1. This promotion (the "Win the ultimate sailing trip #6thmanETNZ") is brought to you by Emirates, a corporation established by Dubai Ruler's Decree No. 2 of 1985 (as amended) having its principal office at Emirates Group Headquarters, Airport Road, P.O. Box 686, Dubai, United Arab Emirates ("Emirates") and hosted via NZME (owned by APN Holdings NZ Limited) on the Website: www.nzherald.co.nz/#6thmanETNZ ("New Zealand Herald").
2. These terms and conditions together with the general terms and conditions that are applicable to your use of and access to the Website (together the "Terms") govern your use of the Website and set out the rules of participation in the Promotion. By entering the Promotion, you guarantee that you have the authority to accept these Terms and you agree to be bound by the Terms.
3. In the event of any dispute regarding the Terms, results and all other matters relating to the Promotion, Emirates' and NZME's decision will be final and binding and no correspondence or discussion will be entered into. The Promotion commences at 00.01 [NZ] on June 4 and closes at 23.59 [NZ] on June 18 ("Promotion Period").
4. Entry is only open to New Zealand residents, except employees (and such employees' immediate families) of NZME, Emirates Airline and agencies associated. On the date of entry, entrants must be at least 18 (eighteen) years of age and a legal resident of New Zealand in order to be eligible to enter the Promotion ("Qualifying Entrants").
Rules of Entry
5. The Promotion must be entered as per any instructions set out for the Promotion on the Website. All entries must be received via the Website no later than 23.59 [NZ time] on June 18, (the "Closing Date"). No entries will be accepted after the Closing Date. Emirates accept no responsibility for entries which are incomplete, illegible, lost or delayed in transit.
6. To register for the Promotion, Qualifying Entrants must, during the Promotion Period, visit www.nzherald.co.nz/#6thmanETNZ and answer the relevant questions relating to this Promotion. Correct answers will entitle the Qualifying Entrant to 1 (one) entry into the prize draw. There is a limit of one entry per person.
7. Applications to participate in the Promotion can only be made via the Website. All Applications are subject to acceptance by NZME and Emirates. The Entrant agrees that Emirates or NZME shall not be liable as a result of any refusal or failure to accept an application and no compensation shall be payable to any person in consequence of such action.
8. Any Entrant, who fails to abide by any of these Terms or fails to meet the entry criteria set out in these Terms, may be disqualified at the sole discretion of the Emirates and NZME.
9. 1 (one) entry shall be drawn at random from all eligible entries validly submitted ("Winner"). The Draw will take place on June 20, 2016 at NZME. The decision by NZME as to the Winner shall be final. Emirates may withdraw the Promotion at their discretion.
10. The Winner will be notified by either NZME or Emirates, via email and/or telephone within 7 (seven) working days of the draw using the contact details provided at the time of entering the Promotion.
The Major Prize
11. The Winner and 1 (one) guest will receive:
- 2 (two) VIP vessel passes for Portsmouth, UK Regatta of the Louis Vuitton America's Cup World Series on 22-24 July, 2016; (the "Tickets");
- 2 (two) return Business Class tickets on Emirates flights from New Zealand to Gatwick, UK for the Winner and 1 (one) guest; including applicable ticket taxes
- 4 (four) nights' hotel accommodation in Portsmouth, UK;
- Return transfer from airport to Hotel (Portsmouth) and from Hotel (Portsmouth) to airport
- 2 (two) polo shirts and 2 (two) caps of official Emirates Team New Zealand merchandise;
collectively referred to as the "Prize").
12. There will be 5 (five) runner-up prizes for the promotion, each of which include the following items;
- 1 (one) Emirates Team New Zealand cap
- 1 (one) Emirates Team New Zealand bag
- 1 (one) Emirates Team New Zealand polo shirt
- 1 (one) signed Emirates Team New Zealand merchandise item
13. The Prize includes nothing other than that expressly stated to be included as part of the Prize. Proof of age may be required before the Prize can be given. Emirates reserves the right to substitute the prize for another prize of equal or greater value, should the need reasonably arise. The Winner and where applicable their guest will be responsible for all other costs and expenses associated with redeeming the Prize including but not limited to travel insurance, airfares, food, accommodation transfers (other than as provided for under these Terms) and any other ancillary costs associated with redemption of the Prize.
14. The choice of hotel accommodation provided will be at Emirates' sole discretion and is based on 2 (two) persons sharing 1 (one) double room on a room only basis including applicable room tax. Emirates reserve the right to amend the hotel accommodation at any time.
15. Flight tickets are valid on Emirates only and are non-extendable, non-transferable, non-re-routable, non-endorsable and non en-cashable and shall at all times be subject to availability and Emirates Conditions of Carriage and applicable ticket conditions as set out on the Emirates website. The Winner and where applicable their guest must travel together on the same dates / sectors on both outward and return journeys. If a Winner or where applicable the guest is unable to utilize the flights no cash alternative will be provided. All travel documentation and visas must be up to date and are the responsibility of the Winner and where applicable the guest. Emirates may at any time prior to boarding refuse to carry you if, in the exercise of its reasonable discretion, Emirates decides or establishes that your conduct, age or mental or physical state including your impairment from alcohol or drugs, is such as to require special assistance, cause discomfort or make yourself objectionable to other passengers or involve any hazard or risk to yourself or to other persons or to property. Except where otherwise required by applicable law, acceptance for carriage of incapacitated persons, pregnant women, persons with illness, or other people requiring special assistance, is subject to prior arrangement with us. Passengers with disabilities who have advised us of their disability and any special requirements they may have at the time of booking, and been accepted by us, shall not subsequently be refused carriage because of such disability or special requirements. Subject to applicable law, should you require special assistance or request us to supply equipment or facilities (such as oxygen) we will be entitled to charge you for the provision of such assistance, equipment or facilities. Flight tickets do not include access to the Emirates Lounges. Skywards Miles are not accruable on the flights.
16. Nothing in this Agreement requires Emirates to provide transportation to any person except in accordance with:
- Emirates' General Conditions of Carriage for Passengers and Baggage and travel documents, including airline tickets and airway bills, issued by Emirates;
- Emirates' Schedule of Operations in place from time to time; and
- the relevant immigration rules applicable to any ticket holder.
17. Except in accordance with and subject to the limitations set out in the Warsaw Convention 1929 (as amended by The Hague Protocol 1955), the Montreal Convention 1999, and its travel documents (including but not limited to airline tickets and airway bills), Emirates nor NZME accepts no liability to any person for any liabilities, losses, claims, demands, costs or expenses arising directly or indirectly from the utilisation of tickets provided pursuant to the Promotion.
18. Tickets shall be subject to the applicable terms and conditions which apply to the possession and use of the tickets. Tickets are non-transferable except as set out in the ticket conditions and cannot be sold, encashed or given away in any circumstances. Tickets cannot be used for commercial or promotional purposes.
19. In the event that a Winner cannot be contacted; fails to confirm acceptance of the Prize within 5 (five) working days of receiving notification; or is ineligible for entry into the Promotion, Emirates reserves the right to substitute them with another Qualifying Entrant of its choice.
20. The Prize is non-transferable, subject to availability and there is no cash alternative.
21. The value of the Prize shall be based on applicable market fares at the point of origin on the date of issue of the Tickets and may be disclosed by Emirates where required by law for tax purposes. The Winner is solely liable for reporting and paying any and all applicable taxes including but not limited to, personal tax, service tax and other entertainment tax due as a result of winning the Prize and Emirates accepts no responsibility for any tax implications arising as a result of the Prize.
23. NZME collects and use the Qualifying Entrant's personal information (the "Data") in order to conduct the Promotion and NZME and Emirates may, for this purpose, disclose or transmit such information to third parties rendering services in relation to the Promotion.
24. In processing the Data NZME and Emirates may transfer it to countries which may not afford the same level of data protection as your country of residence. However, in all cases, NZME and Emirates undertakes to collect, process, store, save and transfer the Data in compliance with relevant data protection legislation in force from time to time. By entering the Promotion and providing the Data the Qualifying Entrant authorises NZME and Emirates to collect and process the Data in this manner.
25. In consenting to receive future communication from NZME and Emirates, the Qualifying Entrant authorises NZME and Emirates to retain and use the Data for any direct marketing, which may involve sharing the Data with NZME or Emirates' offices, authorised agents, related companies and/or brands, anyone to whom NZME or Emirates transfers their rights and duties, third party companies offering related services (including, for example, car rental, hotels, limousines, transfers, ancillary services), governments and government agencies, credit card and other payment card companies, and other airlines or providers of such related services.
26. Emirates, and NZME, will not be liable to perform any of its obligations under these Terms where it is unable to do so as a result of circumstances beyond its reasonable control including but not limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots or any other circumstances amounting to force majeure. Emirates, and NZME, accept no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
27. Emirates and NZME accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by the Winner or where applicable the guest as a result of entering or participating in the Promotion or accepting the Prize. This exclusion does not include any liability for death or personal injury caused solely by the negligence of Emirates.
28. Participants enter the Promotion at their own risk and agree to indemnify Emirates against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors' fees) and any claim arising from a participant's own actions in any way in connection with the Promotion or a breach of a participant's obligations hereunder.
29. Participation in the Promotion does not confer on the entrant any rights in or over any intellectual property arising in connection with the Promotion. Any Terms which are held to be invalid in any jurisdiction shall whenever allowed by the context be deemed to be replaced by such valid and enforceable terms and conditions whose contents are as close as permissible to those of the invalid or unenforceable Terms. Emirates and NZME reserve the right to modify or vary the Promotion and/or these Terms at any time.
30. These Terms shall be governed by and construed in accordance with laws of Dubai, and as applicable the UAE, and the Dubai courts shall have exclusive jurisdiction in relation to any disputes arising.
31. In accepting and participating in the Promotion and winning the Prize, the Winner agrees to participate and co-operate as required in all editorial and promotional activities (including, but not limited to, print, video, images, voice etc) relating to the Competition and the Prize, including but not limited to being interviewed and photographed. The Winner (and their travel companion) agree to granting the Promoter a perpetual and non-exclusive license to use such content in all media and the Winner (and their companion) will not be entitled to any fee for such use