Your Big Break

Section A: Preliminary Terms

1. The following terms and conditions (referred to as the ‘Terms’) apply to the ‘100% Pure New Zealand Your Big Break Competition’ (referred to as the ‘Competition’)

2. IMPORTANT NOTE TO THE ENTRANT: Please read these Terms very carefully before you fill in the Competition form and submit your written three minute screen play and supporting material in a 60 second clip (if any) (all together referred to as the ‘Entry’).

   You, as the entrant in this Competition (referred to as the ‘Entrant’), must read and agree to these Terms before submitting an Entry. By completing and submitting an Entry, Entrants are deemed to have confirmed that they have read, understood and unequivocally accept all of the Terms of this Competition and meet the eligibility requirements outlined in clause 7 of Section B of these Terms.

3. Nature of the Competition: Full details of the ‘100% Pure New Zealand Your Big Break Competition’, are set out in detail at www.your-big-break.com. In summary:
   1. The Entrant must submit via the www.your-big-break.com micro site, a written three minute screenplay. We recommend Entrants accompany the screenplay with supporting material in a 60 second video clip that brings the Entrant’s screenplay to life, such as storyboards, stock footage edits and narratives.
   2. Once the Competition is closed (relevant dates are set out below), five (5) Stage 1 winning Entries will be selected as follows:
      1. The Entry with the largest number of public votes on www.your-big-break.com (as determined by Tourism New Zealand in its sole and exclusive discretion, and subject to Tourism New Zealand being satisfied (following advice from an expert panel) that the Entrant’s screenplay is capable of producing a three minute short film within the time limit and budget constraints of the Competition);
      2. The remaining four (4) winning entries will be chosen by an expert panel, made up of Academy Award Winning producers, editors and filmmakers.
      (referred to as the ‘Stage 1 Winners’).
   3. Immediately following announcement of the Stage 1 Winners in the week commencing January 18 2010, the Stage 1 Winners will be flown to New Zealand (as set out in more detail in Section C of the Terms), and will have the opportunity to turn their Entry into a three minute short film (referred to as the ‘Film’). The Stage 1 Winners will assume the role of director of the Film (supervised by Tourism New Zealand) and will have access to world class production facilities and a budget of up to NZD$100,000 per Stage 1 Winner to complete the Film (referred to as the ‘Budget’). The Stage 1 Winners must be available from the week commencing January 18, 2010 to fly to New Zealand for a three week period commencing February 1, 2010. Failure to be available on the dates nominated by Tourism New Zealand will result in a forfeiture of any further involvement in this Competition by the Stage 1 Winner.
   4. By entering this Competition, each Entrant unequivocally acknowledges that if they are chosen as a Stage 1 Winner, their role will at times be subject to the absolute direction of Tourism New Zealand and any of Tourism New Zealand’s nominated affiliates, during the entire production process of the Film (including pre-production, production and post-production of the Film). All decisions of the Stage 1 Winners in respect of the content of their respective Film, the use of the Budget or otherwise, will be subject to the sole and exclusive approval and discretion of Tourism New Zealand.
   5. The Budget must be used by the Entrant to meet the costs of all pre-production, production and post-production (including the costs of post-production at Park Road Post). If the Budget exceeds the costs incurred by the Entrant to complete the Film, the excess funds will be retained by Tourism New Zealand and the Entrant will have no rights to those excess funds. Post completion of each Film, the Stage 1 Winners will have the opportunity to have their Film viewed and judged by Peter Jackson. Peter Jackson will select one winning Film and director (referred to as the ‘Stage 2 Winner’ and ‘Winning Film’).
   6. The Winning Film will be aired and broadcast in the United States. Due to the nature of this Competition, it is acknowledged that the exact details of when and where the Winning Film will be broadcast, will be updated on this website as those details become available and are confirmed by Tourism New Zealand.

Section B: General Terms

4. Organizers: The promoter of this competition is the New Zealand Tourism Board trading as Tourism New Zealand (referred to as ‘Tourism New Zealand’), 147 Victoria Street West, Auckland 1010 New Zealand.
5. Entry: Entrants hereby certify that all statements made in their Entry are true and complete and understand that if any of the disclosures made by him/her are false, this will be cause for disqualification of the Entrant’s consideration for this Competition.
6. Prize Providers: Any prizes associated with any aspect of this Competition will be supplied by Tourism New Zealand (and its respective suppliers, participating agents, distributors, agents, and associated entities).
7. Scope of the Prize: The prizes for this Competition are set out in Section C of these Terms, below, and for the avoidance of doubt, there are no further prizes associated with this Competition.
8. Entry Dates and Specifications: The Competition opens on December 9, 2009 at 10am NZ Daylight Time and closes on January 16, 2010 at 9am NZ Daylight Time (‘Closing Date’). To enter this Competition, Entrants must complete and submit their Entry by the Closing Date, in the manner specified at www.your-big-break.com and such Entry must be consistent with all requirements set out in the ‘My Big Brief’ available at www.your-big-break.com. Entries submitted by any other means will not be accepted. Each Entrant must provide all information required, including his or her correct legal name, date of birth, postal address and, phone number, email address and any other contact information required to contact Entrant. If the Entrant is successful in being selected as a Stage 1 Winner, the Entrant agrees to provide further contact details to enable Tourism New Zealand to contact the Entrant during his/her time in New Zealand.
9. Invalid Entries: Tourism New Zealand (including Strutta.com Media Inc, the application and third party hosting provider used by Tourism New Zealand to run this Competition) assumes no responsibility for any error, omission, interruption, deletion, defect, failure, malfunction, alteration, delay in delivery, operation or transmission, theft, or other circumstance of any kind, which may affect an Entry or an Entrant’s participation in the Competition. Any Entry which Tourism New Zealand, in its sole discretion, deems to have manipulated the entry process or to be automated, incomplete, illegible, damaged, mutilated, forged, otherwise tampered with in any way or inappropriate in any way, will not be accepted. Tourism New Zealand reserves the right to verify the validity of entries (as specified throughout these Terms).
10. Eligibility: In order to be an eligible Entrant, you must:
    1. be eighteen years (18) of age or older and, if requested by Tourism New Zealand, provide evidence of your age to Tourism New Zealand’s reasonable satisfaction; and
    2. not be an employee (or immediate family member of an employee) of Tourism New Zealand (or of its respective suppliers, participating agents, distributors, agents, and associated entities).
11. No Payment Necessary: No payment or purchase is necessary to enter this Competition, however, any costs associated with producing an Entry and entering this Competition, including, but not limited to, any production costs associated with the Entry or obtaining internet access, will be the sole responsibility of the respective Entrant.
12. Draw and Notification of Winner: As set out in Section C of these Terms, there are various stages to this Competition and corresponding prizes at each stage. The prize winner(s) at any stage will be notified by Tourism New Zealand in an appropriate manner, on or around the dates specified in Section C of the Terms. The name of the prize winner(s) at any stage of the Competition will be published and may remain published on the Tourism New Zealand website or an affiliate of Tourism New Zealand.
13. Availability: By entering into this Competition, the Entrant agrees to be available and free to travel, on the dates, during the periods of and to the destinations, as specified in Section C of the Terms. Where an Entrant is not available and free to travel, on the dates, during the periods of and to the destinations, specified in Section C of these Terms, then that Entrant shall be deemed to have forfeited its Entry and effective immediately and shall no longer be considered an Entrant in this Competition.
14. Decisions: Tourism New Zealand’s decisions regarding all aspects of this Competition including, without limitation, decisions regarding the eligibility of Entries or Entrants, the conduct of the Competition, the selection of the winners, the interpretation of these Terms and the allocation of the prize(s), are in Tourism New Zealand’s sole and exclusive discretion and are final. There shall be no appeal process regarding any decision made by Tourism New Zealand. To the maximum extent permitted by law:
    1. No decisions of Tourism New Zealand or any of the judges associated with this Competition may be challenged on any grounds, including (without limitation), due to any alleged or actual failure of Tourism New Zealand to act reasonably, fairly, in good faith, or otherwise in accordance with the principles of procedural fairness; and
    2. Tourism New Zealand’s decisions will remain binding and conclusive even if those decisions were allegedly or actually wrong or based on any factual error or otherwise based on any unreasonable, irrational, or irrelevant consideration.
15. Cancellation, changes or substitution: Tourism New Zealand reserves the right to cancel this Competition, or to change or vary any condition or requirement of this Competition (in any way it deems fit), without notice. Tourism New Zealand reserves the right to substitute the prizes or any part of the prizes (due to unavailability or for any other reason) with a different prize or part of the prize of equal or greater monetary value.
16. Intellectual Property/Copyright: By entering into this Competition the Entrant confirms and acknowledges the following:
    1. Any Entry that is submitted must be the Entrant’s original work and must not infringe on any copyright or any other rights of any third party.
    2. All required permissions regarding music, sound and/or images presented within the Entry, have been lawfully acquired by the Entrant.
    3. Tourism New Zealand (including Strutta.com Media Inc. the application and third party hosting provider used by Tourism New Zealand to run this Competition) is not liable for any copyright infringements perpetrated by the Entry and/or the Entrant.
    4. The Entry does not violate any applicable law or regulation (including any laws regarding anti-discrimination or false advertising).
    5. The Entry is not obscene or pornographic.
    6. The Entry does not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, date or personal information.
    7. Tourism New Zealand (including at its discretion and without limitation, any and all of its partners or subcontractors including Strutta.com Media Inc.,(the application and third party hosting provider used by Tourism New Zealand to run this Competition)), may broadcast, edit, publish or screen the Entry and where relevant, the Film or Winning Film in perpetuity and in all media now known or later invented. This includes, without limitation, websites owned/controlled by Tourism New Zealand or associated with this Competition, or as determined by Tourism New Zealand at its discretion.
17. Assignment of Rights: By signing and submitting an Entry , from the date of the respective Entry, each Entrant is deemed to have:
    1. assigned and thereby relinquished, all intellectual property rights, all interests (including, but not limited to, copyright) and all proprietary rights whatsoever, to the original Entry, and where relevant, the Film or Winning Film (including any stage of pre-production, production or post-production associated with the Entry, Film or Winning Film), exclusively to Tourism New Zealand.
    2. granted to Tourism New Zealand a non-exclusive, royalty free perpetual worldwide license to use any such copyright and other intellectual property rights in any and all media to the extent Tourism New Zealand deems it appropriate.
    3. ensured that any person or persons whose image has been used in the Entry, Film or Winning Film has given valid consent for the use of their image or has waived any rights they may have in the images, videos or other media submitted. Failure to adequately demonstrate this consent to the satisfaction of Tourism New Zealand may result in Entrant’s disqualification from the Competition and forfeiture of any prize.
    4. granted to Tourism New Zealand and its representatives, agents and employees the right to use any biographical information contained in within the Entry and to record, use and publicize the Entry in any manner in connection with the Competition.
    5. granted and assigned, relinquished and released all intellectual property rights (which for the purposes of these Terms will include; intellectual property rights, whether registered or unregistered, including copyright (including future copyright), patents and the right to apply for patents, trademarks, plans, domain names, confidential information, and any similar rights), all interests and all proprietary rights whatsoever, to the Entry and, if relevant the Film or Winning Film (referred to as the ‘Original Work’), and where relevant, any development to or production on the Original Work (including any stage of pre-production, production or post-production associated with the Original Work and the Competition). For the avoidance of doubt, from the date of the Entry, the Original Work will be the exclusive property of Tourism New Zealand, to use, exhibit or exploit in any manner it deems fit, at its sole discretion.
18. Publicity and Contact: By entering into this Competition, each Entrant (irrespective of whether that Entrant is a prize winner):
    1. Agrees to be questioned or interviewed (whether in person or by other means such as email or phone), filmed and photographed and agrees to be available for interviewing, filming, photography and for other public relations, marketing and promotional activities associated with this Competition, as required and as directed by Tourism New Zealand.
    2. Agrees to allow Tourism New Zealand to make contact with the Entrant (whether in person, by phone, email or otherwise) for the purpose of requesting further information from the Entrant in relation to their Entry or Film or this Competition.
    3. Consents to his or her names, image, photograph and likeness being recorded, reproduced, published, copied, communicated and otherwise used by Tourism New Zealand for advertising, publicity and marketing and promotional purposes in any television program, video recording, or printed or electronic materials throughout the world, in perpetuity, and without the need for any compensation. Agrees, not without the specific prior written consent of Tourism New Zealand, to publish or disclose any information in connection with the Competition or the prize (in particular, without limitation, to a representative of the media, in whatever form). Entrant shall not be entitled to give interviews or be involved in articles or reports regarding the Competition or the prize with any third party without the specific prior written consent of Tourism New Zealand.
19. Liability: Acceptance and participation in this Competition, and where any Entrant becomes a prize winner, use of the prize(s), is at the Entrant’s own risk and is their responsibility. To the maximum extent permitted by law, Tourism New Zealand (and for the purposes of this clause and this Competition, their subsidiaries, related companies, associated entities, employees, contractors and agents including Strutta.com Media Inc (the application and third party hosting provider used by Tourism New Zealand to run this Competition)) shall not be liable for any personal injury, loss, damage (whether direct or indirect), cost, or expense howsoever caused (including through negligence or breach of statutory duty) arising out of or in connection with:
    1. This Competition, the prizes, or the claiming or use of the prizes;
    2. The acts or omissions of Tourism New Zealand;
    3. Any act of God, or other event or occurrence beyond the control of Tourism New Zealand.
20. Warranties: To the maximum extent permitted by law, Tourism New Zealand (and for the purposes of this clause and this Competition, their subsidiaries, related companies, associated entities, employees, contractors and agents including Strutta.com Media Inc(the application and third party hosting provider used by Tourism New Zealand to run this Competition)) disclaim all guarantees, warranties, and representations of any kind (whether express, implied or statutory) with respect to this Competition, the prize, and the claiming and use of the prize.
21. Privacy: Personal information provided by each Entrant will be stored and used by:
    1. Tourism New Zealand, for the purposes of conducting this Competition; and
    2. Tourism New Zealand for additional purposes (such as research, promotion, or marketing activities to provide Entrants with information and promotional material relating to New Zealand tourism and travel) where that Entrant agrees that the user may use his or her personal information for those additional purposes, but will not otherwise be used or disclosed by Tourism New Zealand, except as required or permitted by the New Zealand Privacy Act 1993 or by other applicable laws. An Entrant may request access to, or correction of, information held by Tourism New Zealand about that entrant by writing to Tourism New Zealand at 147 Victoria Street West, Auckland 1010, New Zealand or calling us on +64 9 914 4780.
22. Governing Law: This Competition and these Terms shall be governed by New Zealand law and the courts of New Zealand shall have exclusive jurisdiction to hear and determine all issues and disputes that may arise in relation to this Competition or these Terms. Entrants submit to the jurisdiction of the New Zealand courts and agree that the New Zealand courts are a convenient forum in which to resolve any issue or dispute arising out of or in relation to this competition.
23. Conflicting Law: In the event that acceptance and receipt of the prize by the Stage 1 Winners or the Winner, would be in conflict with or be in breach of any local law or legal requirement within the local jurisdiction of the Stage 1 Winners or the Winner, Tourism New Zealand reserves the right to withdraw the offer of the prize to the relevant Stage 1 Winners or the Winner, and in the event that this decision is made, that decision would be final, with no further correspondence entered into between Tourism New Zealand and the relevant Stage 1 Winners or Winner.

Section C: Scope of the Prize

24. Scope of the Prize: This Competition has various stages and with a corresponding prize associated with that stage. The stages, prizes and key dates are as follows:

25. Scope of the Prize: All other travel expenses incidental to and associated with this prize, are the sole responsibility of the Stage 1 Winners, including (but not limited to) any:
    1. accommodation, meals (unless determined otherwise by Tourism New Zealand in its sole discretion), transfers and other travel costs including those associated with travelling to and from the closest international departure point in the Entrant’s home country, sightseeing, spending money and any other incidentals associated with any stage of the prize or their travel;
    2. travel insurance, departure and airport taxes, security taxes, government charges, insurance levies, fuel surcharges, customs/agriculture fees, and passenger facility charges.
26. Travel Documentation and Compliance: The Stage 1 Winners are responsible for obtaining (and the costs associated with obtaining) all necessary travel documentation including passports and travel visas where applicable, and are responsible for ensuring that they comply with all immigration and travel visa requirements.
27. Travel Dates: The Stage 1 Winners must travel at the dates nominated and allocated to each Stage 1 Winner, by Tourism New Zealand. Due to the production schedules for each of the five Stage 1 Winners, travel dates and details will be advised during the week commencing January 18, 2010 (referred to as the ‘Notification Date’). Stage 1 Winners must be available at short notice to fly to New Zealand immediately following the Notification Date for a three week period commencing February 1, 2010. Failure to be available will result in a forfeiture of any further involvement in this Competition by the Stage 1 Winners.
28. Claiming the Prize/Verification: Stage 1 Winners must, within 5 days of the Notification Date, accept and confirm all travel arrangements provided to them by Tourism New Zealand (or any person nominated by Tourism New Zealand). Failure to do so will be deemed a forfeit of any further participation in this Competition. Stage 1 Prize Winners may be required to provide proof of identity.

The following terms and conditions apply to the “Your Big Break” Viewers Choice Sweepstakes (open to USA residents only)

1. Special Note to Entrants: Entrants must read and agree to these terms and conditions (‘Sweepstakes Terms’) before entering this competition. By completing and submitting the competition entry form, entrants are deemed to have confirmed that they accept these Sweepstakes Terms. Please note that this competition is only open to residents of the United States of America (‘USA’), who currently reside in the USA (pursuant to clauses 10 and 13, proof of residency may be required).
2. Organiser: The promoter of this competition is the New Zealand Tourism Board trading as Tourism New Zealand (‘Tourism New Zealand’), 147 Victoria Street West, Auckland, New Zealand 1010. The prize will be supplied by Tourism New Zealand.

3. Prize: There are five (5) prizes to be won. Please note each prize consists of two (2) adult Air New Zealand economy class return tickets for air travel from the USA, departing from any of the following; Los Angeles, San Francisco, New York, Chicago and Houston, to Auckland, New Zealand, for the winner and a companion of the winner’s choice (and for the avoidance of doubt, this includes return tickets from Auckland, New Zealand, to the nominated airport the prize winner departed from)(referred to as the ‘Prize’ and unless specified otherwise any winner and the companion of the winner, is referred to as the ‘Prize Winner’)

   Note that the Prize Winner is responsible for any additional transportation costs to and from the departure airport and any domestic travel within New Zealand.

4. Prize Suppliers: All parts of the Prize supplied by the carrier will be subject to the carrier’s general terms and conditions of carriage. All parts of the Prize supplied or arranged by Tourism New Zealand are subject to standard booking conditions. The providers of any goods and services forming part of the Prize might impose additional terms and conditions in relation to the supply of those goods and services.
5. Scope of the Prize: The Prize consists solely of the items listed in paragraph 3 above. All other expenses including, without limitation, spending money, all meals, alcohol, all accommodation, tips, additional transportation, airport transfers, insurance (including travel insurance), departure and airport taxes, security taxes, government charges, insurance levies, fuel surcharges, customs/agriculture fees, and passenger facility charges, are the sole responsibility of the Prize Winner.
6. Travel Documentation: The Prize Winner is responsible for obtaining and the costs associated with obtaining, all necessary travel documentation including passports and visas where applicable.
7. Travel Dates: The Prize Winner (including the Prize Winner’s companion) must travel together. The Prize Winner must depart within 12 months from the Notification Date (as defined below). The travel tickets are subject to flight and seat availability and may be restricted at the discretion of Tourism New Zealand during peak season travel times. If the Prize Winner is unable to travel in accordance with the above date restriction, the Prize Winner will be deemed to have forfeited the prize. Flights must be booked at least four (4) weeks before the departure date.
8. Entries: The competition opens on Wednesday December 9, 2009 at 10.00am (New Zealand standard time) and closes on Friday January 15, 2010 at 5.00pm (New Zealand standard time). (‘Closing Date’). Entries must be received by Tourism New Zealand by the Closing Date. Tourism New Zealand (including Strutta.com Media Inc., the application and third party hosting provider used by Tourism New Zealand to run this competition), assumes no responsibility for any error, omission, interruption, deletion, defect, failure, malfunction, alteration, delay in delivery, operation or transmission, theft, or other circumstance of any kind, which may affect an entry or an entrant’s participation in the competition. Any entry which Tourism New Zealand, in its sole discretion, deems to have manipulated the entry process or to be automated, incomplete, illegible, damaged, mutilated, forged, otherwise tampered with in any way or inappropriate in any way, will not be accepted. Tourism New Zealand reserves the right to verify the validity of entries.
9. Entering: To enter this competition, entrants must complete and submit the online entry form available at www.your-big-break.com by the Closing Date. Entries submitted by any other means will not be accepted. Each entrant must provide all information required on the entry form, including his or her correct name, postal address, and email address.
10. Eligibility: For the avoidance of doubt, a person may enter this competition only if that person:
    1. is either a permanent resident and currently residing in the USA (with indefinite leave to remain) or a citizen of the USA, in each case whose primary place of residence is the USA at the time of entering this competition; and
    2. is eighteen (18) years of age or older.
    Employees (and immediate employee family members) of Tourism New Zealand (or of their respective suppliers, participating agents, distributors, agents, and associated entities) are not eligible to enter. Tourism New Zealand reserves the right to verify the validity of entries.
11. No Payment Necessary: No payment or purchase is necessary to enter this competition, but any costs associated with obtaining internet access in order to visit www.your-big-break.com will be the sole responsibility of the respective entrants.
12. Draw and Notification of Winner: The Prize Winner will be drawn randomly using an electronic process and Tourism New Zealand will endeavour to notify the winner via email on or about 22 January 2010 (‘Notification Date’). The Prize Winner’s name will be published on www.your-big-break.com and may remain published for a period up to 6 months following publication.
13. Claiming the Prize: The Prize Winner must, within 2 weeks of the Notification Date, claim his or her prize by emailing Kimberley Jensen at register@nztb.govt.nz The Prize Winner may be required to prove their identity (including confirmation of current residency within the USA). If the Prize Winner does not claim the Prize within two (2) weeks of Tourism New Zealand first attempting to notify the Prize Winner, the Prize Winner will be deemed to have forfeited the prize and Tourism New Zealand may draw a new winner by re-conducting the prize draw. Tourism New Zealand will then attempt to notify the new winner of the results of the prize draw. The new winner must then claim the Prize by emailing Kimberley Jensen at register@nztb.govt.nz. The new winner may be required to prove his or her identity (including confirmation of residence within the USA) and make all necessary bookings relating to the Prize within four (4) weeks of Tourism New Zealand first attempting to notify the new winner (failing which, the new winner shall be deemed to have forfeited the Prize, the competition shall be at an end, and the Prize shall remain the property of Tourism New Zealand).
14. Decisions: Tourism New Zealand’s decisions regarding all aspects of this competition including, without limitation, decisions regarding the eligibility of entries, the conduct of the competition, the operation of the Prize draw, the interpretation of these Terms and the allocation of the Prize, are final. No correspondence will be entered into. To the maximum extent permitted by law:
    1. no decisions of Tourism New Zealand may be challenged on any grounds, including (without limitation), due to any alleged or actual failure of Tourism New Zealand to act reasonably, fairly, in good faith, or otherwise in accordance with the principles of procedural fairness; and
    2. Tourism New Zealand’s decisions will remain binding and conclusive even if those decisions were allegedly or actually wrong or based on any factual error or otherwise based on any unreasonable, irrational, or irrelevant consideration.
15. Cancellation, changes or substitution: Tourism New Zealand reserves the right to cancel this competition, or to change any condition of this competition, without notice. Tourism New Zealand reserves the right to substitute the Prize or any part of the Prize (due to unavailability or for any other reason) with a different Prize or part of the Prize of equal or greater monetary value.
16. Publicity: By entering into this competition, the Prize Winners:
    1. agree to be interviewed and photographed and agree to be available for interviewing, photography and for other public relations and promotional activities associated with this competition, as required by Tourism New Zealand; and
    2. consent to their names, photographs and likenesses being recorded, reproduced, published, copied, communicated and otherwise used by Tourism New Zealand for advertising, publicity and promotional purposes in any television programme, video recording, or printed or electronic materials throughout the world, in perpetuity, and without the need for any compensation other than the prize.
17. Ownership: All entries (including all copyright and other intellectual property rights that may subsist therein) will become the property of Tourism New Zealand and may be copied, published, adapted, communicated and used by Tourism New Zealand for any purpose (including, without limitation, future promotional, public relations, and sales development activities) without the need to obtain the permission of, or to compensate, any entrant
18. Liability: Acceptance and use of the Prize is at the Prize Winner’s own risk and is his or her responsibility. To the maximum extent permitted by law, Tourism New Zealand (and for the purposes of this clause and this competition, its subsidiaries, related companies, associated entities, employees, contractors and agents, including Strutta.com Media Inc.(the application and third party hosting provider used by Tourism New Zealand to run this competition)) shall not be liable for any personal injury, loss, damage (whether direct or indirect), cost, or expense howsoever caused (including through negligence or breach of statutory duty) arising out of or in connection with:
    1. this competition, the Prizes, or the claiming or use of the Prizes;
    2. the acts or omissions of Tourism New Zealand;
    3. any act of God, or other event or occurrence beyond the control of Tourism New Zealand.
    Any person given a ticket by the Prize Winner in accordance with this competition is deemed to have agreed to these Sweepstakes Terms (where relevant, except the requirement to be a resident of the USA and a citizen of the USA) and in particular this clause 18.
19. Warranties: To the maximum extent permitted by law, Tourism New Zealand (and for the purposes of this clause and this competition, its subsidiaries, related companies, associated entities, employees, contractors and agents, including Strutta.com Media Inc.(the application and third party hosting provider used by Tourism New Zealand to run this competition)) disclaim all guarantees, warranties, and representations of any kind (whether express, implied or statutory) in respect of this competition, the Prize, and the claiming and use of the Prize.
20. Privacy: Personal information provided by each entrant will be stored and used by:
    1. Tourism New Zealand, for the purposes of conducting the competition; and
    2. Tourism New Zealand, for additional purposes (such as research, promotion, or marketing activities to provide entrants with information and promotional material relating to New Zealand tourism and travel) where that entrant agrees that the Organiser may use his or her personal information for those additional purposes, but will not otherwise be used or disclosed by Tourism New Zealand, except as required or permitted by the New Zealand Privacy Act 1993 or by other applicable laws. An entrant may request access to, or correction of, information held by Tourism New Zealand about that entrant by writing to Tourism New Zealand at 147 Victoria Street West, Auckland, New Zealand 1010 or calling us on +64 9 914 4780.
21. Governing Law: This competition and these Sweepstakes Terms shall be governed by New Zealand law and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine all issues and disputes that may arise in relation to this competition or these Sweepstakes Terms. Entrants submit to the jurisdiction of the New Zealand courts and agree that the New Zealand courts are a convenient forum in which to resolve any issue or dispute arising out of or in relation to this competition.
22. Conflicting Law: In the event that acceptance and receipt of the Prize by the Prize Winners, would be in conflict with or be in breach of any local law or legal requirement within the local jurisdiction of the Prize Winners, Tourism New Zealand reserves the right to withdraw the offer of the Prize to the Prize Winners, and in the event that this decision is made, that decision would be final, with no further correspondence entered into between Tourism New Zealand and the Prize Winners.