Terms and Conditions - Methven Handset Promotion

Background

1. Briefly about the Promotion. This Promotion allows participants to trial a Handset (Aio Handset Chrome, Waipori Handset White, Turoa Handset White) for $1 for 30 days ("Trial Period") and potentially qualify for a cashback of $50 on any product purchased from our Aio, Rua, Kiri, Koha, Maku, Minimalist, Surface, Tahi and Waipori ranges (excluding handsets, handsets with hoses, roses, wall showers and spare parts) purchased within 90 days of the date the Trial Period starts. Participants can trial up to a maximum of three handsets. Start date of the trial period is the date the product is shipped out. Eligible Participants can either:
   1. choose to purchase the Handsets at the end of the 30-day Trial Period by not returning it in the courier bag supplied for the purpose, in which case their credit card will be charged a further $245 for the Aio Handset Chrome, $135 for the Waipori Handset White, $179 for the Turoa Handset White; or
   2. return the Handset within 5 working days of the expiry of the 30-day Trial Period and qualify for a $50 cashback on any product purchased from the Aio, Rua, Futura, Kiri, Koha, Maku, Minimalist, Surface, Tahi and Waipori ranges (excluding handsets, handsets with hoses, roses, wall showers and spare parts). In order to get the discount, Eligible Participants must submit an Online Cash Back Request and attach Proof of Purchase (invoice) within 90 days of the date your Trial Period starts. The Online Cash Back Request form and proof of purchase must be submitted at www.methven.com/nz/cashback/.
   3. The $50 cashback is paid out only once and is limited to one payment per participant over the lifetime of the promotion.

   Full details of the Promotion are set out below.

2. What you need to know before using a Handset. Before signing up for the trial please check the following:
   1. ensure your shower has a hose connected to your shower handset. Handsets cannot be fitted directly to the wall;
   2. the Aio Handset works best with mains pressure water systems. For instance, all gas systems are mains pressure. For an electric system, please check your hot water cylinder label or check for an even flow rate between your hot and cold taps. The Waipori Handsets operate on unequal pressure.
3. Promoter. The promoter is Methven Limited of 41 Jomac Place, Avondale, Auckland, New Zealand ("Promoter").
4. Acceptance of Terms and Conditions. Information published by the Promoter on how to enter and about this Promotion forms part of these Terms and Conditions. By participating in this Promotion you are deemed to have accepted these Terms and Conditions.
5. Promotion Period. The Promotion commences 1st May 2017 and will continue unless otherwise stated by Methven by posting the end date on Methven's website ("Promotion Period"). Methven reserves the right to change or update these Terms and Conditions of this Promotion by posting the amended Terms and Conditions on Methven's website. Methven will notify you of the change or update by email using the email address you submitted in your entry. Participants can enter at any stage during the Promotion Period. No entries will be accepted outside of the Promotion Period.
6. Entry and Eligibility
   1. To be eligible to participate in the Promotion, you must be 18 years old, a New Zealand resident (residing in New Zealand) and be able to supply your valid credit card details ("Eligible Participant").
   2. Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with this Promotion, and their immediate families are ineligible to enter.
   3. In order to enter the Promotion, Eligible Participants need to go to the trial website landing page (www.methven.com/nz/methven-trial-handset) and register by providing their:
      1. full name;
      2. their email address (Email);
      3. their New Zealand residential address - this cannot be a PO Box number (Address);
      4. New Zealand telephone number; and
      5. valid credit card details
      • and click "Submit" to enter.
   4. In order to submit a valid entry, all information outlined in clause 6(c) must be provided upon entering the Promotion. Eligible Participants must ensure that the information supplied is correct as it will be used by the Promoter to communicate with them.
   5. Eligible Participants will receive a confirmation email that they have successfully entered into the Promotion, delivered to the email address supplied by the Eligible Participant upon registration.
   6. Eligible Participants who wish to trial more than one Handset may do so by either:
      1. submitting a new entry in accordance with clause 6c); or
      2. selecting to trial more than one Handset when entering the Promotion, with a maximum of two handsets per trial
   7. Each Eligible Participant can only make a maximum of three entries or trial a maximum of 3 Handsets. An Eligible Participant can only trial a Handset from each of the Aio, Waipori or Turoa ranges.
   8. The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant who is not eligible to enter, does not comply with these Terms and Conditions, including not returning the Handset in good condition, or tampers with the entry process. For the avoidance of doubt, a Participant who fails to comply with clause 9.c) in respect of a Handset may be disqualified from making another entry to trial another Handset.
7. $1 Trial Fee
   1. A non-refundable $1 fee (Trial Fee) will apply each time an Eligible Participant selects to trial for the Trial Period. The Eligible Participant must pay the Trial Fee upon submitting his or her entry on Methven’s website.
   2. The Trial Fee is not refundable.
8. Trial Period and Delivery of the Handset
   1. Upon receiving the payment of the Trial Fee the Promoter will deliver the selected Handset to the Eligible Participant via courier. Eligible Participants will also receive confirmation via email that the Handset has been received and that the Trial Period has commenced.
      The Trial Period commences on the day the Handset is delivered to the Eligible Participant and will end after 30 days.
9. Communication during the Trial Period and return of the Handset
   1. On delivery of the Handset Eligible Participants will also receive a return prepaid courier bag that will allow them to return the Handset to the Promoter should they decide not to purchase it at the end of the Trial Period.
   2. Eligible Participants will receive regular email updates in relation to the Promotion and, specifically in relation to the end of the Trial Period, which will be delivered to the email address supplied by the Eligible Participant upon registration.
   3. If the Eligible Participant does not wish to purchase the Handset, the Eligible Participant must send the Handset back to the Promoter in "good condition" using the prepaid courier bag supplied by the Promoter.
   4. If the Promoter does not receive the Handset within 5 working days of the end of the Eligible Participant's Trial Period, the Promoter will charge the credit card the Eligible Participant used to pay the Trial Fee with a further $245 for the Aio Handset Chrome, $135 for the Waipori Handset White and $179 for the Turoa Handset White ("RRP Price").
   5. If the Promoter considers that the Eligible Participant did not return the Handset in a good condition (acting reasonably), then the Promoter may charge the Eligible Participant a fee of up to the RRP of the relevant Handset ("Fee"). The Fee will be charged against the credit card that was used for payment of the Trial Fee.
   6. For the purpose of clauses 9(c) and (e), "good condition" means that the Handset must be returned:
      1. in as new condition, subject only to fair wear and tear associated with its normal use during the Trial Period; and
      2. in the original packaging which was provided with the Handset and any hose by the Promoter.
10. The cash back on any product from the our Aio, Rua, Kiri, Koha, Maku, Minimalist, Surface, Tahi and Waipori ranges (excluding handsets, handsets with hoses, roses, wall showers and spare parts)
    1. If Eligible Participants return the Handset in accordance with clause 9, they will be entitled to a cashback of $50 on any product purchased from the our Aio, Rua, Futura, Kiri, Koha, Maku, Minimalist, Surface, Tahi and Waipori ranges (excluding handsets, handsets with hoses, roses, wall showers and spare parts).
    2. The $50 cashback is paid out only once and is limited to one payment per participant over the lifetime of the promotion.
    3. In order to get the discount, Eligible Participants must submit an Online Cash Back Request and attach Proof of Purchase (invoice) within 90 days of the date your Trial Period starts. The Cash Back Request form and proof of purchase must be submitted at www.methven.com/nz/cashback/.
11. Title and Risk
    1. Risk in the Handset passes to the Eligible Participant upon his or her receipt of the Handset for the purpose of the Promotion.
    2. Title in the Handset remains with the Promoter throughout the Trial Period. Title passes to the Eligible Participant upon receipt of payment of the RRP by the Promoter.
12. Handsets
    1. All Handsets will be provided in new or as new condition to Eligible Participants. Receiving and purchasing a Handset in an as new condition does not in any way limit the Eligible Participant’s rights under the Consumer Guarantees 1993 or Methven’s manufacturer’s warranty set out in Methven’s website (www.methven.com).
    2. "As new condition" for the purpose of 12a) refers to Handsets that have been refurbished prior to being supplied to an Eligible Participant.

    General Terms

13. Consumer Guarantees Act 1993: Nothing in these Terms and Conditions is intended to exclude, restrict or modify any rights that a consumer may have under the Consumer Guarantees Act 1993. These Terms and Conditions are subject to those statutory provisions and will not affect any statutory right that an Eligible Participant may have in relation to the Handset.
14. Privacy Act 1993 and Unsolicited Electronic Messages Act 2007
    1. Eligible Participants agree to the Promoter using their personal information to conduct the Promotion, including to communicate with them about the Promotion (including by email or telephone) and about other offers from the Promoter if the Eligible Participant ‘clicks’ the opt in box on the entry form.
    2. All Eligible Participants' personal information will be held by the Promoter for the purposes of conducting the Promotion (which may include disclosure to third parties for the purposes of processing and conducting the Promotion). The Promoter will only retain an Eligible Participant's personal information to send updates on future promotions and other marketing communications if the Eligible Participant consents to it doing so.
    3. All entrants have the right to access their personal information and request correction of any errors in it pursuant to the Privacy Act 1993. Eligible Participants may access, and request correction of, their personal information held by the Promoter by contacting [email protected]
15. Use of information in media: Eligible Participants agree to participate in all publicity organised by the Promoter, including but not limited to, photographs and audio and/or visual recordings. Eligible Participants irrevocably consent to the Promoter using their likeness, name, image and/or voice in any media worldwide for an unlimited period of time without remuneration, for the purpose of promoting the Promotion, and promoting any products/services manufactured, distributed and/or supplied by the Promoter and agrees that the Promoter will own copyright in any such images, photograph/s and recordings and in all material incorporating the images and/or photograph/s and recordings, including on all social media platforms.
16. Intellectual Property: All trade-marks, text, images, and logos relating to the Promoter, affiliates, agents, or third parties involved in this Promotion and used in relation to it, are the exclusive property of the Promoter or those affiliates, agents and third parties and participation in the Promotion does not confer any rights to an entrant in or over or grant any right to use these.
17. Liability
    1. To the extent permitted by law and specifically subject to clause 10, the Promoter nor its affiliates, agents, directors or employees will be liable for any direct, indirect, special, consequential or other costs, expenses (including legal expenses), losses or damages whatsoever of any kind arising out of or in connection with:
       1. access to or use of the Methven website methven.com or any information contained in it; or
       2. the Promotion, including, without limitation, any loss arising out of an entrant not being eligible to enter or able to enter due to any technical malfunction or communication failure.
    2. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion. All entries are deemed to be received at the time of receipt by the Promoter's database and not at the time of transmission by the Eligible Participant. Records of the Promoter are final and conclusive as to time of receipt.
    3. Incomplete or indecipherable entries will be deemed invalid.
    4. The Promoter’s decision on all matters involving the Promotion is final and no correspondence will be entered into.
    5. If, for any reason beyond the Promoter's reasonable control, the Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Promoter, its affiliates or agents, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, the Promoter reserves the right, at its discretion, to cancel, terminate, modify, extend or suspend the Promotion.
    6. Any cancellation, termination, modification, extension or suspension of the Promotion will be notified on the Promoter's website at www.methven.com.
18. Partial Invalidity and Waiver
    1. If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable, then the remaining terms and conditions shall continue in full force and effect.
    2. The Promoter's failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that or any other provision by the Promoter.
19. New Zealand law. These Terms and Conditions and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with New Zealand law. Disputes arising out of or in connection with either the Promotion or these Terms and Conditions shall be subject to the exclusive jurisdiction of the New Zealand courts.