TERMS AND CONDITIONS


Eligibility

Burnsco Winter Snaps (the "Contest") is open only to residents of New Zealand who are 13 years or older. Employees of Burnsco and its officers, directors, successors and assigns as well as their immediate family (spouse, parents, siblings, and children) and household members, are not eligible to enter. The Contest is subject to New Zealand law.

Agreement to terms and conditions

By participating in the Contest, each entrant agrees to these terms and conditions, which are final and binding.

Entry period

The Contest will begin on 9 August 2019 and end on 23 August 2019 at noon. Entries that are submitted before or after the entry period will be disqualified.

Create and submit an Entry

To enter the Contest, each entrant shall submit their name, photo, caption and email address via email (an “Entry”). Each entrant consents to the commercial use by Burnsco of any photo uploaded for the Contest and gives Burnsco the rights to the original photo. In entering the Contest and agreeing to these terms and conditions, each entrant consents to the collection of personal information by Burnsco. Burnsco shall not share an entrant’s personal information with anyone.

Entrant's warranties and representations

By submitting an Entry, each entrant warrants and represents that the Entry (a) is original to the entrant, (b) does not infringe the intellectual property, privacy, publicity, or any other rights of any third party, and (c) does not violate any law or regulation.

Burnsco's rights to Entries

By submitting an Entry, each entrant agrees not to instigate, support, maintain, or authorise any action, claim, or lawsuit against Burnsco on the grounds that any use of the Entry infringes any of the entrant’s rights as creator of the Entry, including, without limitation, copyrights, trademark rights, and moral rights.

Selection of winner 

The winners will be determined at Burnsco’s discretion based on their favourite photo. Burnsco will announce the winners on Facebook and endeavour to notify the winner by email within seven (7) days of determination.

Requirements of potential winner

Except where prohibited, a potential winner may be required to sign and return an affidavit of eligibility and/or a liability/publicity release. Documents must be signed, notarised, and returned to Burnsco within 7 days of being notified. If a potential winner is a minor, his/her parent or legal guardian must sign the required documents on the entrant’s behalf. If a potential winner fails to sign and return the required documents within the required time period or is otherwise ineligible to receive the prize, an alternate entrant may be selected in his/her place in accordance with the number of votes achieved.

Prize

Each respective winner will get one of these prizes:

  • The 1st place winner will receive a Gill Hydrophobe Jacket RRP $229
  • The 2nd place winner will receive a $60 Burnsco gift voucher
  • The 3rd place winner will receive a $40 Burnsco gift voucher

The winner must pick up their Prize from their nearest store unless otherwise agreed upon. The Prize is not transferable or refundable and must be accepted as awarded. No cash or other substitution may be made, except by Burnsco, which reserves the right to substitute the Prize (or component thereof) with another prize (or component thereof) of equal or greater value if the Prize is not available for any reason as determined by Burnsco in its sole discretion. The winner is responsible for any and all other costs and expenses not listed above. The Prize may be reported as income to a winner and the winner will be responsible for all taxes associated with the receipt of the Prize.

Privacy and Publicity

Except where prohibited, participation in the Contest constitutes an entrant’s consent to Burnsco's use of his/her name, likeness, voice, opinions and biographical information for promotional purposes in any media without further payment or consideration.

General Conditions

If the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Burnsco may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these terms and conditions, or (b) award the Prize at random from among the eligible entries received up to the time of the impairment. Burnsco reserves the right in its sole discretion to disqualify any individual it considers to be tampering with the entry process or the operation of the Contest or to be acting in violation of these terms and conditions or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Burnsco reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Burnsco to enforce any provision of these terms and conditions shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorised account holder of the email address used to enter will be deemed to be the participant. The “authorised account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation responsible for assigning email addresses for the domain associated with the submitted email address.

Release and Limitation of Liability 

By participating in the Contest, each entrant agrees to release and hold harmless Burnsco, and its officers, directors, employees, and agents (the “Released Parties”), from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an entrant from submitting an entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury, death, or damage to any persons or property which may be caused, directly or indirectly, in whole or in part, from an entrant’s participation in the Contest or receipt of any prize. Each entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

Disputes

Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court in New Zealand. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions, entrant’s rights and obligations, or the rights and obligations of Burnsco in connection with the Contest, shall be governed by, and construed in accordance with, the laws of New Zealand.