Rates competition terms and conditions

 Bay of Plenty Regional Council Direct Debit Promotion (the “Promotion”)

Terms and Conditions

1. These terms and conditions (“Terms”) apply to the Promotion.
2. The promoter is Bay of Plenty Regional Council, 5 Quay Street, Whakatane, PO Box 364, Whakatāne (“BOPRC”, “we” or “us”).
3. The Promotion runs until 11.59pm on Saturday, 30 September 2023 (“End Date”).
4. The Promotion is open to Eligible Entries only. An “Eligible Entry” is a duly completed BOPRC direct debit authority form for payment of rates submitted online or sent by post to BOPRC, and which:
   (a) is in respect of an Eligible Property;
   (b) has been received by BOPRC at any time prior to the End Date; and
   (c) is not withdrawn or cancelled as at the Draw Date.
5. For the purposes of the Promotion, an “Eligible Property” means a property:
   (a) for which rates are payable to the Bay of Plenty Regional Council;
   (b) for which the ratepayer(s) is a private individual(s) (i.e. businesses, companies, central and local government entities, organisations, and other agencies are not eligible for the Promotion);
   (c) that is used exclusively for residential/lifestyle purposes; and
   (d) for which a BOPRC councillor or employee is not a ratepayer (either solely or jointly with another person(s)).
6. The Promotion is limited to one entry per Eligible Property.   
7. BOPRC will automatically enter an Eligible Entry into the Promotion, unless we receive notification from a ratepayer of the relevant Eligible Property that he or she does not wish to participate in the Promotion.
8. All ratepayers of the Eligible Property specified in an Eligible Entry will be deemed to accept and agree to be bound by these Terms (except where a ratepayer has opted out of the Promotion in accordance with clause 7 of these Terms).   
9. There are five (5) x $250 prezzy cards to be won for the Promotion (“Prize”). If the Prize (or any part of the Prize) is unavailable, BOPRC, in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a prize to the equal or greater value and/or specification. The Prize is non-exchangeable, non-refundable, non-transferable, non-negotiable and cannot be redeemed for cash.
10. The prize winners will be determined by a random draw by BOPRC from all Eligible Entries on Monday 2 October 2023 (“Draw Date”). A prize winner will be the person that is the ratepayer (as determined by BOPRC’s rating records) of the Eligible Property specified in an Eligible Entry that is drawn at random (“Prize Winner”).  Where there is more than one ratepayer of an Eligible Property specified in a winning Eligible Entry, the ratepayers will be named joint Prize Winners.   
11. The Prize Winners will be contacted via phone or email within two (2) business days of the Draw Date to arrange delivery of the Prizes. If, for any reason, a Prize Winner does not wish to accept their Prize or if contact is not able to be made with a Prize winner within five (5) business days of the Draw Date, that Prize Winner will be deemed to have forfeited their Prize and a new winner will be selected by random draw by BOPRC.
12. BOPRC reserves the right to request that a Prize Winner provides proof of identity and/or proof of residency at the nominated prize delivery address. If such proof is not provided by a Prize Winner to BOPRC within a reasonable time, or is not satisfactory to BOPRC, then that Prize Winner shall forfeit their rights to the Prize.
13. All costs associated with redeeming the Prizes, and all other costs and expenses associated with the Prizes, will be the responsibility of the Prize Winners. A Prize Winner is not entitled to any compensation if they are not able to use all or any part of the Prize for whatever reason.
14. The Prizes are subject to the terms and conditions of the company or business supplying the Prizes.
15. BOPRC’s direct debit terms and conditions apply to all direct debit authorities and all direct debits initiated under that authority.
16. To the extent permitted by law, BOPRC and its associated agencies will not be liable (including, without limitation, in negligence) for any loss, claim, cost, expense, liability or injury (including indirect and consequential loss) suffered or sustained by any person or entity in connection with the Promotion or the Prizes.
17. Nothing in these terms is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993.
18. BOPRC, in its sole discretion, reserves the right to cancel or modify the Promotion, any part of the Promotion, or these Terms at any time before the End Date for any reason. Any cancellation or modification to the Promotion will be notified on BOPRC's website at BOPRC.govt.nz.
19. BOPRC’s decisions on all matters relating to this Promotion are final and no correspondence or discussions will be entered into.
20. BOPRC will collect, hold and use your personal information in accordance with the Privacy Act 2020, and its Privacy Statement (or available in hard copy on request). Under the Privacy Act 2020 you have the right to request access to and correction of your personal information.
21. The Prize Winners grant BOPRC the right to use their image, likeness, and name for marketing and publicity purposes in connection with this Promotion on BOPRC’s website and/or social media networks, and in communications.
22. The Promotion is bound by the laws of New Zealand and any disputes will be subject to the exclusive jurisdiction of the courts of New Zealand.