GIVE AND GET TERMS AND CONDITIONS – Vuse NZ
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GIVE AND GET TERMS AND CONDITIONS

1 Promotion name and promotional period
• Promotion name: Give and Get 2021 (July 2021 update).
• Promotional period commences: 12:00am NZDT on 25 June 2021.
• Promotional period ends: 11:59pm NZDT on 31 December 2021.

2 Prize details for this Promotion
• Prize:

o Each eligible entrant will receive a promotional code (sent to them by the Promoter) for a $15 discount when the eligible entrant purchases at least $30 worth of Vuse products through either vuse.co.nz, vuse.com.au, or vusionry.co.nz. If this promotional code is provided to an eligible entrant electronically, it can be claimed more than once so the more friends (who are not already Vuse members) an eligible entrant signs up, the more promotional codes they will receive. If this promotional code is provided physically (for example in an ecommerce order with a single use code), it can only be claimed once.
o Each New Zealand based referred friend (who is not already a Vuse member) will receive a referral code (sent or given to them by the eligible entrant) for one (1) free Vuse ePod 2 Device and $15 off their first order when the referred friend purchases at least $30 worth of Vuse products through either vuse.co.nz or vusionry.co.nz.
o Each Australian based referred friend (who is not already a Vuse member) will receive a referral code (sent to them by the eligible entrant) for one (1) free Vuse ePod 2 Device, $15 off their first order, and free shipping of their first order through vuse.com.au.

• Prize Draw: Not applicable for this Promotion.

• Prize notification: An eligible entrant will be sent an email containing (i) their promotional code; and (ii) a referral code for their friend. A referred friend will be sent their referral code by the eligible entrant.

• Claiming the prize: An eligible entrant can claim their respective Prize by purchasing at least $30 worth of Vuse products and applying their promotional code at the checkout on either vuse.co.nz, vuse.com.au, or vusionry.co.nz. A referred friend (who is not already a Vuse member) can claim their respective Prize by applying their referral code at the checkout on either vuse.co.nz, vuse.com.au, or vusionry.co.nz. For the avoidance of doubt, a friend can only be referred (and receive a referral code) once.


3. General information about our Promotions

 Information on how to claim a Prize forms part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions.

 Eligible entrants: An eligible entrant is one person/individual (where each person/individual cannot create multiple accounts or email addresses at either vuse.co.nz, vuse.com.au, or vusionry.co.nz in order to either enter this Promotion more than once or attempting to claim a Prize more than once). They must (a) be a smoker or a vaper; (b) be a New Zealand or Australian residents; (c) be aged 18 years and over; and (d) adhere to these Terms and Conditions as well as the Promoter’s Terms and Conditions of Sale. Employees of the Promoter or the Promoter’s associated companies (and their immediate families - being their spouse, child or parent) and existing retailers of Vuse products (including their associated companies and their immediate families - being their spouse, child or parent), are not eligible entrants and therefore not able to enter this Promotion.

 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. Unless otherwise specified, a maximum of one (1) Prize is available for each eligible entrant.

 Qualifying Entry: Eligible entrants and referred friends note, and agree, that: (a) to qualify, an eligible entrant needs to successfully refer a friend (who is not already a Vuse member) to Vuse; (b) any referred friend (who is not already a Vuse member) in Australia, must hold a valid Australian prescription for the purchase of nicotine products and be capable of meeting the terms of the Therapeutic Goods Administration’s personal importation scheme, further details on which can be found here: https://www.tga.gov.au/personal-importation-scheme; (c) this Promotion cannot be used in conjunction with any other offer, discount, or promotion (including promotional codes); (d) this Promotion cannot be exchanged or redeemed for cash, credit, or another Vuse product; and (e) this Promotion is only valid and available online at either vuse.co.nz, vuse.com.au, or vusionry.co.nz.


4. Entry verification

All entries are subject to verification by the Promoter. 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 either (a) submits an entry that is not in accordance with these Terms and Conditions; or (b) tampers with the entry process. 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

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. 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: (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.


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

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. 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 Group page (at https://www.facebook.com/groups/vusenz/); (ii) the Vuse New Zealand Instagram page (at www.instagram.com/vuse.newzealand); and (iii) the Promoter's other social media platforms and websites. 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 info.nz@vuse.com or info.au@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; (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 New Zealand law.