Effective 14 November 2016
This website is an online service provided by 8thFloorAds ("Us/We/Our"), e-mail coaches at KiwiOpinions, website http://www.kiwiopinions.co.nz/
- A user may not use another person's name or information to receive competition entries from this website. For example, one person may not join the site for another person, or complete offers for another person's account.
- Competition Entries cannot be transferred between accounts.
- Each user is personally responsible for maintaining the security of his or her account. A user should not share his or her account information and is responsible for keeping his or her password confidential. KiwiOpinions is not liable for any losses incurred through the access of your account by a third party or the disclosure of your password or account.
- Any user who has his or her account placed on hold may not create another account on any of the KiwiOpinions websites. All parties residing at the same physical address as a user on hold will be affected by this mandate and thus, may be placed on hold indefinitely.
- Cancellation of Account.
- To deactivate an account, please visit the Contact Us page and follow the prompts. Once completed your account will be deactivated within 72 hours.
- Any unauthorized use or entry ("hacking") into the KiwiOpinions website is illegal and is punishable by law. The slightest violation of any law will provide sufficient impetus for us to prosecute the offender to the fullest extent of the law.
II. Account Status
- Common Reasons for Being Placed on Hold
- Fraudulent referrals.
- Negative feedback from one of our affiliates or offers being completed and immediately cancelled.
- Posting information on a website, forum, or auction that has to do with "cancelling the offers" included, but not limited to, cancellation phone numbers, cancellation time frames, and any encouragement or direction to cancel the offers after signing up with them.
- Bidding on trademarked keywords associated with our advertising partners or their affiliates in Internet search engines to gain referrals through sponsored search results. (e.g. Bidding on the keyword "Blockbuster" in Google and appending your referral link to this bid upon keyword.)
- Posting your referral link in places where it is not welcome, or spamming your referral link online in any capacity is strictly prohibited. If we see or receive complaints about your referral methods that we deem risky, we may place your account or accounts on hold.
- Any other reason or a combination of reasons at the sole discretion of KiwiOpinions.
- Additional terms regarding "hold" status
- We reserve the right to place a user's account on hold at any time.
- We are not responsible for notifying a user about his or her account being placed on hold.
- If an account on KiwiOpinions is placed on hold, all other accounts created by that individual may be placed on hold as well. Moreover, all orders from any account created or connected to this individual may be frozen and the user will be unable to receive competition entries from any of their accounts.
- A user who has had his or her account placed on hold may not create another account on the KiwiOpinions website.
- A user's account may be placed on hold indefinitely.
- A user may not receive any reimbursement for points or referrals accumulated prior to being placed on hold.
- If a user feels that he or she has been placed on hold in error (i.e. has not acted against the terms of KiwiOpinions), he or she may contact us via our website.
- We reserve the right to place a user's account on hold after they have gotten credit for a free item, and even after ordering and receiving their free item. We also hold the right to follow up legally on fraudulent activities.
Intellectual Property. The Site, and all information and/or content that can be seen, heard or otherwise experienced on the Site, including without limitation all reports, text, video, graphics, audio, and other materials (collectively, the "Content") are protected by US and international copyright, trademark and other laws, and belong to KiwiOpinions or to third parties. You may use the Site and the Content solely for your personal or internal use. You may download, print and store portions of the Content that you select for such use. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. KiwiOpinions reserves complete title and full intellectual property rights in any Content you download from the Site. You may not modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site, except as expressly permitted by these Terms and Conditions. You may not mirror or frame the home page or any other pages of the Site on any other web site or web page and may not connect links, including "deep links" to the Site. You may not use a robot, scraper, or other automated means of accessing the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
DISCLAIMER OF WARRANTIES.
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT. KiwiOpinions MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. KiwiOpinions EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICES PROVIDED BY KiwiOpinions, AND THE CONTENT.
KiwiOpinions DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. KiwiOpinions DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED "WITH ALL FAULTS," ON AN "AS IS" AND "AS AVAILABLE" BASIS.
LIMITATION OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, KiwiOpinions WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL KiwiOpinions BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF KiwiOpinions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
User Conduct. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of KiwiOpinions or any third party.
Indemnification. You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless KiwiOpinions, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms and Conditions.
These Terms of Service will be governed by and construed in accordance with the laws of Australia as contracts entered into in that country, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. We recognize the global nature of the Internet. You agree to comply with any and all local laws or rules regarding your conduct online including the downloading of documents that may be prohibited under laws that apply to your country of residence.
Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be correct or current. KiwiOpinions reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. KiwiOpinions does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Questions or Additional Information. If you have any questions regarding these Terms and Conditions or wish to obtain additional information, please email coaches at KiwiOpinions
Date of Last Modification
November 14, 2016
“CHANCE TO PLAY TO WIN $50,000” PROMOTIONTERMS AND CONDITIONS
- Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
- Entry is only open to Australian and New Zealand residents aged 18 years or over.
- Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.
- Promotion commences on 14/11/2016 and final entries close at 5:00pm AEST on 23/01/2018 (“Promotional Period”).
- To enter, individuals must complete the following steps during the Promotional Period:
- visit www.ilovemoneynetwork.com.au;
- follow the prompts to click through to one (1) of the brand specific pages featured on www.ilovemoneynetwork.com.au (each a “Brand Page”);
- follow the prompts to the promotional entry form featured on that Brand Page (each a “Brand Entry Form”);
- input the requested details (including their full name, gender, age, postcode and a valid email address); and
- submit the fully completed Brand Entry Form.
- Incomplete or indecipherable entries will be deemed invalid.
- Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per unique Brand Entry Form completed; and (c) each entry must submitted in accordance with entry requirements. For the sake of clarity, individuals are eligible to submit multiple Brand Entry Forms, however, they are only eligible to submit each separate unique Brand Entry Form once.
- 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 individual 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.
- 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.
- The draw will take place at Loyalty Marketing, Suite 11, 210 Toorak Road, South Yarra, VIC 3141 at 9:30am AEST on 23/10/2017. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
- The winner will be notified by telephone and in writing by email within two (2) business days of the draw, and their name will be published online at ilovemoneynetwork.com from 23/11/2017.
- The Promoter’s decision is final and no correspondence will be entered into.
- The first valid entry drawn will win that entrant (“Participant”) the opportunity to play a contingency game (“the Game”) for the chance to win $50,000. The prize will be paid in the currency of the winner’s country of residence. If the $50,000 prize is won by a Participant, the below provides examples of how the winner can use the $50,000 cash prize, which will be awarded as a bank cheque. In all cases below, these are only examples of how the $50,000 cash prize can be used if won:
- Car up to the value of $50,000
- Shopping spree up to the value of $50,000
- Caravan up to the value of $50,000
- New York holiday up to the value of $50,000
- Cosmetics up to the value of $50,000
- Wardrobe and Kitchen Makeover up to the value of $50,000
- First Home, Dream Home or Investment Property Home Loan deposit up to the value of $50,000
- Family SUV up to the value of $50,000
- Tokyo or London Holiday up to the value of $50,000
- Home electronics system up to the value of $50,000
- Camping Equipment up to the value of $50,000
- Fuel/Petrol up to the value of $50,000
- Department Store voucher up to the value of $50,000
- Building & Hardware voucher up to the value of $50,000
- Furniture voucher up to the value of $50,000
- Airline/Flight voucher up to the value of $50,000
- Camera Equipment up to the value of $50,000
- The Game will take place at Loyalty Marketing, Suite 11, 210 Toorak Road, South Yarra, VIC 3141 at 9:00am AEST on 23/10/2017. Any and all costs associated with attending the Game are the sole responsibility of the Participant. If the Participant cannot attend the Game, the Participant may participate in the Game via telephone whereby they will select a number between 1 and 200 (inclusive) and a representative of the Promoter will select the envelope bearing that number on their behalf. In the event that the Promoter has not been able to contact the Participant before the start of the Game, a representative of the Promoter will play the Game on the Participant’s behalf.
- There will be 200 envelopes on display at the start of the Game. One (1) envelope will contain a promotional message representing $50,000. The other 199 envelopes will each contain a promotional message representing $100. The Participant/representative (“Attendee”) must choose only one (1) envelope without touching, handling or interfering in any way with any of the other envelopes on display. If the Attendee is found to have breached this condition, he/she will be disqualified. If the Attendee selects the envelope containing the promotional message representing $50,000, then, subject to verification by the judges, the drawn Participant will win $50,000. If the Attendee selects an envelope containing a promotional message representing $100, then the $50,000 prize will not be given away and, subject to verification by the judges, the drawn Participant will win $100. The prize will be awarded in the winner’s local currency as a cheque made payable in the winner’s name.
- The drawn Participant’s odds of winning the $50,000 prize are 1 in The odds of being drawn as a Participant may be significantly higher than the odds of the drawn Participant winning the $50,000 prize, and will depend upon the number of entries received.
- Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize, then the prize will be forfeited.
- Total prize pool value is up to AU$50,000.
- The prize, or any unused portion of the prize, is not transferable or exchangeable.
- If the prize remains unclaimed by 9:00am AEDST on 23/01/2018, a re-draw for the prize, may take place on at 9:30am AEDST on 23/01/2018 at the same place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified by telephone and in writing by email within two (2) business days of the re-draw, and their name will be published online at www.ilovemoneynetwork.com from 24/01/2018. The winner, if any, will be awarded the prize selected by the Attendee at the Game.
- Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- 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.
- Any cost associated with accessing a promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
- 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.
- 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 any statutory consumer guarantees as provided under consumer protection laws in 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) 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.
- 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 tax liability incurred by a winner or entrant; or (e) taking/use of the prize.
- As a condition of accepting the prize, the 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.
- The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
- The promoter is Ashopfor Pty Ltd (ABN – 11129377966) of 1308/109 Pitt St, Sydney, NSW 2000, Australia +61 2 8003 4281 (“Promoter”).
ACT Permit No. TP16/02229
SA Permit No. T16/2026