FUJISQUAD Award of Excellence – Terms and Conditions

 

1.                       General

 

1.1               The FUJIFILM “Award of Excellence” administered by FUJIFILM NZ (Incentive) is open to operators that are FUJIFILM Certified only.

 

1.2               Please read these terms and conditions (Terms) carefully. By entering this Incentive, you accept these Terms and acknowledge and agree that these Terms create a legally binding contract between you and FUJIFILM NZ and you agree that you will comply with, and be bound by, them. If you do not agree with these Terms you must not enter the Incentive.

 

2.                       Incentive Term

2.1               The Incentive runs from NZDT 12.01AM 19th July 2023 to 11.59PM 28th February 2024 (Incentive Term).

3.                       Definitions

In these Terms the following expressions shall have the following meanings unless stated otherwise:

 

3.1               “Eligible Operator” means an operator who is over the age of 18 years, a New Zealand resident and employed by an authorised FUJIFILM NZ photo printing retailer.

3.2               “FUJIFILM Certified” means an Eligible Operator who qualifies as FUJIFILM Certified by satisfying the eligibility criteria set out in clause 5.

3.3               “Fujisquad Certified Certificate” means a certificate that has been awarded to a Participant for completing all assigned training modules on the Operator Training System.

      3.4               “FUJIFILM NZ” means Fujifilm NZ Limited (NZBN 9429040727882).

      3.5               "Incentive” has the meaning given to that term in clause 1.1.

      3.6               “Incentive Term” has the meaning given to that term in clause 2.1.

      3.7               “Nominee” means the Participant who has been selected by FUJIFILM NZ to be awarded the Prize.

3.8               “Operator Training System” means the online training system available at fujisquadtraining.co.nz.

3.9               “Participant” or “you” means an Eligible Operator who has opted in to the Incentive in accordance with these Terms.

3.10           "Prize" means the prize outlined in clause 4 of these Terms that can be awarded to 1 (one) Participant in accordance with these Terms.

3.11           “Red Balloon” means Red Balloon Pty Ltd (ABN 13 097 376 442).

3.12           “Terms” means these terms and conditions.

 

4.                       Prize

4.1               The “Prize” is a NZD$1,000 voucher to spend on any Red Balloon experience or product in accordance with Red Balloon’s terms and conditions.

4.2               Subject to Red Balloon’s terms and conditions, the Prize may be redeemed online through the Red Balloon website or over the phone with Red Balloon’s customer service team.  The voucher will have an expiry date of 5 years from the date that it is issued by Red Balloon – the voucher must be used on or before its specified expiry date otherwise it will lapse and will not be capable of being redeemed.

4.3               You acknowledge and agree that:

4.3.1               if you do not accept these Terms at any time during the Incentive Term or at any time after you have been selected as the Nominee, you will immediately forfeit your status as the Nominee and you will immediately forfeit any Prize that you have been awarded;

4.3.2               if you are selected as the Nominee, you will only be able to use the Prize subject to the terms and conditions applied by Red Balloon from time to time; and

4.3.3               if you are selected as the Nominee, FUJIFILM NZ’s sole obligation to you will be to issue you with the Prize and FUJIFILM NZ will not, and will have no obligation to, enter into any further discussions, negotiations or correspondence with you in connection with the Prize.

 

5.                       Becoming FUJIFILM Certified

 

5.1               Eligibility: To participate in the Incentive and become eligible to be selected as the Nominee, you must qualify as FUJIFILM Certified. To qualify as FUJIFILM Certified, you must:

 

5.1.1               be an Eligible Operator at all times during the Incentive Term;

 

5.1.2               disclose to FUJIFILM NZ any information that it requires from time to time in order to register and maintain you as a Participant in the Incentive;

 

5.1.3               sign up to the Operator Training System, complete the training modules assigned to you on the Operator Training System from time to time and by any deadline specified by FUJIFILM NZ and obtain a Fujisquad Certified Certificate(s) as and when required by FUJIFILM NZ;

 

5.1.4               promptly complete all other training and continuous education requirements set for you by FUJIFILM NZ from time to time;

 

5.1.5               receive positive feedback from FUJIFILM NZ technicians and associated FUJIFILM NZ technical staff;

 

5.1.6               receive at least one nomination to be eligible as FUJIFILM Certified by another member of the FUJIFILM NZ staff; and

 

5.1.7               be an active participant in all competitions and promotions administered by FUJIFILM NZ and any of its related entities.

 

5.2               Determination of eligibility: FUJIFILM NZ:

 

5.2.1               may vary the eligibility criteria set out in clause 5.1 from time to time without notice to you;

 

5.2.2               has sole discretion to determine whether you:

 

(a)     meet the criteria set out in clause 5.1; and

 

(b)     qualify as FUJIFILM Certified from time to time;

 

5.2.3               may retract your status as FUJIFILM Certified at any time on grounds which it considers to be reasonable (without notice to you); and

 

5.2.4               reserves the right to exclude you as a Participant on grounds which it considers to be reasonable (without notice to you).

 

6.                       Nominee

 

6.1               There will be one (1) Nominee.

 

6.2               The Nominee will be selected by FUJIFILM NZ in its sole discretion on 29th February 2024 at FUJIFILM NZ’s offices located at 2c William Pickering Drive, Albany, North Shore 0745. FUJIFILM NZ will determine and select the Nominee in its sole discretion based on its assessment of the skill and knowledge demonstrated by each Participant who has qualified as FUJIFILM Certified. The selection of the Nominee by FUJIFILM NZ is final and FUJIFILM NZ will not enter into discussions or correspondence with the Participants as to the selection of the Nominee.

 

6.3               The Nominee will be notified by email and/or by telephone within 24 hours of being determined as the Nominee. If the Nominee is uncontactable within 24 hours of being determined as the Nominee, that Nominee will immediately forfeit the Prize and FUJIFILM NZ will select a replacement Nominee in accordance with clause 6.2.

6.4               The Nominee will be announced to all Participants on 6th March 2024 via email.

 

6.5               The Prize cannot be transferred by you to any other person or exchanged with FUJIFILM NZ for cash.

 

7.                       Privacy

 

7.1               By participating in the Incentive, you authorise FUJIFILM NZ to publish your name and employing FUJIFILM NZ retailer if you become FUJIFILM Certified or are selected as the Nominee for promotional and / or media publicity purposes, and you further waive any claims in perpetuity to royalties, rights or remuneration in respect of any such use.

 

7.2               FUJIFILM NZ respects your right to privacy and will only use the information you provide to us to conduct the Incentive, administer and award the Prize and for any related publication as contemplated under clause 7.1 above.

 

7.3               Please note that to participate in the Incentive, you must provide certain personal information to FUJIFILM NZ (including your e-mail address, legal name, employing FUJIFILM NZ retailer, physical address, telephone number, etc.). If you choose not to provide such personal information, you will not be eligible to participate in the Incentive in accordance with clause 5.1.2. In addition to any provision in these Terms, FUJIFILM NZ's Privacy Policy (which is available at https://www.fujifilm.com/nz/en/privacy) applies to personal information collected by FUJIFILM NZ. Where there is an inconsistency between these Terms and FUJIFILM NZ’s Privacy Policy, these Terms will prevail to the extent required to reconcile any such inconsistency.

 

8.                       Liability

 

8.1               FUJIFILM NZ accepts no responsibility or liability for any circumstances (including technical issues) which may disrupt your ability to enter into, or participate in, the Incentive.

 

8.2               To the maximum extent permitted by law, FUJIFILM NZ shall not be liable for:

 

8.2.1               any failure to fulfil FUJIFILM NZ’s obligations under the Incentive or under these Terms;

 

8.2.2               any act taken, or omission, by Red Balloon in connection with the Red Balloon voucher awarded to the Nominee; or

 

8.2.3               any terms which may be imposed on the Nominee by Red Balloon.

 

8.3               FUJIFILM NZ reserves the right to:

 

8.3.1               amend, extend, cancel or vary the Prize;

 

8.3.2               substitute elements of the Prize with elements of similar monetary value (as determined by FUJIFILM NZ in its sole discretion); or

 

8.3.3               amend, extend, cancel or vary the Incentive, without notice to you and without any liability to you whatsoever.

 

8.4               To the maximum extent permitted by law, FUJIFILM NZ, and its parent companies and affiliates and their respective directors, officers, employees, representatives and agents shall not be responsible for any and all liability or any injury, loss or damage of any kind to, or of, any person or property (including, without limitation, death of any person), arising in whole or in part, directly or indirectly, from the acceptance and use of a Prize or for any error, act or omission of FUJIFILM NZ in connection with these terms or FUJIFILM NZ’s implementation of the Incentive, or otherwise as a result of participation in the Incentive.

 

9.                       General

 

9.1               If any court of competent jurisdiction finds any provision or part of these Terms to be illegal, invalid or unenforceable that provision or part will be severed from these Terms and the remaining terms and provisions of these Terms will remain in force and constitute the agreement between FUJIFILM NZ and you.

 

9.2               FUJIFILM NZ reserves the exclusive right to vary these Terms at any time for any reason and without notice to you except where such variation materially alters your rights and / or obligations under these Terms.

 

9.3               These Terms are governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand.