Challenge April 2019 Farmlands Fuel Card Promotion T&C

Please read the following Terms carefully. These Terms apply to the Promotion offered by Challenge for Farmlands shareholders to make a Qualifying Purchase and be in the draw to win 1 of 4 cash prizes of $1,000. Only Farmlands shareholders with a Farmlands Fuel Card are eligible for this Promotion. By participating, a Farmlands shareholder is deemed to accept these Terms.

Promotion Terms

1       This Promotion is valid only for the Promotional Period.

2       The Promotion is open to Farmlands Shareholders who are New Zealand residents and hold a Farmlands Fuel Card.  Employees of Farmlands and Challenge are eligible to participate if they are Farmlands Shareholders and all other eligibility criteria is satisfied.

3       A Farmlands Shareholder is eligible for one Entry for each Qualifying Purchase made by them during the Promotional Period. 

4       At the end of the Promotional Period, Farmlands will identify each Qualifying Purchase made during the Promotional Period (based on Farmlands Shareholders' Account records) and submit one Entry for each Qualifying Purchase made by a Farmlands Shareholder in the Prize draw. The Prize draw will comprise all eligible Entries, as determined by Farmlands. 

5       Farmlands will randomly draw 4 Entries from the Prize draw on 21st May 2019 (Draw Date) to identify the Prize-winners.  Each Farmlands Shareholder is only eligible for one Prize. If more than one winning Entry is for a particular Farmlands shareholder, each additional Entry will be disregarded and a new Entry will be re-drawn to identify a different Farmlands shareholder for that Prize. Once the 4 Prize-winners have been identified, Farmlands will provide the name and details of those Farmlands shareholders to Challenge.

6       Challenge makes no representations or warranties regarding the accuracy or completeness of Farmlands' records or identification of each Qualifying Purchase or Entry.   Challenge takes no responsibility for any act, omission, error or malfunction resulting in failure to record any eligible Qualifying Purchase or Entry.

7       Challenge reserves the right to request proof of a Prize-winner's eligibility if there is any doubt over his/her eligibility for the Promotion.

8       Challenge reserves the right for Challenge or Farmlands to remove any Entry that:

(a)        is recorded in error;

(b)        it suspects to be fraudulently recorded or obtained;

(c)        is rewarded in relation to a transaction which was cancelled, voided, refunded or reversed, as determined by Challenge in its sole discretion; or

(d)        is otherwise not in accordance with these Terms.

9       Any dispute relating to the Promotion shall be referred directly to Challenge for a decision. Challenge may consult with Farmlands if it considers appropriate but Challenge's decision on all matters shall be final and binding and no correspondence will be entered into in relation to any decision once it has been made.

10     Farmlands will contact the Prize-winners within 5 days of the Draw Date to notify them that they have won a Prize. Challenge will then contact the shareholder and confirm payment details. Challenge is otherwise not required to provide any information in relation to the Promotion, Qualifying Purchases, Entries, Prize-winners or Prize draw to any person. 

11     If a Prize-winner cannot be contacted within 5 business days from the date of the Draw Date by his or her provided contact details or other means, or the contact details provided on the Farmlands shareholder’s Account are incorrect, the Prize may, at Challenge’s sole discretion, be forfeited and re-drawn.

12     All Prizes will be paid out to the relevant Prize-winner on or before 31 May 2019. Prizes will be paid in full by electronic banking to the Prize-winner's nominated bank account for the purpose of contributing towards the cost of a relief/holiday farming assistant for the Prize-winner.

13     Challenge reserves the right to suspend, modify, cancel or terminate the Promotion at any time without prior notice and for any reason.

14     Challenge will not be liable to any person (including but not limited to any Farmlands shareholder, participant or Prize-winner) for any cost, expense, loss or damage whatsoever suffered (including but not limited to indirect or consequential loss) or personal injury suffered or sustained in connection with these Terms, this Promotion, participation in this Promotion or the suspension, modification, cancellation or termination of this Promotion, even if such cost, expense, loss or damage was reasonably foreseeable, and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.

15     To the maximum extent permitted by law, all representations and warranties, whether express or implied and whether arising under any legislation or otherwise, as to the condition, suitability, quality, fitness or safety of any goods or services supplied in relation to the Promotion are expressly excluded.

16     Failure by Challenge to enforce any of its rights at any stage does not waive those rights.

17     Challenge's decisions in connection with all aspects of the Promotion are final.

18     These Terms are governed by New Zealand law and any dispute arising out of or in connection with them will be subject to the exclusive jurisdiction of the New Zealand courts.

19     Farmlands shareholders grant Challenge the right to collect personal information for the purposes of marketing communications and conducting the Promotion, and may disclose such personal information to third parties in accordance with its privacy policy.

20     The Prize-winners each consent, and waive all rights (including copyright and moral rights), to Challenge using the Prize-winner’s name, likeness, image and/or voice (including photograph, film, and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Promotion, and promoting any products manufactured, distributed and/or supplied by Challenge.

21     Definitions: In these Terms, unless the context otherwise requires:

(a)        Account means any account provided by Farmlands to the Farmlands shareholder to record transactions and the supply and hire of goods to the Farmlands shareholder.

(b)        Challenge means Dealer Co (NZ) Limited (trading as Challenge).

(c)        Draw Date has the meaning set out in clause 5.

(d)        Entry means an entry in the Prize draw collated by Farmlands for the relevant Farmlands shareholder to win a Prize, in accordance with these Terms.

(e)        Farmlands Fuel Card means a Fuel Card issued by Farmlands or Farmlands Fuel Limited that is linked to the Farmlands shareholder's Account.

(f)         Farmlands means Farmlands Co-operative Society Limited.

(g)        Farmlands shareholder means a person recorded in Farmlands' share register as a shareholder/member of Farmlands or any other person that is the primary holder of an Account.

(h)        Participating Challenge Retailer means any Challenge service station in New Zealand that is participating in the Promotion as notified by Challenge from time to time.

(i)         Prize means 1 of 4 cash prizes of $1,000 each, including GST.

(j)         Promotion means the "Challenge Farmlands Fuel Card Promotion" offered by Challenge to Farmlands shareholders, as described in these Terms.

(k)        Promotional Period means the period from 12.00am on Monday 1 April 2019 until 11.59pm on Tuesday 30 April 2019 (inclusive).

(l)         Qualifying Purchase means any fuel purchase of at least $40 from a Participating Challenge Retailer site using a Farmlands Fuel Card during the Promotional Period.  For the avoidance of doubt, a fuel purchase includes any purchase of diesel or petroleum products but excludes the purchase of lubricants and other items from a Participating Challenge Retailer and there will only be one Qualifying Purchase per transaction. 

(m)      Terms mean these promotional terms, as amended from time to time by Challenge, in respect of the Promotion.