The promoter is Big Splash Limited, Company Number 1185532 of 12 Liverpool St, Auckland ("Promoter").
Participation in the Promotion is deemed acceptance of these terms and conditions ("Terms"). Information on how to register for the Promotion forms part of the Terms. This promotion is not valid with any other offer or promotion.
The promotional offer is a ("Free Trial") of the Big Splash service and is valued at $368+gst.
The Promoter's decision in relation to any aspect of these Terms and the Promotion is final and binding on every person who enters (including those entries that are deemed ineligible for any reason). No correspondence will be entered into.
All amounts described in these Terms are expressed in NZD. All spend calculations are calculated on a GST exclusive basis. All calculations will be rounded up to the nearest dollar.
The Promotion commences 15/11/2017 and ends at 11:59pm local time on 15/2/2018 ("Promotional Period").
Participation in this Promotion is open to sole traders and companies ("Eligible Company(s)") who:
Registrations must be received by the Promoter by 5pm on 15/2/2018. Registrations received before the Promotional Period or after 15/2/2018 will be ineligible. The Promoter is not responsible for any registrations that are not received during the Promotion Period and the Promoter does not warrant that the entry mechanism will be available at all times during the Promotion Period.
The following are not eligible to participate in the Promotion.
Once an Eligible Company has registered for the Promotion, the Promoter will contact them directly within 24 business hours, via phone or email address provided on the online registration form at bigsplash.co.nz/freetrial.
Every effort will be made to contact Eligible Companies. In the event that contact by a Big Splash representative hasn't occurred within 24 hours, the Company should contact the Promoter directly on +64 09 308 7994.
The Promoter will honour the offer for a period of 60 days from the conclusion of promo period for Eligible Companies with a promo code.
All Eligible Companies will be required to sign the Big Splash Terms of Trade prior to redemption of the free trial.
To participate in this Promotion, Eligible Companies must complete the following steps during the Promotional Period:
Registrations must be made on behalf of the Eligible Company by an authorised representative of the Eligible Company, who has authority to make purchases for the Eligible Company. Big Splash Terms of Trade must be signed by an authorised representative of the Eligible Company prior to redemption of the offer.
The Promotional offer for Eligible Companies who register, is a free trial of the Big Splash service that includes the following:
No variation to the media included in the Promotion is allowed. If extra media or branding upgrades are required, these can be purchased as an addition to the Promotion.
The Promoter reserves the right to cancel, terminate, modify or suspend the Promotion, or suspend or modify the Free Trial without notice, for any reason.
If for any reason a registered Eligible Company does not take, activate or redeem a Free trial (or part of a Free trial) within the time stipulated by the Promoter, then the Free trial (or any remaining part of a Free trial) will be forfeited.
Free trials, or any unused portion of a Free trial, are not transferable or exchangeable and cannot be taken as cash.
The Promoter reserves the right, at any time, to verify the validity of claims and Eligible Companies (including their identity, registered business address and employment) and reserves the right, in its sole discretion, to disqualify any individual or business who the Promoter has reason to believe has breached any of these Terms, tampered with the claim process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
As a condition of entering the Promotion, registered Eligible Companies consent to the Promoter using their name, likeness, image and/or voice in the event they receive a Free trial (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products distributed and/or supplied by the Promoter.
If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any registered Eligible Company; or (b) to modify, suspend, terminate or cancel the Promotion or Free trial, as appropriate.
The Promoter is not liable for any tax or additional cost incurred by the Eligible Company arising out of participation in this Promotion (including acceptance of a Free trial). Participating Eligible Companies should seek independent financial advice in this regard.
The Eligible Company warrants and represents that they are acquiring the right to use services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the services or these Terms. In particular, the parties acknowledge and agree for the purposes of section 43 of the Consumer Guarantees Act 1993 ("CGA") and section 5D of the Fair Trading Act 1986 ("FTA") that: pursuant to this Agreement goods and/or services are being supplied and acquired in trade, they are all in trade, they are contracting out of the provisions of the CGA and sections 9, 12A, 13 and 14(1) of the FTA.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any claim or Free trial claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Free trial value to that stated in these Terms; (e) any tax liability incurred by an Eligible Company; or (f) use of or failure to use a Free trial within time or at all.
As a condition of accepting a Free Trial, each registered Eligible Company must sign any legal documentation as and in the form required by the Promoter and/or Free trial suppliers in their absolute discretion, including but not limited to Terms of Trade.
The Promoter reserves the right to not accept advertising that conflicts with Human Rights and Equal Opportunity guidelines.