Acceptance of Terms
- The standard terms and conditions set out below (Terms) apply to all social media competitions and promotions run by Silver Fern Farms Limited (Silver Fern Farms, we, our or us) via Facebook, Instagram and/or other social media platforms that specifically reference these Terms (Competition), and apply in addition to any other specific terms, rules and specifications (e.g. details of prizes and dates and entry requirements) referenced or notified on the relevant social media platform used by Silver Fern Farms in relation to the specific Competition (Specific Rules). To the extent of any direct conflict between any provision of those Specific Rules and these Terms, those Specific Rules shall prevail and the relevant provision of these Terms shall be read down accordingly.
- To the extent that any third parties are involved in or associated with any Competition in any way, you acknowledge that other third-party terms and conditions may also apply in relation to the Competition and agree to comply with such third-party terms to the extent that they are applicable. Silver Fern Farms makes no warranties or representations in relation to any third-party content, website or terms that may be applicable.
- Each Competition is a promotion scheme run by Silver Fern Farms to promote the marketing and/or sale of its products. Participants acknowledge that each Competition is run solely by Silver Fern Farms and that unless otherwise specified, other third parties are not in any way involved in the Competition other than through its supply of the relevant prizes or other specific arrangements between those parties. Silver Fern Farms will supply the Prize to the relevant Prize winner in accordance with the Specific Rules for the Competition and these Terms and the prize winner will not have any direct recourse against any third parties in relation to the prize or the Competition unless otherwise expressly set out in writing by that third party or by Silver Fern Farms in the Specific Rules for that Competition.
- To enter any Competition, you must complete the specific requirements for entering the Competition, and provide any required details (including any personal information) in the manner and by the time and date specified by Silver Fern Farms in the Specific Rules or on the relevant social media platform used for the relevant Competition. Entries close at the time and date specified by Silver Fern Farms in the Specific Rules and all entries must be fully completed and submitted in accordance with the Specific Rules of the Competition by that time. No additional entries may be submitted after entries for the Competition close. Entries that are incomplete or do not strictly adhere to the Specific Rules for the Competition or these Terms may be disqualified at the sole discretion of Silver Fern Farms.
- To enter any Competition, you must be 18 years of age or older, live in New Zealand and not be an ‘Ineligible Person’ (as defined below) at any time during the Competition. If you do not meet these requirements, you are ineligible to enter. For the purposes of this clause, an ‘Ineligible Person’ means anyone who works for Silver Fern Farms or any specific third parties associated with the Competition (an Employee), their immediate family members and anyone else living in the same household as an Employee. Silver Fern Farms reserves the right to exclude any other entrant from participating at its sole discretion by giving written notice.
- Each participant warrants that all information submitted in connection with each Competition is genuine, relevant, honest, true, current and complete. Silver Fern Farms reserves the right to disqualify any entrant who does not comply with these Terms or any Specific Rules for the Competition.
- The specific prize(s) for each Competition are as specified by Silver Fern Farms in the Specific Rules for the Competition (as referred to on the relevant social media platform used to run the Competition). Colours, sizes and other specific details of the prizes may vary and be different from the description or images used for the promotion of the Competition, and unless otherwise expressly stated by Silver Fern Farms, cannot be selected by participants, exchanged for any other prize or product or redeemed for cash. In the event that the specific advertised prizes or any number of them become unavailable for any reason, Silver Fern Farms may substitute a prize of like or equal value (at its sole discretion)
- Winners will be selected in the manner and at the time specified by Silver Fern Farms in the Specific Rules or on the relevant social media platform used for the relevant Competition.
- Unless otherwise stated in the Specific Rules for the Competition, only one Competition entry per person is permitted. Any additional entries completed or submitted by the same individual will be deemed invalid and will not be eligible for the Competition.
- We will attempt to advise each winner of their winning entry via the social media platform that the Competition is being run on (e.g. via our Facebook or Instagram page for the Competition) by the date set out in the Specific Rules for the Competition, or if no date is specified, within 7 days of the Competition ending. If you do not respond to our social media post or any other communication from us regarding your winning entry within the required timeframe, then the prize may be forfeited at Silver Fern Farms’ option and a new winner reselected. If a new winner for a prize is reselected at Silver Fern Farms’ discretion, any replacement winner will forfeit the prize if they do not respond within 24 hours of being contacted via the relevant social media platform. Silver Fern Farms shall have no liability for any winner's failure to receive notices due to spam, junk e-mail or other security settings or for a winner's provision of incorrect or otherwise non-functioning contact information.
- Winners will be notified in advance if prizes for any Competition are to be sent by courier. Couriers may be instructed to have prizes signed for on receipt and failure to obtain a signature may result in the prize being returned to Silver Fern Farms and another winner being reselected at Silver Fern Farms’ discretion.
- Silver Fern Farms' decision on all matters in relation to any Competition is final and binding and no correspondence will be entered into in relation to such decisions.
- Only correct, properly and validly completed entries will be accepted and entered into a Competition. No responsibility is accepted by Silver Fern Farms for the non-receipt of any entry.
- A prize cannot be redeemed for cash, is not transferable to any other person, and cannot be used in conjunction with any other offer or promotion.
- A new winner may be reselected at Silver Fern Farms’ discretion if any winner does not wish to receive their prize, is unable to be contacted by Silver Fern Farms within the relevant timeframe set by Silver Fern Farms or fails to comply with these Terms or any Specific Rules for the Competition.
- If the Competition is interfered with in any way or is not capable of being conducted as anticipated due to any reason beyond the reasonable control of Silver Fern Farms, then Silver Fern Farms reserves the right at its sole discretion to modify, suspend, terminate or cancel the Competition as is appropriate in the circumstances.
- Silver Fern Farms reserves the right to refuse to award a prize to an entrant who is in breach of these Terms or any Specific Rules for the Competition, gained an unfair advantage in participating or won by using fraudulent means.
- You are wholly responsible for your participation in any Competition, including for all information, content and data submitted, transmitted, posted or otherwise provided in relation to the Competition. We disclaim all liability with respect to any content transmitted, posted or otherwise provided in relation to any Competition. Except for any liability that cannot be excluded by law, Silver Fern Farms (including its officers, employees and agents) excludes all liability (including negligence) to any person for any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential arising in any way out of any Competition or these Terms. Without limiting the above, Silver Fern Farms will not be liable for any loss, damage, costs (for instance incurred in accepting or redeeming a prize) or any injury whatsoever suffered by an entrant as a result of or in connection with any Competition, including any inability to enter, complete or continue the Competition due to equipment or technical malfunction. By entering into any Competition, you agree to release and hold harmless Silver Fern Farms and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) your participation in the Competition and your acceptance, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the promotion; and/or (v) electronic or human error in the administration of the promotion or the processing of entries.
- To the extent permitted by law, Silver Fern Farms reserves the right to amend or change these Terms or any Specific Rules for any Competition at any time at its sole discretion, including extending, postponing or cancelling the Competition.
- These Terms shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the New Zealand Courts.
Personal information, intellectual property, data and privacy
- Subject to participants’ rights in relation to their personal information, all information and data and any proprietary or intellectual property rights created or otherwise arising in relation to the Competition will be owned exclusively by Silver Fern Farms and may be used by Silver Fern Farms for any purpose in accordance with these Terms and any Specific Rules for any Competition. You acknowledge and agree that Silver Fern Farms is not required to maintain any submitted information or data in confidence (subject to compliance with any privacy obligations), or respond to or provide any compensation, payment or reward for use of such responses, information or data submitted by you in relation to any Competition.
- If you are a winner then you agree that Silver Fern Farms may publish your name and identify you as a prize winner in any public communication or material regarding the Competition, and where the prize value exceeds $1,000.00, you further agree to take part in any related publicity reasonably required by Silver Fern Farms in connection with the Competition.
- Information may be used for the purposes of the Competition and any matter related or connected with the Competition, including, for prize winners, any related publicity and marketing material.
- personal data may be placed into a mailing database and used for general marketing and promotional purposes and profiling by Silver Fern Farms.
- To obtain a copy of each prize winner’s name for any Competition you have entered or a copy of these Terms or for any other enquiries in relation to any Competition, please mail your request along with a stamped, self-addressed envelope to: Silver Fern Farms Limited, PO Box 941, Dunedin 9054, New Zealand or 283 Princes Street, Dunedin, 9016 or email email@example.com. Requests relating to a Competition must be received within a reasonable time of the relevant Competition closing and Silver Fern Farms will not be liable for any failure to respond within any timeframe.
- You acknowledge and agree that each Competition is hosted by Silver Fern Farms and is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram or any other platform used to advertise or promote the Competition.