bandit.fm Track-A-Pack Promotion
Terms and Conditions
1. This promotion ("Promotion") is conducted by Bluebird Foods Ltd, 124 Wiri Station Road, Manukau City, Auckland and Frucor Beverages Ltd, 86 Plunket Ave, Manukau City, Auckland (together "Promoters").
The Promotion is only open to Eligible Purchasers. An "Eligible Purchaser" is an individual who: (i) is a resident of New Zealand who resides in New Zealand; and (ii) purchases one of the Promoters' specially marked food or beverage products between 9am on 25/1/10 and 11:59pm on 4/6/10.
Each Eligible Purchaser of one of the Promoters' food or beverage products that is specially marked and refers to this Promotion ("Promotion Product") is eligible to submit a claim for a bandit.fm account credit sufficient to download one digital music track from the bandit.fm digital music store ("Download Claim").
The packaging of each Promotion Product has a unique code ("Unique Download Code") printed on its inside surface. Each Unique Download Code may be used to submit one (and only one) Download Claim.
In order to submit a Download Claim, an Eligible Purchaser of a Promotion Product ("Claimant") must, during the period from 9am on 25/1/10 to 11:59pm on 4/6/10, visit www.bandit.fm/nztrackapack and enter their Unique Download Code. If a Claimant does not already have a bandit.fm account at the time he/she makes such a claim, he/she must also set up a bandit.fm account and provide such details (including first and last names, date of birth and e-mail address) as are required for that purpose. A Claimant must not create more than one bandit.fm account.
All times and dates in these conditions are times and dates in New Zealand.
For each accepted Download Claim, one credit to the value of $1.79 (inc GST) ("Download Credit") will be recorded against the Claimant's bandit.fm account. All Download Credits are issued by Sony Music Entertainment Australia Pty Ltd ("Sony"), the operator of the bandit.fm website.
Download Credits are valid until 11:59pm on 2/7/10 ("Redemption Deadline"). Any Download Credits (and unused parts of Download Credits) will become void if not used by the Redemption Deadline and will be deducted from the credit balance of the bandit.fm account against which they were recorded.
A Claimant may redeem a Download Credit that has been awarded to the Claimant's bandit.fm account by visiting the bandit.fm website, logging on to their account and using that account to purchase any track that is available for download at the bandit.fm website. When any purchase is made, any credits (including Download Credits) recorded against the Claimant's account will be applied to the purchase in order of their expiry date (ie a credit that expires first will be applied first).
Download Credits are redeemable only for music downloads and only at www.bandit.fm. A Claimant may accumulate Download Credits to purchase multiple tracks or one or more whole albums (provided sufficient credit is accumulated to cover the total purchase cost).
Throughout the period during which Download Credits may be used to purchase downloads, the maximum price for downloading any track available from bandit.fm will be $1.79 (inc GST).
If one or more Download Credits are applied to a purchase and the purchase price is less than the value of the Download Credit(s) applied, the remaining balance will be held as a credit against the bandit.fm account until the Redemption Deadline.
All Download Claims must be received by 11:59pm on 4/6/10 in order to be valid and all Download Credits must be redeemed by the Redemption Deadline. Proof of lodging a Download Claim does not constitute proof of receipt of that Download Claim.
The Promoters and Sony exclude any representation that any particular track will be available for download from the bandit.fm site at any time. A Download Credit cannot be used in conjunction with any other offer and is not redeemable for cash or other monetary payment.
All purchases at the bandit.fm website must be made from within New Zealand (ie, they must be made using a web browser that is allocated a New Zealand IP address).
All Download Credits and bandit.fm accounts are subject to such other terms and conditions as may be imposed by Sony from time to time. Full terms to which Download Credits and bandit.fm accounts are subject are available at www.bandit.fm.
All Download Claims may be subject to verification by the Promoters. If requested to do so, a Claimant must deliver to the Promoters (by a means determined by the Promoters):
Any costs associated with accessing websites necessary to obtain or redeem a Download Credit are the responsibility of the person seeking access and are dependent on the internet service provider used. The Promoters or Sony may reject any Download Claim or redemption if any of them reasonably forms the opinion that the Download Claim or redemption has been submitted fraudulently, using automated means or in a manner which is otherwise not in accordance with these terms and conditions or the terms and conditions for operation of a bandit.fm account.
Each Download Credit is valued at $1.79. There is a maximum of 5,500,000 Download Credits available to be claimed. The maximum total value of all Download Credits available to be claimed is $9,845,000. Each Download Credit is valued as at 10/9/09. The Promoters take no responsibility for any variations in value.
If a Download Credit is unavailable for any reason, the Promoters will, in their absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification in their sole discretion. To the extent permitted by law the Promoters accept no liability or responsibility for any loss incurred by a Claimant or any other person if a Download Credit or the bandit.fm website is unavailable for any reason.
A right to submit a Download Claim is not transferable or exchangeable and cannot be taken as a monetary payment.
If for any reason the conduct or operation of the Promotion is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoters reserve the right to cancel, terminate, modify or suspend or recommence the Promotion, or any aspect of the Promotion, in their sole discretion.
The Promoters assume no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoters, Sony or any participant in this Promotion, whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise, (ii) any theft, destruction or unauthorized access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Promotion; (iv) any incorrect or incomplete information which may be communicated in the course of the administering this Promotion (whether as a result of one of the foregoing causes or otherwise).
CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTERS RESERVE THE RIGHT TO REFER ANY SUCH CONDUCT TO THE RELEVANT AUTHORITIES AND/OR TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
To the full extent permitted by law, the Promoters and Sony, their associated companies and agencies and all those entities' personnel (the "Relevant Parties") exclude all liability for any loss (including, without limitation, any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Purchaser in connection with the Promotion or any Download Claim, including (without limitation): (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; and (iii) any liability for personal injury or death.
If any provision of these conditions is unenforceable for any reason, it will be severed and the remaining provisions will remain in full force and effect.
Claimants' personal information will be collected by or on behalf of Sony to enable it to administer the Promotion, operate the Claimant's bandit.fm account and will be provided to the Promoters. Personal information will be held by Sony at 11 - 19 Hargrave Street, East Sydney, NSW, Australia and by the Promoters at the addresses set out in clause 1 of these terms and conditions. If a Claimant consents, their personal information may be used by Sony and the Promoters to market their respective products and services to the Claimant. Persons may contact Sony by visiting http://www.bandit.fm/about/home or the Promoters by post at the addresses stated in condition 1 or by calling 0800 730 123 in respect of Bluebird or Flemings branded products or 0800 502 929 in respect of Pepsi branded products during business hours to request access to, or corrections of, any of their collected personal information that is held by Sony or the Promoters. If a Claimant does not provide accurate and complete personal information the Promoters or Sony may determine that they are not eligible to receive a Download Credit.