Upstart Media Competition
terms and conditions

Overview:

  1. To enter an Upstart Media Ltd competition (the “Competition”), entrants must follow the entry instructions outlined on each competition page or social media post (the “Entry”).

  2. Entry can only be made during the Competition Period outlined on each competition page or social media post.
    The Competition will be decided no more than 12 business days after the competition closing date (unless otherwise stated on the competition entry page).

  3. You may enter the Competition once only, and each Entry is eligible to win one (1) Prize.

  4. Entry into the Competition is free (except for any normal internet connection charges that may apply).

  5. Each entrant must have the permission of their parent / legal guardian to enter the competition and accept any Prize won.

Eligibility (Can I enter?)

  1. To be eligible to enter the Competition:
    i. you must be a permanent resident of New Zealand;
    ii. you must be aged thirteen (13) years old or younger, OR the caregiver of a child aged thirteen (13) years or younger, and you must have your parent’s or guardian’s permission and consent to the Official Rules (we may contact this person to confirm their agreement);

  2. Upstart Media Ltd may disqualify you if:
    i. you or your Entry do not meet any one or more of the requirements set out in these Terms and Conditions or Competition entry page;
    ii. your Entry includes any objectionable material or infringes the rights (including intellectual property rights) of any third party;
    iii. you tamper in any way with the operation of the Competition.

  3. Your Entry must be complete, in English (unless otherwise stated on the competition entry page) and legible.

  4. If for any reason this Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, unforeseen legal or commercial circumstances or any other causes beyond the control of Upstart Media Ltd which corrupt or affect the administration security, fairness, integrity, or proper conduct of this Competition, Upstart Media Ltd reserves the right in its sole discretion, to cancel, terminate, modify, delay or suspend the Competition.

Winner selection

  1. Upstart Media will appoint judges for the Competition (the “Judges”).

  2. The winner selection will take place on the no more than 12 business days after the competition closing date (unless otherwise stated on the competition entry page).
    The Judges will select from the valid Entries into the Competition the number of prize winners specified on the competition entry page/post, on the basis of creativity and innovation of their entry.

  3. Magazine Winners will have their prizes posted or couriered to the address submitted with their entry.
    Where prizes cannot be delivered, all reasonable attempts will be made to contact the Winners.

  4. The names of the Winners will also be displayed on the Winners page of the Upstart Media Ltd website.
    The only exception is entries made via Upstart Media's social media channels, which will be announced on the respective channels.

  5. Prizes that must be claimed, must be claimed within five (5) business days of the Announcement Date.
    If for whatever reason any Prize is not claimed by this date, an unclaimed prize selection will be carried out.

  6. If any proposed Announcement Date falls on a public holiday in Hawke’s Bay New Zealand, that selection will be conducted on the following business day.

  7. If any person first chosen as a Winner is found to be ineligible, they will be disqualified another entrant will be selected as replacement Winner.

Prize

If you are a Winner:

  1. You may not transfer the Prize to anyone or ask for any alternative Prize (including cash).

  2. Upstart Media Ltd may replace the Prize with another prize of equal value in the unlikely event that the Prize becomes unavailable.

  3. If you are not able to take the Prize as stated, you will forfeit the Prize and no payment or compensation will be made in lieu.

  4. Once the Prize has left the premises of Upstart Media Ltd, responsibility for any damage, delay or loss to the Prize during transit will pass to you.

  5. Upstart Media Ltd may ask you or your parent/legal guardian to provide proof of your age, identity and residency, and to sign any required documentation including release forms as a condition of claiming the Prize.

  6. You or your parent/legal guardian are responsible for all expenses and taxes connected to your participation in the Competition and not included in the Prize.

  7. If requested by Upstart Media Ltd, the Winner may be required and must agree to be filmed during the presentation of the Prize. The Winner hereby grants to Upstart Media Ltd the right to issue, and authorise others to issue, publicity concerning the Winner, and the right to use Winner’s name (including any professional name or sobriquet adopted by Winner), likeness and biographical data in connection with the promotion of the Competition.

Ownership

  1. Upstart Media Ltd will own your Entry and will not return your Entry at the end of the Competition. You may keep a copy of the Entry for archiving purposes.

  2. You agree that all of the rights (including intellectual property rights) in your Entry, including any copyright works in your Entry, belong to Upstart Media Ltd and you hereby assign any rights you may have to Upstart Media Ltd. This includes all copyright (present or future), other intellectual property rights and rights of ownership. You grant a perpetual worldwide license (including a right to sub-license) to Upstart Media Ltd of all rights in your Entry pending completion of this assignment.

  3. You agree to do all things necessary (which may include signing documents) to transfer these rights to Upstart Media Ltd.

Liability and Indemnity

  1. Upstart Media Ltd is not liable, and you release Upstart Media Ltd from liability, for any loss or damage that you may suffer from your participation in the Competition, including (without limitation) if:
    i. the Competition is cancelled, modified, suspended or delayed; or
    ii. Upstart Media Ltd does not receive your Entry within the Competition Period for any reason.

  2. Nothing in these Terms and Conditions generally affects your rights under New Zealand consumer law.

  3. Upstart Media Ltd makes no warranties about any prizes offered as a part of the Competition, including warranties as to the quality, merchantability or fitness for purpose of such prizes.

  4. You agree to indemnify Upstart Media Ltd against all liabilities suffered or sustained by Upstart Media Ltd arising from any claim by a third party that your Entry infringes the rights (including intellectual property rights) of any third party.

Governing law

These Terms and Conditions are governed by the laws of New Zealand. You submit to the nonexclusive jurisdiction of courts exercising jurisdiction there, and waive any right to claim that those courts are an inconvenient forum.

Severability

Any provision (or part thereof) of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions (or parts thereof) of these Terms and Conditions nor affect the validity or enforceability of that provision (or part thereof) in any other jurisdiction.

Entire Agreement

These Terms and Conditions contain the entire agreement between you and Upstart Media Ltd with respect to the Competition. They set out the only conduct that you have relied on and supersede all earlier conduct and prior agreements and understandings between you and Upstart Media Ltd in connection with the Competition.