Background

From time to time the Promoter runs various promotions and competitions at certain shopping centres throughout New Zealand, such shopping centres falling under the Kiwi Property portfolio.

The Kiwi Property websites contain (amongst other things) links to:

  • VIP Clubs,
  • Individual shopping centre mobile apps, and
  • Shopping centre Facebook pages.

These Standard Promotion and Competition Rules provide Participants with a base set of guidelines under which Promotions are held and by which entry and use of the Kiwi Property websites is governed.  Please note that for specific promotions there may be specific terms and each Participant needs to check the relevant shopping centre website for full details.

Definition and interpretation

For the purposes of these Standard Promotion and Competition Rules:

“Kiwi Property” means the owner of the following shopping centres in the Kiwi Property shopping centre group:

Sylvia Park, 286 Mt. Wellington Highway, Auckland

LynnMall, 3058 Great North Road, New Lynn, Auckland

Centre Place, 501 Victoria Street, Hamilton

The Plaza, 84 The Square, Palmerston North

North City Shopping Centre, 2 Titahi Bay Road, Porirua, Wellington

Northlands, 55 Main North Road, Papanui, Christchurch

 “Kiwi Property websites” means any or all of the following websites:

http://www.sylviapark.org

http://www.lynnmall.co.nz

http://www.centreplace.co.nz

http://theplaza.co.nz

http://www.northcityshopping.co.nz

http://www.northlands.co.nz

“Participant” or “Entrant” means a person who enters into or participates in a Promotion or uses a Kiwi Property website.  Participant and Entrant are used interchangeably throughout these Terms and Conditions.

“Promoter” is Kiwi Property Holdings Limited and Sylvia Park Business Centre Limited on behalf of the owner(s) of the relevant shopping centre or shopping centres running the Promotion.

Where the context requires or admits, words importing the singular shall include the plural and vice versa.

Terms and conditions

  1. These conditions (“Terms and Conditions”) apply to all Kiwi Property promotions or competitions (collectively “the Promotion”) conducted by any of the following mediums (or combination of the same) – radio, television, print, electronic messaging, mobile phone apps and internet.  These conditions also apply to the use of all Kiwi Property websites and the apps, clubs and promotions run through these websites.
  2. 2. By entering the Promotion and/or using a Kiwi Property Website a Participant is deemed to accept and agrees to be bound by these Terms and Conditions.
  3. The Terms and Conditions may change and be updated from time to time and Participants should check for regular updates and any specific competition terms and conditions.
  4. 4. If a particular Promotion has specific rules or terms and conditions, those specific rules or terms and conditions (as applicable) apply.  If there is any inconsistency the specific rules trump these Terms and Conditions.
  5. By submitting an application or entry form (or similar) each Entrant warrants that all information submitted is true and correct.  Incomplete, ineligible or incomprehensible applications/entries will be deemed invalid.
  6. 6. The Promoter may refuse any application for membership or entry in its sole discretion.  Unless otherwise stated in the specific terms and conditions for any Promotion any application or entry (as applicable) is limited to one (1) per person.  If it becomes apparent that a Participant is using a computer(s) to circumvent this condition by any automated means that person or persons’ entries will be disqualified for the duration of the particular promotion (or at the Promoter’s discretion all future Promotions) and any prize awarded will be void.  At the discretion of the Promoter, offenders may be criminally charged.
  7. 7. No responsibility will be taken by the Promoter for lost or misdirected applications or entries.
  8. The Participant shall be solely responsible for any costs involved in entering the Promotion.
  9. Participants aged under 18 years of age must (where the Promotion allows entry) obtain the consent of their parent or legal guardian to enter the Promotion.  These Terms and Conditions are deemed to bind the Participants and any parent or legal guardian who gives their consent (for Entrants aged under 18 years).
  10. All Participants in any Promotion must be New Zealand residents and, in addition to the requirements of clause 15 below, proof of such residency status may be required before any prize is handed over to any Promotion winner.
  11. The Promoter may run certain promotions where prizes may only be suitable for collection and ownership by the parent or legal guardian who gives their consent.  The Promoter may make this election at any time without prior notice.
  12. Any prize draws will be conducted at a date and time to be determined by the Promoter.  No correspondence will be entered into regarding any prize draws or results of any competition.
  13. All prizes must be taken as offered and are not transferable, refundable, exchangeable for cash or kind.
  14. Prize Winner(s) will be contacted via the details provided at the time of registering/entering (or similar) within a reasonable time after the applicable prize draw.  The Promoter reserves the right to redraw the prize if it is unable to contact a winner after three attempts (within 10 days after the draw).  If the Entrant does not claim their prize within 10 days after the draw the prize will be forfeited.  If a prize is to be by way of live draw only one (1) failed attempt to contact will be made.  If the Entrant is not contactable on the one (1) attempt the Promoter may at its sole discretion redraw the prize.  No correspondence will be entered into and special terms as regards notification and collection may be applied to particular Promotions at the Promoter’s sole discretion.
  15. Where the winner of any Promotion is required to claim the prize in person proof of identity will be required (including confirming consent of an Entrant’s parent or legal guardian and the name, age and address of the parent or legal guardian that gave their consent, where an Entrant is under 18 years of age).  If the documentation required by the Promoter is not received within a reasonable time after request (to be determined by the Promoter at its sole discretion) then the entry of that Participant will be ineligible and deemed invalid.
  16. If a prize is forfeited the Promoter may at its sole discretion redraw the relevant prize and repeat the prize process.
  17. Any winner takes the prize at his/her own risk and indemnifies Kiwi Property in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize.  The winner is responsible for all insurance, tax and other costs that may be associated with the prize.
  18. The Promoter reserves the right in its sole discretion to disqualify any Entrant who the Promoter has reason to believe has breached any of these conditions, or engaged in unlawful or improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion.  No correspondence will be entered into in this respect.
  19. The Promoter, any participating sponsors, retailers and their associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence) in connection with their prize or the use of the applicable prize, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  20. Any attempt to cause malicious damage or interference with the normal functioning of a Kiwi Property Website, or any app linked to a Promotion or to otherwise undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by a Participant, the Participant agrees to indemnify the Promoter for those losses, damages and costs.
  21. The Promoter is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to a Participant’s or any other person’s mobile handset or computer related to, or resulting from, participation in the Promotion or the downloading of any materials related to the Promotion.
  22. The Promoter reserves the right at any time to cancel, terminate, modify or suspend the Promotion.  The Promoter will not be liable for the suspension or termination of the Promotion on any account whatsoever.
  23. All applications/entry forms and any copyright subsisting in the same remains the property of the Promoter.
  24. The Promoter collects personal information about a Participant to include a Participant in the Promotion and where appropriate award gifts and prizes. If the personal information requested is not provided, the Participant may not participate in the Promotion (at Promoter’s sole discretion).
  25. By participating in the Promotion, the Participant also acknowledges and agrees that a further primary purpose for collection of a Participant’s personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter, the participating shopping centre(s) and their retailers in improving goods and services and to contact the Participant in the future with information on special offers or provide the Participant with marketing materials via any medium or any other communications channel whether existing now or in the future.
  26. The Participant acknowledges that the Promoter may share any personal information collected in order to conduct a Promotion with third parties, including but not limited to sponsors, agents, service providers, prize suppliers and, as required to New Zealand regulatory authorities.  The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes.  At any time Participants may unsubscribe or opt out by providing a written request to PO Box 2071, Shortland Street, Auckland.
  27. The Promoter requires persons and companies to which it discloses personal information to restrict their use of such information to the purposes for which it has been provided and not to disclose that information to others.  The Promoter cannot be responsible, however, for any damages caused by the failure of unaffiliated third parties to honour their privacy obligations to the Promoter.  Similarly, the Promoter is not responsible for the privacy policies and practices of other websites that are linked to the Kiwi Property websites.
  28. All personal information provided will be stored for the Promoter at the relevant shopping centre or such other place as notified to the Participant on request.  A Participant may gain access to, update, correct or request to remove any personal information by contacting the Promoter or the relevant centre manager for the participating shopping centre.  The Promoter respects privacy rights under the Privacy Act 1993 and is required to comply with the privacy principles in respect of collection of personal information from individuals.  Please click here to view the Promoter’s and Kiwi Property’s Privacy Policy.  Any enquiries regarding information held should in the first instance be directed to PO Box 2071, Shortland Street, Auckland.
  29. A Participant may have rights under the Consumer Guarantees Act 1993 which are not excluded or limited by anything set out in these Terms and Conditions.
  30. By partaking in the Promotion, all prize winners agree to participate in all promotional, public or marketing activity requested by the Promoter, related entities and its agents in connection with the Promotion and the use of the prize winner’s image or voice (including photograph, file and/or recording of the same) for an unlimited period of time without any notification, remuneration or compensation.
  31. The Promoter and the particular shopping centres promote the shopping centres and the Promotions through Facebook.  If a Participant engages or uses a Kiwi Property Website such use is deemed to be acceptance of Facebook’s terms and conditions of use which includes for the avoidance of all doubt a complete release of Facebook by each Participant.
  32. If a Participant chooses to download and use an individual shopping centre App the Participant is responsible for maintaining the strict confidentiality of their login details for the App and is responsible for any activity under their account.  Each Participant agrees to immediately notify the Promoter of any unauthorised use of their account or password or any other breach of security.  It is the Participant’s sole responsibility to control the dissemination and use of their password and control access to and use of their account.  The Promoter and Kiwi Property will not be responsible or liable for any loss or damage arising from a Participant’s failure to comply with this provision or for any loss or damage whatsoever arising out of the use of the particular App.  If a Participant downloads or uses any shopping centre App such action is deemed to be acceptance of any terms and conditions associated with the particular App.
  33. If a Promotion involves the Participant submitting and or sending materials, to include but not limited to comments, recordings and images (“Content”) the Participant, unless the Promoter advises otherwise, licences and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability.  Participants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.

Participants agree that they are fully responsible for the Content they submit.  The Promoter shall not be liable in any way for such Content to the full extent permitted by law.  The Promoter may remove any Content without notice for any reason whatsoever.  Participants warrant and agree that:

(i)     they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 13, or otherwise unsuitable for publication;

(ii)    they will obtain prior consent from any person or property that appears in their Content;

(iii)   they own the intellectual property in the Content or if the Content is not fully owned that they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein before submitting the Content;

(iv)   their Content shall not contain viruses or cause injury or harm to any person or entity;  and

(v)    they will comply with all applicable laws and regulations, including without limitation, those governing copyrights, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

Without limiting any other terms herein, the Participant agrees to indemnify the Promoter for any breach of this clause.

  1. In the event of any dispute or need for clarification as regards the Terms and Conditions, the Promoter’s decision is final and no correspondence will be entered into.  The Promoter’s decision in relation to all other aspects of the Promotion is also final and no correspondence will be entered into.
  2. Participation in any Promotion is open to all persons (unless excluded in specific terms and conditions) except:

(i)      employees of Kiwi Property Holdings Limited and Sylvia Park Business Centre Limited, and

(ii)     retailers at the relevant shopping centre running the Promotion and their respective employees.

The above restrictions also apply to immediate family members of such persons covered by (i) – (ii) above (including any spouse, child, defacto or any other family member residing at the same address as such person).

  1. Any application or entry from any person referred to in clause 35 above will be deemed invalid.
  2. The Terms and Conditions are governed by and construed in accordance with the laws of New Zealand and the parties agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
  3. Entry into any Promotion and use of the Kiwi Property websites is deemed acceptance of these Terms and Conditions.