Terms and Conditions

1. Ownership of this website

New Zealand Health Association Limited trading as Sanitarium Health & Wellbeing Company of 124 Pah Road, Royal Oak, Auckland 1023, New Zealand ("Sanitarium"), owns this website. Sanitarium, in conjunction with Ogilvy New Zealand operates this website.

The promoter is Sanitarium Health & Wellbeing Company.

By registering to use the Marmite website you agree to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, then you may not use this website. These Terms and Conditions may be updated from time to time, without notification. We recommend that you routinely review these Terms and Conditions.

2. Your acceptance of Terms of Use

Use and access of this website is subject to the terms and conditions contained in this document and elsewhere on this website (known collectively as "Terms of Use"). By browsing, accessing or using the services on this website, you are deemed to have read and accepted each of these Terms and Conditions and agree to the Terms of Use.

Entry

Information on how to enter, how to claim and details of prizes also form part of these Terms and Conditions. Your participation in this promotion constitutes acceptance of these Terms and Conditions.

1. Entry to the promotion is open to all current New Zealand residents/citizens who hold a current passport, presently living or travelling overseas who fulfill the entry requirements. Employees and their immediate families of Sanitarium and its associated parties are ineligible to enter the competition. "Associated parties" include, without limitation, the agents and contractors of Sanitarium that are involved in the promotion (including without limitation its development and conduct); and (b) the manufacture and/or distribution of Sanitarium products (including without limitation the manufacture of packaging. By entering this competition you represent that you are eligible to enter. Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or companies associated with this Promotion are also ineligible to enter. "Immediate families" means spouse, ex-spouse, de-facto spouse, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, natural or adopted child, and sibling or step-sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
2. The individual entering the promotion must be 18years of age or older at the time of entry to be eligible. Children under 18years are eligible to be included providing that the entry is under a parent or guardian’s name, that the parent or guardian is able to travel with the child and that parent or guardian is over 18years of age.
3. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter's sole discretion only.
4. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
5. Only one entry per person is permitted.
6. The promotion commences at 00.00:01am on 24/08/2010. Submissions close at 11.59:59pm on 31/10/2010.
7. No purchase is necessary to enter into the promotion. To enter visit www.marmite.co.nz and complete the online entry form including your full name, email address, phone number, tick the box that confirms you are 18years of age or older, and the box that states that you have read and agree to the Terms and Conditions.
8. Eligible entries will be judged in accordance with these Terms and Conditions. Successful entrants and associated material will be subject to extensive promotion and accordingly.
9. In entering, you must warrant that you not have a criminal record and consent to a New Zealand police check (and agree to complete and file any such necessary documentation) in order to confirm this.

Submission Criteria:

10. Submissions may be submitted from 00.00:01am on 24/08/2010 through to 11.59:59pm on 31/10/2010. After this time no further submissions will be accepted.
11. Submissions must comply with the following Terms and Conditions to qualify as a valid Submission:
    
    1. Entrant’s name must be consistent with that on their passport.
    2. Submissions must not contain or refer to any third party branded food or beverage products other than Sanitarium Marmite; it must not contain or reference any third party names, logos and/or trademarks.
    3. Your submission must not use images which are under copyright, unless you are the copyright holder.
    4. Stock photographs (i.e. photographs obtained from an image library or other such source) may be submitted as part of a submission, provided that the image rights are owned by the person submitting the image. Alternatively, stock photographs may be submitted as part of a submission if the person making the submission has obtained the necessary permission (either expressly or impliedly) from the proper owner of the image to use the image as part of the submission and in accordance with clause 14 below ("Third Party Approved Image").
    5. Submissions that do not comply with the Terms and Conditions or that otherwise contain prohibited, or inappropriate content as determined by the Promoter, in its sole discretion, will be disqualified and will not be considered eligible. The Promoter makes the final determination as to which Submissions are eligible to take part in this promotion and no correspondence will be entered into. The Promoter in its sole discretion has the right to automatically exclude entries that contain questionable content related to offensive language and/or third party products without further consideration and at its sole discretion.
12. When you submit any materials via the Promotion including text, video and images (“Content”), you, unless the Promoter advises otherwise, license and grant the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use, where the moral rights in respect of the Content are yours to assert. You warrant that you have the full authority to grant these rights.
    
    You agree that you are fully responsible for the Content you submit. The Promoter shall not be liable in any way for such Content submitted to the fullest extent permitted by law. The Promoter may not accept and/or remove any Content without notice for any reason whatsoever. Any submission that shows, displays and/or demonstrates any of the following may be forwarded to New Zealand police: You warrant and agree that: (a) you will not submit any Content that is unlawful, criminal or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, dangerous, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, offensive, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 14, or otherwise unsuitable for publication; (b) you will obtain prior consent from any person or property that appears in your Content; (c) you will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) your Content shall not contain viruses or cause injury or harm to any person or entity; and (e) you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
    
    Without limiting any other terms herein, you indemnify the Promoter for any breach of the above terms.
    
    
13. Subject to clause 13, all entries (which may include photographs) submitted become the property of the Promoter, excluding Third Party Approved Images, which will remain the property of the relevant third party. Entries will not be returned to any entrant. As a condition of entering into this promotion, each entrant licences the Promoter to use their entry in any media for an unlimited period for any reason including but not limited to future promotional, marketing or publicity purposes. Each entrant warrants to the Promoter that each piece of content within the entry (text, image, video) is the property of the entrant (excluding Third Party Approved Images) that does not infringe the rights of any third party, or in the case of Third Party Approved Images, that the entrant has the appropriate permissions and authority to use and otherwise deal with the Third Party Approved Image as necessary for the purpose of this promotion, and of this clause. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1993.

Judging Criteria:

14. In relation to the selection of the 100 Winners’ entries, all valid and accepted entries will be judged against the following Judging Criteria:
    
    The Judging Criteria with respect to the Submission is as follows:
    
    
    1. Original and creative
    2. In keeping with the values of the Sanitarium Marmite brand
    3. Popularity
    4. Number of votes

Selection of finalists:

15. The 100 Winners will be selected and announced to the public no later than 14/11/2010 by a judging process in which a panel of judges will evaluate each eligible submission based on the judging criteria (defined above). The judging panel will be selected and appointed by the promoter and will consist of Sanitarium Marketing employees only.
16. All Winners will be required to sign further legal documentation as and in the form reasonably required by the Promoter in its absolute discretion, including but not limited to a legal release and indemnity form, and documentation required to conduct a New Zealand Police Check.
17. All Winners are subject to verification, including without limitation, verification of eligibility through New Zealand Police Checks (to which you consent) and complete compliance with these Terms and Conditions. If attempted notification is returned as undeliverable, if a Winner cannot be verified, if a Winner does not agree to and sign the further legal documentation required by clause 16, if a Winner fails a New Zealand Police check (i.e. has a criminal record) or if a Winner is otherwise unable to accept their status as Winner, their selection as a Winner will be forfeited and an alternative Winner may be selected provided sufficient time remains, in the Promoter’s sole discretion.

Voting

18. Registered users will be able to vote online at www.marmite.co.nz from 00.00:01am on 24/08/2010 until 11.59:59pm on 31/10/2010.
19. In order to vote or comment, users must register online at www.marmite.co.nz
20. Registered users are allocated 3 votes per day only. However, only one vote is permitted per unique submission per day, and votes will not be carried over to the next day.
21. The Promoter reserves the right, at any time, to verify the validity of votes and voters (including a voter’s identity, age and place of residence) and to disqualify any voter who submits a vote that is not in accordance with these Terms and Conditions or who tampers with the voting process. The use of any automated voting software or any other mechanical or electronic means that allows an individual to automatically vote repeatedly is prohibited and will render all votes submitted by that individual invalid.
22. At the close of the Voting Period, each entrant will be given a total public vote score. The public votes will count towards the judges’ decision; however the judges’ decision is final and may not reflect public votes.

Prize Winners

23. The one hundred (“100”) prize Winners will be selected and announced to the public no later than 14/11/2010.
24. Some of the 100 Winners will receive a Panasonic video camera to record their journey, from preparation to arrival in New Zealand.
25. The prize is personal to the Winner himself/herself and is non-transferrable, non-transferrable and cannot be sold or exchanged for cash under any circumstances.
26. At the Promoter’s request, Winners must participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in promotional material or in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome).
27. The Promoter reserves the right to request Winners to provide proof of identity and residency at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of the Promoter.
28. Participants must comply with all requirements of the Promoter including requirements specified in the Terms and Conditions. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant invalid if the entrant:
    
    
    1. fails to establish their entitlement to enter the Promotion to the Promoter's satisfaction (including but not limited to the entrant having previous criminal convictions);
    2. tampers with or benefits from any tampering with the entry process or the operation of the Promotion;
    3. submits an entry which in the Promoter's opinion is not in accordance with these Terms and Conditions;
    4. acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person; or
    5. in the opinion of Promoter, engages in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter.


29. The Promoter’s decision in respect of these Terms and Conditions is final and no correspondence will be entered into.
30. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures 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 in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries.
31. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry, vote or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
32. Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage to prizes, including in transit
33. As a condition of accepting the prize, Winners may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
34. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used by the entrant.
35. The Promoter accepts no responsibility for any immigration implications that may arise from the prize winnings.
36. All entries received will remain property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. The Promoter may disclose entrants’ personal information to third parties, to its contractors and agents to assist in conducting this Promotion (including conducting Police Checks) or communicating with entrants. Entry is conditional on providing this information and by entering this promotion entrants agree to the use of this information as described. The Promoter may also, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. The Promoter is bound by the Privacy Act 1993. Entrants can request access to the personal information the Promoter holds about them by contacting the Marmite Consumer Contact Centre on phone number.
37. The Promoter is Sanitarium Health & Wellbeing Company, 124 Pah Road, Royal Oak, Auckland 1023, New Zealand Telephone Number 0800 100 257.

Prize

The prize is a one-way economy class flight from one of the following major international ports of departure ( click here for a full list) to Auckland, New Zealand, arriving on or about December 6th, 2010 only. The airline, flight itinerary, cost of flight is at the sole discretion of the promoter. Winners must make themselves available for travel on the dates notified to them by the promoter. It is the winner’s sole responsibility to arrange travel to the departure point and if required, travel from the arrival point (Auckland International Airport, New Zealand) to their chosen destination in New Zealand. The winner is responsible for the cost of their luggage and any extra costs charged. If a winner is refused permission to travel from their departure point and/or to enter into New Zealand for any reason whatsoever by the relevant authorities, they will forfeit their prize and any costs associated with this will be borne by that prize-winner. The promoter excludes all liability for any loss and/or cost associated with accepting this prize, including, but not limited to the following – delayed flights, mis-connected flights, mis-placed luggage etc

The prize- winner agrees to provide all relevant information (including but not limited to) personal contact details, travel details, passport details) in a timely manner to the promoter in order to accept and receive the prize, as requested by the promoter. Should this information not be provided in a timely manner, the prize-winner may forfeit their prize.

Prize Winners will be notified by Sanitarium to the address details provided by the prize-winning registered user. The judges' decisions are final and no correspondence will be entered into.

The promoter, its subsidiaries, officers, agents and employees will not be responsible or liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered in connection with the competition or the prizes in any way except for liability which cannot be excluded by law.

The promoter reserves the right to terminate or change the competition or its terms or any or all of the prizes at any time without notice.

3. Use of website

If you are aged less than 18 years of, you agree to seek parental or guardian consent to access and use this website. We recommend that parents or guardians supervise their children while using this website. Parents or guardians take full responsibility for their children’s activities on these sites.

You agree that you will only use this website for the purpose for which it has been created.

You must provide authenticated Sanitarium staff with your real name and contact details if asked and obey any website operational instructions given. All profile names and display names are subject to Sanitarium's approval, at its absolute discretion and no correspondence will be entered into.

Access to some services or content may require registration. This will result in you registering a user name and password that must be used whenever requested. That user name and password are personal to you and you agree at all times to maintain the confidentiality of your user name and password and not to disclose them to any third party. You agree that you are solely responsible for any use of the website by any person using your profile name and password. You agree to indemnify Sanitarium against any and all claims arising out of your failure to maintain the confidentiality of your profile name or password.

You may not use the website if you have ever been convicted of a sexually-related offence or have been previously banned from using the Sites.

You agree that Sanitarium, in its sole discretion, may terminate your password, account, or use of the website, for any reason whatsoever.

In the case of abuse of systems, other traders or the law, Sanitarium reserves the right to pass any information stored on its systems to the relevant ISP(s) or New Zealand Police to help prevent the abuse.

Your use of the website is at your sole risk. Sanitarium expressly disclaims all warranties, express or implied. Sanitarium makes no warranty that:

• The services provided will be uninterrupted, timely, secure, or error-free;
• The information provided on the website is error-free or reliable.

You are responsible for maintaining the confidentiality of any password you may provide. You are responsible for all uses of your password, whether or not authorised by you.

You agree that you will not:

• Use the website for any commercial purpose;
• Monitor, gather, or copy content on the website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
• Engage in any activities through or in connection with the website that may harm minors or are unlawful, offensive, obscene, threatening, harassing or abusive, or that violate any right of any third party;
• Engage in any activity that interferes with any user's access to the website or the proper operation of the websites;
• "Stalk" or otherwise harass or "spam" another trader;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, any part of the website;
• Impersonate any person or entity when using the website.
• Restrict or inhibit any other user from using or enjoying the website.

4. Modifications

Sanitarium may revise the Terms of Use at any time, without notice, by updating this website. All changes are effective from the date of posting the revised Terms of Use on this website. Any updated version of the Terms of Use will immediately supersede any prior version. We recommend re-visiting this page from time to time to review the latest Terms of Use. Certain provisions of the Terms of Use may be modified by local notices or disclaimers located on particular pages of this website.

Sanitarium may make changes to the material on this website at any time without notice. This website will only be available until December 31st, 2010.

5. Privacy and Security

These Terms and Conditions incorporate the Marmite Privacy and Security Policy. You should read this Policy in conjunction with these Terms and Conditions. Please click here to view the Marmite Privacy and Security Policy.

By entering into this competition you consent and will allow Sanitarium and/or its related companies and/or subsidiaries to collect, retain, use and/or disclose personal information about you to third parties, including but not limited to the prize supplier and/or as required by New Zealand regulatory authorities. This personal information may be collected, retained and securely held, including your name, and address for research, promotional, marketing and/or publicity purposes without compensation and that copyright of such material (if any) vests in Sanitarium. Entry into this competition is conditional on you providing your personal details to Sanitarium. You have the right to access your personal information held about you and request correction of any errors in it pursuant to the Privacy Act 1993.

6. Technical information

Each time you visit this website, our server collects some anonymous information, known as click-stream data, including the type of browser and system you are using, the address of the site you have come from and move to after your visit, the date and time of your visit, and your server's IP address. We may collect this information for statistical purposes to find out how the website is used and navigated, including the number of hits, the frequency and duration of visits, most popular session times, etc. We may use this information to evaluate and improve our website performance.

A cookie is a piece of information that our web server may send to your computer when you visit this website. The cookie is stored on your computer, but does not identify you or give us any information about your computer. A cookie helps us to recognise you when you re-visit our website and to co-ordinate your access to different pages on the website. Most Internet browsers allow you to erase cookies from your computer hard drive, to block all cookies, or to receive a warning before a cookie is stored.

7. Your rights and obligations

You agree that you will not use this website for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will not use this site to transmit or upload any material that contains viruses or any other harmful programs or that breach any laws including intellectual property or privacy rights, interfere with or disrupt this website or attempt to gain unauthorised access to any part of this website.

In order to use this website, it is your responsibility to procure access to the Internet, to pay any costs associated with that access and to acquire any hardware and/or software necessary to utilise the content on the website.

This website contains electronic communication facilities, personal webpage’s and other facilities for feedback by users to Sanitarium, interaction between users and communication to the Internet community at large. We recommend that parents or guardians supervise their children and the information they place on their personal web pages.

You agree to indemnify and hold Sanitarium and its directors, officers, agents, affiliates and employees harmless from any claim or demand made by any third party due to or arising out of your use of this website.

Unless specific provisions of legislation are quoted, Sanitarium does not make statements of the law in relation to any matter. The comments contained in this website about the law are summaries which may not be comprehensive or complete and should not be relied upon as legal advice. If you wish to know the law, you should either go to the relevant legislation or obtain advice from a qualified professional such as a solicitor.

Sanitarium requires that you obtain its prior written approval before providing any link to this website. If such approval is given, you agree that you will not use any Sanitarium logo, trade mark or other proprietary graphic as part of such link without Sanitarium's prior approval.

9. Liability

Your use of this website is at your own risk. Everything on the website is provided "as is" without any warranty of any kind.

Reasonable efforts are taken to ensure that the content on these sites is accurate and up-to-date. However, Sanitarium makes no warranties or representations about accuracy, correctness, reliability or completeness of the information provided. All information contained on this website is provided as a convenience to you. Neither Sanitarium, nor its respective directors, officers, agents, affiliates or employees, accept any liability, direct or indirect, for any injury, loss, claim, damage or any incidental or consequential or exemplary damages, arising out of or in any way connected with the use of the sites or any information contained on these sites except for liability which cannot be excluded by law. If Sanitarium is liable for breach of any implied warranty or condition that cannot be excluded, then in any event Sanitarium's liability shall be limited to, at Sanitarium's option: (a) in the case of goods, replacing or repairing the goods; or (b) in the case of services, either re-supplying the services or paying for the costs of re-supplying the services.

Sanitarium assumes no responsibility for any technical malfunction, error, omission, interruption, deletion, delay in operation or transmission, communication line failure, virus, bug, tampering, theft or destruction or unauthorised access to the site, or any injury or damage to any person's computer related to the use of the site, or the streaming of material or downloading of any software/material (where permitted) from the site.

Sanitarium is not responsible for the content of websites linked to or from this website that are not owned by Sanitarium. Any links provided are for your convenience only and are not an endorsement of the other companies or products referred to on those other websites. Sanitarium has no responsibility for the condition, content or operation of any such other websites and shall not be liable for any damages or injury arising out of or resulting from access to or use of such websites. If you click on a link to another website, you do so entirely at your own risk.

Sanitarium, its owners, subsidiaries, officers, agents and employees will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered in connection with the Marmite competition, entry and prizes in any way except for liability which cannot be excluded by law.

Sanitarium shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages that may result from website usage, or the inability to access the website.

You agree to indemnify and hold Sanitarium and its subsidiaries, officers, agents and employees harmless from any claim or demand made by any third party due to or arising out of your use of the website.

10. Intellectual property

All material and content on these websites, including but not limited to any and all trademarks, service marks, designs, products, software, images, sound and video recordings (whether streaming or downloadable), content downloads, and other audio/visual materials, are subject to protection under copyright, trademarks and/or other intellectual property laws, and are the property of Sanitarium or used by Sanitarium under licence by the relevant owner. Any unauthorised use of such intellectual property is prohibited and is a breach of these Terms of Use.

11. Copyright

Copyright entitles the owner to the exclusive right to copy and reproduce the materials. Copying or reproducing the materials may infringe the copyright. You are only permitted to download, display, print or reproduce the materials in unaltered form for personal use, non-commercial use, research or study, and provided you agree to refer to Sanitarium as the owner of the copyright in such material. Commercial use of the material is not permitted.

12. Interpretation

All references to dates and times are to New Zealand date and time.

These terms and conditions shall be governed by and construed in accordance with of the laws of New Zealand. You irrevocably and unconditionally agree to submit to the non-exclusive jurisdiction of the courts of New Zealand. If any provision of these terms and conditions shall be unlawful, void or for any reasons unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

13. Entry and prize

Entry into the Marmite competition deems acceptance of the Terms of use and prize allocation. Any unclaimed prize(s) will be re-drawn on the last day of the promotion. No prize(s) is/are able to be claimed at any later stage, and no prize(s) are able to be claimed by persons other than the named prize winner. Sanitarium takes no responsibility for any lost or unclaimed prizes. Prizes are not transferrable or redeemable for cash or any other equivalent. Sanitarium reserves the right to change any or all of its prizes at any time.