Terms of Service

Competitions Pty Ltd Terms of Service

as at 1^st August 2020

1. Agreement

1.1 These terms of service, along with all other terms, conditions, notices and disclaimers contained on the competitions.co.nz website, including related domains (together, the Site) form the terms of service (Terms).

1.2 By using the Site or making an application to become a Competitions Pty Ltd member (Member), you agree that these Terms apply as a legally binding agreement between you and Competitions Pty Ltd (ABN 29 158 189 747) (we, us), including any amendments to these Terms that may be made by us in accordance with these Terms.

2. Membership

2.1 If we accept your application to become a Member:

(a) you will be provided with an account on the Site (your Account);

(b) from time to time you will be invited to participate in certain activities, including surveys, email promotions, competitions and other activities that may be determined by us (Activities) which may request you to provide certain information or content, such as your opinion, information about you or your experiences, or any other information or content (or any one or more of these, as applicable) on various subjects (Feedback); and

(c) you will be rewarded for your participation in Activities or providing Feedback (as applicable) by earning Competitions reward points ( CompBux) in accordance with these Terms.

2.2 By applying to become a Member, you represent and warrant to us that:

(a) you are at least 18 years of age or you have your parent or legal guardian’s consent to be a

Member and participate in the Activities if you are under 18 years of age;

(b) you are a permanent resident of New Zealand and currently reside in New Zealand; and

2.3 You understand and agree that:

(a) you will maintain a valid, complete and accurate personal profile for your Account, including all required personal information and updating that profile with any changes to your personal information that may occur;

(b) if you provide us with Feedback, your Feedback may be disclosed or published by us to third parties at our discretion;

(c) you will only maintain one Account and shared email addresses will not be used for more than one Account, even if the Accounts are for different people;

(d) you will not transfer or attempt to transfer CompBux to any other person or Member;

(e) you will not email, post or submit any Feedback which contains or encourages defamatory, indecent, menacing, illegal, unsolicited or inappropriate acts, or otherwise brings us or the Site into disrepute;

(f) you will receive notifications in relation to the Site or Activities, including in the form of emails, messages on the Site and push notifications (Notifications).

(g) you will not publish, send to us or upload to the Site any material which contains any code or

software which seeks to contaminate or destroy property of any part of the Site;

(h) you will keep your Account username and password details secure and will not allow other people to access your Account. If you suspect a security breach has occurred or may occur, you will immediately notify us;

(i) you will not use any automated means including scripts, spiders, robots, bots, crawlers or the like in connection with your use in any way of the Site;

(j) we are not under any obligation to send you any Notifications, invite you to participate in any Activities, or to provide you with a set number of opportunities to earn CompBux;

(k) we are not responsible to you or to any government authority for any taxes or loss of benefits you may incur or suffer as a result of you being issued with CompBux;

(l) in order for you to accrue or maintain CompBux, you must accept cookies when using the Site and ensure that your firewall or filtering software settings on your computer or device will allow Points to be credited to you;

(m) we have complete discretion to accept or refuse your application to become a Member and you will only become a Member after we accept your application;

(n) you assign to us all data and intellectual property rights that arise in connection with your use of the Site and that may exist in your Feedback and warrant to us that no third party owns or has any rights in any of your Feedback; and

(o) where you have moral rights, as defined in the Copyright Act 1968 (Cth) or any equivalent rights under the same or similar laws, in your Feedback then you irrevocably waive those rights and consent to us using your Feedback in a way that may otherwise infringe those rights.

2.4 If you do not agree to be bound by these Terms, you must immediately terminate your Account and stop using the Site.

2.5 If you fail to adhere to any of these Terms, we reserve the right to immediately suspend or terminate your Account without further notice.

3. CompBux

3.1 The Notification for each Activity will describe the number of CompBux that you are eligible to earn by participating in that Activity (if applicable), as well as any other criteria relating to that Activity and the requested Feedback (Additional Terms).

3.2 You will NOT earn CompBux for your participation in any Activity if:

(a) you do not complete all parts of the Activity;

(b) you do not provide your Feedback in accordance with these Terms and the Additional Terms; or

(in any case, this will be Invalid Feedback).

3.3 Providing Invalid Feedback may also lead to termination of your position as Member and termination of your Account.

3.4 We will use our best endeavours to credit your account with the CompBux you earn as soon as possible after your participation in the relevant activity.

3.5 Your CompBux can be accumulated and redeemed for Gift Cards, Cash and other benefits (Benefits) in accordance with any additional terms that may be published on the Site from time to time.

3.6 You acknowledge and agree that:

(a) we have complete discretion to make available, remove and change the Benefits and change the number of CompBux required to redeem any Benefit; and

(b) CompBux have no value outside the Site and cannot be transferred to any other person or Member; and

(d) The maximum Benefits redemption in any weekly period is NZD $100; and

(e) if you unsubscribe or mark as spam from any of our communications, close your Account or your position as Member, your Account is terminated by us in accordance with these Terms, or you fail to access the Site for a period of more than 3 months, you will forfeit all of your accumulated Points.

3.7 If you wish to dispute any aspect of the Site, an Activity, or any decision regarding your Invalid Feedback, you should contact us via email at support@competitions.co.nz and provide all details regarding the discrepancy (Review Request). We will notify you in due course of any further action or investigation taken by us in relation to your Review Request.

3.8 Any initial determination of your Invalid Feedback, as well as any decision to uphold that determination or take any further action following your Review Request is at our sole discretion. Further, any decision or determination made by us after your Review Request will be final.

3.9 We will use our best endeavours to ensure that any Benefit validly redeemed by you in accordance with these Terms and any terms on the Site, will be provided to you. However, as the delivery of the Benefit may be provided or controlled by a third party, you acknowledge and agree that we are not liable in any way for any failure to deliver, or any fault or issue with any Benefit.

3.10 We may send you Notifications which do not provide you with an opportunity to earn CompBux, for example third party promotions, competitions that offer incentives other than CompBux, system updates, bulletins and administrative announcements. An example of this is if you are sent a screening questionnaire to determine whether you match the required criteria to participate in a particular Activity, where this information is not identifiable from your profile.

4. Suspension, Termination and Points Expiry

4.1 You may terminate your Account with us at any time by following the steps provided on the Site.

4.2 If your email address becomes invalid or we are notified that our Notifications are not being received by your email address, we may suspend your Account. In order for us to re-activate your Account, you will need to contact us via the Site to update your email address. You will not be eligible to earn CompBux while your Account is suspended.

4.3 We reserve the right to expire your accumulated Points balance and/or terminate your Account without prior notice, at our sole discretion, and for any reason, including but not limited to circumstances where:

(a) your account has been suspended for more than 30 days;

(b) you have failed to access the Site for a period of more than 3 months;

(c) you breach these Terms or any other terms, agreements or policies referred to in these Terms or contained on the Site, in any way;

(d) you use, publish or disclose any information or material which damages, or that we consider has the potential to damage our reputation, or the reputation of any third party; or

(e) you use, publish or disclose any information or material which infringes our rights or the rights of a third party, such as privacy or intellectual property rights.

4.4 If your Account is terminated (by you or by us), you will cease to be a Member and you will forfeit all your accumulated CompBux.

4.5 If we terminate your Account, you will be ineligible to become a Member at any future date.