TERMS AND CONDITIONS
1. Information on how to enter and prize details set out in all communications regarding the Harmoney Promotion (Promotion) form part of the Conditions of Entry. By participating in the Promotion, each entrant fully and unconditionally agrees and acknowledges that these Conditions of Entry and the decisions of the Promoter on all matters relating to the Promotion are final and binding.
2. The "Promoter" is Harmoney Services Limited, 308 Parnell Road, Auckland.
3. The "Promotional Period" for this Promotion commences October 23rd at 12:01 (local time in NZ) and concludes on October 28th 23:59 (local time in NZ).
4. Subject to condition 5, entry into the Promotion is only open to participants who meet the following eligibility requirements:
* who are residents of New Zealand and over the age of 18 years; and
* list an approved personal loan on Harmoney's peer to peer marketplace during the Promotional Period; and
* received the relevant promotional email from Harmoney on October 23rd; and
* who provide the relevant details in accordance with condition 6.
5. Employees of the Promoter or the Promoter’s associated agencies or companies directly involved in the Promotion (as determined by the Promoter) and their immediate family members are ineligible to participate.
6. To enter, entrants must list a personal loan on Harmoney's peer to peer marketplace during the Promotional Period. Entrants will be required to apply for a personal loan through www.harmoney.com and register their own details including but not limited to their full name, address, email address and daytime telephone contact number. Only one entry per customer account number will be accepted. It is each participant’s responsibility to ensure that any details they provide during the application process are accurate.
7. Entrants who meets the above criteria will receive one (1) Mitre 10 gift card to the value of $100. For terms and conditions relating to the Mitre 10 gift card visit Mitre 10's website.
8. Entrants will receive their $100 Mitre 10 gift card by post to the current address given in the loan application form.
9. No gift card is either redeemable for cash or transferable. The entrant accepts the gift card 'as is' and acknowledges that the Promoter accepts no responsibility for any variation in the value of the prize. There will be no compensation in the event that an entrant is unable to use all or part of the gift card.
10. All valid claims for a prize and entitlements will be met unless they involve fraud or ineligibility. The Promoter reserves the right, and by their entry into the Promotion each entrant consents to the Promoter exercising this right, to validate and check the authenticity of entries.
11. Subject to condition 12, the Promoter does not assume any responsibility for any products and services offered as prizes under, or purchased to participate in, the Promotion. The products are sold and services are provided solely by the relevant vendors, under such terms and conditions as determined by such vendors, and the Promoter accepts no liability whatsoever in connection with such products and services. The products and services have not been certified by the Promoter and under no circumstances shall the inclusion of any product or service in the Promotion be construed as an endorsement or recommendation of such product or service by the Promoter.
12. Nothing in these Conditions of Entry is intended to restrict or limit any rights you may have under the Consumer Guarantees Act or any other applicable consumer protection laws. Except for warranties and conditions implied by law which cannot be excluded, the Promoter makes no representations or warranties, express or implied, regarding the quality or suitability of any prizes awarded under these Conditions of Entry. To the extent that liability arises other than from the Consumer Guarantees Act the Promoter's liability is limited to, at its option: (i) the replacement of the prize or the supply of a prize of equivalent value; or (ii) the payment, if it does not contravene any law, of the cost of the replacement or supply.
13. The Promoter and its members, financial institutions, associated agencies and companies and their respective directors, officers, employees and agents, shall not be liable for any loss or damage, including for any personal injury suffered or sustained in connection with the entrant’s participation in the Promotion or the receipt or use of any part of the prize, except for any loss or damage which is due to the negligence or wilful misconduct of the Promoter or which otherwise cannot be excluded by law.
14. To the extent permitted by law, the Promoter and its associated agencies and companies and their respective directors, officers, employees and agents will not be responsible in any way whatsoever in respect of the following: (1) technical failures of any kind including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications, line failure or the malfunctioning failure or unavailability of any computer, server, cable, line, network, hardware, software, internet service or web site; (2) unauthorised human intervention in any part of the entry process of the Promotion, including but not limited to theft, destruction or unauthorised access to, or alteration of the Promotion; (3) electronic or human error which may occur in the administration of the Promotion or the processing of entries; (4) any entry that is late, lost, stolen, damaged or misdirected or otherwise not received.
15. The Promoter, in its sole discretion, reserves the right to cancel, suspend, terminate or modify the Promotion if fraud, technical failures or any other factor beyond the Promoter’s reasonable control adversely affects the Promoter’s ability to conduct the Promotion as contemplated in these Conditions of Entry. In such event, the Promoter reserves the right to award the prize at random from among the eligible entries received up to the time of the cancellation or modification. The Promoter also reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in breach of these Conditions of Entry or any applicable law or to be acting in an unsportsmanlike, non-genuine or disruptive manner. Any attempt by any person to deliberately cause damage or undermine the operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Promoter reserves the right to seek damages from any such person, to the fullest extent permitted by law, in addition to disqualifying such person.
16. The Promoter will use its best endeavours to provide the prize listed. If any of the prizes are unavailable for whatever reason, the Promoter reserves the right to substitute that prize or item for a prize or item of an equivalent value.
17. The Promoter’s failure to enforce any term of these Conditions of Entry shall not constitute a waiver of that or any other provision by the Promoter.
18. The Promoter accepts no responsibility for any tax implications that may arise from the prize or the use the prize. It is the responsibility of each entrant to seek independent advice on the possible implications this may have on their own financial situation.
19. Records of all entries become and remain the sole property of the Promoter.
20. Except where prohibited by law, participation in the Promotion constitutes an entrant's consent to the Promoter’s use of the entrant's name, likeness, opinions and address for: (1) any future promotional, marketing and publicity purposes in any media worldwide, without further payment or consideration or notice; and (2) any disclosure of such information by the Promoter required by law, and it is a condition of entry that in order to claim the prize, prize-winners must agree to execute any necessary consents and releases to effect the foregoing.
21. Information collected pursuant to the Promotion from entrants is subject to the privacy policies of the Promoter, which can be found at https://www.harmoney.com/privacy-policy and will be handled in accordance with all applicable laws in New Zealand. Except where prohibited by law, participation in the Promotion constitutes consent by the entrant to the storage, use and disclosure of the entry details as set out in these Conditions of Entry and also constitutes acknowledgment by the entrant that Promoter may use overseas facilities to process, store or back up its information. However, this does not change any of the Promoter's commitments to safeguard the entrant's privacy.
22. Entrants may access, and request correction of, their personal information held by the Promoter by contacting firstname.lastname@example.org.
23. Any cancellation or modification to the Promotion will be notified on the Promoter’s website: www.harmoney.com
24. If all or any part of any term or condition contained in these Conditions of Entry shall be declared or become unenforceable, invalid or illegal for any reason, such term or provision (or part thereof) shall be deemed severed from these Conditions of Entry to the extent of the unenforceability, invalidity or illegality and the other terms and conditions hereof shall remain in full force and effect as if the offending term or provision (or part thereof) had not been inserted herein.
25. These Conditions of Entry shall be governed by the laws of New Zealand and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of New Zealand.