ePen Terms & Conditions

1. Background

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 New Zealand residents 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 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.

3. Details of this Promotion

Promotion name: ePen Migration
Promotional period commences: 7:00pm NZDT on Thursday, 18 February 2021.
Promotional period ends: 11:59pm NZDT on Wednesday, 14 July 2021.
Prize: One (1) Vuse ePod device and one (1) pack of ePod pods when an Eligible Entrant participates in the promotion during the promotional period where Eligible Entrants note, and agree, that the promotional code must be used before 11:59pm on Wednesday, 14 July 2021.
Qualifying Entry: This Promotion is only valid when an Eligible Entrant purchases any Vuse ePen product. Once a customer has claimed one of each of the above free items through purchasing one Qualifying Products and utilising one unique codes, the customer will no longer be able to claim any further free gifts from using unique codes collected from further purchases of Qualifying Products.
Prize Draw: Not applicable for this Promotion.
Prize notification: Not applicable for this Promotion.
Claiming the prize: An Eligible Entrant will follow the website link provided on the concertina sticker where they will be required to input the unique code, choose two (2) free items and then log in or sign up with the following details:
- Full name, contact number, email address, physical address, consenting to receiving marketing materials, preference for marketing materials (phone or email), agreeance to privacy policy and terms and conditions, create a password for their account and input age verification details (name, ID details etc)
Maximum of one (1) free Vuse ePod and (1) free Vuse ePod cartridge pack per customer and each unique code can only be used once. A customer cannot claim two Vuse ePod’s or two Vuse ePod cartridge packs.

4. Entry verification

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).

8. Costs

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

Entrants must at all times comply with Instagram’s Terms of Use and Facebook’s Terms of Service and the House Rules for Instagram and Facebook. This Promotion is in no way sponsored, endorsed or administered by Instagram or Facebook. Any information provided by an entrant is provided to the Promoter and not to Instagram or Facebook. Entrants release Instagram and Facebook from all liability in relation to this promotion.

12. Exclusion of liability

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:

(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.

13. Promoter’s Privacy Policy

These Terms and Conditions are deemed to incorporate the Promoter’s Privacy Policy and by entering this Promotion, an entrant accepts the terms and conditions of that Privacy Policy.

14. Collection and use of personal information

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 New Zealand Facebook page (at facebook.com/vuse.newzealand);

(ii) the Vuse New Zealand 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 nz@vuse.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;

(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.

15. Governing law

This Promotion, and these Terms and Conditions, are governed by New Zealand law.