TERMS AND CONDITIONS
Last updated: 25 June 2017
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with https://kiwifootball.co.nz website (the “Service”) operated by Aotearoa Football Media (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Aotearoa Football Media and its licensors. The Service is protected by copyright, trademark, and other laws of both the New Zealand and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Aotearoa Football Media.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Aotearoa Football Media.
Aotearoa Football Media has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Aotearoa Football Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may send an email to firstname.lastname@example.org requesting your account to be deleted and then discontinue using the Service.
Limitation Of Liability
In no event shall Aotearoa Football Media, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
The Competition details and these competition rules
1) What is the prize? The weekly winner will receive an NZ$ 30.00 voucher from a Sport Store.
2) Conditions of Entry: To enter the competition, you must do (or be) all of the following:
• By entering the competition, you agree to the Rules. If you don’t agree with them, please don’t enter.
• Enter on the online entry form via kiwifootball.co.nz by completing the form and uploading one or more videos of you scoring or saving a goal.
• Be a New Zealand resident.
• Be between 10 to 20 years old.
• If you are under 16, your parents or guardians will have to agree to these terms and conditions and enter on your behalf.
IMPORTANT: By entering this campaign and uploading your video you:
• Agree that Kiwi Football will broadcast and may publish as they see fit, your uploaded video (or any part of it);
• Confirm that you own the intellectual property rights in the video or have permission from the person who owns the intellectual property rights in this video to use this video in connection with these terms and conditions; and
• Confirm that you have permission from anyone else featured in your video (and if anyone is under age 16, them their parents or guardian’s permission) to use their recording (or any part of it) in connection with the competition.
You acknowledge that Kiwi Football is not liable in connection with the usage/publication of your video, and you agree to indemnify Kiwi Football for any claims associated with the usage/publication of the same.
3) Winning prize: If your video is chosen by Kiwi Football, the video, or any part thereof, will be part of weekly webcast broadcasting on Kiwi Football show. Your video will contest with others and the public will choose the winner. The winner will receive a prize of NZ $30.00 dollars voucher from a Sport Store.
4) Choosing the weekly contests: Uploaded videos will be analyzed by Kiwi Football, at its sole and absolute discretion. Kiwi Football will choose the videos that will be part of the weekly webcast broadcasting show. Kiwi Football will contact you by email if your video has been chosen a week before the program goes on air.
Your video will be in our pool for a period of a year.
5) Standard terms for entrants:
• By entering the competition, you agree to the Rules. If you don’t agree with them, please don’t enter.
• Kiwi Football can cancel or change the competition or any of the Rules at any time for any reason. Changes will take effect when they are posted in the Rules.
• Kiwi Football has the final say on the competition and the Rules.
• You can enter more than once if you would like.
• You can upload how many videos that you want.
• We can disqualify you if we think that you have breached any of the Rules. But we are nice, so we will be fair about it.
• You (over 16 years old) agree we can keep your entry, and use it however we want (including to promote Kiwi Football, the webcast show, and the competition) including publishing it on newspaper, magazines, flyer, TV, Facebook, Tweeter, YouTube or any social media pages. This includes the recording (or any parts of it).
• For children under 16 years old, we are not going to use the video or part of it, to promote the Kiwi Football. The uploaded videos for under 16 years old will be shown only in the Kiwi Football Show.
• The uploaded videos from children under 16 years old will be used exclusively in the Kiwi Football Show the webcast show. That videos or part of it will not be used to promote the Kiwi Football in any social media.
• You agree that we can publish your name, location, and entry in connection with the competition. You also agree to particulate in publicity for this promotion including that we can take photos and videos of you to use for publicity purposes.
• We won’t be responsible for any loss or damage suffered by you or anyone else in connection with the competition. If the competition is being run through Facebook, you agree that they won’t have any responsibility either.
• Sometimes things don’t go as planned. If our competition is derailed for any reason, like an infection by computer virus, tampering, unauthorized intervention, fraud, technical failures or zombie apocalypse, we’ll have the right to cancel, postpone or change the competition.
• By agreeing in the tick box to hear from Kiwi Football, you consent to receive commercial electronic messages, marketing, and promotions. You may unsubscribe at any time to receiving such messages by following the unsubscribe process specified in any such electronic message that you receive. (Kiwi football will send information to them? We have to have the option on the site that they can unsubscribe)
• Kiwi Football respects privacy rights under the Privacy Act 1993. That means there are a bunch of rules that we stick to, particularly around
collecting your personal information.
• These Rules and the competition will be run under NZ law.
7) Standard terms for winners:
• If we cannot get hold of you, we will have to select another winner. So make sure you check your email and keep your phone handy!
• Unfortunately, prizes can’t be traded in for cash. Unless of course, they are cash prizes. Then you’ll get cash.
• Prizes are personal to the winners and cannot be transferred to someone else unless we agree. If you cannot accept the prize for any reason, we can award the prize to another winner.
• If you are disqualified for any breach of these Rules (e.g. we find out you don’t match the eligibility criteria), we will choose another winner.
• It doesn’t happen often, but sometimes we need to change a prize. If we do this, we’ll swap it out for something which is worth the same (or even more!).
• If we ask, you agree to appear in a promo (for free) for Kiwi Football
• Sometimes there can be tax implications with winning a prize. We would not want there to be any surprises for you, so suggest you talk to someone about this before you accept the prize.
If you have any questions about these Terms, please contact us.