Terms and conditions: Win your Ultimate day trip in a 2016 Ford Focus Titanium

TERMS AND CONDITONS

1.Ford Motor Company of New Zealand ("Ford") and NZME Limited (The New Zealand Herald) are giving away the chance to win one (1) ultimate Auckland day trip with up to $1,500 (incl GST) to spend, driving a 2016 Ford Focus Titanium when they enter the competition in accordance with these terms and conditions ("Terms") by midnight, 19 December 2016. These are the Terms which apply to the Auckland day trip promotion ("Promotion"). Information on how to enter the Promotion forms part of these Terms. Make sure to read these carefully as they set out the eligibility criteria, the rules of the Promotion and details of the prize.
2.The Promotion will commence on 26 November 2016 and will close at midnight 19 December 2016 ("Promotion Period"). All Entries must be received before the Promotion Period ends in order to be eligible to win the prize.

ELIGIBILITY CRITERIA
3.The Promotion is only open to individuals who:
a.meet all criteria (including the Eligibility Criteria noted below) set out in these Terms throughout the Promotion Period;
b.have a full, valid, clean and current New Zealand drivers' license that is not subject to any restrictions;
c.are New Zealand residents; and
d.are aged 18 years or over ("Entrant").
4.The Promotion is NOT open to individuals who:
a.are employed by Ford, Camino Ltd, J. Walter Thompson or NZME Limited;
b.have been convicted of a crime under the Crimes Act 1961.
5.Entry into the promotion is deemed acceptance of the Terms by the Entrant and acknowledgment that they satisfy all eligibility criteria.

HOW TO ENTER
6.To enter the Promotion, Entrants must fill out their details and fill in the entry form at www.nzherald.co.nz/promotions ("Entry" or "Entries"). The Entry must describe what their ultimate Auckland day trip would look like, and must include the following information:
a.Where the entrant would like to go for their ultimate Auckland day trip;
b.What the entrant would like to do for their ultimate Auckland day trip;
c.Where the entrant would like to eat for their ultimate Auckland day trip;
d.Who the entrant would take with them on their ultimate Auckland day trip; and
e.What music the entrant would listen to on their ultimate Auckland day trip.
7.Once an Entry has been created, that Entry will become the property of Ford including, to the extent applicable, any information provided by the Entrant.
8.An Entrant can only create one Entry to be eligible for the Promotion. Multiple entries will not be eligible Entries.
9.The Entrant warrants that all information provided by them is correct. The Entrant also warrants that any image or text message submitted as part of an Entry does not infringe any third party rights including, but not limited to, any third party intellectual property rights.
10.To the extent an Entry infringes these Terms including, but not limited to, infringing a third party's rights, the Entrant agrees to indemnify and hold Ford, its directors, agents and associated entities harmless from all claims, loss or damages suffered by them as a result of the Entrant's breach.
11.The Entrant (including if they are the Winner as noted below) gives Ford and their associated companies permission, for an indefinite period of time (unless otherwise advised), to use their name, and any information submitted as part of the Entry, for the purposes of the Promotion and/or any other promotional marketing, publicity, research and profiling purposes in the future. These purposes include sending electronic messages or telephoning the entrant. Ford will not be required to seek the Entrant's permission or compensate them for any such use.
12.The judges' decision in relation to any aspect of the Promotion will be final and binding on every person who enters. No correspondence will be entered into.
13.Entries must not be offensive, defamatory or racist. Any Entry which the judges deem inappropriate will be invalid. The Entrant agrees to indemnify Ford for any losses in this regard.

HOW TO WIN
14.An Entrant will be selected based on the merits of their entry and judged by Ford Motor Company of New Zealand Ltd after Monday 19 December 2016 at midnight, and announced the following week on 24 December 2016. Ford Motor Company of New Zealand Ltd reserve the right to exercise full discretion in selecting the winning entry.
15.Camino Ltd will contact the selected Entrant by telephone to confirm whether all eligibility criteria are satisfied. If the selected Entrant satisfies all eligibility criteria under these Terms, they will be declared the winner ("Winner").
16.If the selected Entrant does not satisfy all eligibility criteria as determined by Camino Ltd, a new Entrant will be drawn in accordance with the above process, and the process repeated, until a Winner is selected.
17.The selected Entrant must designate at least one person and no more than four people to be their guest(s). To be an eligible guest, the designated person must be a person who:
a.meets all criteria (including the Eligibility Criteria noted below) set out in these Terms throughout the Promotion Period;
b.are New Zealand residents; and
c.are aged 18 years or older or, if under 18 years of age, under the legal care of the Entrant or another Guest ("Guest").
18.A Guest will NOT be an eligible Guest if they:
a.are employed by Ford, J. Walter Thompson or NZME Limited;
b.have been convicted of a crime under the Crimes Act 1961.
20.If the Winner does not respond within 24 hours of being notified, or if they are found to have breached these Terms, they will forfeit the Prize and another Winner will be selected and contacted in accordance with the above.
19.If the Winner does not respond to any correspondence from Ford and/or Camino Ltd within 24 hours of being contacted by telephone, Ford reserves the right to declare them as having forfeited the Prize and select another Winner in accordance with the above.
20.As part of the Promotion, Ford and its promotional partners may capture content (still or video) of the winner experience. As a result, taking up the Prize is contingent on the Winner and their Guest(s) authorising filming and photography on the terms provided to them when they are notified to be the Winner.

PRIZE DETAILS
21.The Winner and their Guest(s) will win an Auckland day trip with up to $1,500 (incl GST) to spend and the use of a 2016 Ford Focus Titanium for the day (the "Prize"). The exact details of the Prize will be determined by Ford after the Winner is drawn and after discussions with the Winner. The 2016 Ford Focus Titanium will be groomed and fully fuelled prior to the Winner's use of the vehicle. Depending on the location and activities decided on, Ford may cover costs for the Auckland day-trip such as (but not limited to) meals and entertainment costs. Prior to the commencement of the Auckland day trip, Ford will provide the Winner with written details of what cost relating to the Auckland day trip that Ford will cover (the "Covered Day-trip Costs").
22.The Prize will be available for collection in Auckland three months from the draw date. The Winner will be advised separately of the location for collection of the prize vehicle.
23.The colour and specifications of the 2016 Ford Focus Titanium may vary from that shown on the promotional material.
24.The Winner must sign a standard Short-Term Loan Car Agreement with Ford New Zealand and comply with the terms of that agreement while they are using the 2016 Ford Focus Titanium.
25. The Prize does not cover any costs incurred other than what is specified in the Covered Day-trip Costs. The Winner and their Guest are responsible for all other costs, which may include (without limitation) fuel costs additional to what is covered by fuel provided in the 2016 Ford Focus Titanium or any fuel vouchers provided by Ford, meals and beverages additional to any meals and beverages paid for by Ford, entertainment additional to any entertainment not covered in the Covered Day-trip Costs, telephone charges and tips.

26.Ford is not responsible for any cancellation, postponement, delay or rescheduling of transport and any costs incurred as a result, including without limitation, any accommodation or travel costs which will be the responsibility of the Winner.

27.No portion of the Prize is redeemable for cash (unless otherwise stipulated). The Prize is not refundable or transferable and is subject to all restrictions as set by Ford and the Prize providers.

28.Ford takes no responsibility for loss or injury suffered by the Winner (and their Guest(s)) as a result of taking the Prize except as required by law. Ford recommends that the Winner (and their Guest(s)) have valid insurance when taking up the Prize.
29.Ford and its associated agencies and companies will take no responsibility for any issues associated with accessing the Promotion or using the Prize. NZME and Ford Motor Company of New Zealand Ltd bear no responsibility for late, lost or misdirected entries, or entries not correctly lodged. NZME and Ford Motor Company of New Zealand Ltd are not responsible for the transmission or receipt of any incorrect information associated with entries, either caused by user error or any equipment or programming malfunction associated with the promotion
30.It is a condition of awarding the Prize that if requested to do so by the Ford or Camino Ltd, the Winner will sign and return any affirmation of eligibility to enter, ownership of entry, confidentiality agreement and/or release and waiver forms provided to the winner by the Ford or Camino Ltd. Failure to return the signed statements/forms will result in the entitlement to the Prize being forfeited.
GENERAL
28.Ford, in its sole discretion, reserves the right to modify, cancel, terminate or suspend the Terms and Promotion at any time, subject to any regulatory obligations it may have.
29.Each Entrant acknowledges and agrees that:
a.the Promotion is administered by Ford;
b.the Promotion is in no way sponsored, endorsed, administered by, or associated with, Facebook;
c.they are providing information to Ford and not to Facebook; and
d.to the fullest extent permitted by law, Facebook (including its officers,
employees, and agents), will not be liable in any way (including negligence) for any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Promotion.
30.On drawing and contacting the Winner, the Winner's first and last names (which form part of their successful Entry) may be used within an announcement post.
31.The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.
32.Ford reserves the right, at any time, to verify the validity of Entries, Entrants and Guests (including an Entrant's or their Guest's identity, age and place of residence) and to disqualify any Entrant who submits an Entry that is not in accordance with these Terms or who tampers with the Entry process. Failure by Ford to enforce any of its rights at any stage does not constitute a waiver of those rights.
33.Ford assumes no responsibility for:
a.any error, omission, interruption, or delay in the operation or transmission of any communication including, but not limited to, submitting any Entry or sending any email communication to NZME or Ford by any Entrant (or by Ford to any Entrant) whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise;
b.any theft, destruction or unauthorized access to, or alteration of such communications; or
c.any problem with, or technical malfunction of, or capability issue (or lack thereof), relating to any computer system, smart phone or other equipment used for the conduct of the Promotion.
34.If, for any reason, the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other causes beyond the control of Ford, which corrupt or affect the administration security, fairness or integrity or proper conduct of this Promotion, Ford reserves the right in its sole discretion to take any action that may be available, subject to any New Zealand laws and/or regulations.

35.Ford will not be liable if the Prize cannot be taken up due to an event not reasonably within its control having exercised reasonable diligence, including but not limited to if there is a fire, storm, flood, earthquake, act of God, war (whether declared or undeclared), acts of terrorism, industrial dispute, blockade, lightning, explosion or meteor event, governmental restraint, expropriation or prohibition.
36.Except for any liability that cannot be excluded by law, Ford (including its officers, employees and agents) 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 the Promotion, including, but not limited to, where arising out of the following:
a.any technical difficulties or equipment malfunction (whether or not under the Ford's control);
b.any theft, unauthorised access or third party interference;
c.any Entry or Prize that is late, lost, altered, or misdirected (whether or not after its receipt by Ford) due to any reason beyond the reasonable control of Ford;
d.any variation in the Prize to that stated in these Terms;
e.any tax liability incurred by an Entrant; or
f.the use of the Prize.
37.Nothing in these Terms is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993. These terms and conditions must be read subject to those statutory provisions and will not affect any statutory rights that an Entrant may have in relation to the return of a Prize.
38.Ford, in its sole discretion, reserves the right to cancel, suspend, terminate or modify the Promotion or any part of the Promotion if fraud, technical failures or any other factor beyond Ford's reasonable control adversely affects its ability to conduct the Promotion or part of the Promotion as contemplated in these Terms. Any cancellation or modification to the Promotion will be notified on Ford's Facebook page.
39.Ford collects personal information in accordance with its Privacy Policy (which can be found at http://www.ford.co.nz/privacy-disclaimer) in order to conduct the Promotion. Ford may, for this purpose, disclose such information to third parties, including, but not limited to, agents, contractors, service providers, offer suppliers and, as required, to New Zealand regulatory authorities. Validity of an Entry is conditional on providing this information.
40.Entrants have the right of access to, and right to request correction of, their personal information. Entrants should direct any request to access, update or correct information to Ford at: Ford Motor Company of New Zealand Limited, Private Bag 76912, Manukau City 2241, New Zealand, or alternatively email nzinfo@ford.com
41.These Terms are governed by New Zealand law.