GENERIC PROMOTION OR COMPETITION

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GENERIC PROMOTION OR COMPETITION RULES
Definitions
The ‘Promoter’ is Be The Change NZ. ‘Disqualified Participants’ are: (a) all Be The Change NZ
employees, all employees of participating sponsors or promoters and/or advertising agencies and
their Immediate Families; (b) all people under the age of 18 years where the prize incorporates air
travel or any other element which would be illegal to supply to a person under the age of 18 years; (c)
all people who are not in Years 7-13 or are not aged between 12 and 24 years; ‘Immediate Families’
include spouses, Grandparents, Parents, Children, and Grandchildren whether by marriage, past
marriages, remarriage, adoption, co-habitation or other family extension.
Entry
1.
These Promotion or Competition Rules (‘the Rules’) apply to all Be The Change NZ Promotions
or Competitions (collectively ‘the Promotion’) conducted on or off air and by means of any
medium – radio, television, print, telephone or computer. The Rules may change from time to
time.
2.
If a particular Promotion has specific rules or terms (‘the Specific Rules’) those Specific Rules
will apply if there is any inconsistency with the Rules.
3.
Unless otherwise stated in the abovementioned specific rules or terms, registration, entry or
vote is limited to 1 per person. Where multiple registrations, entries or votes are acceptable,
each must be made separately.
4.
Entry into the Promotion is deemed to be acceptance of the Rules and confirmation that the
entrant has the necessary authority (for example from the bill payer or owner of a telephone)
to enter the Promotion.
5.
No purchase is necessary to win or participate in the Promotion, unless specified in the Specific
Rules.
6.
The Promotion is open to New Zealand Residents only. Disqualified Participants may not enter
in the Promotion.
7.
Be The Change NZ reserves the right to exclude any person from participating in the Promotion
on reasonable grounds.
8.
Be The Change NZ reserves the right to refuse to award any prize to an entrant who Be The
Change NZ decides (in its sole discretion) has violated the Rules, gained unfair advantage in
participating in the Promotion or won using fraudulent means.
9.
By participating, entrants grant Be The Change NZ exclusive permission to use their names,
characters, photographs, videos, voices and likeness in connection with the Promotion and for
future promotion and marketing purposes and waive any claims to royalty, right or
remuneration for such use.
10.
All entrant personal details must be valid and up to date and will be held by Be The Change NZ
and may be used for the purpose of the Promotion and for future promotion and marketing
purposes in accordance with Be The Change NZ Privacy Policy (see www.bethechangenz.org)
unless otherwise directed by contestants at the time of entry.
11.
Personal information provided at the time of entry is presumed to be true and, in the case of
text or email notification – active, through to and beyond the date of the Promotion’s
completion.
12.
Where the promotion involves texting, the following apply: a) Standard sms text charges will
apply, unless otherwise stated in the Specific Rules and will depend on the entrants particular
plan or agreement with their phone service provider; b) Any form of automated text message
is invalid; b) The telephone number from which the entry was made will be stored in a database.
The entrant has a two-business-day period from the time of entry to request removal from the
database. If no request is made it is deemed acceptance that the information can be used for
future promotion and marketing purposes; and c) Be The Change NZ takes no responsibility for
text costs incurred after the Promotion has closed as stipulated in the Specific Rules.
Winning the Prize
13.
Only the person who originally entered the Promotion can be awarded the prize (‘the Winner’).
14.
The Winner will be determined in the manner set out in the Rules or the Specific Rules – if not
specified then as determined by the Promoter who shall for this purpose be deemed the Judge.
15.
The Judge’s determination of the Winner will be final and no correspondence will be entered
into.
16.
The Winner will be notified by email, phone (voice or text), mail or in person and must be
available for the preparation of all publicity that may be required by Be The Change NZ. Where
attempts to contact the Winner fail (eg when the Winner cannot be contacted by phone after
three attempts or mail sent is returned) the Judge will select another winner. If, after successful
notification, the prize is not collected within two months of being announced it will be regarded
as forfeit. (Note: 3 attempts to contact the Winner will include individual calls to any numbers
provided at the time of entry. However, should the prize’s total worth equal less than NZD$250
and be a live-to-air draw, only one failed attempt at contact will be acceptable before the Judge
selects another winner.)
17.
The prize is not redeemable for cash or transferable. No other family members, friends, office
associates or any other person will be able to participate on the Winner’s behalf. In the event
that the prize specified in the Competition becomes unavailable for any reason the Promoter
may substitute a prize of like or equal value.
18.
Where the Winner is required to claim the prize in person, they must provide proper
identification (eg driver’s licence, passport, birth certificate). If the Winner is under the age of
18 years their parent or legal guardian must accompany the Winner or give their prior written
consent to the award of the prize.
19.
The Winner takes the prize entirely at his/her own risk and indemnifies Be The Change NZ 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 or other costs that
may be associated with the prize.
20.
Where the prize includes air travel and/or accommodation, either international or domestic
(“the Travel Prize”):
a) the Winner MUST have valid documentation, including but not limited to valid passports and
Visas, which meet the requirements of immigration and other government authorities at every
destination. i. Any fines, penalties, payments or expenditures incurred as a result of such
documents not meeting the requirements of those authorities (including any costs associated
with delay, will be the sole responsibility of the Winner). ii. When the Travel Prize includes travel
to or through the United States, it is the Winner’s responsibility when travelling into or through
(transiting included) the United States under the Visa Waiver Program to apply for an Electronic
System for Travel Authorisation (ESTA) no later than 72 hours prior to departure if required. The
winner must visit the US Department of Homeland Security website and fill in the required
information. The cost of the ESTA is the sole responsibility of the Winner.
b) The Winner and their travelling companion (if applicable) must travel together at all times.
The Winner is responsible for transport from their residence to their nearest international
airport for flight departure and from their nearest international airport to their residence upon
returning to New Zealand.
c) Flight tickets are available on the regular scheduled services of each airline and are subject to
seasonal embargos. The flight itinerary may have to be adjusted depending on the airline's
departure city and their current flight schedule. Unless otherwise specified, the air travel is
economy class.
d) Any changes to travel dates or additional accommodation outside the travel period specified
in the Travel Prize details, made by the winner, which incur additional costs, are to be paid by
the Travel Prize winner.
e) Unless explicitly stated in the Specific Rules, the Winner will be responsible for expenses
including, but not limited to, spending money, meals, drinks, transport, laundry charges,
activities, incidentals, taxes (excluding departure and any other flight associated taxes included
within the Travel Prize), gratuities, services charges, passports, visas, travel insurance and all
other ancillary costs associated with redeeming the Travel Prize. The Winner must obtain travel
insurance to protect themselves against additional costs incurred in the event of unforeseen
circumstances.
f) The Travel Prize is not transferable or exchangeable and cannot be redeemed for cash. The
Travel Prize must be taken as stated in the Specific Rules and no compensation will be payable
if the Winner is unable to use the Travel Prize as stated. For the avoidance of doubt, if the
Winner is, for whatever reason, unable to travel on a nominated date during this period,
whether the failure was due to reasons beyond the Winner's control or otherwise, then the
Winner will forfeit the Travel Prize.
g) The Promoter makes no representation as to safety, conditions and other issues that may
exist at any destination. International travel advice can be obtained from various sources,
including government, local consular offices and the web site of the New Zealand Ministry of
Foreign Affairs and Trade. The winner accepts the Travel Prize at their own risk.
h) All travel is subject to the terms, conditions and restrictions of the Travel Prize service
providers. Any travelling companion included in the Travel Prize (if applicable) accepts the
Travel Prize subject to these terms, conditions and restrictions as if references to the Winner in
the relevant clauses were to the travelling companion. The Winner and their travelling
companion must sign a legal release, in a form acceptable to the Promoter in its absolute
discretion, if requested by the Promoter.
Be The Change NZ Responsibility
21.
Be The Change NZ reserves the right to amend, vary, extend or discontinue a Promotion at any
stage, for any reason.
22.
Be The Change NZ takes no responsibility for any inability to enter, complete, continue or
conclude the Promotion due to equipment or technical malfunction, busy lines, inadvertent
disconnection, texts with a misspelt keyword, texts to an incorrect shortcode, Acts of God or
otherwise.
23.
To the fullest extent permitted by law Be The Change NZ will not be liable for any loss or damage
whatsoever (including but not limited to direct or consequential loss) or for personal injury as a
result of Promotion entry or winning the prize.
24.
Where the prize is to be supplied by an entity outside Be The Change NZ control and that entity
fails, for whatever reason, to supply the prize, Be The Change NZ has no responsibility for the
provision of the prize and is not obliged to provide an alternative prize or to take legal action to
require the prize supplier to provide the prize.
Acceptance
25.
Participation in the Promotion is deemed acceptance of these Terms and Conditions.
26.
If the Winner does not accept these Terms and Conditions the prize will be forfeited.
Specific Rules
The prizes for the “upstand and win” competition are as follows: 1st Prize - a laptop, 2nd Prize - a GoPro, 3rd Prize - $200 Prezzy Card.
The winning script(s) will be made into videos that will be launched via all forms of social media (see
‘website terms of access’ for further details). The Promoter reserves the right to develop, edit and
adapt the scripts(s) to ensure it is at broadcasting standard.
Be The Change NZ have exclusive permission to use these videos, voices and likeness in connection
with the Promotion and for future promotion and marketing purposes and waive any claims to royalty,
right or remuneration for such use.
The 1st Prize winner also has the choice to be an actor in their video, or not to be actor in their video.
The Promoter reserves the right to determine what that role will be.
It is the Prize winner’s responsibility to be available during the following dates for filming: one or two
of the following dates - 18, 19, 25 or 26th June 2016.
It is the Prize winner’s responsibility to travel to the location/s for filming, which may be in up to three
different locations around Christchurch, New Zealand.
If the Winner is under the age of 18 years their parent or legal guardian must accompany the Winner
or give their prior written consent to the filming.
WEBSITE TERMS OF ACCESS
Be The Change NZ and related bodies corporate (“we” or “us” or “Be The Change NZ”) operates a
number of social media and websites in New Zealand (for convenience we will call these the “Sites”).
These are the Terms that apply when you use our Sites from time to time.
Acceptance of these Terms
If you use the Sites, then you acknowledge that you accept the Terms and agree to be bound by them.
Be The Change NZ may change the Terms from time to time, so it is worth checking in and reviewing
them from time to time. Using any of the Sites after the Terms have been changed means you accept
the changed Terms.
Who can use the site? The Site, and the information on it, is intended for New Zealanders only,
although others are welcome to visit the Site. Non-New Zealanders who visit the Site do so of their
own initiative and are responsible for obeying their local laws. New Zealand law governs the Site. If
you are a business using the Site, then you agree that the provisions of the New Zealand Consumer
Guarantees Act 1993 does not apply to your use of the Site or your reliance on the Site.
Our rights to use your content
Any content you submit to The Site, including but not limited to text, graphic, audio and video (“the
Material”) must at the time of submission be yours to do with as you wish. By providing the Material
to Be The Change NZ through a Site you are declaring: a) you have the right to make the Material
available to Be The Change NZ; b) you grant Be The Change NZ a perpetual, royalty-free, non-exclusive,
sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform, play, make available to the public, and exercise all copyright, moral
and publicity rights with respect to the Material worldwide and/or to incorporate the Material in other
works in any media now known or later developed for the full term of any rights that may exist in the
Material (including without limitation the right to exploit the Material); c) you have obtained any
required clearances in relation to the Material (including without limitation any required
consents/releases of persons appearing in the Material); d) the Material does not infringe any law and
is not defamatory in any way, shape or form;
If you do not want to grant to Be The Change NZ the rights set out above, do not submit the Material.
You indemnify Be The Change NZ against all legal fees, damages and other expenses that may be
incurred by Be The Change NZ as a result of your breach of the above declaration.
Intellectual Property
All content on the Site is protected by intellectual property rights (copyrights, trade marks or other
rights and laws). You need Be The Change NZ’s prior written consent to deal with any of the Site
content.
Posting on the site – rules of engagement
Anyone who wants to post comments by way of public forum on or is to contribute in any way to the
Site is to abide by the following rules. If the Site has specific rules or terms to the contributing area
those specific rules or terms will apply if there is any inconsistency with the below.
About your submission/s:
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Contributions must be civil and tasteful.
No disruptive, offensive or abusive behaviour:
No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening,
harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable
material is not acceptable.
No advertising.
No spoilers: material which contains plot developments which have not yet been transmitted
on New Zealand television and/or radio are not permitted.
Contributions containing languages other than English may be removed unless allowed in the
Site’s relevant local rules.
No impersonation.
No inappropriate (e.g. vulgar, offensive etc) user names.
You may not refer to specific URLs (web site addresses) unless allowed under the Site’s relevant
local rules.
Deliberate misuse of the facility is not permitted. If you persist in doing this, action may be taken
against your account.
We advise that you never reveal any personal information about yourself or anyone else (for example:
telephone number, home address or email address), and please do not include postal addresses of
any kind. If you have a helpful address to share, inform the host of the Site using the 'Contact Us' link,
and they will promote it if they see fit. If you are under 16 years old, please get a parent's or guardian's
permission before contributing to the Site. Never reveal any personal information about yourself or
anyone else (for example, telephone number, home address or email address) in a Public Forum. If
you see a comment/posting that you believe to be inappropriate please let us know.
Disclaimer And Limitation Of Liability
You agree that Be The Change NZ will not be liable for your reliance on any information on the Site
(even if negligently provided). You also agree that Be The Change NZ will not be liable for any damages
(direct, incidental, special, consequential, indirect or punitive) resulting from the use of (or inability to
use) the Site. You agree that if we are held responsible for any damage or loss, Be The Change NZ's
total liability to you for all damages, losses, and causes of action (whether in contract, tort - including
but not limited to negligence - or otherwise) will not exceed the amount paid by you, if any, for
accessing the Site. You use the Site at your own risk. The Site may not always be available, for example,
during maintenance or repair. Be The Change NZ endeavours to make sure that the content in the Site
is correct, but it is provided "as is" and "as available", without warranties of any kind (either express
or implied).
Linked Sites
The Sites may contain links to external sites. Those sites are not part of the Sites and, unless otherwise
indicated, are not under Be The Change NZ’s control. No link appearing in the Sites and no external
sites linked to the Sites is endorsed by Be The Change NZ and no responsibility is taken for material in
them. You agree that by accessing any linked site you are doing so at your own risk and you agree to
fully indemnify Be The Change NZ against any liability arising out of your accessing any linked site.
Harmful Digital Communications Act - Safe Harbour Process
We follow the 'safe harbour' process in the Harmful Digital Complaints Act to protect ourselves from
other people's content, because new laws state that as an online content host, we may be legally
responsible for content on our site.
We support this Act because it aims to reduce the harm caused by cyberbullying and other forms of
harassment and intimidation. It provides a way for people to protect themselves from legal
responsibility for content other people post to their website, app or social media. It balances the need
for victims to have harmful content removed with the author’s right to free speech. The digital
complaints forms are available on the website www.bethechangenz.org.
PRIVACY POLICY
Your privacy is really important to us. This Privacy Policy details how we capture and use your personal
information across all of our Sites.
What information do we collect?
We may collect a range of personal, technical and general information, including:
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information you have provided to us, including on our Sites or when you have entered a
competition;
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information provided by other companies who have obtained your permission to share
information about you;
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records of any interactions you have on our site, or communications you may have with us
(including any information, uploads and comments you make about the shows, channels,
programmes, advertisements and services you use);
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details of when you visit, where you are and what you look at;
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computer information like your IP address, operating system and browser type.
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Information from cookies. How will we use your information? In addition to using your
information to provide you with content, products, services, tailored and personalised
recommendations, and general account management, and the management of traffic across
our network of Sites, we may also use your information in the following ways:
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for market research; to enable us to comply with any legal or regulatory requirements (under
the Privacy Act or otherwise); to protect or enforce our rights or the rights of any third party; in
the detection and prevention of fraud and other crimes;
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we use your information (together with other user data) to look at website traffic, analyse
trends and to help us understand how the Sites are working.
Unless you’ve asked us not to:
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To send you periodic newsletters and other information about content, products and services
you have chosen or are entitled to receive.
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To send you direct marketing. This may include communications by post, telephone or email,
about us and our business partners’ content, products and services, events and special offers.
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To provide you with more relevant tailored advertising. We use the information we hold about
you, to make some of the adverts you see more relevant.
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To provide you with advertising and information about the products and services of carefully
selected third party business partners. How do we disclose your personal information? If you
have opted in, we may share some of your information with carefully selected advertiser
partners. But (unless you have opted in to third party communications) we only ever provide
your personal information to independent third parties, to enable us to provide content and
services to you. And we'll only share your information in specific circumstances, like these:
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If we need a third party service provider to send out our communications to you.
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Sometimes we may use authorised companies to help us provide personalised services to you.
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To comply with the law. Sometimes we may need to share information with third parties to
comply with the law.
Updating your preferences
You can update your preferences (what communications you have provided your permission to) by
clicking on the Unsubscribe link in any of our communications
COOKIES
Our Sites will place a cookie on the hard drive of your internet protocol device. A "cookie" is a file,
which allows us to track the interests of users. While we recommend that users enable cookies on
their browsers, the decision remains in the hands of the individual. (The management of cookies will
be different depending on each user's internet protocol device - refer to your browser help menu for
further information).
Use of Cookies
We use cookies for a number of reasons: 1) For statistical purposes to track how many individual
unique users we have and how often they visit our website. We collect data listing which of our pages
are most frequently visited and by which types of users and from which countries. 2) We use third
parties to collect anonymous user information including through the use of cookies (flash and nonflash) and web beacons. Visit http://www.nielsen.com/digitalprivacy#how to learn more information
about how we use a third party service to collect and use information on Be The Change NZ websites.
3) Both Be The Change NZ and third party advertisers will generate cookies to collect statistical data
such as whether a user has seen an advertisement and if so, how long ago, how many users have seen
an advertisement and how many users have seen it more than once. 4) Placing cookies on your
computer means we can serve you adverts that you might be more interested in, and allows us to
control the number of times you see them and measure how effective the ad campaign has been. This
helps us to keep the site free of charge. You can turn cookies off but if you do this you may not be able
to use as many services on our website and you might see more pop-ups and other intrusive
advertising, as we won't be able to limit what you see using cookies. You will however still be able to
view editorial content. By using this site you are agreeing to the use of cookies as described.
Use of Browser fingerprinting
We may use browser fingerprinting when a third party wishes to accurately track its advertising
conversion without using cookies. The technique uses the characteristics of your browser to uniquely
identify your computing device but not you as an individual, and hence it is not used to target
advertising at an individual. Browse fingerprinting cannot be controlled by user configured browser
settings in the same way as cookies. By using this Site you are agreeing to the use of browser
fingerprinting as described.
Personalised Advertising
Be The Change NZ currently delivers Online Behavioural Advertising (OBA). OBA allows us to deliver
targeted advertising to visitors to our website. OBA works by showing you adverts which are based on
the type of content you have been reading, and delivering adverts which we believe may be of interest
to you. As you browse Be The Change NZ websites one of the cookies we place on your computer will
be an advertising cookie so we can understand what sort of pages you're interested in. Some of our
partners prefer to use browser fingerprinting instead of cookies to uniquely identify your device to
improve the accuracy of their advertising billing. This information we collect about your computer
enables us to group you with other computers who have shown similar interests. We can then display
advertising to you which is based on these interests.
Behavioural retargeting is another form of OBA which enables us and some of our advertising partners
to show you ads based on your online reading away from Be The Change NZ websites. For example, if
you have visited the website of an online clothes shop you may start seeing ads from that same
shopping site displaying special offers or showing you the products that you were browsing. This is
allows companies to advertise to website visitors who leave their website without making a purchase.
We may also want to share behavioural data with other websites. This may mean that when you are
on other websites you are served advertising based on your behaviour on Be The Change NZ, and on
Be The Change NZ you may be served advertising based on your behaviour on other sites. Behavioural
retargeting is another form of OBA which enables us and some of our advertising partners to show
you ads based on your online reading away from Be The Change NZ. For example, if you have visited
the website of an online clothes shop you may start seeing ads from that same shopping site displaying
special offers or showing you the products that you were browsing. This is allows companies to
advertise to website visitors who leave their website without making a purchase.
If you want to opt out of receiving online behavioural advertising this does not mean that you will no
longer receive advertising when you are using this website. It just means that the advertising you see
will not be customised to you.
Opting out of cookies
Be The Change NZ uses Google DoubleClick technology and cookies to serve interest based advertising.
DoubleClick offers consumers the opportunity to select a persistent opt-out cookie to prevent
information from being uniquely associated with their browsers. This way, a user can opt out of
DoubleClick's cookies without erasing or altering other cookies associated with a browser.
To opt out of DoubleClick cookies, a user can go to https://www.google.com/settings/ads/onweb, and
click on the ‘Opt out’ button. The user can verify the opt-out process by checking that the
doubleclick.net cookie used in the browser reads "id=opt_out". This opt-out procedure must be
performed for all browser versions on all of the computers that an individual uses.

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