Birthday Gift Promotion Terms and Conditions
Information on how to claim the Prize forms part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions.2. General information about our Promotions
- Eligible Entrants:
- Smokers and vapers who are residents of Australia or New Zealand and are aged 18 years and over who have adhered to these Terms and Conditions.
- Employees of the Promoter or the Promoter’s associated companies (and their immediate families - being their spouse, child or parent), are not able to enter.
- Existing retailers of Vuse products (including their associated companies and their immediate families - being their spouse, child or parent), are not able to enter.
- For the purposes of this Promotion, an Eligible Entrant is one person / individual (where each person / individual cannot create multiple accounts or email addresses at vuse.co.nz or vuse.com.au in order to either enter this Promotion more than once or attempting to claim a Prize more than once).
- Promoter: Vusionry and Vuse, brands of British American Tobacco (New Zealand) Limited, who can be contacted at PO Box 2618, Auckland 1140, New Zealand.
- Limitations: This Promotion cannot be used in conjunction with any other offer, discount, or promotion (including promotional codes); or exchanged or redeemed for cash, credit, or another Vuse product. A maximum of one (1) Prize is available for each Eligible Entrant.
- Promotion name: Birthday Gift
- Promotional period commences: The overall promotion begins on 01 July 2021 but, for each Eligible Entrant, the promotion begins on the date the applicable “Happy Birthday” email is received by that Eligible Entrant.
- Promotional period ends: The overall promotion has no end date but, for each Eligible Entrant, the promotion ends thirty (30) days following receipt of the applicable “Happy Birthday” email by an Eligible Entrant.
- Prize: One (1) free pack of pods, where each Eligible Entrants note, and agrees, that the promotional code must be used within thirty (30) days of receiving the applicable “Happy Birthday” email.
- Qualifying Entry: This Promotion is only valid once and available online at vuse.com.au when an Eligible Entrant adds one (1) pack of pods to their cart and applies the promotional code.
- Prize Draw: Not applicable for this Promotion.
- Prize notification: The Eligible Entrant will be notified of their prize via the “Happy Birthday” email.
- Claiming the prize: Each Eligible Entrant will be provided with a promotional code which can only be used once by and Eligible Entrant for any qualifying Entry.
4.1. All entries are subject to verification by the Promoter.
4.2. The Promoter reserves the right, at any time, to verify the validity of entries (including an entrant’s identity, age and place of residence) and to disqualify any entrant who:
(a) submits an entry that is not in accordance with these Terms and Conditions; or
(b) tampers with the entry process.
4.3 Any misrepresentation or fraudulent information submitted by an entrant will disqualify the entry.5. Varying these Terms and Conditions
The Promoter reserves the right to vary these Terms and Conditions without notice, to modify, reschedule or terminate this Promotion or to modify or extend the closing date and criteria of this Promotion at its absolute discretion.6.The Promoter’s decisions and rights
6.1. The Promoter’s decision on all matters relating to this Promotion is final and binding and no correspondence will be entered into, except as otherwise stated in these Terms and Conditions.
6.2. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
7. Prize(s) are not transferable
The Prize is not transferable for cash or credit, any other Vuse product, or to any person other than the winner(s).
Any costs associated with accessing the Promoter’s website, Instagram and/or Facebook channels is the entrant’s responsibility and is dependent on the entrant’s internet service provider.9. Cancellation, termination, modification or suspension of this Promotion
If for any reason, any aspect of this Promotion is not capable of running as planned including, but not limited to, infection by computer virus, mobile network failure, bugs, tampering, unauthorized intervention, fraud, technical failure or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may at its sole discretion cancel, terminate, modify or suspend this Promotion, or invalidate any affected entries.10. Application content and ownership
The Promoter (or its associated or affiliated companies or third parties who have licensed its brands to the Promotor or contributed to the application) owns or licenses from third parties certain application content. All such application content remains the sole property of the applicable content owner and is protected under all relevant copyright, trademark and other applicable laws. Nothing on the application should be construed as granting any license or right to use or distribute any application content, without the Promoter’s express written permission or that of the applicable content owner.11. Instagram and Facebook
Except for any liability that cannot be excluded by law, the Promoter and its respective bodies corporate (including their officers, employees and agents), Instagram and Facebook exclude all liability whether arising in tort (including without limitation negligence), contract or otherwise for:
(a) any personal injury; or
(b) any loss or damage (including, without limitation, loss of opportunity, loss of profits or loss of property); whether direct or indirect, special or consequential, arising in any way out of or in connection with this Promotion, including but not limited to, where arising out of or in connection with the following:
(c) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
(d) any theft, unauthorized access or third-party interference;
(e) any entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
(f) any variation in Prize value;
(g) any tax liability incurred by the entrant; or
(h) participation in this Promotion or use of the Prize.
14.1. To the extent that the Promoter collects personal information to conduct this Promotion it can, for this purpose, disclose such information to third parties, including, but not limited to regulatory authorities, or use such information to contact the entrant about this Promotion. Any entry in this Promotion is conditional on providing this information.
14.2. By participating in the Promotion an Eligible Entrant:
(a) grants the Promoter the right to use their name, character, photographs or likeness in connection with the Promotion and for future promotions and marketing purposes (and waives any claims to royalty, right or remuneration for such use);
(b) agrees to provide the Promoter with a perpetual royalty-free license to use their username in any way including, but not limited, to:
(i) the Vuse Facebook page (at facebook.com/vuse.newzealand);
(ii) the Vuse Instagram page (at instagram.com/vuse.newzealand); and
(iii) the Promoter's other social media platforms and websites.
14.3. Each entrant understands that he or she has the right to access, and may request correction of, any of their personal information held by the Promoter by contacting the Promoter at email@example.com. All claims become the property of the Promoter.15. Vuse products
Vuse electronic cigarettes may be hazardous to health and contain nicotine which is addictive. Vuse products should be kept out of reach of children. Vuse electronic cigarettes are not suitable for use by:
(a) persons under the age of 18;
(b) persons who are allergic/sensitive to nicotine;
(c) pregnant or breast-feeding women;
(d) persons who should avoid using tobacco or nicotine products for medical reasons; or
(e) persons with an unstable heart condition, severe hypertension or diabetes.
16. Governing law
This Promotion, and these Terms and Conditions, are governed by, and interpreted in accordance with, New Zealand and Australia law.