Terms and Conditions – Air Swimmer

1. Information on how to enter and the prize, form part of the terms and conditions of entry (‘Terms and Conditions’). By entering this competition the entrant agrees to be bound by the Terms and Conditions. Any entry which does not comply with the Terms and Conditions will be ineligible for entry.
 

2. This competition is an advertisement promotion.  The promoter of this competition is Social Fabric Limited (‘Promoter’), 58 Surrey Crescent, Grey Lynn, Auckland.  
 

3. Entry into this competition is only open to New Zealand residents.
 

4. The employees, agents and contractors of the Promoter, any of its affiliates, parent or subsidiary companies are not eligible to enter the Competition.  Direct family members of any person aforementioned are not eligible to enter.
 

5. To enter this competition, entrants must go online to the specified competition website and provide their name, email address and postal address and answer the competition question.  
 

6. There is no limit to the number of entries an individual can submit.
 

7. The competition commences at 4.00pm on 9/12/11 and closes at 11.59 pm on 8/01/12. The draw date will be 9/01/12 (‘Promotional Period’). Entries received after the closing dates and time will not be eligible.
 

8. The Promoter takes no responsibility for any lost, undelivered, incorrectly delivered, late or ineligible entries. The Promoter is not responsible for any incorrect or inaccurate information or technical error or any combination of the same that may occur in the course of, or as a result of, an entrant participating in this competition, including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to, or alteration of, any entry. Incomplete and incomprehensible entries and entries with defamatory content or incorrect contact details are not eligible to win.
 

9. This competition is a game of luck and winners will be randomly selected by a representative of the Promoter.  The prize winner(s) will be drawn and will be notified by email on 9/01/12. If the Promoter is unable to contact a specific winner(s) by email, or does not receive a response from the winner(s) within 5 days of notification of winning, the winner(s) will forfeit their prize and the Promoter shall be entitled to select a new prize winner(s) at its discretion.  The Promoter’s decision is final and no negotiation will be entered into.  
 

The prize is as follows:
•    One Air Swimmer.  Entrants must nominate as part of their entry, if they want either the Shark or the Clownfish.   There are 6 Air Swimmers in total within the competition (three Shark and three Clownfish).   RRP $99.99 each.  
 

10. The prize may be subject to availability. If for any reason the prize to be awarded becomes unavailable, the Promoter reserves the right to substitute another prize of a similar value. The prize is non-transferable and cannot be exchanged for cash.
 

11. The Promoter may require any person collecting or receiving a prize to show photograph identification and/or sign a deed declaring that they have collected or received the prize before the prize is released.  The Promoter may require any person collecting a prize to sign a copy of these Terms and Conditions.
 

12. By entering, entrants agree to receive promotional information from the Promoter and its associated clients, companies and agencies. The Promoter may use personal information submitted by entrants in conjunction with publicity related to this competition.
 

13. If for any reason this competition is not capable of proceeding as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the competition.
 

14. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter believes has or is attempting to, tamper or interfere with the entry process.
 

15. The Promoter reserves the right to modify these Terms and Conditions and to suspend or discontinue the competition at any time, and without notice.
 

16. The Promoter collects your information so that you can participate in this competition.  If you do not provide the information, you cannot participate. The Promoter may use this information to conduct this competition. It may disclose this information to third parties at its own discretion and without notice. You consent to the Promoter using and disclosing your personal information. For such purposes any personal details of the entrants will be stored at the office of the Promoter and you may gain access, update or correct your information by contacting the Promoter on (09) 376 1999.
 

17. All information and material submitted as part of the competition entry will become the property of the Promoter.  The Promoter may reproduce, publish, adapt, communicate, cause to be seen and/or heard in public or otherwise use any such material throughout the world in perpetuity and without needing to provide additional compensation.  Any information and/or material provided to the Promoter by an entrant as part of an entry to this competition will not be returned to entrant.  Entrants are advised to not send original material.
 

18. To the extent permitted by law, the Promoter, its related affiliates, companies, agencies and assigns associated with this competition, shall not be liable for:
a) any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of entry, participation or use of the prize in this competition, except for any liability which cannot be excluded by law; or
b) the non-receipt of the prize for any reason whatsoever; or
c) any issues arising during the course of the promotion.