Terms and Conditions – Tipping Point Glass Tumbler Gift with Purchase

Conditions of Entry

1. Information on how to enter and gift with purchase details set out in all communications regarding the Tipping Point Glass Tumbler Gift with Purchase (Promotion) form part of the Conditions of Entry.
2. To enter, eligible entrants (see condition 6) must first purchase ONE FULL CASE (six bottles) OF ANY TIPPING POINT WINE via the tippingpointwines.co.nz website (see condition 7).
3. By participating in the Promotion, each entrant fully and unconditionally agrees to be bound by these Conditions of Entry and acknowledges that the decisions of the Promoter on all matters relating to the Promotion are final and binding and no correspondence will be entered into.
4. The "Promoter" is Constellation Brands New Zealand Limited (New Zealand Company No: 250695) of 6/46 Maki Street, Westgate, Auckland 0814.
5. The Promotion commences Wednesday, 5th October, 2022 at 00.01 (local time in NZ) and concludes on Sunday 23rd October 2022 at 23:59 (local time in NZ) or until the allocation of gifts is exhausted, at which time the promotion will be removed from the website (Promotion Period). No entries will be accepted outside of the Promotion Period, unless at the discretion of the promoter.
6. Entry into the Promotion is only open to entrants who meet the following eligibility requirements:
   1. who are residents of New Zealand and over the age of 18 years;
   2. who are not employees of the Promoter or the Promoter’s associated agencies or companies directly involved in the Promotion (as determined by the Promoter) and their immediate family members, who are ineligible to participate.

How to Enter

7. To enter, entrants must (during the Promotion Period) purchase any one case (six bottles) of Tipping Point Wine via the Tippingpointwines.co.nz website. Participants will receive two (2) tumblers per single transaction.   

Gift

8. The gift consists of a set of 2 (two) Tipping Point glass tumblers, with a total value of NZD$22.00.

Gift Fulfilment

9. The gift with purchase consisting of 2 (two) Tipping Point glasses as stated in Clause 8 above, will be sent directly to winners on, or around 25^th September, 2022 using the contact details provided at the time of purchase via the tippingpointwines.co.nz website.
10. The gift with purchase (as stated in Clause 8) will not arrive at the time of the case/s of wine purchased. The gift will be fulfilled separately in accordance with Clause 9.
11. No gift is redeemable for cash, exchangeable, or transferable. Each recipient accepts the gift 'as is' and acknowledges that the Promoter accepts no responsibility for any variation in the value of the gift.  
12. All valid claims for a gift and entitlements will be met unless they involve fraud or ineligibility. The Promoter reserves the right, and by their entry into the Promotion each entrant consents to the Promoter exercising this right, to validate and check the authenticity of entries and gift claims.  
13. The Promoter will use its best endeavours to provide the gift listed in Clause 8. If the gift stated in Clause 8 is unavailable for reasons beyond the Promoter’s control, the Promoter reserves the right to substitute that item for a gift of an equivalent value.
14. Gifts will only be delivered to the winner’s residential address in New Zealand. No delivery will be made to PO Boxes.

Limitation of Liability

15. Nothing in these Conditions of Entry limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Consumer Guarantees Act (Non-Excludable Guarantees).
16. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (and its associated agencies and companies and their respective directors, officers, employees and agents) is not liable to any person for any direct, indirect or consequential loss or damage whatsoever, including (without limitation) personal injury or property damage, suffered as a result of or arising from any person participating in the competition or in connection with winning (or not winning), using or benefiting from the gift.
17. If for any reason beyond the Promoter's reasonable control this Promotion is not capable of running as planned, for reasons including infection by government order, pandemic or other health related restrictions, computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the reasonable control of the Promoter which corrupts or affects the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion to cancel, suspend, modify or terminate this Promotion. The Promoter will not be liable for any claims arising out of or in connection with any suspension, modification or termination, except for any liability which cannot be excluded by law.

Personal Information and Privacy

18. The Promoter will collect personal information ("PI") to conduct the Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, Gift suppliers and, as required, to regulatory authorities. Entry is conditional on providing this PI and by entering the promotion the entrants consent to the use of their information as described.
19. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.constellationnz.com/privacy-policy. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of any applicable privacy law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of New Zealand (as noted in the Promoter’s Privacy Policy).

General Terms

20. The Promoter’s failure to enforce any term of these Conditions of Entry shall not constitute a waiver of that or any other provision by the Promoter.
21. Any costs associated with entering the competition or associated with the use of the gift are the responsibility of the entrants.
22. Records of all entries become and remain the sole property of the Promoter.
23. The Promoter accepts no responsibility for any tax implications that may arise from the gift winnings or the use of the gift winnings. It is the responsibility of each entrant to seek independent advice on the possible implications this may have on their own financial situation.
24. Except where prohibited by law, participation in the Promotion constitutes a gift-winner's consent to the Promoter’s use of the gift-winner's name, likeness, opinions and address for: (1) any future promotional, marketing and publicity purposes in any media worldwide, without further payment or consideration or notice; and (2) any disclosure of such information by the Promoter required by law, and it is a condition of entry that in order to claim the gift, gift-winners must agree to execute any necessary consents and releases to effect the foregoing.
25. Prior to receiving a gift and being declared a winner, the entrant will be required to show proof of identity, e.g. passport or driver’s license, and sign a declaration of eligibility and acceptance of these Conditions of Entry as set out below.
26. Any cancellation, suspension or modification to the Promotion will be notified via the website: www.tippingpointwines.co.nz
27. If all or any part of any term or condition contained in these Conditions of Entry shall be declared or become unenforceable, invalid or illegal for any reason, such term or provision (or part thereof) shall be deemed severed from these Conditions of Entry to the extent of the unenforceability, invalidity or illegality and the other terms and conditions hereof shall remain in full force and effect as if the offending term or provision (or part thereof) had not been inserted herein.
28. The Promotion, these Conditions of Entry and all matters arising in relation to the same will be governed by the laws of New Zealand.