Marketing Promotion Terms & Conditions
All marketing promotions and incentive programs (i.e. promotions) run by Ingram Micro (NZ) Ltd. (“Ingram Micro”) in New Zealand are subject to the terms and conditions contained in this document unless specifically modified by the promotional materials. By entering into any Ingram Micro promotion, each participant agrees to abide and be bound by these promotion terms. Any terms and conditions in favor of Ingram Micro will also be for the benefit of any sponsoring vendor(s) (“Vendor(s)”) and will apply to participant's guest(s), as applicable. Further, where a promotion is considered to be a contest (e.g. a draw, unique code entry, random chance component), these terms and conditions may be modified by the promotional materials.
- Ingram Micro promotions are only open to registered employees of Ingram Micro authorized customer partners in New Zealand and Pacific Islands who are residents of New Zealand and Pacific Islands and who have reached the age of majority (“participants”). Promotional offers are not transferable or otherwise assignable to any other party.
The following persons are not eligible to participate in a promotion: (i) Ingram Micro; (ii) Vendor(s), if any; (iii) the advertising and promotional agencies of Ingram Micro or Vendor(s), and (iv) any other firm involved in the development or execution of a promotion; (v) any subsidiaries and affiliated corporations (or other similar legal persons), and the respective employees, agents and representatives, of (i), (ii) (iii) (v) herein.
- A participant whose: (a) employer/company does not consent to the participant’s participation in the promotion; and (b) whose participation in the promotion violates his/her employer's/company's policies and procedures, is not eligible to participate in a promotion.
- Other exclusions and eligibility requirements may apply; refer to the promotional materials.
- Each participant agrees that as a condition to being awarded a prize, the winner (and if applicable, his/her companion) may be required to sign a release and indemnity and/or declaration form in the form required by Ingram Micro.
- Where a promotion requires registration, participant must be registered on or before the end of the registration period otherwise their entry will be forfeit.
- Participants must comply with these terms throughout the promotional term up until the time the prize is awarded and winning is contingent upon fulfilling all promotional requirements.
- Where a promotion requires the purchase of Vendor product (e.g. target sales achievement, particular product purchase, etc.), product must be purchased from Ingram Micro. Any product purchase amounts will be calculated net of any returns and back orders will be excluded. Ingram Micro reserves the right to delay announcing prize winners up to fourteen (14) days following the end of a promotion to factor in returns made after the end promotional period.
- Where applicable, any entry submissions such as videos, blogs, business cases etc. must not contain, depict or refer to any sexually explicit, disparaging, discriminatory, offensive, illegal or otherwise unsuitable language, activity or other content (as determined by Ingram Micro in its sole discretion). By submitting an entry, participants certify that (a) they are the original creator of the entry; (b) the entry does not violate a third party's intellectual property or privacy rights; (c) they've received the necessary consents from third parties to share information to Ingram Micro in accordance with applicable New Zealand privacy legislation. All entries become the property of Ingram Micro and none will be returned.
- Ingram Micro is a registered trademark used under license by Ingram Micro. All other brand names, product names and trademarks are the property of their respective owners; and such owners are not sponsors of, nor are participants in this promotion unless otherwise indicated.
PUBLICITY & PRIVACY
General: ANY TAX LIABILITY ARISING AS A RESULT OF ACCEPTING ANY PRIZE IS THE RESPONSIBILITY OF THE WINNER. Prize winners (and their guests, if applicable) are solely responsible for: (a) all taxes, fees and other assessments, as well as any additional expenses and incidental costs not included in the promotion/prizes as described; and (b) reporting any prizes to the appropriate taxing authority for tax purposes as required.
For Product Prizes: The warranty for any product prize is subject to the New Zealand consumer law and product manufacturer’s warranty. Winner should look to the manufacturer of the products for all warranties.
For Pre Packaged Travel Prizes: Where Ingram Micro offers a pre-packaged trip prize, unless otherwise indicated, the trip packages will only include the items set out in the promotional materials. Winners must travel on the dates set forth by Ingram Micro or the prize will be forfeited. If no dates are specified, trips must be booked at least twenty one (21) days (or such other time period notified by Ingram Micro) prior to departure and are subject to availability and blackout dates, travel must be roundtrip, and Ingram Micro will determine airports, airlines, destination, hotel, itinerary, and room size/occupancy in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in the promotion, and those set forth by Ingram Micro's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the trip package description, including but not limited to, ground transportation during the trip, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, travel insurance, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. If applicable, winner has the sole discretion to choose their travel companion(s). Travel companion(s) must have reached the age of majority and must travel on same itinerary and at the same time as the winner. A travel companion may not use all or any part of the trip prize without the winner. Winner and travel companion(s) may be required by Ingram Micro to execute liability/publicity releases prior to issuance of travel documents. Winner and travel companion(s) are solely responsible for obtaining valid passports and any other documents necessary for international travel such as travel visa, if required. Travel restrictions, conditions and limitations may apply. Ingram Micro will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Ingram Micro is not responsible if any scheduled event is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Ingram Micro's sole discretion.
Vehicle Prizes: Prize winner accepts that it is in all cases responsible for any additional expenses that are not included in a vehicle prize as expressly described in the promotional materials, including, but not limited to, all taxes, permits, licensing, insurance, vehicle registration, modification and maintenance including fuel costs and any repairs. Furthermore, any additional fees or costs of the vehicle from the time of collection shall be the sole responsibility of the prize winner.
Business Meetings/Events: Any business meetings/events as part of the trip agenda are mandatory, and winners will be required to reimburse Ingram Micro for the full cost of the trip if they fail to attend such scheduled meetings/events.
Credits on Account: Prizes that are credits on account will be offered as credit on account payable up to 60 days after the winner is announced.
- Prizes are as specified in the promotional material and must be taken as offered and, if applicable, on the date/s specified. Prizes must be accepted as awarded and no substitution is permitted nor will cash equivalent be paid. Ingram Micro reserves the right to substitute the prize (or part of any prize) for one of equal or greater value in the event the prize is unavailable. Prizes are provided as-is and Ingram Micro makes no representations or warranties in respect of the prizes except for any liabilities that cannot be excluded by law. Prize values provided are based on the recommended retail price as provided by the prize supplier and are accurate at the time of printing the promotional material. Ingram Micro will not be held liable for any change in prize value after that date.
- Winners acknowledge that there may be intrinsic risks in some aspects of the prizes and that using such prizes may involve participating in dangerous/risky activities. By accepting the prizes, winners accept those risks. Winners (and their guests, if applicable) may be required to sign a release and indemnity and/or declaration form in the form required by Ingram Micro.
- Participants selected to win a prize are not winners until confirmed as such. Participants will be notified that they are receiving a prize by telephone or email by an Ingram Micro representative. If they cannot be contacted within three (3) business days of being awarded a prize, fail the verification process, incorrectly answer the skill-testing question (if applicable), decline the prize, if applicable fail to return a signed release and declaration within ten (10) business days of being contacted, or fail to fulfill any such other requirement, the potential winner will be disqualified. Ingram Micro may select an alternate entrant from among all remaining eligible entries until a new winner is confirmed. Ingram Micro reserves the right to verify the validity of entries (if applicable) and identity of participant and to disqualify any participant who does not comply with the conditions of entry or who tampers with the entry process.
- Unless otherwise stated, Ingram Micro’s decision is final and the prizes will be delivered to prize winners within thirty (30) days of confirming the winner, including obtaining all necessary signed release or waiver forms in that regard. If no prize winners are established sixty (60) days after the end of the promotion period, the prizes will be cancelled.
General Terms & Conditions
- Ingram Micro reserves the right, exercisable in its discretion, to disqualify and ban any participant from a promotion, including where the participant is found or is believed to have been tampering with the process whether in relation to the on-line entry process or otherwise, the operation of the promotion, or a promotion website or if the participant is found or is believed to have been attempting to contact, threaten, annoy, harass or abuse any other person who has participated in a promotion. Any attempt by any participant to deliberately damage a promotion website or undermine the legitimate operation of the promotion is a violation of law and should such an attempt be made or be successful, Ingram Micro reserves the right to seek damages or other penalties to the fullest extent permitted by law.
- These terms and conditions do not exclude or limit the applicable of any applicable law within New Zealand where to do so would contravene that statute or cause any part of these terms and conditions to be void.
- Except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), Ingram Micro, its affiliates, directors, employees, agents and contractors is not responsible for and excludes all liability (including negligence), for any loss, expense, damage, personal injury, illness or death that may occur from; whether direct, indirect, special or consequential, arising in any way out of:
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL INGRAM MICRO, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING FROM THIS PROMOTION, PARTICIPATING IN THIS PROMOTION OR AS A RESULT OF ACCEPTING OR USING ANY PRIZE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Ingram Micro reserves the right, in its sole discretion to, without advance notice, terminate or suspend the promotion, in whole or in part, or modify it in any way, including where the promotion is not capable of running as planned for any reason. Ingram Micro reserves its right to modify these Terms and Conditions at any time for any reason.
If a participant submitting an entry from an electronic address is not the person who is assigned the e-mail address from which the entry is submitted and if a dispute arises regarding who submitted the entry, then Ingram Micro shall be entitled to deem the entry submitted to be an entry of the person to whom the e-mail address is assigned.
The participation of any participant in a promotion in no way implies any form of employment, partnership or joint venture with Ingram Micro.
All promotions will be subject to New Zealand law, and the Participant irrevocably and unconditionally submits to the non-exclusive jurisdiction of its courts.
(a) participating in this promotion or as a result of accepting or using any prize;
- (b) any technical difficulties or equipment malfunction (whether or not under the Ingram Micro’s control);
- (c) any theft, destruction, unauthorised access, alteration of or third party interference of entries and information submitted for a promotion that are being stored electronically;
- (d) any entry or prize claim that is late, lost, altered, damaged or misdirected due to any reason beyond the reasonable control of Ingram Micro;
- (e) any variation in prize value to that stated in the promotional material;
- (f) any tax liability incurred by a winner or participant;
- (g) any incorrect or inaccurate information or any other error, whether caused by other participants or by any equipment or programming associated with or utilized in the promotion or by any technical or human error which may occur in the processing of entries in the promotion; (h) injury or damage to participants' or any other person's computer related to or resulting from participating or downloading materials in a promotion.