Terms and Conditions Hot Lap

Merlin Hot Laps Terms & Conditions (“Conditions of Entry”) Schedule

Promotion: Merlin Hot Lap With Greg Murphy

Promoter: Chamberlain Australia Pty Ltd ABN 67 118 013 362, Unit 1, 73-75 Epping Road, North Ryde, NSW, Australia phone: +61 9424 2612

Promotional Period / Entry Period:

Start date: 20/08/2018 at 0:00am NZT
End date: 30/11/2018 at 11:59pm NZT

Eligible Entrants:

Entry is only open to New Zealand residents who:

are 18 years or over
are no taller than 185cms
are no heavier than 90kgs
have a waist measurement of 86cm or 34” or below;
are not pregnant or suffering from heart related or other medical condition which would make it dangerous to participate in the hot lap;
have made an Eligible Purchase, installed the Eligible Product and registered the warranty (as further described below);
have completed the applicable entry form for the Promotion; and

are not employees (or immediate family members of employees) of agencies/companies related to or involved in the Promotion (as further described in the Conditions of Entry below).

How to enter:

To enter the Promotion, the entrant must complete the following steps:

Step 1 Make an Eligible Purchase and install the Eligible Product

To be eligible entrants must:

make an Eligible Purchase. An “Eligible Purchase” is the purchase of any new Merlin Garage Door Opener for a price not exceeding its usual retail price (“Eligible Product”) via a participating Merlin dealer during the Promotional Period. Purchases from resellers or dealers which are not participating Merlin dealers will not be Eligible Purchases; and
install the Eligible Product before the end of the Promotional Period (with the finalised invoice having been issued to the entrant by the participating Merlin dealer and full payment having been received for the invoice before the end of the Promotional Period).

Step 2: Register The Warranty
Entrants must register the product warranty, by completing the warranty registration form online at https://www.gomerlin.co.nz/register-your-warranty/, before the end of the Promotional Period.

Entries permitted:

Limit one (1) eligible entry per person per Entry Period. The entrant is eligible to win a maximum of one (1) prize.

Total Prize Pool: Approx. NZD $8,700

Prize Description

Number of this prize

Approx. Value (per prize)

Winning Method

The prize· Two (2) x adult airline tickets to Queenstown

· 1 x hot lap in a race car with Greg Murphy for the winner only at Highlands Motorsport Park, Corner SH6 & Sandflat Road, Cromwell, Otago, New Zealand

· Three (3) nights’ hotel accommodation for two (2) people.

The prize will be provided within 12 months of the draw. The exact times and dates for provision of the prize will be set by the Promoter at its absolute discretion. The Promoter will provide the prize winner at least one month’s notice of these dates.

NZD 8,700

Prize draw

Airline tickets are domestic return tickets to Queenstown from the nearest airport to the winner’s home which is serviced by Air New Zealand. All costs associated with transfer from winner’s home to and from the nearest major airport will be the responsibility of the winner. If the winner chooses to arrange his/her own transportation to and/or from Queenstown, the winner will not be entitled to any cash compensation or other prize in substitution for the airline tickets. Any other associated costs not expressly included in the prize are the responsibility of the winner.

No part of this prize is exchangeable, redeemable for cash or any other prize, or transferable.

Winner must meet the criteria outlined in the Eligible entrants section above due to the restrictions of the race cars/passenger cabin space available and safety requirements.

This prize is for or relates to the prize outlined above.

The Promoter will advise the Winner of the date and time of the hot lap. The date and time of the hot lap is non-negotiable, and will be determined by the Promoter in its absolute discretion.

The ticket prizes are subject to the venue and ticket terms and conditions, including any applicable age restrictions. The Promoter and prize organisers hereby expressly reserve the right to eject any winner and/or his/her companion for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.

The winner acknowledges that motor racing is a dangerous activity, which may result in injury or death, and participates in the prize (including the hot lap) at his/her own risk. In order to participate in the hot lap, the winner: (a) must attend, undergo and pass any appropriate training, briefings, safety demonstrations, required medical tests and other requirements (including blood alcohol testing) of the Promoter and the prize supplier as determined by them in their absolute discretion; (b) must declare to the Promoter or the prize supplier any health-related issues that may affect his/her safe participation in the hot lap and obtain a written clearance from their doctor in this respect; (c) must not have any heart condition or history thereof, be pregnant or have any other medical conditions that would make it dangerous to participate in the hot lap; (d) must not be under the influence of any drugs or alcohol; (e) must comply with all directions of the Promoter, the prize supplier, the nominated driver and race officials; and (f) must wear all safety and other equipment required. The Promoter and/or the prize supplier in their absolute discretion (a) may nominate an alternative qualified driver for the hot lap, in the event that Greg Murphy is unavailable; (b) reserve the right to refuse to allow the winner to take part in any or all aspects of the hot lap if they reasonably believe the winner poses a safety risk or for any other reason; (c) may cancel the hot lap if the conditions are deemed dangerous. If the hot lap is varied or cancelled for any reason beyond the control of the Promoter, the Promoter will not be required to reschedule the hot lap, in which case no compensation will be offered or provided.

Winner notification:

The winner will be notified in writing within one (1) business day of the draw. The winners of the prize will be published on Merlin Facebook page on January 15, 2019.

Unclaimed prize: See Conditions of Entry below.

The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
The Promotion commences on the Start Date and ends on the End Date (“Promotional Period”). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
Valid and eligible entries will only be accepted during Entry Period.
Employees (and the immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. “Immediate family member” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
Draw
a) The prize draw will take place at 17a Arrenway Drive, Rosedale, Auckland 0632, at 12.30 pm NZT on the following date: – Monday, 14 January 2019:
b) The first valid entry drawn in the prize draw will be the winner of the prize specified in the Schedule above.
c) The winner of the drawn prize is determined by chance
All reasonable attempts will be made to contact the winner.
If any winner chooses not to take their prize (or is unable to), or does not claim a prize within three months of the draw or otherwise by the time specified by the Promoter, or is unavailable at the designated time for the prize, they forfeit the prize and the Promoter may, but is not obliged to, offer a substitute prize or award the prize to any other eligible entrant.
The value of the prize is approximate based upon the recommended retail value of the prize (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification, subject to any written directions of a regulatory authority.
Entrants’ personal information will be collected by the Promoter. Personal information will be stored on the Promoter’s database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant and sending commercial electronic messages to the entrant. The Promoter is bound by the information privacy principles in accordance with the Privacy Act 1993 and its privacy policy which is located at https://www.gomerlin.co.nz/privacy-policy/. The Promoter’s privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the information privacy principles or any other privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion, and may disclose the entrants’ personal information to third parties, including its contractors and agents, prize suppliers and service providers, to assist in conducting this Promotion, for the other purposes identified in the privacy policy, and as required under relevant legislation. If the entrant does not provide their personal information as requested, the Promoter may deem the entrant to be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia or New Zealand.
The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that the winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize.
For the purposes of public statements and advertisements, the Promoter may only publish the winner’s surname, initial and town/city or postcode of residence.
If a prize is provided to the Promoter by a third party, the prize is also subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
Except for any applicable guarantees provided for under the Consumer Guarantees Act 1993 and any guarantees or warranties expressly set out in these Conditions of Entry, any and all guarantees, warranties and representations, whether statutory or otherwise, relating to the Promotion or the prize are excluded to the maximum extent permitted by applicable law.
If for any reason any aspect of this Promotion or the prize is not capable of running or being provided as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to any applicable laws.
The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrants’ details (including an entrant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute prize will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter’s discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may, at the absolute discretion of the Promoter, render all entries submitted by that individual invalid.
The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum amount allowable by law).
The winning entrant will participate in and co-operate as required with all reasonable marketing and editorial activities of the Promoter relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed. The winning entrant acknowledges and agrees that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
Unless otherwise specified, a prize is a single event for the winner (and where relevant their guests) and cannot be separated into separate events or components.
The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
These Conditions of Entry are governed by New Zealand law.