FULL TERMS AND CONDITIONS FOR THE SMIRNOFF EMOJITAIL PROMOTION
Information on how to enter the Facebook Smirnoff Emojitail Promotion (“Promotion”) and prizes form part of these terms and conditions (“Terms and Conditions”). By participating, entrants agree to be bound by these Terms and Conditions.
The promoter is Lion, 27 Napier Street, Freemans Bay, Auckland 1011 (the “Promoter”).
The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to the Promoter and not to Facebook. FACEBOOK is a trademark of Facebook, Inc.
Entrants will direct any questions, comments or complaints regarding the Promotion to the Promoter, and not to Facebook. Any questions can be directed to Hannah.Webb@lionco.com.
Subject to clause 6, entry is open to anyone who, as at the time of entry, is:
a New Zealand resident;
18 years of age or older; and
living in New Zealand.
Employees of the Promoter and any agency associated with the Promotion, and the immediate families of such employees, are ineligible to enter.
Promotion entry dates
The Promotion commences on Friday 3 February 2017 and ends on Monday 10th April 2017 (“Promotion Period”).
There are fifty (50) cocktail kit prize packs to be won as part of the Promotion.
Entry into the draw to win the cocktail kits prizes opens on Friday 3 February 2017 at 11:59pm and closes at 11:59pm on Monday 10th April 2017 at 11:59pm.
The cocktail prize kits are valued at approximately $100 and includes:
Branded shaker, jig and strainer
Emojitail recipe cards
Other cocktail ingredients
To enter the draw to win the cocktail kits:
visit the Smirnoff Emojitail site during the Promotion Period (to enter the draw for the Emojitail prize package you need to enter before Monday 10th April 2017);
make your emojitail by selecting 2 x Emoji’s by clicking on the choices in the App;
click ‘Mix it up’ to make your cocktail
click ‘Enter & Win’
enter your contact details; and
share your Emojitail on Facebook
There is no limit on the number of entries per person.
Entrants are not permitted to “share” their Smirnoff Emojitail on Facebook with persons under 18 years of age, including “sharing” their Smirnoff Emojitail on the Facebook wall of any person who is under 18 years of age, or tagging any person who is under 18 years of age in a shared post. Entrants who “share” their Smirnoff Emojitail with persons under 18 years of age will be disqualified from the Promotion at the Promoter’s sole discretion.
The Promoter will select the winners by random draw from all eligible entries submitted during the Entry Period (“Winners”).
The draw for the cocktail kits will take place on Monday the 20th February, Monday 27th February, Monday 6th March, Monday 13th March and Monday 10th April. The first ten (10) valid entries drawn on each of those dates will receive the cocktail kit Prize Package.
The Winners will be notified by email within two (4) working days of the relevant draw. If a Winner is unable to be notified within five (5) working days of the relevant draw, or cannot be verified, or is found to have breached any of these Terms and Conditions, or is otherwise unable to accept his/her status as a Winner, his/her selection as a Winner may be forfeited and an alternative winner may be selected in the Promoter’s sole discretion. No compensation will be awarded to the forfeiter.
The Promoter’s decision is final and binding – no correspondence will be entered into.
You agree that you are fully responsible for any materials that you submit in relation to the Promotion, including comments or materials that you submit on Facebook in relation to sharing the Promotion, (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. You warrant and agree that:
you will not “share” any materials related to the Promotion with persons under 18 years of age on Facebook or any other social media platform;
you will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights;
you will not submit any Content that is defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
you will not submit any Content that contains or refers to any third party branded food or beverage products other than Smirnoff;
you will not submit any Content that contains or references any third party names, logos and/or trademarks;
you will not submit any Content that infringes the intellectual property rights of any third party, including but not limited to the use of images which are subject to copyright, unless you are the copyright owner or have the required permission from the copyright owner;
you will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;
your Content shall not contain viruses or cause injury or harm to any person or entity; and
you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, you indemnify the Promoter for any breach of the above terms.
If you have submitted prohibited Content as determined by the Promoter in its sole discretion, your entry will be disqualified. The Promoter makes the final determination as to which entries are eligible to take part in the Promotion and no correspondence will be entered into.
The Promoter collects certain contact information from you when you enter the Promotion, including your name and email address. Entry into the Promotion is conditional on you providing the above information.
Your information will be collected and used for the purposes of conducting this Promotion and for publicity purposes surrounding this Promotion (including for processing and verifying entries, allocating additional entries to entrants who share the Promotion, communicating with entrants and winners, and arranging the prizes). The Promoter may disclose your information to third parties for these purposes. By entering this Promotion, you consent to the use of your information as described.
The Promoter will only use your information for purposes outside those described above if you have opted in to receiving additional promotional communications from Smirnoff at the point of entry by ticking the box. By ticking the box entrants consent to the Promoter using their information for additional promotional, marketing, publicity, research and profiling purposes relating to the Smirnoff brand, including for sending electronic messages and product samples to the entrant.
Prizes are not transferable and not redeemable for cash. In the event that a prize (or part of a prize) is not available for reasons beyond the Promoter’s control, the Promoter may substitute a prize (in whole or in part) with a prize of equal or greater value.
Prizes are subject to the terms and conditions of the ticketing agents and other third party organisers and service providers. The Promoter and its related bodies corporate are not responsible or liable for any direct or indirect loss suffered by any entrant as a direct or indirect result of the conduct of these third party organisers and service providers.
Host responsibility rules apply. The Promoter reserves the right to refuse entry to any person, or to refuse to allow any person to partake in any part of any prize, if he/she is too intoxicated in the Promoter’s sole discretion.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and place of residence) and to disqualify any entry or entrant where the Promoter reasonably suspects that the entrant is not over 18 years old, or that the entrant has breached these Terms and Conditions, or that the entrant has tampered with the entry process.
The Promoter accepts no responsibility for late or misdirected entries. The Promoter accepts no responsibility for any failure to receive an entry as a direct or indirect result of a technical problem of any kind or any traffic congestion on the Internet or any website. Entries are deemed to be received at the time of receipt into the competition database, not at the time of transmission by the entrant. Errors and omissions will be accepted at the Promoter's discretion.
Participants must comply with all requirements of the Promoter including requirements specified in the Terms and Conditions. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant invalid if the entrant:
fails to establish their entitlement to enter the Promotion to the Promoter's satisfaction;
tampers with or benefits from any tampering with the entry process or the operation of the Promotion;
submits an entry which in the Promoter's opinion is not in accordance with these Terms and Conditions;
acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person; or
In the opinion of Promoter, engages in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter.
Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence) for claims, losses (including loss of opportunity), damages, injuries, costs and/or expenses, whether direct, indirect, special or consequential, suffered, sustained or incurred as a result of, or arising in any way out of, or in any way connected with, the Promotion or any prize.
All entrants release and indemnify Facebook from any and all direct or indirect loss or injury suffered by Facebook and arising in connection with the Promotion or any prize.
If for any reason any aspect of the Promotion is not capable of running as planned, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, at any time without prior notice. Where it is practical for it to do so, the Promoter will notify entrants of such changes.