Win a year’s supply of Native Competition

Terms and Conditions

Part A: Key terms for this Competition

1) Introduction and Organiser: Each entrant must agree to these terms and conditions (‘Terms’) before entering this competition (‘Competition’). By entering the Competition you agree that you have read, understood and unequivocally accept all of these Terms. 

The organiser of this Competition is Native Hard Sparkling (‘Native’) with its head office at 216a Willis Street, Te Aro, Wellington 6011. 

The Competition will be conducted through Native’s website at https://nativesparkling.nz/pages/survey

The prize will be supplied by Native Hard Sparkling.

2) Prize: There is one (1) annual subscription to Native Sparkling beverages to be won (the “Prize”) which comprises of:

(a)      One (1) twenty four pack (24-pack) of Native Hard Sparkling (valued at $60) will be delivered one per month monthly over a 12-month period.

Requests can be made from time to time to change what arrives in your twenty four pack (24-pack), upon approval from Native. Requests to edit your subscription are to be made via orders@nativesparkling.nz

Deliveries will be made to a single address.

The Prize excludes the items listed below (such list is not exhaustive) and is therefore the responsibility of the winner:

(a)    subscription beyond one (1) year

(b)   alcoholic products from Native. 

3) Competition Period: The Competition starts at 9am on 1 July 2022 and ends at midnight on Friday, 30 September 2022 (’Competition Period’). Any entries (registrations) submitted outside of the Competition Period will not be eligible. Native reserves the right to change the Competition Period without notice at any time in its sole discretion.

4) How to Enter: To enter the Competition to win, each entrant must during the Competition Period:

1. a) Complete in full and submit the survey responses on nz (accessed via the QR code on cans of Native Lemon & Yuzu sparkling water). 

5) Winner: The winner will be drawn at random on Tuesday 4 October 2022 by Native at Native’s Head Office located at 216a Willis Street, Te Aro, Wellington 6011.

6) Notification of Winners of the Prize: Native will endeavour to contact the Winner using registration details provided by the entrant as part of the Entry within two (2) business days after the Draw. The Winner’s first name, surname initial (e.g Guy H, Wellington) may also be published on Native’s website, social media and via any other channel or medium deemed appropriate by Native.

Native may provide the Winner with further instructions regarding the process that the Winner must follow to claim their Prize, this includes filling out a prize receipt form.

7) Claiming the Prize: To claim the Prize, the Winner must, within 72 hours of Native ’s first attempted communication with the Winner under paragraph 6 above, respond to Native in the manner instructed by Native  and, upon request by Native : a) prove their identity; and b) provide a valid address and email details. If Native is unable to identify or contact the winner within 72 hours, Native may choose a new winner, making the original winner ineligible to claim the prize.

Part B: General terms for this Competition

8) Eligibility: A person is eligible to enter the Competition only if they are:

1. a) Over 18 years of age.
2. b) not an employee or board member (or an immediate family member of an employee or board member) of Native;
3. c) resident in New Zealand.

9) Consent: By entering this competition you are consenting to receive marketing email communications by Native.

10) Failure to claim Prize: If the Winner does not claim their Prize within three (3) months after being notified in accordance with paragraph 7 (unless they are otherwise unable to be contacted or identified), the winner will forfeit the Prize.

11) Applications and Entries: Native assumes no responsibility for any error, omission, interruption, deletion, defect, failure, malfunction, alteration, delay in delivery, operation or transmission, theft, or other circumstances of any kind, which may affect an application or Entry or an entrant’s participation in the Competition. Native, in its sole discretion, may disqualify any Entry that is incomplete, illegible, damaged, mutilated, forged, otherwise tampered with in any way or that has been made by automating or manipulating the application or Entry process, or in any other way that Native considers to be inappropriate. Native reserves the right to verify the validity of applications and entries.

12) Not Transferable: The Prize must not be sold, used, donated, or given away as part of another competition. The Prize is not transferable or exchangeable and cannot be redeemed as cash.

13) No Payment Necessary: No payment or purchase is necessary to enter this Competition, but any costs associated with obtaining Internet access in order to visit or participate in this Competition will be the sole responsibility of the respective entrants.

14) Decisions: Native’s decisions regarding all aspects of this Competition including, without limitation, decisions regarding the eligibility of Entries, the conduct of the Competition, the judging, the interpretation of these Terms and the allocation of each Prize, are final. No correspondence will be entered into. To the maximum extent permitted by law:

1. a) no decisions of Native may be challenged on any grounds, including (without limitation), due to any alleged or actual failure of Native to act reasonably, in good faith, or fairly; and
2. b) the decisions of Native will remain binding and conclusive even if those decisions were allegedly or actually wrong or based on any factual error or based on any unreasonable, irrational, or irrelevant consideration.

15) Cancellation, changes or substitution:

1. a) Native reserves the right to amend or terminate this Competition or any aspect of this Competition (including the Prize) without notice at any time in its sole discretion in the event that this Competition or any aspect of this Competition cannot be reasonably conducted as planned.
2. b) If, for any reason, any element of the Prize becomes unavailable for any reason beyondNative’s reasonable control, Native reserves the right to substitute a Prize or any part of a Prize (due to unavailability or for any other reason) with a similar element of equal or greater monetary value.

16) Ownership: 

All Entries will become the property of Native and may be copied, published, and used by Native for any purpose (including, without limitation, future promotional, public relations, and sales development activities).

17) Privacy: 

Personal information provided by each entrant may be stored and used by Native:

1. a) for the purposes of conducting the Competition; and
2. b) for additional purposes (such as research, promotion, or marketing activities to provide entrants with information and promotional material) where that entrant agrees that Native may use his or her personal information for those additional purposes.

Personal information will not otherwise be used or disclosed by Native, except as required or permitted by the New Zealand Privacy Act 2020 or by other applicable laws.

The collection, use and disclosure of personal information provided in connection with the Competition are governed by Native’s Privacy Policy. A copy of Native’s Privacy Policy may be accessed a https://nativesparkling.nz/policies/privacy-policy. An entrant may request access to, or correction of, personal information held by Native about that entrant by writing to Native at 216a Willis Street, Wellington 6011, emailing kiaora@nativesparkling.nz

By accepting the Prize, the winner gives express consent to Native to be able to provide their personal information to LesMills International or all other providers to make and confirm their subscriptions.

18) Warranties: To the maximum extent permitted by law, Native (and its subsidiaries, related companies, associated entities, employees, contractors and agents) disclaim all guarantees, warranties, and representations of any kind (whether express, implied or statutory) in respect of this Competition, the Prizes, and the claiming and use of the Prizes.

19) Liability: Acceptance and use of a Prize is at the Winner’s own risk and is his or her responsibility. To the maximum extent permitted by law, Native (and their subsidiaries, related companies, associated entities, employees, contractors and agents) shall not be liable for any personal injury, loss, damage (whether direct or indirect), cost, or expense howsoever caused (including through negligence or breach of statutory duty) arising out of or in connection with:

1. a) this Competition, the Prizes, or the claiming or use of a Prize;
2. b) the acts or omissions of Native; or
3. c) any act of God, or other event or occurrence beyond the control of Native

20) Breach of Terms: If an entrant breaches any of these Terms that entrant may be disqualified from the Competition and their Prize may be withheld or withdrawn, in each case at the discretion of Native.

21) Governing Law: This Competition and these Terms shall be governed by New Zealand law and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine all issues and disputes that may arise in relation to this Competition or these Terms. Entrants submit to the jurisdiction of the New Zealand courts and agree that the New Zealand courts are a convenient forum in which to resolve any issue or dispute concerning this Competition.

22) Currency: In these Terms, references to currency are to New Zealand Dollars.