TROLLEY SERVICES AUSTRALIA PTY LIMITED – NEW ZEALAND COMPETITION TERMS & CONDITIONS

1. “Competition” means the Trolley Tracker™ Competition in New Zealand as described in these Terms and Conditions.
2. “Entrant” means a person who validly enters a Competition during its respective Registration Period and is not ineligible to enter pursuant to clause 16 and/or 17.
3. “NZD” means New Zealand Dollars.
4. “Participating Retailer” means a retailer who is participating in the Competition and is listed at www.trolleytracker.co.nz.
5. “Privacy Act” means the Privacy Act 2020 as amended or substituted by Act of Parliament and includes any regulations thereunder.
6. “Prize” means a $1,000.00 NZD open order, groceries-only voucher (valid for 3 years from date of drawing) from the Participating Retailer whose trolley was reported by an Entrant in the winning entry.
7. “Promotion” means each operating term of the Competition.
8. “Registration Period” means duration of each Promotion for each respective Participating Retailer.
9. “TSA” means Trolley Services Australia Pty Limited.
10. “Website” means www.trolleytracker.co.nz.

11. Trolley Tracker™ operates a Competition whereby prizes are awarded to members of the public who have made submissions to TSA, reporting the location of wayward shopping trolleys so they can be collected and returned to stores.
12. The following Terms and Conditions apply to the Competition, and each Promotion of the Competition.

13. By submitting an entry into the Competition, all Entrants agree to these Terms and Conditions. By agreeing to these Terms and Conditions, all Entrants acknowledge having viewed the list of Participating Retailers.
14. These Terms and Conditions can be requested by mail at PO Box 670 The Junction NSW 2291 Australia; can be viewed on or downloaded from the Website; or by email request to info@trolleytracker.co.nz.

15. The commencement and closing dates of each Promotion, being the Registration Period of each Promotion, are based on the following:

16. Subject to clause 17 below, entry is only available to citizens and permanent residents of New Zealand.
17. A person must not enter the Competition, and in any event will be ineligible to enter into the Competition, if that person:
    a. is an employee or a family member of an employee of a Participating Retailer in any place where that Participating Retailer operates;
    b. is a contractor of TSA or an employee or family member of anyone engaged as a contractor of TSA;
    c. is an employee or a family member of an employee of TSA;
    d. entered on another person’s behalf;
    e. entered using a false or another person’s name; or
    f. fails to have their entry accepted by TSA under clause 18.

18. In order to enter the Competition, Entrants must (within a Registration Period) report a shopping trolley or trolleys belonging to a Participating Retailer (identifiable by reference to the branding on the handle or other portions of the trolley) where the trolley(s) is/are located outside the boundaries of the shopping centre and/or car park of the shopping centre from which the Participating Retailer trades or is likely to trade.
    a. For the avoidance of doubt, multiple trolleys from the same participating retailer at the same location are treated as one trolley and one entry.
    b. Entrants may report a shopping trolley(s) in accordance with this clause 18 via TSA’s phone number (+61 2 4926 2755); via online registration            at the Website; or via the mobile phone application known as Trolley Tracker Mobile.
    c. Subject to clause 19 below, TSA accepts an Entrant as having entered the Competition when that Entrant has provided their name and either            their telephone number or email address when reporting a shopping trolley in accordance with this clause 18.
19. TSA will not accept any entry that:
    a. is inaudible, incomplete or incomprehensible;
    b. contains content that is unlawful, profane, inflammatory, defamatory and/or damaging to the goodwill or reputation of TSA;
    c. fails to comply with clauses 16 and 17;
    d. is from the same entrant (or an entrant from the same household) who has earlier entered the Competition on the same day in relation to the          same location; or
    e. is deemed by TSA in its sole discretion to be a duplicate report regardless of whether the reported location is the same or not, and regardless            of whether the report is from the same person/household or not.
20. TSA reserves the right, in its sole discretion, to confirm the identity of the Entrant (including their age) and their eligibility to enter and claim a prize by requesting appropriate photo identification or other relevant documentation. If any documentation required by TSA is not received or an entry has not been validated to TSA’s satisfaction, then the entry/entries of that Entrant may be deemed invalid.
21. Entrants are solely responsible for notifying TSA of any change to their contact details. A request to access or modify any information provided via telephone or in the online registration form should be directed to TSA.
22. TSA accepts no responsibility for any late, lost (by either the Entrant or TSA or its staff) or misdirected entries. This includes (but is not limited to) electronic messages not received by TSA due to technical disruptions, network congestion or any other reason.

23. Each Entrant will be assigned a unique identification number. Each number is entered into a random number generator. Each month, the random number generator will draw an Entrant as the winner of the Competition for that month, (the “Winner”).

24. The monthly draws will occur at Level 6, 456 Hunter Street, Newcastle 2300, Australia based on the following:

25. TSA may draw additional reserve entries for each draw and record them in order in case an invalid entry or ineligible Entrant is drawn or if any eligible Entrant is unable to accept or declines to receive the Prize. The first eligible entry drawn (from all entries submitted in each Registration Period) will win the Prize.
    a. A draw will be held to award any Prizes which remain unclaimed 28 days after the “Date that winner will be notified by” shown in clause 24                above (the “Unclaimed Prize Draw”). The Unclaimed Prize Draw will take place at the same time and place as the original draw, subject to any            directions from a regulatory authority.
    b. In the event an invalid entry or ineligible Entrant is drawn or if any eligible Entrant is unable to accept or declines to receive the Prize or if TSA            is unable to contact the Entrant within 28 days of being notified, the Prize will be awarded to the first reserve entry drawn in the Unclaimed                Prize Draw. TSA will continue this process until all Prizes are awarded.
26. All Entrants acknowledge that TSA may rely on clauses 17, 19, 48 and 49 after TSA has awarded or announced, or appeared to have awarded or announced, the Prize to a Winner.
27. TSA reserves the right to demand the return of the Prize (or any part of the Prize) or payment of its value to TSA if clause 26 is invoked.
28. If, during a telephone call related to participation or entry in the Competition (including notification to the Winner), the telephone line drops out or breaks up TSA may proceed to the Unclaimed Prize Draw. In such event, TSA will not be responsible for the awarding of the Prize or any part of it to the Entrant/Winner whose line dropped out or broke up. 

29. TSA will only offer one $1,000.00 NZD voucher Prize for each Registration Period during the Competition.

30. Prizes are not transferable, replaceable or exchangeable and are not redeemable for cash, unless otherwise specified. TSA does not warrant the merchantability, suitability, or fitness for purpose of any goods or services purchased using the Prize.

31. Prizes must be taken as offered (i.e. be used on the dates specified in these Terms and Conditions or by TSA and/or the supplier of the Prize) and cannot be varied.

32. TSA will not be responsible or liable to a Winner if, for any reason beyond TSA’s reasonable control, the Prize, or any part of it is not provided.

33. If the Prize is unavailable, TSA, in its sole discretion, reserves the right to substitute the Prize with an alternative prize to the equal or greater value of the Prize, unless to do so would be prohibited by law and subject to any written directions from a regulatory authority. The Winner must also agree to the alternative prize in writing.

34. TSA will not reimburse the Winner or any related person of the Winner for any costs or expense arising out of in connection with participation in the Competition and the Prize. TSA accepts no responsibility for any tax implications that may arise from the Prize and therefore individual financial advice should be sought by Entrants.

35. In the event a Winner does not use any part of the Prize at the times stipulated by TSA or the supplier of the Prize, the Winner will forfeit the Prize. Cash will not be awarded in lieu of any part of the Prize.

36. The Winner must accept the Prize subject to any terms and conditions placed on it by the supplier of the Prize.

37. If a Prize remains unclaimed, despite TSA’s best efforts to contact the Winner, any unclaimed Prize will be the subject of the Unclaimed Prize Draw.

38. The Winner will be notified in writing by email or phone as soon as is practicable after the draw. Posters are displayed in all Participating Retailers naming the Winner for the previous month.
39. The name of the monthly Winner is published on the Website and TSA’s social media each month.

40. Each monthly Winner must collect the Prize from the premises of the particular Participating Retailer supplying the Prize within three months of the draw date. If the Prize is not claimed within that timeframe, TSA reserves the right to donate the Prize to a registered charity of its choice, or to re-draw that Prize (in TSA’s absolute sole discretion) in accordance with the Unclaimed Prize Draw provisions of these Terms and Conditions.
41. TSA may, at its sole discretion, before authorising the provision of the Prize to a Winner, require the Winner to:
    a. provide proof of identity or proof of entry validity in order to claim the Prize or any part of it;
    b. execute a Deed of Release and Indemnity in a form prescribed by TSA in order to participate further in the Competition and/or redeem the                Prize; and
    c. sign these Terms and Conditions in a form prescribed by TSA.

42. All Entrants acknowledge and agree that:
    a. it is a condition of entry that TSA may publicise the names, characters, likenesses or voices of any entrant for any promotion or matter                        incidental to the Competition;
    b. TSA may broadcast the Entrant’s entry;
    c. TSA may broadcast any conversations (telephone or other) between the Entrant and TSA;
    d. Entrants may be required to participate in photo, recording, video or filming activities (“Publicity Material”);
    e. TSA may use any Publicity Material in any medium (which includes but is not limited to the internet) and in any reasonable manner TSA sees              fit; and
    f. TSA may provide Publicity Material to a supplier of the Prize or to a Participating Retailer for the purposes of promotion or marketing.
43. Clause 42 will not apply if, at the time of entry, the Entrant advises TSA that they want to remain anonymous or limit the use of the Publicity Materials in respect of that Entrant.

44. By entering the Competition, all Entrants:
    a. assign, subject to clause 43, to TSA all rights including present and future copyright in their entry and the Publicity Materials in all media                      (including, without limitation, the internet) and whether in existence now or created in the future;
    b. agree not to assert any moral rights in respect of their entry and the Publicity Materials (wherever and whenever such rights are recognised)              against TSA, its assigns, licensees and successors in title; and
    c. undertake to TSA that their entry is not in breach of any third-party intellectual property rights.

45. To the extent permitted by law, all Entrants release TSA from, and indemnify TSA against, all liability, cost, loss or expense arising out of acceptance of any Prize(s) or participation in the Competition whether arising in tort (including without limitation negligence), contract or otherwise, including (but not limited to) loss of income, loss of
opportunity, personal injury and damage to property, whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.
46. Without limiting clause 45, all Entrants assume all risk for any loss or damage resulting directly or indirectly from the use or the inability to use the mobile phone application known as Trolley Tracker Mobile.

47. In the event TSA is unable to run the Competition as a result of any technical failures, unauthorised intervention, computer virus, telephone or communication failure, tampering, fraud or any other causes beyond the control of TSA which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Competition (the “Trigger Event”), TSA may (to the extent permitted by law):
    a. disqualify from the Competition any individual who (whether directly or indirectly) causes or contributes to a Trigger Event; and/or
    b. cancel, terminate, modify or suspend the Competition.
48. The use of any automated entry software or any other mechanical or electronic means that permits any person to enter the Competition repeatedly is prohibited.

49. TSA reserves the right to exclude (at TSA’s sole discretion) any person from entering or participating in the Competition for any reason, including but not limited to:
    a. TSA’s belief that a person may have deliberately removed a trolley from premises of the owner of that trolley in order to report it and enter                the Competition; or
    b. the preservation of the safety of TSA’s staff members or any other person or because TSA deems that the behaviour of a person may bring                TSA’s brand into disrepute or affect the integrity of the competition or the operation of the competition.

50. Personal information including the Entrant’s name, telephone number, and email address (“Personal Information”) will be collected and used by TSA for the purpose of conducting this Promotion and marketing purposes (when consented to by the Entrant) in accordance with TSA’s Privacy Policy available at http://www.trolleytracker.co.nz/ (and as updated from time to time).
51. The Personal Information supplied by Entrants when entering this Competition may be used and disclosed by TSA for the purposes stated in clause 50 in accordance with its Privacy Policy.
52. In addition to any uses that may be outlined in TSA’s Privacy Policy, TSA may, for an indefinite period, use the Personal Information collected as part of the Promotion for future marketing and promotional purposes, provided however that the Entrant has provided consent. TSA’s Privacy Policy, together with clause 43 of these Terms and Conditions, contains details as to how Entrants may opt out of this aspect of use of Personal Information.
53. Entrants may access, change, update, and/or remove their personal information from TSA’s database by contacting TSA or by sending an email to info@trolleytracker.co.nz. If Personal Information is removed prior to the conclusion of the Competition and/or award of prize(s), Entrants will forfeit their right to claim the Prize.
54. TSA will comply with the requirements of the Privacy Act 2020, and in particular the information privacy principles set out therein.

55. Variation: To the extent permitted by law, TSA may vary these Terms and Conditions.
56. Termination: To the extent permitted by law, TSA may terminate this Competition. TSA will not award the Prize or any part of it if the Competition is terminated.
57. Final Decisions: To the extent permitted by law, all decisions and actions regarding the Competition and the Prize will be made by TSA and at TSA’s absolute discretion. All decisions of TSA are final and will not be subject to review.
58. Failure to Enforce: A failure by TSA to enforce any one of these Terms and Conditions will not give rise to a waiver of TSA’s rights to enforce that term or condition.
59. Additional Terms: Additional terms and conditions apply in relation to the Website and mobile phone application known as Trolley Tracker Mobile. These additional terms and conditions can be accessed by email request to info@trolleytracker.co.nz, or be viewed or downloaded from www.trolleytracker.co.nz.
60. Governing Law: These Terms and Conditions are governed by the law of New Zealand. TSA and the Entrants irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of New Zealand and waive any objection to that forum, including on the basis of forum non conveniens.