Terms and Conditions Metalcraft

Transcription

1 Terms and Conditions Metalcraft TERMS OF ACCESS These terms and conditions ("Terms") set out how you may enter into, and continue to participate in, the Metalcraft sports competition ("Competition"). Please read through these Terms carefully. If you do not accept the Terms, do not enter the Competition. If you do not accept any changes to these Terms do not continue to participate in the Competition. By entering and continuing to participate in the Competition, you are indicating your acceptance of the Terms (including any changes) and your willingness to be bound by them. INTRODUCTION By entering the Competition, you confirm that you are an individual who is at least 18 years old, or, if you are under 18, that you have parental/guardian consent to do so. No player under the age of 18 years can win the competition prizes. The terms 'you' and 'user' are used, for the purposes of the Terms, to refer to any individual or entity participating in the Competition. The expressions 'us', 'we' or 'our' refer to Metalcraft. This is not a gambling App - it is a competition App. COMPETITION BOUNDARIES The Competition is open to customers of Metalcraft trading as either; Metalcraft Roofing, Metalcraft Structural, Metalcraft Insulated Panel Systems, these include: Installers, Architects, Builders, Contractor, Homeowners, and any other person keen on playing Pick&Go, from New Zealand, over 18 year old. The competition is open to employees of Metalcraft however employees will be exempt from winning any prizes. A Metalcraft branch prize will be awarded at discretion of UIL (United Industries Group Limited). Employees of Metalcraft should refer to Metalcraft Branch Prize. Other companies part of the UIL may invite their customers to participate. Employees of UIL may participate in the game but are exempt from winning any prizes. Selection of game criteria as Other is required. PROMOTER AND ORGANISER The promoter and organiser of the Competition is Metalcraft. The Promoter, Metalcraft, and their agents and contractors shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of taking any of the prizes, except for any liability which cannot be excluded by law. Apple is not a sponsor of the competition. This means that Apple is not involved in any way neither with the competition nor the sweepstakes or draws that will happen throughout the contest.

2 CHANGES We may, at any time, amend or delete any of these Terms and/or the "rules of the game" ("Rules"). Please ensure that you check the Terms and the "Rules" on a regular basis to review any changes we have made. Your continued participation in the Competition following the publication of any changes to the Terms and/or the Rules confirms your acceptance of those changes. REGISTRATION To enter the Competition, you need to register and provide accurate and complete registration information. It is your responsibility to update and maintain that information by advising us of changes to your details as appropriate. Registration is for a single user only. On registration, you will need to enter your First Name, Last Name, , Phone number, State, User type (Staff, Installers, Architects, Builders, Homeowners or Others), and Company Name (both optional). You will then be asked to set a password. We will not permit: any other person to register using your authentication details; any other person sharing your player authentication details and password; any offensive words or word strings (we reserve the right to edit your player details should we find any of your player details offensive). When you register to participate in the Competition, you will be obliged to click on an icon confirming that you have read, understood and accepted these Terms. You must keep your password confidential at all times. Any entry or picks submitted using your authentication details and password will be deemed to have been submitted by you, and we do not have any responsibility or liability for any entry or picks submitted using your details. Only one player may be assigned per unique address. Multiple players may not share the same address. On registration for the Competition you agree that we can hold your registration details so we can invite you to participate in future seasons or tournaments. COMPETITIONS Metalcraft competitions will run in accordance with the official Super Rugby fixtures calendar. All winning entries will be notified by no later than 21 days following the conclusion of the Competition. All game points and prizes awarded will be attributed, on an accumulation basis, to the successful player. PRIZES Spot prizes Draw: Spot prizes will randomly be chosen after each round. The winner will be selected at random by the judges and the judges decision is final and no correspondence will be entered into. Random Prize Winner: Players are eligible to random prizes if they have actively played (no autopick) at least 3 rounds in the whole competition. Even late registered players are eligible to win random prizes. Random prize winners may also win other prizes throughout the competition.

3 Trophy Prize Winners: The competition will award three trophy prizes: 1 st, 2 nd and 3 rd and winners will be decided based on the accumulated points awarded during the Competition under the one player name and given the ranking of either 1 st, 2 nd or 3 rd place Trophy winner. The winner of the Trophy prize will be notified by phone/ . In the event of a tie between one or more participants, the winner of the Grand Prize will be selected by random draw between those highest scoring participants by the judges and the judges decision is final and no correspondence will be entered into. All employees of Metalcraft and United Industries Group companies are not eligible for entry into the spot prize or trophy prize. No correspondence will be entered, and the promoter s decision is final. For Metalcraft Employees see branch prize. Metalcraft Branch Prize. Employees of Metalcraft will be able to participate in an internal competition. The highest average score of all employee participants at each branch will be entitled to a branch prize. This prize will be shared among the staff and will likely be in the form of a free lunch shout to the value of maximum $1000. The overall highest score winner of an employee of Metalcraft will be awarded a gift token to the value of $250 and given the Title Metalcraft - Super Rugby Champion By receiving any of the above prizes the recipient(s) gives permission to the promoter to photograph and use names and images for marketing material. Players defined as Others are not considered as Metalcraft partners, therefore they won t be eligible for Prizes. Trophy Prizes can be either a gift voucher or direct bank transfer (invoice is required) and may not be redeemed for cash or any other reward. No prize may be transferred. Spot prizes will be a gift voucher and is not direct bank transferrable recipient of the spot prize may choose what gift voucher they would like. Metalcraft reserves the right to make any changes to any prizes and to provide the winner with a substitute prize. The judges' decision is final and no correspondence whatsoever will be entered into regarding the Competition. Neither Metalcraft nor BKA will be liable for delays in the delivery of any prizes, or the non-delivery of any prizes. Metalcraft reserves the right to make whatever enquiries we see fit to prove the identity and eligibility of any participant and/or winner. No player under the age of 18 years can win the competition prizes. Winners will be notified by phone/mail. The Promoter and BKA have no responsibility or liability for the inability to contact prize winners due any error in information provided by the entrant or subsequent change of address or phone number. If the Promoter is unable to contact any winner within 21 days of the draw date, that prize will be redrawn. No correspondence will be entered into. SUBMISSION OF ENTRIES All entries must be submitted via the App itself. All entries picks must be made in advance in accordance with the rules displayed for each tournament to which the entry relates. No entries will be accepted after these times. Players are entitled to

4 Autopicks if they do not make their picks in time. This competition s game rules can be found on the Account page on the app itself. Winning team selections and winning margin selections may be changed any number of times, in advance in accordance with the rules displayed for each tournament to which the entry relates. All updated selections must be re-submitted. Any entry which is incomplete, illegible or otherwise does not comply with the Rules and/or these Terms will be disqualified. Neither Metalcraft nor BKA have any responsibility or liability for late or undelivered entries, communications or for any technical failure, malfunction or difficulty, or any other event causing disruption to or corruption of the Competition Neither Metalcraft nor BKA have any responsibility or liability for the predictions or selections made, or information provided, by any person or entity which is displayed on this App. If you take the comments, predictions, selections and/or information of any other person or entity into consideration you do so entirely at your own risk. YOUR PARTICIPATION IN THE COMPETITION You agree not to: Impersonate another person or use a false name or name you are not authorised to use, or create a false identity or address or try to mislead others as to the identity or origin of any communications; modify, access or make available data stored on a device which you have accessed through our network, when either the owner of the data or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this; make available or upload files that contain software or other material, data or information not owned or licensed to you or collect information about others (such as names and addresses) without their prior consent; damage, interfere with or disrupt access to the Competition or this App or do anything which may interrupt or impair its functionality including by means of submitting a virus to this app, overloading, "flooding", "spamming", "crashing" or "mail bombing"; make any commercial or business use of the Competition to resell or commercially benefit from any party of aspect of the Competition; publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information; threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others; make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "Trojan horses", "worms" or any other harmful software; falsify the true ownership of software or other material or information contained in files made available via this App; forge any TPC/IP packet header or any part of the header information in any or newsgroup posting; obtain or attempt to obtain unauthorised entry, through whatever means, to the Competition, this App or operator systems or area of any of our partners' networks which are identified as restricted. Make personal or verbal contact with the organizers or sponsors of the game via any means other than the app developer address is forbidden. You are and remain solely responsible for the content of any comments submitted to us via your registration details. USE OF PLAYERS' DETAILS Details of player's scores in the Competition will be displayed, each week, on our "Leaderboard" section. You agree that as one of our players, Metalcraft can display your name together with your score. By entering the Competition you give Metalcraft permission to use your name for promotional purposes without further compensation. We may also require a photograph of you as a winner of the Competition for promotional purposes, to the extent permitted by law.

5 AND NOTIFICATION POLICY Any communication or material you transmit to this App by , including data, questions, comments, suggestions or the like, will be treated in accordance with our Privacy Policy. We reserve the right to use any ideas, concepts, know-how or techniques contained in any communications you send to BKA s address or website for any purpose whatsoever, without the need to pay any royalties or other amounts. You agree that Metalcraft or our commercial partners may send you s for the purpose of advising you of changes or additions to this App, of future competitions, or for promotional purposes. However, you have the opportunity to opt out of receiving communications from us and our partners at any time. To be removed from our mailing list, please ensure you click on the opt-out link in any of the s that are sent to you. By registering on the App, you have also agreed to receive Push Notifications sent by the App. These Notifications may include content that reminds you to make picks or promotes goods and services from either Metalcraft or our commercial partners. Notifications can be managed via your phone s notification settlings. GENERAL DISCLAIMER Whilst we will endeavor to ensure that the content on the App (including (without limitation) all information on it, whether provided by us or not) ( Content ) is error-free, we do not warrant its accuracy, adequacy or completeness or that it is suitable for your intended use. The Content may contain inaccuracies and typographical errors. The Content may be updated at any time and may, at times, be out of date, inaccurate and/or incomplete. Neither Metalcraft nor BKA have any responsibility for keeping the Content up to date, accurate and/or complete, nor do we or BKA have any liability for any failure to do so. BKA owns all player data and analytics excluding player registration information provided by the client. Market insight data is owned by the client but BKA may use the data to enhance future services provided. This App, the Content and access to the Competition is provided on an "as is" basis and there are no representations or warranties of any kind about the App, the Content and/or the Competition. This App may not be continuously available and we make no assurances it is free from computer viruses or any other malicious or impairing computer program. You agree that all conditions, warranties and representations in respect of this App, the Content and the Competition (express or implied) of any kind, including (without limitation) accuracy, quality, suitability, fitness for purpose, or completeness of any Content, are excluded to the fullest extent permitted by law. EXCLUSION OF LIABILITY By entering the Competition, and/or continuing to participate in it, you release Metalcraft, BKA, and our respective associates, partners and agents from any responsibility or liability, howsoever caused, to yourself, your property or any third party or their property for damages, losses or injury (including (without limitation) entering, downloading and/or relying on any Content from this App). In no event will Metalcraft, or BKA, (or any of our employees or agents, or any other party involved in creating, producing or delivering the Competition) have any liability of any description including liability for negligence, for any damage or loss (including direct, incidental, consequential, indirect or punitive damages, loss of business, profits or revenue) whatsoever arising from your participation or inability to participate in the Competition or in respect of the Content or use of this App.

6 APP and DEVICE We are not responsible for any technical or other problems that may arise due to the mobile device itself or the operation system ran on that device (such as OS updates). INDEMNITY You agree to indemnify Metalcraft and BKA (and our respective employees and agents) from and against all and any expenses, losses, liabilities, damages and costs of any nature (including solicitor and own client costs) incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of this app, your participation in the Competition, your reliance on any of the Content and/or a breach of these Terms. LINKS TO OTHER WEBSITES This app may contain links to other websites ("linked websites"). Those linked websites are provided for convenience only and may not remain current. The linked websites are not under our control and are not maintained by us. We have not reviewed the content displayed on the linked websites, or any products or services offered on them. Metalcraft links with other websites should not be construed as our endorsement, approval or recommendation of the owners or operators of those linked sites. Your dealings with those parties are solely between you and such party. You agree that we are not liable for such dealings and you also agree to indemnify Metalcraft and BKA in the manner referred to above in relation to such dealings. TERMINATION We may suspend or cancel the Competition or your participation in it at any time without notice. Our general disclaimer and limitation of liability will survive such cancellation. GOVERNING LAW AND JURISDICTION These Terms are governed by and interpreted in accordance with the laws of New Zealand and you irrevocably agree that the courts of New Zealand will (save as expressed below) have exclusive jurisdiction to settle any dispute which may arise in connection with these Terms. For our benefit, we retain the right to bring proceedings as to the substance of any matter in the courts of your country of residence or, where these Terms are entered into in the course of your business, the country of your principal place of business.