition is not capable of running as planned, including by reason of weather, earthquakes, terrorism, environmental events, tampering, unauthorised intervention, fraud, technical failures, infection by computer virus, telephone network failure, bugs, or any cause beyond our control, we may in our sole discretion cancel, terminate, modify or suspend the Competition or delivery of any Prizes, or invalidate any affected entries.
(c) Without limiting any other paragraph, we may cancel the Competition, delivery of any Prize or part thereof, or amend any aspect of this Competition or of these terms, subject to applicable laws and subject to the approval of the relevant authorities in each relevant jurisdiction, if required.
12 Disputes and survival
(a) The laws of New Zealand apply to the Competition and these terms and conditions. You irrevocably submit to the non‑exclusive jurisdiction of New Zealand courts in connection with the Competition and these terms and conditions.
(b) Paragraphs 8, 9 and 10(a) survive termination or expiry of these terms and conditions.