HUSTLER “WIN A CAN-AM” PROMOTION – NEW ZEALAND TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The promoter is Hustler Equipment Ltd. 1417 Omahu Road, Hastings 4175, New Zealand (“Promoter”).
3. Entry is open to New Zealand residents only aged 18 years or over and currently domiciled in New Zealand.
4. Directors, officers, management, employees and contractors (and the immediate families of directors, officers, management, employees, suppliers, and contractors) of the Promoter and the agencies and companies associated with this promotion, are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or stepchild (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
5. Entries into the promotion open on 01/03/2020 and will close at 11:59pm NZDT on 30/09/2020 (“Promotional Period”).
6. To be eligible to enter and to enter, individuals must undertake both the following conditions:
a) purchase any HUSTLER product listed in paragraph 7 of these Terms and Conditions, from any retailer nationally, during the Promotional Period (“Qualifying Purchase”);
AND
b) register the product warranty associated with a unique serial number using the online form available at hustlerequipment.com/warranty, input the requested details (including full name, email address, mobile phone number, residential postcode. One (1) online warranty registration form must be submitted for each transaction/purchase. Individuals acknowledge that by submitting their online warranty, they agree to be added to the HUSTLER EQUIPMENT’s database and receive electronic communications from the Promoter in accordance with paragraph 29.
For every serial number associated with a HUSTLER new product purchased during the Promotional Period and registered online, the entrant will be eligible to receive one (1) entry into the draw.
7. The list of products covered by the HUSTLER “WIN A CAN-AM” PROMOTION is as follows:
– Hustler bale feeders: Chainless SX105, Chainless LM104, Chainless LX104, Chainless TE205, Chainless TX205, Chainless TH205, Unrolla LM105, Unrolla LX105, Unrolla LM105T, Unrolla TE205, Unrolla TX205
– Hustler feedout wagons: Combi CM106, CM116, Combi CM136, CM, 156, Combi CX178, CM196, Combi CX208, Combi RX136, Combi RX216, RX148, RX178, RX218
– Hustler Swifthitch: Swifthitch Heavy Duty, SwiftHitch Super Duty
– Hustler bale handlers: Softhands LM100, Softhands LX200
– Hustler tip trailers: Tipper 8 Ton, Tipper 10 Ton, Tipper 12 Ton
8. Multiple entries are permitted, subject to that each entry must be submitted in accordance with the entry requirements. And each entry must have a unique serial number.
9. Incomplete or ineligible entries will be deemed invalid. Canceled Qualifying Transactions, canceled payments, any product that is not fully paid for will not be eligible for this promotion.
10. Entrants must retain their original purchase order(s) or delivery note(s) signed and issued by the retailer for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the Hustler retailer/dealer company’s name and that the purchase was made during the Promotional Period prior to entry.
11. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry 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.
12. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
13. The draw will take place at HUSTLER EQUIPMENT LTD, Global Headquarters, 22 Jarvis Road, Hastings 4175, New Zealand at 11:00am on 09/10/2020. The Promoter may draw additional reserve entries in each draw and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified by telephone and in electronic writing within four (4) business days of the draw.
14. The Promoter’s decision is final and no correspondence will be entered into.
15. The first valid entry drawn from all valid entries received, will win a side-by-side vehicle CAN-AM DEFENDER HD8 PRO (customised colour: MiNT Hustler’s green) and the following genuine inclusions:
- Roof
- Flip windscreen and wiper
- Rear plastic windscreen
- Front bulbar
16. Total prize value is up to NZD$26,799 (as at 01/03/2020) including delivery charges (which may vary region by region). Additional insurance, options, petrol, and all other ancillary costs are the responsibility of the winner. Winner must allow up to 6 months for the prize to be available for collection.
17. If the winner is, through any legal incapacity or otherwise, unable to register the vehicle in their own name, then the winner may assign the vehicle to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the vehicle is awarded. It is a condition of accepting the prize that the winner (or a representative of the winner) may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
18. If for any reason the winner does not take the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. The Promoter reserves the right to award the prize to a reserve entry drawn if an originally drawn winner is ineligible.
19. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/ or specification, subject to any written directions from a regulatory authority.
20. Total prize pool value is up to NZD$26,799 (as at 01/03/2020).
21. Subject to paragraph 17, the prize is not transferable. The prize is not refundable or exchangeable and cannot be taken as cash.
22. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (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 manufactured, distributed and/or supplied by the Promoter.
23. 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 entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
24. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
25. As a condition of accepting the prize, the winner may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
26. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize. The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the promotion and they will not be reimbursed regardless of whether or not they win the promotion. For more information refer to:
https://www.ird.govt.nz/fringe-benefit-tax/fbt-index.html
27. Nothing in these Terms and Conditions limits excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 the promotion.
28. 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 entry or prize 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 prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking of the prize.
29. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing and publicity purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
