TERMS AND CONDITIONS

 

1. General

(a) Information on how to enter and the prizes form part of these terms and conditions (“Terms and Conditions”). Participation in the ‘Mastercard New Zealand Tap & Win - Contactless promotion’ (“Promotion”) is deemed acceptance of these Terms and Conditions.

(b) The promoter of the Promotion is Mastercard New Zealand Ltd (ABN 1893982) of Mastercard House, Level 3, 136 Customs St West, Auckland, 1010, New Zealand (“Promoter”).

2. Promotion Period. The Promotion will begin at 12:00 AM New Zealand Daylight Saving Time (“NZDST”) on 28 October 2024 and will close at 11.59 PM NZDST on 29 November 2024 (“Promotion Period”).

3. Entrant Requirements.

(a) Valid entry into the Promotion is only open to Mastercard cardholders of a New Zealand issued Mastercard debit, credit or prepaid card who (a) are a resident of New Zealand and are aged 18 years or older; and (b) have consented to receive marketing communications from their Mastercard Credit Card issuer i.e. bank/financial institution (“Eligible Entrant(s)”).

(b) Employees, contractors and subcontractors of Mastercard and immediate family members, employees, contractors, and subcontractors of the agencies or companies associated with the Promotion, and any other agencies associated with this Promotion are ineligible to enter and shall not be deemed Eligible Entrants. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin.

(c) By participating, the Eligible Entrant agrees to be bound by these Terms and Conditions, which can be found at: mastercard.co.nz/tap&win.

(d) The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

(e) If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.

(f) The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid.

(g) Without limiting any other terms herein, the Eligible Entrant agrees to indemnify the Promoter for any breach of the Terms and Conditions set out herein, to the fullest extent permitted by law.

4. Entry Requirements

(a) Eligible Entrants must complete the following steps during the Promotion Period to enter the relevant Daily Draw (as defined below):

a. An Eligible Entrant must use their Mastercard debit, credit or prepaid card issued in New Zealand to make a successful contactless purchase in New Zealand during the Promotional Period (each an “Eligible Transaction”). For clarity there is no minimum spend for an Eligible Transaction.

(b) Each Eligible Transaction made during the Promotion Period will constitute one (1) automatic entry into the respective Daily Draw (defined below) to be drawn on a weekly basis. There is no limit to the number of entries per Eligible Entrant, provided all conditions of entry are met. Notwithstanding this, each Eligible Entrant will however, only be eligible to win one (1) prize in connection with this Promotion. Mastercard cardholders will need to advise their issuer (card provider) of their desire to be excluded.

(c) Eligible Transactions exclude contactless purchases using a Mastercard corporate card program, or any Mastercard card issued outside of New Zealand; and any reversed, unsuccessful or failed transactions.

(d) Eligible Transactions exclude gambling, fees, cash withdrawals, account transfers and refunds.

(e) Any transactions made outside the Promotional Period will be ineligible for entry into the Promotion.

(f) Without limiting any other terms herein, the Eligible Entrant agrees to indemnify the Promoter for any breach of the Terms and Conditions set out herein.

5. Daily Draws, Prize and Prize Redemption

(a) There will be one (1) draw conducted for the entries received each day of the Promotion Period, for a total of 33 draws (“Daily Draws”). Subject to the starting and closing time of the Promotion Period, entries into each Daily Draw will open at 12am and close at 11.59pm each day based on NZDST. Each Daily Draw will take place at Mastercard House, Level 3, 136 Customs Street West, Viaduct Precent, Auckland, New Zealand 1010 at 11.00 AM NZDT on a weekly basis and as set out in the table below. Entries in each Daily Draw will NOT be entered into any subsequent Daily Draw(s).

 

 

(b) One (1) winner will be selected from each Daily Draw and will receive a Prezzee e-gift card with an individual load of NZ $2,000 (“Prize”). Each Eligible Entrant is only eligible for winning one (1) Prezzee e-gift card during the Promotion Period irrespective of the number of Eligible Transactions they complete.

(c) The “Prize Value” is NZ $2,000 for a Prezzee e-gift card. Thirty-three (33) Prezzee e-gift cards are awarded during the duration of the Promotion Period, hence, the total value of all Prizes is NZ $66,000.

(d) For each Daily Draw, the Promoter will select additional reserve entries, and record them in order, in case of an invalid entry or ineligible Entrant.

(e) A BIN/PAN number will be drawn from each respective Daily Draw by the Promoter and the respective card issuer of the Mastercard card used for the Eligible Transaction (“Issuer”) will be notified of the winning BIN/PAN number the next business day after the Daily Draw.

(f) Using the winning BIN/PAN number, the Issuer will verify the corresponding contact details of the provisional winner as saved with the Issuer, and will validate that the provisional winner is an Eligible Entrant for the purposes of the Promotion. The Issuer will also ensure that the provisional winner has provided consent to receive marketing communications.

(g) If the Issuer deems that a provisional winner is not an Eligible Entrant for the purposes of the Promotion, and/or that the provisional winner has not provided consent to receive marketing communications, the Issuer will notify Promotor, so Promoter can use a reserve entry from the same Daily Draw as described above, to identify a new provisional winner. The respective Issuer will be notified of the reserve entry BIN/PAN number and the process at (f) will then be repeated.

(h) If provisional winner(s) are verified to be Eligible Entrants for the purpose of the Promotion, and have consented to receiving marketing communications, the provisional winner(s) will be notified by the Issuer, by way of phone call followed by an email with the Prize enclosed. Issuers will attempt to call the verified winner(s) 3 times over 3 separate business days to confirm Prize acceptance and validate the winner(s)’ email before sending the winner(s) an email with the Prize. If a winner is not an Eligible Entrant, has not consented to receive marketing communications, or cannot be contacted within the 3 business days by the Issuer, or does not accept the Prize at the time stipulated by Promoter, then the Prize will be forfeited, and the Issuer will notify the Promotor, so that the Promoter can use a reserve entry from the same Daily Draw as described above, to identify a new winner. The respective Issuer will be notified of the reserve entry BIN/PAN number and the process will then be repeated, until such time as all Prizes have been won.

(i) If a winner who is an Eligible Entrant accepts the Prize from the Issuer, the Issuer will email the Prize to the winner’s email address, using the winner’s contact details saved with the Issuer. Winners are responsible for ensuring that their contact details, including their phone number and email address recorded with the Issuer are accurate and up-to-date.

(j) Upon receipt of the Prize notification email without any notice of error or failure of delivery provided to the Promoter, the winner is deemed to have effectively claimed the Prize.

(k) To redeem the Prize, the winner(s) must follow the prompts in the email sent by the Issuer. The Prize must be activated within 12months and used within 24 months of the winner(s) receiving the email with the Prize.

(l) To use the Prize, winner(s) must accept the Terms and Conditions related to Prezzee e-gift cards including any limits or conditions www.prezzee.co.nz/policies/terms-of-service/. Any ancillary costs associated with redeeming the Prezzee e-gift cards are not included. Any unused balance of the Prezzee e-gift cards will not be awarded as cash. Redemption of the Prezzee e-gift cards is subject to any terms and conditions of the issuer.

(m) The Promoter’s decision is final, and no correspondence will be entered into.

(n) If for any reason a winner does not wish to take the Prize, or does not redeem the Prize by 31 January 2025, then the Prize will be forfeited, and the Promoter’s decision shall be final.

(o) If the Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize with a Prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

(p) Prizes, or any unused portion of a Prize, are not transferable or exchangeable and cannot be redeemed as cash, unless otherwise advised.

(q) Sale, transfer or exchange of any part of a Prize is strictly prohibited. Any attempt to sell, transfer or exchange any part of a Prize will result in the Prize being withdrawn by the Promoter and the Prize will be declared null and void.

(r) The Promoter will not be held responsible for the winner(s) not taking the Prize for any reason.

6. Force Majeure, Modification, Cancellation.

(a) If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, pandemic, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Eligible Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.

(b) Limitation of Liability. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Consumer Guarantees Act 1993 (NZ) as well as any other implied warranties under similar consumer protection laws in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.

(c) Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any Entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Eligible Entrant; or (f) taking of the Prize(s).

7. Personal Information.

Mastercard will perform the Daily Draws on behalf of the Issuers by a random selection of BIN and PAN numbers of the Eligible Entrants. The information will not include any identifiers or contact information of the Eligible Entrants. The BIN and PAN numbers will then be shared securely with Issuers so that the Issuers may: validate that the provisional winner(s) are Eligible Entrant(s) for the purposes of the Promotion; verify that the provisional winner(s) have provided consent to receive marketing communications; and contact verified winner(s) directly to administer the Prize.

8. General.

(a) Mastercard is a registered mark, and the circles design is a trademark of Mastercard International Incorporated. ©2021 Mastercard.

(b) Any question concerning the legal interpretation of these Terms and Conditions will be based on New Zealand law and the Courts of New Zealand will have exclusive jurisdiction.

(c) If any of the provisions of these Terms and Conditions becomes or is invalid, illegal or unenforceable in any respect under applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and such invalid, illegal or unenforceable provisions shall be deemed severed from these Terms and Conditions and Mastercard shall be entitled to replace such severed provisions with such other provisions as it may deem fit.

(d) The headings to the clauses of these Terms and Conditions shall not be taken into consideration in the interpretation or construction thereof or of these Terms and Conditions.

(e) These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. In the event of any inconsistency between the English language version of these Terms and Conditions and any other language version, the English language version shall prevail. 

The Promotion and these Terms and Conditions will be governed by the law of New Zealand in which the Promoter ordinarily resides. Eligible Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.

End