LION – BEER, SPIRITS & WINE (NZ) LIMITED – LION RED WEBSITE TERMS & CONDITIONS
The following terms and conditions (“Terms and Conditions”) apply to your use of the Website. By accessing and using the Website, you agree to be bound by the following Terms and Conditions.
Throughout this Website, the terms "we", "us", "our" and "Lion” refer to Lion – Beer, Spirits & Wine (NZ) Limited and any of our affiliated companies.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information that we make available on this Website is not accurate or complete. Any reliance upon the material on this Website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this Website.
Any non-personal communication or material you transmit to this Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, or will be treated as, non-confidential and non-proprietary.
Anything you transmit or post becomes the property of Lion and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting without further reference or payment to you. Furthermore, Lion is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send or post to this Website. Any such use is without reference or compensation to you.
By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that Lion’s use will not violate any third party's rights. Lion is under no obligation to monitor or use the material/content submitted. Lion may delete or remove any material/content that is in breach of these Terms and Conditions.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, all copyright and other intellectual property rights in all information, data, text, graphics, images, logos, trade marks and other materials on this Website are the property of Lion or are included with the permission of the relevant owner.
Except as expressly prohibited in relation to particular content, you are permitted to browse this Website, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices. No reproduction of any part of this Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.
You must not use any trade marks or logos which appear or are used on this Website, nor do anything to prejudice the rights of the owner or licensee of such trade marks or logos. Nothing contained on this Website should be construed as granting any licence or right to use any trade mark displayed on this Website. Your use/misuse of the trade marks displayed on this Website, or on any other content on this Website, except as provided for in these Terms and Conditions, is strictly prohibited. Lion reserves all its rights to enforce its intellectual property rights to the fullest extent of the law.
LINKS TO OTHER WEBSITES
Links on this Website may take you outside the Lion network to third party websites and Lion makes no representations and accepts no responsibility for the content, accuracy or function of these other websites. The inclusion of any link to other websites does not imply endorsement by Lion. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.
You must not create a link to any part of this Website, unless expressly permitted on this Website, other than solely for your own personal/domestic, informational or non-commercial purposes, without our prior written consent.
If this Website contains third party advertisements (such as banner ads or referral buttons) which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on this Website does not constitute the recommendation or endorsement by us of any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase or acquire from those third parties.
WARRANTIES AND DISCLAIMERS
Your use of this Website is exclusively at your own risk.
To the maximum extent permitted by law, this Website is provided to you on an "as is" and "as available" basis and, consequently, Lion gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability and fitness for a particular purpose) including warranties or representations that material on this Website will be complete, accurate, reliable, timely, non-infringing to third parties; that access to this Website will be un-interrupted or error-free; that this Website will be secure; that any advice or opinion obtained from Lion through this Website is accurate or to be relied upon and any representations or warranties thereto are expressly disclaimed.
To the maximum extent permitted by law, we, including any of our subsidiary companies and each of our respective officers, employees, agents or contractors, will not be liable or accept any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses, claims, expenses or liabilities whatsoever arising out of or relating to:
• your access to, use, inability to use, change in content of this Website or arising from any other website you access through a link from this Website;
• from any actions we take or fail to take as a result of any electronic correspondence or messages you send us; or
• your reliance upon information upon this Website.
To the maximum extent permitted by law, Lion does not accept any responsibility to maintain the material and services made available on this web site or to supply any corrections, updates, or releases in connection therewith. Any material on this Website is subject to change without notice.
Further, Lion shall have no liability or any responsibility whatsoever for any loss suffered or caused (whether negligently or otherwise) by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Website. If you choose to download material from this Website you do so at your own risk.
Certain legislation may imply warranties, terms or conditions which cannot be excluded, restricted or modified. If those statutory provisions apply, to the maximum extent to which Lion is entitled to do so, its liability will be limited at its option to (a) in the case of services, the lowest of the cost of supplying the services again and having the services supplied; and (b) in the case of goods, the lowest of the cost of replacing the goods, obtaining equivalent goods or having the goods repaired.
You are prohibited from doing any act that Lion, in its reasonable discretion, may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws, ordinances, rules, regulations, codes and codes of all regulatory bodies applicable to this Website including but not limited to:
• any act that would constitute a breach of either the privacy (including uploading personal information without the concerned individual's consent) or any other of the legal rights of individuals;
• using this Website to defame or libel Lion, its employees or other individuals or acting in such a way that brings into disrepute the good name of Lion ;
• uploading files that contain viruses that may cause damage to the property of Lion or the property of other individuals.
We reserve the right to restrict or terminate your access to this Website or any feature of this Website or any feature or part thereof at any time. Any indemnities given by you and limitations on our liability will survive such termination. Any termination of your right to use or access any part of this Website will not affect any rights which have accrued to or have been accrued by either you or us prior to termination.
If any provision of these Terms and Conditions is held void, unenforceable or illegal, that provision will be severed, and the rest of these Terms and Conditions will have full force and effect.
You and Lion agree that any controversy or claim arising from or pertaining to the use of this Website shall be governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand.
LEGAL NOTICE UPDATE
We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information.
If you have any questions, concerns or complaints in relation to this Website or these Terms and Conditions, please contact us by either submitting a form on our Contact Us
page, calling us on 0800 835 554 or emailing us at email@example.com.
Last updated 03/12/2012
FULL TERMS AND CONDITIONS - LION RED ON PACK PROMOTION
1) Information on how to enter and prizes form part of these terms and conditions. By participating, entrants agree to be bound by these terms and conditions.
2) Entry is open to residents of New Zealand who are 18 years and over. Employees and their immediate families of the Promoter and its agencies associated with this promotion are ineligible to enter.
3) To enter, purchase any specially marked promotional pack of Lion Red 12, 15, 18 or 24 bottles and collect the following marked cap/s:
a) a cap marked with “Instant Prize” which entitles you to win an instant prize (“Instant Prize”);
b) one of each of the caps marked with the image of Matt Watson, the Vodafone Warriors logo and a fish (3 caps in total) which entitles you to enter the major prize draw (“Major Prize Draw”).
Once you have collected the marked cap/s, complete the entry form which can be found on either the underside of a specially marked pack of Lion Red or at www.lionred.co.nz
(in a legible manner including a valid phone number so that you can be contacted if you have won), tick the box for the relevant prize and send the entry form along with the relevant cap/s to Lion Red, PO Box 125265, St Heliers 1071, Auckland.
4) Multiple entries are permitted, however each entry must be accompanied with a separate entry form and in a separate envelope.
5) The promotion commences on 01/12/12. The entry period for the Major Prize Draw closes 23.59 on 29/03/13. Instant Prizes can be redeemed until 30/04/13. No entries into the Major Prize Draw or redemptions of Instant Prizes will be accepted after these times.
6) The Major Prize Draw will take place on 05/04/13. The first valid entry drawn will receive the major prize.
7) The Major Prize Draw winner will be notified by phone by no later than 08/04/13.
8) There are 500 Instant Prizes available to be won in total. The Instant Prizes consist of either a Shimano rod and reel set valued at $200 or a Vodafone Warriors branded cap valued at $50 (as marked on the bottle cap). Instant Prizes are the sole responsibility of the winners.
9) The major prize consists of a three day fishing trip for the winner and a friend with Matt Watson, the ITM Fishing Show crew and two Vodafone Warriors players to Great Barrier Island. The major prize includes, for each of the winner and friend:
a) return, economy flights from their closest domestic airport to Auckland (if required);
b) airport transfers (if required);
c) return boat trip on the ‘Gladiator’ from Auckland to Great Barrier Island (three days in total);
d) all required fishing equipment;
e) two nights’ accommodation at Great Barrier Island (to be determined at a later date);
f) all meals; and
g) all other major prize-related travel costs.
10) The two Vodafone Warriors players who participate in the major prize will be determined on the basis of availability and will only be present for one day of the fishing trip and one overnight stay at Great Barrier Island. Exact fishing activity may differ due to weather and sea conditions. All other costs will be the responsibility of the winner.
11) The major prize must be redeemed at a time arranged with the Promoter, Tightlines Television Limited, Gladiator Marine Limited and New Zealand Warriors Limited between the period 01/06/13 and 31/07/13.
12) If the major prize winner cannot be contacted after reasonable efforts have been made by the Promoter, if the major prize winner cannot be verified, if the major prize winner is unable to travel during the period specified in clause 11, if the major prize winner or any person sharing the major prize with the winner does not agree to and sign the further legal documentation required by clause 17, if the major prize winner or any person sharing the major prize with the winner fails a Police Check (i.e. has a criminal record) or if the major prize winner is otherwise unable to accept his/her status as winner, his/her selection as the major prize winner (or participant) will be forfeited and an alternative winner may be selected provided sufficient time remains, in the Promoter’s sole discretion. No financial or other consideration will be given to the forfeiter.
13) Prizes are not transferable and are not redeemable for cash. The judge's decision is final and binding - no correspondence will be entered into.
14) In the event that any prize becomes unavailable, or prize details change, for reasons beyond the Promoter's control, the Promoter may substitute a prize of equal or greater value.
15) The Promoter accepts no responsibility for late, lost or misdirected entries. Entries will be deemed to be void if stolen, forged, illegible, mutilated or tampered with in any way.
16) The Promoter and its related bodies corporate shall not be liable for any loss, damage or injury suffered or sustained (including but not limited to direct or consequential loss or loss arising from negligence) arising directly or indirectly out of or in connection with the promotion or any prize.
17) Before the major prize is awarded, the winner and any other person sharing the major prize with the winner will be required to sign further legal documentation, as and in the form reasonably required by the Promoter in its absolute discretion, including but not limited to a legal release and indemnity form and documentation required to conduct a Police Check.
18) The major prize is subject to the terms and conditions of Tightlines Television Limited, Gladiator Marine Limited and New Zealand Warriors Limited. The Promoter and its related bodies corporate are not responsible or liable for any direct or indirect loss suffered by any entrant as a direct or indirect result of the conduct of Tightlines Television Limited, Gladiator Marine Limited and New Zealand Warriors Limited.
19) Entrants consent to the Promoter and its respective licensees or assignees using the entrant’s name, image, likeness and/or voice, in the event that he/she is the major prize winner (including still photographs, recordings, or other material created in connection with the major prize) in any advertising, marketing, publicity and/or promotional material, in any media whatsoever, for an indefinite period, without any fee being paid. You understand that you do not own the copyright in any of the photographs, footage or other material created in connection with the major prize.
21) The Promoter is Lion, 111 Carlton Gore Road, Newmarket, Auckland 1023.