a) New Zealand Residents
b) 18 years or over - participants under the age of 18 years must obtain the consent of a parent or guardian before uploading and/or sharing an image(s) and/or information. By taking part in the Campaign, minors confirm that they have obtained the consent of their parent or guardian.
4. Entrants must have a valid Instagram account with a public profile (i.e. if the private account setting is turned on, images will not be able to be pulled through to the website gallery), and you must have agreed to the terms and conditions for the Instagram network (http://instagram.com/legal/terms).
5. There is no limit on the number of images Entrants can enter into the Campaign. Voters may only register one vote per day during the Voting Period.
6. Entrants must:
a) take an image of their favourite place or experience within the boundaries of Auckland city central (for details please visit http://www.heartofthecity.co.nz/article/discover-the-precincts-of-the-heart-of-the-city (the "Central City Boundaries"). Images taken from outside the central city will not be entered in the competition or included in the gallery;
b) make sure the 'Add to Photo Map' option is turned on to geotag the image when uploading, so it will appear within the 'precinct' and 'experiences' filtering in the Campaign gallery. Images not geotagged may be excluded from the Campaign gallery if their location cannot be determined;
c) tag the image with the #myheartmark hashtag and any information that explains why this image represents a heartmark to you; and,
d) upload the image and explanation to the Instagram social media sharing platform, under your own user name.
7. By tagging an image with the #myheartmark hashtag, the Entrant confirms that the image and/or information complies with all of the following conditions:
a) the image was taken from within the Central City Boundaries;
b) the image was taken by the Entrant and is the Entrant's own original work;
c) the image and/or information features no private, obscene, sexually explicit, violent or offensive content or material;
d) the necessary permission to participate in the Campaign, including but not limited to uploading and sharing the image and/or information via Instagram so that the image is publically viewable was obtained from the individual(s) who may appear in the image; and/or,
e) the image and/or information does not breach any privacy, copyright or other third party rights.
Any image that does not comply with the above conditions will be rejected or removed from the Campaign gallery.
8. Images and/or information received by Instagram and assigned to the Promoter via the hashtag #myheartmark that comply with the terms and conditions of the Campaign will be displayed in an image gallery viewable on the Heart of the City website; www.heartofthecity.co.nz/heartmarks and edited image selections and/or information will also appear on the promotors' Facebook page, in paid media channels of NZ Herald Press advertising and Outside media (i.e. Adshels and Street Posters), as well on the NZ Herald website's hub page for the campaign www.whatsyourheartmark.co.nz and within the NZ Herald early general news of the main paper, on a the promotors' other online channels.
9. Images and/or information may be selected from all the #myheartmark hashtag images may be included in a public exhibition to take place at a yet to be determined Auckland central city location.
10. The Promoter reserves the right not to display and/or to remove any images uploaded and shared for the purposes of the Campaign for any reason whatsoever.
11. By uploading an image to Instagram and sharing the image via the #myheartmark hashtag, the Entrant agrees and consents to the Promoter publishing the image at any time (without further notice to the Entrant), including for the purposes of promoting the Campaign and/or Heart of the City via marketing materials and/or social media and online channels.
12. Entrants take full responsibility for their images and/or information and agree and confirm that the Promoter has no liability to any third parties for any images that are uploaded and/or shared, including those displayed within the galleries. Entrants transfer all copyright that subsists in the images or information to the Promoter and waives all moral rights to the images or the information submitted.
13. All images and/or information collected by the Promoter in the course of the Campaign becomes the property of Heart of the City. To access or request correction of your personal information please contact Heart of the City, Level 2, 26 Lorne St, Auckland.
14. The Prize
a) Weekly Prizes - during the Entry Period and until the close of the Voting Period three images per week will be randomly selected as Weekly Winners and will be eligible to choose from the 1 of the Weekly Prize options.
b) The Winner (the image that gets the most votes) will win the Grand Prize.
15. The Weekly Prizes will be the allocation of one of the following:
a) $250 Britomart Black Card
b) $250 SkyCity Vouchers (which can also be used in Federal Street restaurants)
c) $250 Smith & Caughey voucher
d) $250 Top Shop voucher
e) 2x Tickets to Cats
f) $250 Hotel DeBrett Voucher
16. The Grand Prize is an Ultimate Heart of the City Pack consisting of:
a) $500 Britomart Black Card
b) $250 SkyCity Vouchers (which can also be used in Federal Street restaurants)
c) $250 Smith & Caughey voucher
d) $250 Top Shop voucher
e) 2x Tickets to Cats
f) $500 Hotel DeBrett Voucher
14. Winners of the Weekly Prizes and the Grand Prize will be contacted via a Instagram Direct Message or a comment on the winning image from an NZME owned Instagram account or an email address where one is provided.
15. By entering this Campaign and uploading and sharing your image(s) and/or information to the #myheartmark hashtag via Instagram you agree to participate in the Campaign and accept the Campaign terms and conditions (if you do not agree to the Campaign terms and conditions, please do not participate in the Campaign, including by uploading images and information and sharing to the #myheartmark hashtag). Any image and/or information that is uploaded and shared that does not comply with the Campaign terms and conditions will not be valid and so ineligible to be included in the Campaign.
16. The Campaign is in no way sponsored or administered by, or associated with, Instagram.
STANDARD PROMOTION OR COMPETITION RULES
Definitions
The 'Promoter' is NZME and HOTC.
'NZME' means all companies in the NZME Group including but not limited to APN Holdings NZ Limited, NZME Publishing Limited, NZME Radio Limited, GrabOne Limited and all brands and operating companies controlled by or associated with those entities.
Heart of the City is Auckland's city centre business organisation PO Box 103 331 Auckland New Zealand ('HOTC")
'Disqualified Participants' are all Promoter employees, all employees of participating sponsors or promoters and/or advertising agencies and their Immediate Families.
'Immediate Families' include spouses, Grandparents, Parents, Children, and Grandchildren whether by marriage, past marriages, remarriage, adoption, co-habitation or other family extension.
Entry
1. These Promotion or Competition Rules ('the Rules') apply to all NZME Promotions or Competitions (collectively 'the Promotion') conducted on or off air and by means of any medium - online, radio, print, television, or connected device. The Rules may change from time to time.
2. If a particular Promotion has specific rules or terms ('the Specific Rules') those Specific Rules will apply if there is any inconsistency with the Rules.
3. Unless otherwise stated in the Specific Rules registration, entry or vote is limited to 1 per person. Where multiple registrations, entries or votes are acceptable, each must be made separately.
4. Entry into the Promotion is deemed to be acceptance of the Rules and the Specific Rules and confirmation that the entrant has the necessary authority (for example from the bill payer or owner of a telephone) to enter the Promotion.
5. No purchase is necessary to win or participate in the Promotion, unless specified in the Specific Rules.
6. The Promotion is open to New Zealand Residents only. Disqualified Participants may not enter in the Promotion.
7. The Promoter reserves the right to exclude any person from participating in the Promotion on reasonable grounds.
8. The Promoter reserves the right to refuse to award any prize to an entrant who it decides (in its sole discretion) has violated the Rules (including the Specific Rules), gained unfair advantage in participating in the Promotion or won using fraudulent means.
9. By participating, entrants grant the Promoter exclusive permission to use their names, characters, photographs, videos, voices and likeness in connection with the Promotion and for future promotion and marketing purposes and waive any claims to royalty, right or remuneration for such use.
10. All entrant personal details must be valid and up to date and will be held by the Promoter and may be used for the purpose of the Promotion and for future promotion and marketing purposes in accordance with NZME Privacy Policy (see www.NZME.co.nz) unless otherwise directed by contestants at the time of entry.
11. Personal information provided at the time of entry is presumed to be true and, in the case of text or email notification - active, through to and beyond the date of the Promotion's completion.
12. Where the Promotion involves texting, the following apply:
a) Standard sms text charges will apply, unless otherwise stated in the Specific Rules and will depend on the entrant's particular plan or agreement with their phone service provider;
b) Any form of automated text message is invalid;
c) The telephone number from which the entry was made will be stored in a database. The entrant has a two-business-day period from the time of entry to request removal from the database. If no request is made it is deemed acceptance that the information can be used for future promotion and marketing purposes; and
d) The Promoter takes no responsibility for text costs incurred after the Promotion has closed as stipulated in the Specific Rules.
Winning the Prize
13. Only the person who originally entered the Promotion can be awarded the prize ('the Winner').
14. The Winner will be determined in the manner set out in the Rules or the Specific Rules - if not specified then as determined by the Promoter who shall for this purpose be deemed the Judge.
15. The Judge's determination of the Winner will be final and no correspondence will be entered into.
16. The Winner will be notified by email, phone (voice or text), mail or in person and must be available for the preparation of all publicity that may be required by NZME. Where attempts to contact the Winner fail (eg when the Winner cannot be contacted by phone after three attempts or mail sent is returned) the Judge will select another winner. If, after successful notification, the prize is not collected within two months of being announced it will be regarded as forfeit. (Note: 3 attempts to contact the Winner will include individual calls to any numbers provided at the time of entry. However, should the prize's total worth equal less than NZD$250 and be a live-to-air draw, only one failed attempt at contact will be acceptable before the Judge selects another winner.)
17. The Prize is not redeemable for cash or transferable. No other family members, friends, office associates or any other person will be able to participate on the Winner's behalf. In the event that the Prize specified in the Competition becomes unavailable for any reason the Promoter may substitute a prize of like or equal value. Where the Prize has associated terms and conditions the Winner accepts the Prize subject to those terms and conditions and restrictions.
18. Where the Winner is required to claim the prize in person, they must provide proper identification (eg driver's licence, passport, birth certificate). If the Winner is under the age of 18 years their parent or legal guardian must accompany the Winner or give their prior written consent to the award of the Prize.
19. The Winner takes the Prize entirely at his/her own risk and indemnifies NZME in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize. The Winner is responsible for all insurance, tax or other costs that may be associated with the Prize.
20. Where the Prize includes air travel and/or accommodation, either international or domestic ("the Travel Prize"):
a) The Winner MUST have valid documentation, including but not limited to valid passports and Visas, which meet the requirements of immigration and other government authorities at every destination.
b) Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities (including any costs associated with delay, will be the sole responsibility of the Winner).
c) When the Travel Prize includes travel to or through the United States, it is the Winner's responsibility when travelling into or through (transiting included) the United States under the Visa Waiver Program to apply for an Electronic System for Travel Authorisation (ESTA) no later than 72 hours prior to departure if required. The winner must visit the US Department of Homeland Security website and fill in the required information. The cost of the ESTA is the sole responsibility of the Winner.
d) The Winner and their travelling companion (if applicable) must travel together at all times. The Winner is responsible for transport from their residence to their nearest international airport for flight departure and from their nearest international airport to their residence upon returning to New Zealand.
e) Flight tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. The flight itinerary may have to be adjusted depending on the airline's departure city and their current flight schedule. Unless otherwise specified, the air travel is economy class.
f) Any changes to travel dates or additional accommodation outside the travel period specified in the Travel Prize details, made by the winner, which incur additional costs, are to be paid by the Travel Prize winner.
g) Unless explicitly stated in the Specific Rules, the Winner will be responsible for expenses including, but not limited to, spending money, meals, drinks, transport, laundry charges, activities, incidentals, taxes (excluding departure and any other flight associated taxes included within the Travel Prize), gratuities, services charges, passports, visas, travel insurance and all other ancillary costs associated with redeeming the Travel Prize. The Winner must obtain travel insurance to protect themselves against additional costs incurred in the event of unforeseen circumstances.
h) The Travel Prize is not transferable or exchangeable and cannot be redeemed for cash. The Travel Prize must be taken as stated in the Specific Rules and no compensation will be payable if the Winner is unable to use the Travel Prize as stated. For the avoidance of doubt, if the Winner is, for whatever reason, unable to travel on a nominated date during this period, whether the failure was due to reasons beyond the Winner's control or otherwise, then the Winner will forfeit the Travel Prize.
i) The Promoter makes no representation as to safety, conditions and other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the New Zealand Ministry of Foreign Affairs and Trade. The winner accepts the Travel Prize at their own risk.
j) All travel is subject to the terms, conditions and restrictions of the Travel Prize service providers. Any travelling companion included in the Travel Prize (if applicable) accepts the Travel Prize subject to these terms, conditions and restrictions as if references to the Winner in the relevant clauses were to the travelling companion. The Winner and their travelling companion must sign a legal release, in a form acceptable to the Promoter in its absolute discretion, if requested by the Promoter.
Promoter Responsibility
21. The Promoter reserves the right to amend, vary, extend or discontinue a Promotion at any stage, for any reason.
22. The Promoter takes no responsibility for any inability to enter, complete, continue or conclude the Promotion due to equipment or technical malfunction, busy lines, inadvertent disconnection, texts with a misspelt keyword, texts to an incorrect shortcode, Force Majeure or otherwise.
23. To the fullest extent permitted by law the Promoter will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of Promotion entry or winning the prize.
24. Where the Prize is to be supplied by an entity outside the Promoter control and that entity fails, for whatever reason, to supply the prize, the Promoter has no responsibility for the provision of the Prize and is not obliged to provide an alternative Prize or to take legal action to require the Prize supplier to provide the Prize.
Acceptance
25. Participation in the Promotion is deemed acceptance of these Terms and Conditions.
26. If the Winner does not accept these Terms and Conditions the prize will be forfeited.
Privacy Policy - view it here.
