SUBCARD® MONTHLY PROMOTION OFFICIAL RULES
1. PROMOTION PERIOD
The SUBCARD® Monthly Promotion (the “Promotion”) begins at 12:00 am New Zealand Standard Time (“NZST”) on September 1, 2016 and ends at 11:59 pm NZST on August 31, 2017 (the “Promotion Period”). The Promotion Period consists of twelve (12) separate monthly entry periods (each, an “Entry Period”). Each Entry Period starts at 12:00 am NZST on the first day of a calendar month and ends at 11:59 pm NZST on the last day of that calendar month.
Open only to legal residents of New Zealand who are 13 years of age or older, as of date of entry (“Eligible Entrant”). Eligible Entrants ages 13-17 years must have parental/guardian approval to enter and further, the parent/guardian of the Eligible Entrant must read and consent to these Official Rules. Parent/guardian may be required by the Sponsor to enter into a further agreement as evidence of consent to his/her minor child/ward entering this Promotion. Employees of Subway Franchisee Advertising Fund Trust, B.V. ("Sponsor"), SUBWAY® restaurants, Subway IP, Inc., Simplicity Australasia Ltd. (“Administrator”), Franchise World Headquarters, Independent Purchasing Company (Australasia) Limited (“IPCA”), and any of their affiliates, shareholders, directors, agents, parents or subsidiaries, advertising and promotion agencies (collectively with Sponsor, the “Promotion Entities”) and members of their immediate families (spouses, parents, children, and siblings and their spouses), are not eligible. Void outside New Zealand and where prohibited by law. All applicable local laws and regulations apply.
3. HOW TO ENTER
Present and swipe your registered SUBCARD® each time you make a purchase of any SUBWAY® sandwich, salad or wrap (“Qualifying Purchase”) during the Promotion Period at a participating SUBWAY® restaurant in New Zealand (“Entry”), to be automatically entered into that month’s Entry Period only. Limit one (1) Entry per person, per transaction. Entries must be received within an Entry Period to be eligible for that monthly Entry Period’s prize draw only. Entries will not be carried forward into any subsequent monthly Entry Period’s prize draw(s).
4. PRIZE DRAWS
Two (2) First Prize winners, one (1) Second Prize winner, one (1) Third Prize winner and one (1) Fourth Prize winner will be randomly selected approximately seven (7) days after the end of each Entry Period, from among all eligible Entries received for each Entry Period. Odds of winning depend upon the number of eligible Entries received for each Entry Period. Prize Draws will be conducted by Administrator whose decisions are final and binding on all matters relating to this Promotion. Potential winners will be notified by phone/email and may be asked to provide additional information for eligibility verification. In the event a minor wins a prize, prize will be awarded to minor’s parent/legal guardian.
5. PRIZES & APPROXIMATE RETAIL VALUES (“ARVs”)
Twenty-four (24) First Prizes (two per monthly Entry Period) – An NZD$100 SUBWAY® eGift Card; Twelve (12) Second Prizes (one per monthly Entry Period) – An NZD$100 Kathmandu eGift Card; Twelve (12) Third Prizes (one per monthly Entry Period) – An NZD$100 Rebel Sport eGift Card; Twelve (12) Fourth Prizes (one per monthly Entry Period) – An NZD$100 Red balloon eGift Card. eGift Card Terms and Conditions apply. Limit one prize per person/household per monthly Entry Period.
6. GENERAL RULES
Prizes consist of only those items specifically referenced as part of the prize. The Sponsor reserves the right to substitute prize with a prize of comparable or greater value if the prize cannot be awarded as described for any reason. Prizes are nontransferable and no cash substitutions are allowed except by the Sponsor, who reserves the right to award a prize of equal or greater value if advertised prize is unavailable for any reason. All applicable taxes are the sole responsibility of winners. By participating and/or winning a prize, Eligible Entrants/winners agree to be bound by these Official Rules and the decisions of the Administrator. The Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the Promotion process; violates the official rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Entries generated by script or bot are not eligible. In the event of a dispute as to the identity of an Eligible Entrant, the authorized account holder of the SUBCARD® used to enter, if applicable, will be deemed to be the Eligible Entrant. Neither the Sponsor nor Promotion Entities assume any responsibility for incorrect or inaccurate capture of Entry information including, but not limited to, technical malfunctions, human or technical error, printing errors, lost/delayed/garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software, Entries that are incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules or any combination thereof. In the event this Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, the Sponsor reserves the right to cancel, terminate or suspend the Promotion and in such event to select remaining winners by prize draw from among all eligible Entries received for that Entry Period prior to such time of cancellation, termination or suspension. Eligible Entrants agree to be bound by these Official Rules and the decisions of the Administrator. Sponsor and Promotion Entities shall have no liability or responsibility for any claim arising in connection with participation in the Promotion or any prize awarded. Winners assume all liability for any injury or damage caused, or claimed to be caused, including death, by participation in the Promotion or use or redemption of any prize. Acceptance of any prize constitutes permission to use winners’ names and likenesses for publicity purposes without further compensation except where prohibited by law. Sponsor is not responsible for any typographical or other error in the printing of the Promotion materials or the offering or announcement of the prizes.
By entering this Promotion, Eligible Entrants agree to abide by these Official Rules as stated herein and the decisions of Sponsor and/or Administrator, which are final and binding in all matters pertaining to this Promotion. Except where prohibited, by participating in the Promotion, Eligible Entrants agree that the Promotion is governed by, and will be construed in accordance with, the laws of New Zealand, and the forum and venue for any dispute shall be in New Zealand. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by International Centre for Dispute Resolution or its successor (“ICDR”), an affiliate of the American Arbitration Association, in accordance with the United Nations Commission on International Trade Law (“UNCITRAL”) Arbitration Rules its Arbitration Rules and Procedures or subsequent versions thereof (“UNCITRAL Rules”). The remedy for any claim shall be limited to actual damages, and in no event shall an Eligible Entrant or any other party be entitled to recover punitive, exemplary, special, incidental, indirect and consequential damages or any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs, nor will an Entrant or any party be entitled to have damages multiplied or otherwise increased or to rescind this agreement or seek injunctive or any other equitable relief. Eligible Entrants agree that the statute of limitations for asserting any claims shall be a period of one (1) year from the end date of the Promotion Period. Eligible Entrants agree that any and all disputes, claims, and causes of actions arising out of or connected with the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any Eligible Entrant, Eligible Entrant and/or Sponsor shall be governed by and construed in accordance with the laws of New Zealand without reference to conflict of laws principles. If any provision or provisions of these Official Rules shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
8. PRIVACY / USE OF PERSONAL INFORMATION
Please note, if Eligible Entrant, is considered a minor in his/her jurisdiction of residence [generally, a minor is under eighteen (18) years of age], Eligible Entrant must first get their parent/legal guardian's permission before participating in the SUBCARD® MONTHLY PROMOTION (if a minor, Eligible Entrant’s parent/legal guardian) agrees to the SUBCARD® MONTHLY PROMOTION Privacy Statement and Official Rules located at: www.subway.co.nz/subcard.
The Administrator and/or Sponsor may gather Personal Information provided by Eligible Entrants online for the purposes of conducting and managing this Promotion and may, for this purpose, disclose such Personal Information to third parties, including but not limited to agents, contractors, service providers, prize suppliers, and if required, to any regulatory authorities. “Personal Information” may include, but is not limited to: name (full name or first initial and last name), maiden name, nickname, email address, home address, home postal code, home telephone number, mobile telephone number, date of birth, photographic images (especially of face or other identifying characteristics, such as, but not limited to: eye, skin, and hair colour, facial features, personal marks such as, but not limited to: tattoos, birthmarks, moles, and scars, as well as, video and voice recordings. Personal Information is only collected when volunteered by an Eligible Entrant, at the time Eligible Entrant enters the SUBCARD® MONTHLY PROMOTION. If Eligible Entrant does not provide Administrator and/or Sponsor the requested Personal Information required to enter the SUBCARD® MONTHLY PROMOTION, Eligible Entrant will not be able to participate in the SUBCARD® MONTHLY PROMOTION. By participating in the SUBCARD® MONTHLY PROMOTION located at: www.subway.co.nz/subcard, the Administrator and Sponsor, feel that Eligible Entrant should know how the Administrator and/or Sponsor may collect, use, share, and protect Eligible Entrant's Personal Information. The SUBCARD® MONTHLY PROMOTION Privacy Statement located at: www.subway.co.nz/subcard, describes, among other things, the types of Personal Information that may be collected from Eligible Entrant, how the Administrator and/or Sponsor may use Eligible Entrant's Personal Information, when the Administrator and/or Sponsor may share Eligible Entrant's Personal Information, who Eligible Entrant's Personal Information may be shared with, how the Administrator and/or Sponsor protect Eligible Entrant's Personal Information when Eligible Entrant enters the Promotion, how Eligible Entrant may opt-out, access, update, or correct Personal Information Eligible Entrant provided Administrator and/or Sponsor upon entering the Promotion, how and/or who Eligible Entrant may complain to if Administrator and/or Sponsor breach any applicable law regarding the Promotion, and how Administrator and/or Sponsor may deal with such complaints. The SUBCARD® MONTHLY PROMOTION, Privacy Statement also applies to any Personal Information Eligible Entrants may provide to Administrator and/or Sponsor offline, such as, any Personal Information the Eligible Entrant may provide to the Administrator and/or Sponsor at a live event, during verification procedures, or any other instances in which Administrator and/or Sponsor may collect Personal Information from Eligible Entrants offline, solely regarding the SUBCARD® MONTHLY PROMOTION. Upon entering the SUBCARD® MONTHLY PROMOTION, the Sponsor, SFAFT BV, may ask Eligible Entrant to Opt-In (which requires Eligible Entrant’s express consent), to receive specifically requested opt-in information or materials by Eligible Entrant, such as, but not limited to: coupons, newsletters, informational materials, marketing communications, or other special sweepstakes, promotions, etc., or other offers, from SFAFT BV, its affiliates within, the FAF Group and/or the SUBWAY® Group, or third-party service provider, Customer Portfolios LLC (“CP”), located in Boston, Massachusetts, United States of America (USA). If Eligible Entrant does not specifically check the Opt-In box, Eligible Entrant will only be contacted by the Administrator, and/or Sponsor, SFAFT BV for the purpose of administering the SUBCARD® MONTHLY PROMOTION. By participating in the SUBCARD® MONTHLY PROMOTION, Eligible Entrant hereby consents to the collection, use, and disclosure of Eligible Entrant's Personal Information provided to Administrator and/or Sponsor by Eligible Entrant, solely in connection with the SUBCARD® MONTHLY PROMOTION Terms and Conditions. Eligible Entrant further acknowledges that Eligible Entrant has read, understands, and accepts, the SUBCARD® MONTHLY PROMOTION Privacy Statement available at: www.subway.co.nz/subcard. SFAFT BV’s role in the SUBCARD® MONTHLY PROMOTION is limited to promoting the Promotion, drafting the rules for the Promotion, notifying and verifying prize winners, and fulfilling prizes. For further information regarding SFAFT BV’s full privacy practices and procedures, please see SFAFT BV’s Privacy Statement located at: https://www.subway.co.nz/Privacy-Policy. SFAFT BV hired Simplicity Australasia Ltd. to run and administer the SUBCARD® MONTHLY PROMOTION on behalf of SFAFT BV. Simplicity Australasia Ltd.’s role is limited to collecting and storing Entries and conducting prize draws. SFAFT BV urges Entrant to review Administrator, Simplicity Australasia Ltd.’s full privacy practices and procedures located at: https://www.subway.nz.simplicitycrm.com/library/privacypolicy/Simplicity_Privacy_Doc_Subcard_V2.html. SFAFT BV’s third-party service provider, Subcard® NZ Limited (“SNZ”), manages the SUBWAY® Card website. SFAFT urges Entrant to review SFAFT’s third-party service provider, SNZ’s, full privacy practices and procedures located at: https://www.subway.co.nz/SubCard/Privacy-Policy. SFAFT BV’s third-party service provider CP, located in the USA, may send Eligible Entrant opt-in information or materials specifically requested by Eligible Entrant at the time of entering the SUBCARD® MONTHLY PROMOTION, on behalf of SFAFT BV. SFAFT BV urges Eligible Entrant to review third-party service provider CP’s, full privacy practices and procedures located on their website at: http://www.customerportfolios.com/privacy-policy/#privacy, or any other Promotional Partners listed in these Official Rules.
By entering the SUBCARD® MONTHLY PROMOTION, each entrant (if a minor, Eligible Entrant’s parent/legal guardian) agrees to the publication, reproduction and/or other use of his/her name, address, voice, image, statements about the SUBCARD® MONTHLY PROMOTION, photograph and/or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor, solely regarding the SUBCARD® MONTHLY PROMOTION, including, but limited to: print, broadcast, the internet (including social media), and on the SUBCARD® MONTHLY PROMOTION winners’ list.
9. WINNERS LIST
The names of all winners will be posted at www.subway.co.nz/subcard, by no later than October 31, 2017.
Subway Franchisee Advertising Fund Trust, B.V., Prinsengracht 13 Amsterdam 1015 DK Netherlands
Simplicity Australasia Ltd., Level 1, 14 Triton Drive, Albany, New Zealand.