TERMS AND CONDITIONS – START SPORTS

Information on how to participate and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entry is only open to New Zealand residents. Entrants must be at least 18 years or older to enter.
Employees and paid contractors (and their immediate families) of the Promoter 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 stepchild (whether natural or by adoption), parent, stepparent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or 1st cousin.
The promotion commences on 1 June 2021 and and ends at 5pm on 22 December 2022 (“Promotional Period”) replacing the previous promotional period as allowed under Rule 35. (“Promotional Period”).
To be eligible to enter this promotion, individuals must, during the Promotional Period, become a member of the Start Sports New Zealand Loyalty Program with a one-off subscription donation of $20 to the Program sales team, which will be in various retail centres, business districts and residential areas throughout New Zealand at selected times, and provide their full name, phone number, email and credit card details. Once an individual subscribes to the Program, as part of this promotion, each individual will receive:
1. One (1) automatic entry into the major prize draw for the chance to play a contingency game for a chance to win $250,000 cash;
2. A welcome video;
3. A $20 e-voucher to redeem against exclusive product bundles and discounts available through the Program, as listed at [WEBSITE];
4. A provided protein store voucher;
For every $20 received, the member will receive items a) to d) in Clause 5 above.
Upon subscribing, entrants will be sent a confirmation email or text message, confirming their payment and the details of their subscription.
Purchase of any products via the promotion is subject to the Terms and Conditions of the promotion, available at startsportshop.com.
The Promoter reserves the right, at any time, to verify the validity of 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.
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.
If the subscription is a gift, only the gift recipient will be entered into the prize draw.
The major prize draw (changed under rule 35) will take place at Loyalty.com.au 8/8 Trawalla Ave, Toorak 3142 on 11 February 2023. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
The first valid entry drawn in the major prize draw will win that entrant (the “Participant”) the opportunity to play a contingency game (the “Game”) for the chance to win $250,000.
The Game will take place at Loyalty.com.au 8/8 Trawalla Ave, Toorak on 15 Feb 2023. All costs associated with attending the Game are the sole responsibility of the Participant. If the Participant cannot attend the Game, the Participant may participate in the Game via telephone whereby they will select a number between 1 and 200 (inclusive) and a representative of the Promoter will write that number on their behalf. In the event the Promoter has not been able to contact the Participant before the start of the Game, a representative of the Promoter will play the Game on the Participant’s behalf.
There will be one (1) sealed tamper proof envelope on display containing a single number between 1 and 200 (the “Winning Number”) at the start of the Game. The Participant/representative (“Attendee”) must provide the Promoter with a single number between 1 and 200 that will be written down by the Promoter (the “Attendee’s Chosen Number”). The Promoter will then open the sealed envelope to reveal the Winning Number. The Attendee must not touch, handle or interfere in any way with the game materials on display including the sealed envelope or the Attendee’s Chosen Number. If the Attendee is found to have breached this condition, he/she will be disqualified. If the Attendee’s Chosen Number is the same as the Winning Number, then, subject to verification by the judges, the drawn Participant will win $250,000. If the Attendee’s Chosen Number is not the same as the Winning Number, then the $250,000 prize will not be given away and, subject to verification by the judges, the drawn Participant will win $5,000. The prize will be awarded as a cheque made payable in the Participant’s name within 28 days of the Game.
The Game will be supervised by a Lloyds of London approved scrutineer.
The drawn Participant’s odds of winning the $250,000 prize are 1 in 200. The odds of being drawn as a Participant may be significantly higher than the odds of the drawn Participant winning the major prize and will depend upon the number of entries received.
Total prize pool value is up to NZ$250,000.
The major prize winner will have their name published on www.startsportshop.com from 6 Jan 2023.
The Promoter’s decision is final, and no correspondence will be entered into.
If the major prize winner is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.
The prize, or any unused portion of the prize, is not transferable or exchangeable. If the prize is not won, claimed, taken or redeemed by the time specified by the Promoter and as outlined herein, the prize will be forfeited subject to the unclaimed prize draw.
A draw for any unclaimed prizes may take place on 15 Feb 2023 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified by phone and email within two business days of the draw and have their name published on startsportshop.com from 15 Feb 2023. In the event the major prize is unclaimed and must be awarded in the unclaimed prize draw, the Game will still take place as scheduled, with a representative of the Promoter playing the Game, and the drawn unclaimed prize draw winner will win the prize determined as a result of the Game.
Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are the major prize 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.
Each entrant agrees that by entering into this promotion, the Promoter and the Promoter’s partner(s), including but not limited to Loyalty.com.au and Adflex Marketing, will be permitted to market the Promoter’s and other partner’s products and services to the entrant using the entrant’s entry details.
All discounts and offers via the loyalty voucher available for redemption via the Program are subject to the standard terms and conditions of the providing company. No association with that company is implied by this promotion.
Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
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.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under any consumer protection laws in New Zealand (“Non-Excludable Guarantees”).
Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its 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 the promotion, including, but not limited to, where arising out of the following: (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) taking of or use of a prize.
The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to New Zealand regulatory authorities. Entry is conditional on providing this PI. The Promoter (and its selected partners) may for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
As a condition of accepting the prize, the winner must sign any legal documentation as required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
The Promoter for this promotion is Start Sport, 53 Kashmir Avenue, Clouston Pak, Upper Hutt, 5018, New Zealand. Proceeds of subscription sales generated via this promotion are intended to support the funding requirements of Start Sport. For all enquiries, please email info@loyalty.com.au.
All times in these Terms and Conditions are New Zealand standard time. All prize and other amounts are denominated in New Zealand dollars.
These Terms and Conditions may be amended from time to time by notification on the website www.sportstartshop.com.