1 These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about prizes and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions. Participation in Kathmandu Summit Club (and, consequently, participation in this competition) is subject to the terms and conditions which apply to the Kathmandu Summit Club available at https://www.kathmandu.co.nz/summit-club-terms-and-conditions, as amended from time to time.
2 Your entry must be received during the Competition Period. Your entry is deemed to be received only when received by the Promoter’s database. If you return a Qualifying Purchase your entry may be deemed invalid at the Promoter's discretion (unless product is defective). If you do not present your Kathmandu Summit Club card in Store or are not signed into your Kathmandu Summit Club account online at the time of your purchase during the Competition Period your entry will not be received. The Promoter is not liable for any problems with communications networks. You are responsible for your own costs associated with entering. If you enter using automatically generated entries or multiple aliases you may be disqualified.
3 If you win, your prize will be 1 of 200 Single Day ski passes to any one of Mt Hutt Ski Field, Remarkables Ski Field or Coronet Peak Ski Field (valued at up to NZ $129.00 each).
4 If an event or activity included in the prize is abandoned, called off or postponed for any reason, you forfeit your entitlement to the prize and you will not be given any cash or alternative tickets as a substitute for attending the event or activity.
5 In order to be awarded the prize, you must be a member of the Kathmandu Summit Club at the time of the prize being awarded.
6 If you are a winner, you must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation. You consent to the Promoter using your names and images in any promotional or advertising activity.
7 You accept that some aspects of the prize are inherently risky and that the prize involves dangerous activities.
8 In order to participate in the activity awarded as the prize, you must comply with any applicable conditions. You must ensure that you are healthy and fit enough to take the prize. You must follow all requirements of the people responsible for managing the relevant activities.
9 You must, if required by the Promoter, sign disclaimer and release forms provided by the Promoter in favour of the Promoter and other parties before taking the prize. If you do not sign, your entry will be deemed invalid and you will lose any entitlement to a prize.
10 If you or your entry are deemed by the Promoter to breach these Terms and Conditions, your entry (or at the Promoter's discretion, all of your entries) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction the validity of your entries (including documentation establishing your identity, age, place of residence and place of employment). Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.
11 You must not:
(a) tamper with the entry process;
(b) engage in any conduct that may jeopardise the fair and proper conduct of the competition;
(c) act in a disruptive, annoying, threatening, abusive or harassing manner;
(d) do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition;
(e) breach any law; or
(f) behave in a way that is otherwise inappropriate.
12 If you, in the opinion of the Promoter (and/or a medical professional, as required), are intoxicated, under the influence of alcohol or any other drug, behave aggressively or offensively, or behave in a manner which may diminish the good name or reputation of the Promoter or any of its related entities or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate, the Promoter may cancel the prize or restrict you from participating in any elements of the prize, at its discretion.
13 The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
14 The Promoter’s decision in connection with all aspects of this competition is final.
15 Prizes cannot be transferred or exchanged nor redeemed for cash. Without limiting any other term of these Terms and Conditions, all prizes must be taken as and when specified, or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in prize value. You agree that if a prize is unavailable for any reason the Promoter may provide another item of equal or higher value, subject to any necessary approval by the state/territory gaming authorities.
16 By entering, you request that your full address not be published.
17 If this competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected entries/entrants.
18 The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice.
19 These Terms and Conditions are governed by and construed in accordance with the laws of New Zealand and the parties agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
20 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
21 Subject to the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death suffered in connection with this competition or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
22 Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable for any loss of, damage to or delay in delivery of any part of the prize. Prizes will only be delivered to addresses in New Zealand.
23 The Promoter may communicate or advertise this competition using Facebook or Instagram. However, the competition is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You provide your information to the Promoter and not to Facebook or Instagram. You completely release Facebook and Instagram from any and all liability.
Collection and use of your personal information
a. how a person can seek access to the personal information the Promoter holds and seek the correction of such information; and
b. how a person can complain about a breach of privacy and how the Promoter will deal with such a complaint.