General

Please read these Fonterra Brands (New Zealand) Ltd (“Fonterra”, “us”, “we”, or “our”) website (“Site”) terms and conditions (“Terms”). Fonterra may vary these Terms at any time. Using the Site after the Terms have changed means you accept the changed Terms. If you agree to be bound by these Terms you may use the Site, otherwise you should not.

The current version of the Terms will be maintained on the Site. This Site is operated and controlled from Fonterra’s offices in New Zealand. If you use this Site from outside New Zealand, you are responsible for complying with any applicable laws. These Terms will be interpreted in accordance with, and governed by, the laws of New Zealand.

You may not create a link from any other website to any part of this Site, other than the homepage, without our express consent. If you link to this Site it is at your own risk.

Intellectual property

All intellectual property rights (including, without limitation, copyright and trade mark rights) in all materials displayed or available on this Site belong to Fonterra unless otherwise stated. If the owner of any material published on this Site is not Fonterra, your rights in respect of that material will be as defined by the copyright owner of the material concerned.

Unless otherwise stated, you are permitted to copy text published by Fonterra on this Site for your own non-commercial use only, provided you retain and display any copyright notice applying to the material. Individual items may have more specific terms and conditions associated with them, in which case those terms and conditions will apply to that item in place of this general permission.

Except as set out above, all rights to the Site (including rights in text, graphics, selection, arrangement and overall website design) are reserved and no right or licence is granted or implied under any copyright, patent, trade mark or other intellectual property right of Fonterra or any other party as a consequence of the publication of any material on this Site. No material from this Site (except for media releases published in the News Archive) may be reproduced, adapted or distributed, in whole or in part, or on any media without written permission (which includes email) from Fonterra.

Disclaimer

Fonterra endeavours to ensure that the information on this Site is accurate and current, but does not accept liability for any error or omission.

All warranties, whether express or implied, as to the accuracy or completeness of the information contained on this Site or in respect of any products or materials referred to on this Site are excluded to the fullest extent permitted by law.

Links on this Site may lead to other websites and some information on this Site may be provided by third parties. Fonterra accepts no responsibility for the currency or accuracy of such information. You should verify such information with those third parties directly.

While we try very hard to keep information and materials on the Site secure and confidential, we are not responsible for any breach of security which is out of our control. We do not warrant that the Site is completely secure.

Use of information supplied by you

All product or advertising suggestions or ideas, or other information communicated to Fonterra through this Site shall be treated as non-confidential and non-proprietary to you. All such information will become the exclusive property of Fonterra for any purpose whatsoever, commercial or otherwise, without notice or compensation to you.

Consumer Guarantees Act

If you are a business using this Site, then you agree that the provisions of the New Zealand Consumer Guarantees Act 1993 will not apply to your use of the Site or your reliance on the Site.

Fonterra's liability

In no event will Fonterra be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise for any:

  • damages (direct, incidental, special, consequential, indirect or punitive) of any nature whatsoever; increased costs or expenses; or
  • loss of profit, business, contracts, revenues or anticipated savings, arising out of or in connection with your use of (or inability to use) this Site, any linked website, or any material contained on them.

You agree that if we are held responsible for any damage or loss, Fonterra’s total liability to you for all damages, losses, and causes of action (whether in tort, including but not limited to negligence, contract, or otherwise) will not exceed the amount paid by you, if any, for accessing this Site.

Privacy policy

At Fonterra we take your privacy seriously. This Privacy Policy sets out generally how we may gather, use, disclose and manage personal information via this Site. Like many other organisations, Fonterra must comply with privacy legislation when dealing with personal information. We respect your privacy and comply with the Privacy Act 1993. You are entitled to access the personal information we hold about you, and request that we amend it if it is incorrect. Personal information means information or opinions about an individual whose identity is apparent or can reasonably be ascertained from the information.

Collection

During the course of dealing with you, Fonterra may generally collect basic personal information about you, such as your name, address and contact details. We may also request other specific information from you relating to the goods or services that you wish to obtain. We may use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post, email, telephone, or text message. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.

Use and disclosure

Fonterra will hold and use any personal information collected for the purposes set out in this Privacy Policy, for any purpose disclosed at the time of collection or for related purposes. Generally we will only use or disclose your personal information as follows: To provide the product or service you have requested or to answer your inquiry; To third parties where we have retained those third parties to assist us to provide the products or services you have requested. For example, we have contracts with third parties to assist us with functions such as mail-outs; To different entities within Fonterra, to enable the development and marketing of other products and services and to improve our customer service in general; For direct marketing of products or services. If we contact you in this way without obtaining your prior consent, we will provide you with the opportunity to decline any further marketing communications; or As set out expressly in these Terms; Where otherwise legally permitted.

Registration promotion

The Registration Promotion (the Promotion) will be conducted by Fonterra Brands (New Zealand) Limited, Fanshawe Street, Auckland (the Promoter). It is open to residents of New Zealand only who are over the age of 18. Participation in the promotion constitutes entrants’ full and unconditional agreement to, and acceptance of, these terms and conditions, which are final and binding. Winning the prize is contingent upon being compliant with these terms and conditions and fulfilling all other requirements set forth herein. The Promotion begins on Tuesday 14 June 2016 at and ends on 31 July 2016 at 11.59 pm (the promotion period). Registrations that are submitted before or after the promotion period will be disqualified. Submissions will be accepted for the duration of the promotion period through the Fonterra Foodservices New Zealand website. If there is any inconsistency between these specific terms and the general terms, the specific terms shall prevail.

How to enter

In order to take part in the Promotion, entrants must:

  • Register with Fonterra Foodservice (at fonterrafoodservice.co.nz) during the promotion period by completing all required fields regarding contact information on the registration form

  • Agree to the promotion terms and conditions

  • All entries become the property of the Promoter and will not be acknowledged or returned.

  • Users can only enter once per email address.

The Promoter will select the winning entry from amongst the eligible registrations. The Promoter’s decision shall be final and no deliberations will be entered into. By submitting entries into the Promotion, entrants confirm their registrations comply with the following conditions:

The Promoter has the right to reject any messages that do not comply with the above conditions or that may harm the image of any brands of the Fonterra group of companies or the brands of its associated sponsors, or that discriminate on grounds of race, sex, religion, opinion or any other personal or social condition or circumstances.

Each entrant grants the Promoter, a non-exclusive, royalty-free, worldwide licence without charge to use, reproduce, amend, publish and display any or all of their entry, including photos, in any of the Promoter’s media or distributions methods without limitation, including the Promoter’s website, during or after the Promotion Period. Entrants agree to waive all moral rights in relation to their registration according to the provisions of the Copyright Act 1994 and agree to provide all relevant assistance to the Promoter in order to perfect such waiver.

Registrations must not feature any obscene, sexually explicit, violent, offensive, incendiary or defamatory content or material. Each entrant warrants to the Promoter that a registration submitted does not infringe the rights of any third party, including but not limited to, copyright, trademarks, trade secrets, privacy, publicity, personal, confidentiality or proprietary rights

Prize

One prize winner will be drawn. The winner will receive $1,000 worth of advertising on specified Bauer Media publications. The Promoter will attempt to notify the winners via email or phone. If there has been no response from the winners after five days, the winners will forfeit the prizes and the Promoter will draw alternative winners from the remaining eligible entries.

General terms

In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Promotion is unable to run as planned for any other reason, as determined by the Promoter in its sole discretion, the Promoter may, in its sole discretion, either suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Terms and Conditions, or terminate the Promotion.

By participating in the Promotion, entrants agree to release and hold harmless the Promoter, and each of its respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Promotion, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of the prize, including, but not limited to:

  • any technical errors associated with the Promotion;
  • any other errors or problems in connection with the Promotion, including, without limitation, errors that may occur in the administration of the Promotion, the announcement of the winner, the cancellation or postponement of the Promotion, if applicable, the incorrect downloading of the application, the processing of entries, or in any Promotion-related materials;
  • injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Promotion or acceptance, receipt or misuse of the prize (including any travel or activity related thereto).

The Promoter and the Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion.

If the prize is unavailable, the Promoter, in its sole discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification. The prize is not exchangeable, transferable and cannot be taken as cash. The prize is valued in New Zealand dollars.

The use of automatic entry software or mechanical or electronic devices that allow an individual to automatically enter the Promotion are prohibited and may render all entries submitted by that individual invalid. Low quality or non-relevant submissions can be disqualified.

The Promoter may remove any registration without notice for any reason whatsoever. Incomplete, illegible and incomprehensible registrations will be deemed invalid and will not be included in the Promotion. The Promoter reserves the right to disqualify any registration where it reasonably suspects that it is prohibited by these Terms and Conditions, any relevant law, is otherwise deemed inappropriate or for any individual it finds to be tampering with the entry process or the operation of the Promotion. Any attempt by any person to damage the Fonterra Foodservice website or undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Promoter reserves the right to seek damages (including legal fees) and any other remedies from any such person to the fullest extent permitted by law.

Failure by the Promoter to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision. This is at the Promoter’s absolute discretion and discussions will not be entered into.

By entering this Promotion, the entrant consents to the Promoter’s use of his or her personal details and image for any marketing or editorial purposes in any media whatsoever worldwide for an unlimited period without remuneration. To access or request correction of your personal information please contact 0800 103 778 (Toll free within New Zealand)

Registrations will be deemed to be accepted at the time of receipt and not at the time of transmission. The Promoter accepts no responsibility for late, lost or misdirected entries.

The Promoter reserves the right, at any time, to verify the validity of registrations and entrants (including an entrant’s identity, age and place of residence).

The Promoter, its associated agencies and companies associated with this Promotion will take no responsibility for any prize damaged or lost in transit. Once the prize has left the premises of the Promoter, the Promoter’s associated agencies or the companies associated with this Promotion, the Promoter, the Promoter’s associated agencies and the companies associated with this Promotion will not be responsible for any delay, failure to deliver, or damage caused to the prize during transit.

The Promoter reserves the right to alter these Terms and Conditions at any time, without prior notice, and Participants agree to adhere to the most recent version.