MY CHALLENGE (Programme)
TERMS AND CONDITIONS (Terms)
Last updated 19 July 2022
Please read the following Terms carefully. These Terms apply to the Programme offered by Dealer Co (NZ) Limited (trading as Challenge) (Challenge). The Terms may be amended by Challenge from time to time by updating the Terms on Challenge's website. Your continued participation in the Programme means you accept any amendments to the Terms.
1.1 In these Terms, unless the context otherwise requires:
Agent means the third party software technology provider engaged from time to time by Challenge to operate the Programme.
Marsello means Marsello Limited.
My Challenge Partner means the community organisation or organisations selected by Challenge to partner with Challenge and be eligible to receive donations (by way of Points) from Participants in accordance with the Programme.
Participant means you.
Participating Challenge Retailer means any Challenge service station in New Zealand that is participating in the Programme as notified by Challenge from time to time.
Points mean points collected from Qualifying Purchases that can be applied towards redeeming a Reward or donating towards a My Challenge Partner.
Promotional Material means any additional information relating to the Programme provided by Challenge from time to time.
Rewards mean the then current collection of rewards made available under the Programme as determined by Challenge from time to time in its sole discretion, being at this time limited to $5 or $10 (inclusive of GST) service station discount vouchers or fuel discount vouchers.
Qualifying Purchase means the purchase of goods or services (as determined by Challenge, from time to time, in its sole discretion) from a Participating Challenge Retailer site, excluding tobacco products, Lotto tickets, scratchies and any other items sold at the Lotto counter in any Participating Challenge Retailer, and any other product determined by Challenge in its sole discretion.
2. The Programme
2.1 Participants will be issued a Card in order to participate in the Programme. Participants may begin collecting Points immediately upon receipt of the Card.
2.2 In order to receive a Card and become a part of the Programme, Participants will be required to provide Challenge certain information. Participants agree that the provision of such information will be used by Challenge and the Agent in accordance with clause 7 of these Terms.
2.3 The Agent is the software technology provider to the Programme. The Participant agrees and acknowledges that Challenge accepts no responsibility for any cost, expense or liability caused or incurred by the Participant (whether direct or indirect) that results from an act or omission of the Agent, including (without limitation) any loss of Points, fuel discounts or rights to Rewards (or records and/or information relating to Points, fuel discounts or rights to Rewards). Challenge excludes all representations and warranties in relation to the Agent's services.
3. Conditions of Participation
3.1 Participants agree to be bound by these Terms and any other requirements set out in the Promotional Material relating to the Programme. In the event of any conflict between these Terms and the Promotional Material, these Terms shall prevail.
3.2 Only individuals may participate in the Programme.
3.3 The Programme is only available at Participating Challenge Retailers.
3.4 Points are non-transferrable, and will not be awarded for purchases made using fuel cards, including without limitation Challenge Gift Cards, Farmlands Cards, Farmlands Fuel Cards, MTA Vouchers, Challenge Commercial Card, Z Business Plus Cards, Cardlink or Rockgas Cards.
3.5 By participating in the Programme, Participants give Challenge permission to contact them about current promotions (without limitation, including any material in relation to the Programme). These promotions may be subject to additional terms and conditions (where applicable). You agree to provide your email address to Challenge under these Terms (and may in your discretion provide a mobile phone number which gives us permission to contact you via your mobile phone as deemed necessary by us).
3.6 Participants agree not to breach any law in participating in the Programme.
4. Points and My Challenge Partner Donations
4.1 Points will be collected for Qualifying Purchases and recorded by Challenge in its system. Participants can check their Points balance at any time by logging in to their My Challenge account. Challenge may (at its discretion) also advise any Participants that have subscribed for marketing of their current Points balance from time to time via the monthly programme update to the relevant Participant or any other marketing material that Challenge considers appropriate from time to time. Challenge makes no representations or warranties as to the storing of Participants' Points, and is not obligated to provide any information in relation to the Points to Participants.
4.2 Challenge reserves the right to determine the number of Points that will be awarded for any Qualifying Purchase without notice.
4.3 Points collected by a Participant will remain valid for 1 year from the date the relevant Points were awarded. Any expired Points will be removed from the Participant's account.
4.4 Challenge reserves the right to deduct any Points that:
(a) are recorded in error;
(b) it suspects to be fraudulently recorded or obtained; or
(c) are rewarded in relation to a transaction which was cancelled, voided, refunded or reversed, as determined by Challenge in its sole discretion.
4.5 At the times determined by Challenge in its sole discretion, Participants are able to donate their Points (which Challenge will exchange to monetary donations of fixed dollar amounts (determined in its sole discretion but otherwise in accordance with the Rewards system)) to their selected My Challenge Partners.
4.6 Challenge will keep a record of all donations made to each My Challenge Partner, and will pay the total amount of donations made to each My Challenge Partner on a six-monthly basis. Challenge accepts no responsibility for any cost, expense or liability caused or incurred by the Participant (whether direct or indirect) that results from an act or omission of a My Challenge Partner. Challenge makes no representations and provides no warranties as to how My Challenge Partners use any amounts they are donated.
5.1 A Participant who has accumulated sufficient Points may use their Points to redeem a Reward. Challenge may require the Participant to verify their identity in accordance with the protocols developed by Challenge, from time to time, before redeeming their Points.
5.2 The number of Points required for the redemption of a Reward claimed by a Participant will be deducted from the Participant's account, with the oldest Points being deducted first. Information on the number of Points required to obtain a particular Reward will be on display at Participating Challenge Retailers and available on the My Challenge website (updated by Challenge in its sole discretion from time to time). Challenge and/or the Participating Challenge Retailers are not required to provide notice of any changes and/or updates to the Rewards.
5.3 Points and Rewards cannot be used for, or towards, the purchase of tobacco products, Lotto tickets, scratchies or any other items sold at the Lotto counter in any Participating Challenge Retailer and cannot be exchanged for cash.
6. Fuel Discounts
6.1 As a part of the Programme, Participants are entitled to fuel discounts as set by Challenge from time to time in its sole discretion. Challenge may set maximum and minimum thresholds for fuel spends for which any fuel discounts may be applied to (in its sole discretion) and amend such thresholds from time to time without notice and these may differ in relation to the different types of Cards.
6.2 Subject to these Terms, fuel discount vouchers may be granted as Rewards under the Programme. These fuel discount vouchers can be applied in addition to any fuel discounts available under clause 6.1.
6.3 Subject to clause 6.2, any fuel discount offered under the Programme cannot be used in conjunction with any other fuel discount voucher or arrangement.
7. Use of Personal Information
7.1 Participants grant Challenge the right to collect personal information for the purposes of marketing communications and conducting the Programme, and agree Challenge may disclose such personal information to third parties including the Agent. Participation in the Programme is conditional on providing this personal information.
8.1 Any dispute relating to the Programme shall be referred directly to Challenge for a decision. Challenge's decision shall be final and binding.
9.1 Challenge reserves the right to suspend or terminate the Programme or a Participant's account at any time without prior notice.
9.2 Challenge will not be liable for any loss or damage whatsoever suffered (including but not limited to indirect or consequential loss) or personal injury suffered or sustained in connection with participation in this Programme or the suspension or termination of this Programme.
9.3 To the maximum extent permitted by law, all representations and warranties, whether 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 Programme are expressly excluded.
9.4 Failure by Challenge to enforce any of its rights at any stage does not waive those rights.
9.5 Challenge's decisions in connection with all aspects of the Programme are final.
9.6 Participants shall not assign any of their rights or interest under these terms to another part or individual.