Competition Terms & Conditions
1. Promoter
The Promoter is Evergreen Garden Care NZ Ltd, Truman Lane, Te Maunga, Mount Maunganui, New Zealand ("Tui").
2. Acceptance of Terms
By entering a competition, promotion or giveaway run by Tui, you agree to be bound by these Terms & Conditions and any competition-specific details provided in the relevant competition post, advertisement, website page or entry form.
3. Eligibility
- Entry is open to New Zealand residents only unless otherwise stated.
- Employees of Evergreen Garden Care NZ Ltd and their immediate family members are not eligible to enter.
- "Immediate family" includes a spouse, partner, parent, sibling or child.
- Entrants under the age of 18 must have the permission of a parent or legal guardian to enter.
4. Promotion Period
The opening and closing dates for each competition will be specified in the relevant competition information.
Entries received outside the stated promotion period may not be accepted.
5. Entry Requirements
To enter, participants must follow the instructions provided for the specific competition.
Tui reserves the right to disqualify any entry that:
- does not comply with these Terms & Conditions;
- contains offensive, inappropriate, defamatory or unlawful content;
- infringes the intellectual property, privacy or other rights of another person; or
- is suspected of being fraudulent, misleading or manipulated.
6. Winner Selection
The method for selecting the winner (random draw, judged entry or other stated method) will be outlined in the competition details.
Unless otherwise stated:
- the Promoter's decision is final and no correspondence will be entered into;
- winners will be contacted using the contact details provided at entry or, for social media competitions, by direct message via the platform on which they entered; and
- if a winner cannot be contacted within seven (7) days, Tui reserves the right to select an alternative winner.
7. Prizes
Prize details will be outlined in the competition information.
Prizes are not transferable, exchangeable or redeemable for cash.
Tui reserves the right to substitute a prize with another prize of equal or greater value if necessary.
Tui will make reasonable efforts to deliver prizes to winners within New Zealand. Delivery timeframes cannot be guaranteed.
Tui is not responsible for prizes lost, delayed or damaged in transit.
8. Technical Issues
Tui accepts no responsibility for entries that are late, lost, incomplete, misdirected or unable to be submitted due to technical disruptions, internet failures, social media platform outages or other factors beyond Tui's reasonable control.
9. Use of Entries and User-Generated Content
By entering a competition, you confirm that:
- you own or have permission to use any content submitted;
- any people featured in submitted content have given appropriate permission where required; and
- your entry does not infringe the rights of any third party.
By submitting content as part of a competition, you agree that Tui may use, reproduce, publish, share and display your entry for marketing, promotional and editorial purposes across Tui-owned and managed channels, including:
- tuigarden.co.nz;
- Tui email communications;
- Tui social media channels;
- Tui marketing materials; and
- other Tui promotional content.
Where practical, Tui will seek permission before using submitted content outside the administration or promotion of the competition. However, entry into the competition constitutes permission for Tui to use submitted content in connection with the competition and related promotional activities.
Tui may, but is not obliged to, credit the creator when using submitted content.
10. Winner Publicity
By accepting a prize, winners agree that Tui may publish their first name and winning entry on Tui-owned channels, including the Tui website, email communications and social media channels, for competition administration and promotional purposes.
11. Privacy
Personal information collected as part of a competition will be handled in accordance with Tui's Privacy Policy and applicable New Zealand privacy legislation.
Tui may contact entrants regarding the administration of the competition. Entrants will only receive ongoing marketing communications where they have provided consent to do so.
12. Social Media Competitions
For competitions conducted via social media platforms including Facebook, Instagram, TikTok and other social media channels:
- entrants must comply with the terms, conditions and community guidelines of the relevant platform;
- winners will generally be notified by direct message via the relevant platform and may be required to provide contact details for prize fulfilment;
- this promotion is in no way sponsored, endorsed, administered by or associated with Facebook, Instagram, TikTok or any other social media platform used to promote the competition; and
- entrants release the relevant social media platform from any responsibility or liability associated with the competition.
13. Limitation of Liability
To the maximum extent permitted by law, Tui will not be liable for any loss, damage, injury or expense arising directly or indirectly from participation in a competition or acceptance and use of a prize.
Nothing in these Terms & Conditions limits any rights consumers may have under New Zealand law.
14. Changes and Cancellation
Tui reserves the right to modify, suspend, cancel or amend a competition or these Terms & Conditions at any time where reasonably necessary.
15. Governing Law
These Terms & Conditions are governed by the laws of New Zealand.
Any disputes arising in connection with a competition or these Terms & Conditions will be subject to the exclusive jurisdiction of the New Zealand courts