Custom Hustler GEARWRENCH Fatboy MiniBike Giveaway Terms & Conditions.

1.  These terms and conditions relate to the GEARWRENCH Minibike Giveaway run by the Promoter. Information on how to enter and prize forms part of, and entry into the Promotion is deemed to be acceptance of, these terms and conditions.
2. The promoter is Accent Tools Limited (“Promoter”).
3. The Promotion commences on 1 May 2023 at 12am and closes at 11:59pm 31 July 2023 (“Promotional Period”). Entries received outside of the Promotional Period will not be accepted.
4. Conditions of Entry
   1. Employees of the Promoter, the Promoter’s associated companies, the Promoter’s Retailers (Dealers) associated with this promotion and each of their immediate families (i.e. spouse, parent, child or sibling) are ineligible to enter.

5. Entry into the competition is open to New Zealand citizens and New Zealand residents only over 18 years of age.
6. The competition is open to people living in New Zealand only. You may enter as many times as you like (via separate purchases, a unique invoice for each purchase is required to validate your entry).

Prizes
7. 1 major prize winner will be drawn (1 x prize only).
8. Prize consists of 1x Custom GEARWRENCH Fatboy Hustler Minibike valued at $7499rrp 

How to enter

9. To enter the Win a Custom GEARWRENCH Fatboy Minibike promotion, entrants must purchase any GEARWRENCH product valued at $100 incl GST or more through an Authorised GEARWRENCH Retailer in New Zealand during the promotional period and retain your proof of purchase (receipt). GEARWRENCH products purchased from non-authorised sellers and retailers (including parallel imports) are not eligible to participate in this competition. The items must be paid for in full and accounts with dealers or retailers cannot be in arrears or defaults. Entry into the competition is via scanning the QR code or visit the competition entry page on the www.gearwrenchnz.co.nz website. Complete the online entry form including Full Name, Surname, Company Name (Not mandatory); Email address; Mobile Number; Delivery Address; and GEARWRENCH retailer – place of purchase, and upload a copy of your receipt/invoice, then submit the form to enter. Additional entries require an additional purchase of a GEARWRENCH product valued $100 incl GST or more and an accompanying invoice to validate the entry. Multiple Entries are not eligible per receipt. One entry per invoice/receipt only.
10. All entries are deemed to be received at the time of the receipt into the Promotion database and not at the time of transmission by you.

Draw and Winner Notification

11. The prize will be drawn at random on Friday 11 August 2023 at Accent Tools Limited Office in Auckland and the winner will be notified by email. If the winner have not responded within 5 business days another draw will take place on Monday 21 August 2023 at Accent Tools Limited Office in Auckland. Winner will be notified in the manner set out above. In the event that the winner of the second draw (if any) fail to respond to such notification, further draws will be undertaken in the manner set out above until all prizes have been awarded.

12. Prizes will be delivered to the GEARWRENCH dealer from which the winner purchased the original entry product from, whereby the Dealer will coordinate with the winner for them to collect the prize.

13. The Promoter’s decision is final and no correspondence will be entered into.

14. Prize will be awarded to the person named in the entry to the Promotion.
General Terms

15. The Promoter reserves the right to change these terms and conditions without prior notice.

16. The prize cannot be varied and are not transferable or redeemable for cash. In the event that a winner does not take an element of the prize at the time stipulated by the Promoter, then that element of the prize will be forfeited by the winner. In the event that the originally stated prize is unavailable, the Promoter reserves the right to provide a similar prize of equal value.

17. If the winner is not able to be contacted within a reasonable time period following the draw, that winner shall forfeit the prize and the Promoter may choose to draw another winner, and so on until a winner is contacted to accept the prize.

18. The Promoter reserves the right to verify the validity of entries and to disqualify any entry (including the winning entry) which, in the Promoter’s opinion includes objectionable content, profanity or potentially insulting, inflammatory or defamatory statements.

19. The Promoter may disqualify any entry or individual (including any prize winner) who tampers with the entry process, submits an entry not in accordance with the terms and conditions, breaches these terms and conditions, or who has, in the opinion of the Promoter, engaged in conduct which is unlawful, improper, fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promoter or Promotion.

20. The Promoter is not responsible for any problems or technical malfunction of any web site, telephone network or lines, computer systems, servers, providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof.

21. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries.

22. If for any reason the Promotion is not capable of running as planned for reasons including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to cancel, suspend or modify the Promotion.

23. The Promoter takes no responsibility for lost, damaged, misdirected, late or illegible entries or any entries that for whatever reason, are not received by the Promoter or are incomplete.

24. Entrants are responsible for any expenses they incur in entering the Competition. There is no additional fee charged to enter this competition other than the cost of the GEARWRENCH products purchased and the cost of you accessing the Internet.

25. The winner of the prize agrees to co-operate with all reasonable media editorial requests relating to the prize, including being interviewed, photographed or filmed. The winner permits having their name, image and/or voice appear in connection with the Promotion, the Promoter or the advertising or marketing thereof, in any media whatsoever throughout the world.

26. To the maximum extent permitted by law, the Promoter and its related companies shall not be liable for any loss, damage, or personal injury whatsoever by or to any person in connection with the Promotion or with winning or benefiting from a prize.

27. The Promoter reserves the right to request the winner(s) to provide proof of identity and proof of residency at the nominated prize delivery address such as drivers license, photo ID, passport and other similar documentation. Proof of identification, residency and entry considered suitable for verification may be requested at the sole discretion of the Promoter. In the event that a winner(s) cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

28. if an entrant is entering on behalf of a Company or Business and not in their own right consent must be obtained from the Company or Business whom is making the GEARWRENCH product purchase. If an entrant is an employee or contractor of a Company or Business and is making the purchase on behalf of a Company or Business, or the purchase is under a corporate account, consent must be obtained from the Company or Business (that is the actual purchaser) that is making the GEARWRENCH product purchase. If entrants are entering as a result of a GEARWRENCH product purchase made through a Company or Business Account, consent must be obtained from the Company/Business for an entry to be valid. Entrants must have the express written consent of the Company or Business on or before entering the Competition, in order for the entry to be valid for this Competition. The promoter may request a written copy of this consent, at any time.

29. All entries become the property of the Promoter. The Promoter needs to collect personal information from entrants in order to conduct the Promotion – without this personal information, the Promoter may not be able to provide you with entry into the Promotion. Unless otherwise authorized by you, your personal information will be held by the Promoter for the purposes of the Promotion in accordance with the Privacy Act 2020 and the GEARWRENCH Privacy Policy and may be shared with partners of the Promoter solely for the purposes of the Promotion.

30. In the case of: – The intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Competition on the dates and in the manner described in these Terms, including but not limited to vandalism, disease pandemic, power failures, tempests, natural disasters, acts of God, civil unrest, pandemic, strike, war, act of terrorism; or – The Promoter being unable to run the Competition as planned due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, the Promoter may in its absolute discretion take any action that may be available and it deems appropriate (at its sole discretion), including changing the Promotion Period of the Competition and to cancel, terminate, modify or suspend the Competition.

1. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize except for any liability which cannot be excluded by law (including the Fair Trading Act 1986 and the Commerce Act 1986). The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this Competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this Competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
2. The Prize winner understands that the prize ‘GEARWRENCH Hustler Minibike’ is a recreational item, and is not intended to be used on roads. Accent Tools Ltd takes no responsibility whatsoever for personal injury, property damage, or any loss of earnings, occurred in association with the prize. Accent Tools Ltd takes no responsibility of maintenance, servicing, or aftercare sales support or warranty once the prize has been handed over to the winner.
3. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these Terms, or engaged in any unlawful or other improper misconduct of the Competition. The Promoter reserves its rights to recover damages or other compensation from such a person.

1. Entrants warrant that their entry in the Competition does not breach the intellectual property rights of any third party nor breach the Gambling Act 2003. The entrant indemnifies and will keep the Promoter and its associated agencies indemnified against any loss, costs (including legal costs), expenses or liability the Promoter and its associated agencies may suffer arising out of any breach by the entrant of this clause.

Hustler Minibikes NZ is the prize supplier only and brand ambassador for GEARWRENCH NZ, and therefore has no legal obligation to this Competition. Hustler Minibikes NZ and their brands featured as part of the prize are in no way associated with this giveaway campaign and therefore responsibility resides with the organiser of this competition: Accent Tools Ltd. To find out more about Hustler Minibikes, please visit https://hustlerminibikes.nz/

32. Any tax liability arising as a result of accepting the prize if the responsibility of the winner
33. The laws of New Zealand apply to this competition to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of New Zealand.
34. All IP (intellectual property) retaining to products feature in this prize is owned by the companies, brands and manufacturers of those products.

To access or request correction of your personal information held by the Promoter please contact gearwrench@accent-tools.co.nz

This policy applies to all personal information collected by Accent Tools Ltd (ATL) relating to individuals such as clients, suppliers or other third parties.

Personal information is defined in the Privacy Act 2020 (Privacy Act 2020 No 31) as information about an individual who can be identified, or whose identity could be reasonably ascertained from the information.

This policy does not apply to associate records, which are defined in the Privacy Act as records of personal information relating to the employment of an associate. Examples of personal information relating to the employment of an associate might include information about training or performance management, the associate’s emergency contact details, the associate’s hours of work or wages or the associate’s tax or superannuation affairs.

1. Collection of personal information
Personal information collected and/or maintained by Accent Tools Ltd must be relevant to the purpose for which it was sought, must be accurate, up-to-date and complete and must not intrude to an unreasonable extent upon the personal affairs of the individual to whom it relates.

Personal information must be obtained, maintained and managed fairly and with respect for the dignity of the individual to which it relates. Individuals providing information should be advised of the general purpose for which the information is sought, and how it may be used in the future.

At the same time, information supplied by individuals is expected to be, to the best of their knowledge, true and accurate.

2. Use and disclosure of personal information
Accent Tools Ltd will not use or disclose personal information about an individual for a purpose other than the purpose for which that information was collected or a secondary purpose which the individual would reasonably expect the information to be used for.

Depending on the nature of the matter, the types of bodies to whom Accent Tools Ltd may disclose personal information include the courts, the other party or parties to litigation, experts and barristers, the Office of Inland Revenue, the Registrar General and third parties involved in the completion or processing of a transaction.

In particular, Accent Tools Ltd will not sell or otherwise provide unauthorised access to personal information to anyone. All associates who have access to personal information must not discuss such information unnecessarily, or sell, show or provide it to unauthorised persons inside or outside Accent Tools Ltd.

Organisations seeking confirmation of employment or other personal information about a current or former associate are required to speak with someone within the Human Resources team.

3. Access to personal information
Associates may be provided with access to personal information for the sole purpose of performing their duties. In such cases, associates should take all appropriate security measures to protect against unauthorised access to personal information or accidental loss or damage to the same.

Access to personal information will be strictly on a “need to know” basis.

4. Correction of personal information
If an individual informs Accent Tools Ltd that personal information held by Accent Tools Ltd about the individual is not accurate, complete and up to date, Accent Tools Ltd will take reasonable steps to correct the information so that it is accurate, complete and up to date.

If for some reason Accent Tools Ltd and the individual disagree about whether the information is accurate, complete and up to date, Accent Tools Ltd will, upon request by an individual, take reasonable steps to associate with the information a statement from the individual claiming that the information is not accurate, complete or up to date.

5. Access requests from individuals
Any requests by individuals for access to personal information about them held by Accent Tools Ltd should be made in writing. An associate who receives such a written request should forward it to the HR Department immediately. Accent Tools Ltd, ANZ Updated 2023

Accent Tools Ltd will attempt to fulfil such a request within 40 calendar days except where:

• providing access would have an unreasonable impact upon the privacy of other individuals;
• he request for access is frivolous or vexatious;
• the information relates to existing or anticipated legal proceedings between ATL and the individual and the information would not be accessible by their process of discovery in those proceedings;
• providing access would prejudice ATL in relation to negotiations with the individual;
• providing access would be unlawful;
• denying access is required or authorised by law; or
• providing access would be likely to prejudice an investigation of possible unlawful activity.

In circumstances where Accent Tools Ltd denies an individual access to personal information, it will provide reasons for the denial.

6. Method of disposal
   All information of a private, personal or confidential nature must be disposed of in a manner that ensures the privacy of the individual to whom it relates. Destruction will usually be by means of shredding and / or deletion from Accent Tools Ltd’s systems.