AFTERPAY X MIGHTY APE COMPETITION

TERMS AND CONDITIONS

PARTICIPATION

1. Information on how to enter the “Afterpay x Mighty Ape NZ Promotion” (Promotion) and the prize form part of these Terms and Conditions. By participating, Entrants (as defined below) agree to be bound by these Terms and Conditions. The Promotion is not valid in conjunction with any other competition, special, discount or promotional offer unless indicated otherwise.

The promoter in New Zealand is Afterpay NZ Limited (NZBN 9429046246837) of (Level 12, 55 Shortland Street Central Auckland New Zealand 1010) (jointly and severally the Promoter).

2. Entry is only open to New Zealand residents aged 18 years or over (Entrants). Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter and agencies or partners associated with this Promotion are ineligible to enter.

3. The Promotion commences at 12:01am (NZDT) on 15th July 2019 and entries close at 11:59pm (NZDT) on 4th August 2019 (Promotional Period).

ENTRY

4. To automatically enter the Promotion, Entrants must, during the Promotional Period, make a purchase online in New Zealand at the Participating Merchant Mighty Ape Limited NZBN 9429037550851 using Afterpay as the payment method (Qualifying Transaction). For the avoidance of doubt, the number of purchases made through the Afterpay platform equal the number of entries. There is no limit to the number of entries, however, purchases must be in accordance with the entrants’ Afterpay account status. For the avoidance of doubt, this promotion does not limit or otherwise affect an entrant’s obligations with respect to their Afterpay account.

5. All entries must be received by the Promoter during the Promotional Period. Records of the Promoter are final and conclusive as to time of receipt. Entrants who are not in compliance with Afterpay’s terms will be deemed invalid.

6. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any Entrant 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.

7. If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant and request documentation from the Entrant in order to verify their identity and eligibility to enter the competition.

PRIZES

8. There will be (4) (Prizes) awarded in this Promotion valued at NZD $250 each (inclusive of GST) comprising of the products listed in the below Schedule. The random prize draw will take place at Telads Australia Pty Ltd, 123 Margaret Street Toowoomba QLD 4350 on 12th August 2019. The Promoter may draw additional reserve entries and record them (in the order in which they were drawn) in case an invalid entry or ineligible Entrant is drawn.  The winner of the Prize will be notified in writing by email and/or contacted by phone within one (2) business days of the draw and their name will be published online at www.afterpay.com.au for no less than 30 days from the draw date set out in this section 8.

9. The first four (4) valid entries drawn will each win the Prize as set out in the Schedule.

10. A draw for any unclaimed Prize, may take place on 12th September 2019 at the same time and place as the original Prize draw, subject to any directions from a regulatory authority. The winner/s (if any) will be notified by email and/or phone within one (2) business days of the draw and their name will be published online at www.afterpay.com.au for at least thirty (30) days from the date of the second chance draw.

GENERAL

11. The total prize pool for this Promotion is valued at NZD$1000 (inclusive of GST).

12. The Promoter’s decision in all matters relating to this Promotion is final and no correspondence will be entered into.

13. Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

14. The Promoter will not replace lost, mutilated, or stolen prizes.

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

16. If for any reason a winner does not use, redeem or take a Prize (or an element of a Prize) by or at the time stipulated by the Promoter, then the Prize (or that element of the Prize) will be forfeited and will not be redeemable for cash.

17. Entrants who win a Prize consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same), in any media, for an unlimited period and without remuneration, for the purpose of promoting this Promotion (including any outcome), and promoting any services, distributed and/or supplied by the Promoter.

18. 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, unauthorised intervention or fraud), the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.

19. 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 Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia or 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) exclude 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.

20. 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 Entrant; or (f) use, redemption or taking of a Prize.

21. As a condition of accepting the Prize, the Prize winner must sign any legal documentation as and, in the form, required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

22. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such personal information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to New Zealand regulatory authorities. Entry is conditional on Entrants providing their personal information. The Promoter will collect, store, use and disclose personal information as set out in the Promoter’s New Zealand Privacy Policy, which can be viewed at here for New Zealand Entrants. In addition to any use that may be outlined in the Promoter’s Privacy Policies, the Promoter may, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes associated or otherwise connected with this Promotion, including sending electronic messages or telephoning the Entrant. The Privacy Policy also contains information about how Entrants may opt out, access, update or correct their personal information. The Promoter will not disclose personal information outside of Australia or New Zealand. All entries become the property of the Promoter.

23. The laws in force in New Zealand apply to this Promotion to the exclusion of any other law.  Entrants submit to the jurisdiction of the courts of New Zealand.

Schedule

The Prize: The Prize is one (1) of four (4) $250 (inclusive of GST) Mighty Ape Vouchers.