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FUJIFILM NZ Limited
Rules
Welcome to the 2018 Learn, Earn and Win with FUJIFILM NZ Online Training
Programme, provided to you by FUJIFILM NZ, through this Website.
This Website provides you with access to the Programme that you
may enter and participate in, in accordance with these Rules.
1.
Definitions:
In these Rules the following expressions shall have the following
meanings unless stated otherwise:
1.1
"Eligible Salesperson", means a salesperson who is a New Zealand
resident, employed by a participating FUJIFILM NZ Retailer authorized to
sell FUJIFILM X-Series and GFX-Series Camera Products and accessories;
1.2
"FUJIFILM NZ" means FUJIFILM NZ Limited including its employees, agents
or sub-contractors;
1.3
"FUJIFILM NZ X-Series Camera Products" means FUJIFILM NZ X-Series and
GFX-Series digital cameras and camera accessories as specified by
FUJIFILM NZ on its website, www.fujifilm.co.nz, from time to time;
1.4
"Authorized FUJIFILM NZ Retailer" means a retailer that is authorizedby
FUJIFILM NZ to sell FUJIFILM X-Series and GFX-Series Camera Products;
1.5
"FUJIFILM NZ Customers" means with respect to the FUJIFILM NZ Camera
Products manufactured and delivered by FUJIFILM NZ, any retail customer
who purchases FUJIFILM NZ Camera Products from any authorized FUJIFILM
NZ Retailer;
1.6
"Programme" means the 2018 Learn, Earn and Win with FUJIFILM NZ Online
Training Programme;
1.7
"Member Account" means the account on this website accessed by a Member
using that Member’s unique user name and password, set up by a Member at
registration and self-maintained by a Member using the site’s MyProfile
tab.
1.8
"Member" or "you" means an Eligible Salesperson who has completed the
registration process on this website and whose registration has been
accepted by FUJIFILM NZ in accordance with these Rules;
1.9
"Prize Form" means the form required to be completed by a Scratch and
Win Prize winner or Sweepstakes Draw Prize winner for FUJIFILM NZ (in
the form provided by FUJIFILM NZ for that purpose); "Programme Period"
means the periods specified in the tables at clauses 7.2 and 8.3 of
these Rules, during which a Member may enter and participate in the
Programme;
1.10
"Registration Form" means the online form that a Member must complete to
apply to become a Member of the Programme;
1.11
"Scratch and Win Prize" means one of the 178 Scratch and Win gift card
prizes that can be won by a Member in accordance with these Rules;
1.12 "X-PERT Sweepstakes Draw Prize" means one of the prizes outlined in the table in clause 8.3 of these Rules that can be won by a Member in accordance with these Rules;
1.13 "This website" means www.fujifilmtraining.co.nz
1.14 “Training Programme” means the Learn, Earn and Win with FUJIFILM NZ Online Training Programme;
1.15
“2016/2017” refers to the time period Novemer 16, 2016 through January
31,
2018;
1.16
“2018” refers to the time period February 1, 2018 through
January 31, 2019.
2.
General
2.1
These Rules (as amended by FUJIFILM NZ from time to time) (Rules)
set out the terms and conditions of the Programme designed by FUJIFILM
NZ exclusively for Eligible Salespersons of FUJIFILM NZ Camera Products.
Please read these Rules carefully.
You must accept and comply with these Rules to access or use the
Programme. By ticking the
"accept Rules" box on the registration page of this Website you accept
these Rules and acknowledge and agree that these Rules create a legally
binding contract between you and FUJIFILM NZ that you will comply with
and be bound by. If you do
not agree with these Rules you must not access or use the Programme.
3.
Participation
3.1 Entry: Entry in the Programme requires a participant to have internet access and a valid email address.
4.
Becoming a Member
4.1
Eligibility: To become a Member
and participate in the Programme, you must be a New Zealand resident, an
Eligible Sales Person and have successfully completed the registration
process in accordance with these Rules.
For the avoidance of doubt, membership in the Programme is free
and does not require you to pay a membership fee or purchase FUJIFILM NZ
products or other products.
4.2 Ineligibility: Employees or Agents of FUJIFILM NZ, or persons who have been involved in the organisation or implementation of the Programme are not eligible to win or be awarded any prizes or rewards (sweeptakes and/or scratch and win prizes) in the Programme.
4.3
Registration: To become a
Member of this Website you must go to the registration page of this
Website and: (a) complete the registration form (name, email address,
password, employing FUJIFILM NZ retailer and store location); (b)
acknowledge and agree to these Rules; and (c) submit the registration
form by clicking on “Submit”.
You will only become a Member of this Website and eligible to
participate in the Programme, once FUJIFILM NZ confirms your
registration by sending you an email confirming your registration
FUJIFILM NZ reserves the right to ask for proof that you are currently
employed by an authorizedFUJIFILM NZ Retailer.
ONLY ONE (1) ONLINE REGISTRATION ENTRY PER PERSON IS
PERMITTED. Multiple
registration attempts beyond the stated limit will not be accepted for
registration. Incomplete, late, or lost registrations will not be
accepted for registration. Any attempt to alter or submit a
registration form, other than as expressly specified in these Rules or
on this Website, is strictly prohibited and will result in
disqualification of that attempted registration, and may result in
disqualification from using this Website.
Correspondence about registration will be answered at FUJIFILM
NZ’s discretion.
5.
Membership disqualification
5.1
FUJIFILM NZ reserves the right to reject any application for
registration and disqualify any person who, as determined by FUJIFILM NZ
in its absolute discretion: (a) provides false information in the
registration process; (b) attempts to gain additional registrations
beyond those contemplated by these Rules; (c) cheats in any online
digital camera training module tests; (d) attempts to tamper with the
Programme; (e) harasses or interferes with any other Member; or (f)
otherwise acts in an inappropriate or unsportsmanlike way.
6.
Member Passwords, Account Access Rights & Responsibilities
6.1
Your email address is your username.
You must create a password, in accordance with system
restrictions, as part of the registration process.
You must login using your username and password to access the
Programme. You are
responsible for keeping your username and password confidential.
You are solely responsible for all activities that occur under
your username and password, including all unauthorized
activities.
Your username and password can be changed by you on the MyProfile
tab, accessible only after you have logged into the system.
You agree to, and must: (a) immediately notify FUJIFILM NZ of any
unauthorized
use of your username and password or any other breach of
security related to this Website or the Programme, and (b) ensure that
you exit from your Member Account at the end of each session by logging
out and/or closing down your browser.
You agree to abide by all applicable laws and regulations with
respect to your Member Account.
6.2
FUJIFILM NZ:
6.2.1
will encrypt your password on its database;
6.2.2
is entitled to act on instructions received under your username and
password, or from correspondence from your registered email account; and
6.2.3
cannot and will not be liable for any loss or damage arising from your
failure to adequately safeguard your username and/or password.
6.3
Generally, only you will be entitled to access your Member Account
information. However:
6.3.1 You
consent to FUJIFILM NZ's employees or agents accessing your Member
Account on a case-by-case basis to investigate any matter including but
not limited to complaints or allegations of abuse.
If this occurs, FUJIFILM NZ shall not disclose the existence or
occurrence of such an investigation unless otherwise required by law;
and
6.3.2
FUJIFILM NZ will comply with court orders and co-operates with
investigations by government agencies.
Under these circumstances, your Member Account information may be
shared with others with or without your knowledge or consent.
7.
Training Programme
7.1
General Description: The
Training Programme consists of a series of online digital product
training modules for particular FUJIFILM NZ Products made available on
this Website.
7.2
Programme Periods: There are
three (3) Training Programme Periods as detailed in the table below:
7.3
Methods of Participation: There
are three (3) separate methods of participating in the Training
Programme during each Programme Period:
(1) Registration participation; (2) training module
participation; and (3) X-PERT participation.
PARTICIPATION AND ENTRY THROUGH REGISTRATION IS A PRECONDITION TO
PARTICIPATION THROUGH THE OTHER PARTICIPATION METHODS.
Each method of participation is further described below.
7.4
Registration:
To enter the Training Programme, you must, during a Programme
Period, successfully register to become a Member in accordance with
clause 4.3. Once you have
successfully registered as a Member of the Programme, you will
automatically receive one (1) electronic Scratch and Win game piece
A MAXIMUM OF ONE (1) ELECTRONIC SCRATCH 'N WIN GAME PIECE IS AVAILABLE
TO NEW MEMBERS.
7.5
Training Module Participation:
To participate in the Programme through the training module
participation method, you must be a Member and during a Programme
Period: (a) successfully complete a FUJIFILM NZ online training module
made available on this Website; and (b) successfully complete the online
quiz at the end of that online training module by answering the required
test questions correctly.
Where you answer less than the required questions correctly, you will be
given an opportunity to retake the quiz.
Upon successful completion of each FUJIFILM NZ online training
module, you will receive
one (1) electronic Scratch and Win
piece.
A MAXIMUM OF ONE (1) SCRATCH 'N WIN GAME PIECE FOR EACH SUCCESSFULLY
COMPETED COURSE IS AVAILABLE THROUGH THE TRAINING MODULE PARTICIPATION
METHOD FOR ALL 3 PER PROGRAMME PERIODS (FEBRUARY 1, 2018 TO JANUARY 31,
2019).
7.6
X-PERT Participation
2018: There are two (2) FUJIFILM NZ X-PERT
Levels: 1)
FUJIFILM NZ X-PERT Level One; and 2) FUJIFILM X-PERT Level Two.
Each X-PERT level is defined on the X-PERT page of the
www.fujifilmtraining.co.nz.
In order to participate and attain X-PERT status, you must:
Participants who have achieved FUJIFILM NZ
Ambassador
Level Two status
during 2016/2017 and have sucessfully completed the required courses by
January 31, 2018 will qualify to have their 2016/2017 FUJIFILM NZ
Ambassador status upgraded into 2018 FUJIFILM NZ X-PERT Level One
status.
7.6.1
2018 FUJIFILM NZ X-PERT Level One:
Upon completion of the FUJIFILM NZ X-PERT Level One status, in addition
to the Scratch and Win game pieces already received in accordance with
clause 7.5, you will receive
an additional:
(a)
one (1) electronic Scratch and Win game piece;
(b)
one (1) Sweepstakes Draw entry for each of the X-PERT Level One
Sweepstakes draws.
LIMIT ONE (1) FUJIFILM NZ X-PERT LEVEL ONE
PARTICIPATION PER PERSON FOR EACH OF THE 3 PROGRAMME PERIODS (FEBRUARY
1, 2018 TO JANUARY 31, 2019).
7.6.2
2018 FUJIFILM NZ X-PERT Level Two:
Upon completion of the FUJIFILM NZ X-PERT Level Two status, in addition
to the Scratch and Win game pieces and Sweepstake Draw Entries already
received in accordance with clause
7.5 and 7.6.1, you will
receive an additional:
(a)
One (1) electronic Scratch and Win game piece; and
(b)
Five (5) Sweepstakes Draw entries for each of the X-PERT Level One
Sweepstakes; and
(c)
One (1) Sweepstakes Draw entry for the X-PERT Level Two Sweepstakes.
LIMIT ONE (1) FUJIFILM NZ X-PERT LEVEL TWO PARTICIPATION PER PERSON FOR
ALL 3 PROGRAMME PERIODS (FEBRUARY 1, 2018 TO JANUARY 31, 2019).
You must achieve X-PERT Level One Status prior to completing X-PERT
Level Two Status.
8.
Prizes
8.1
Scratch and Win
8.1.1 General: The total approximate value of all prizes offered through the Scratch and Win portion of the Programme is $5,300. There are a total of one hundred and seventy-eight (178) Scratch and Win gift card prizes available through the Programme. There are a total of one hundred and twenty (120) $25 retail gift cards, twenty-five (25) $50 retail gift cards, and three (3) $100 retail gift cards available to be won for the total Programme Periods. Any given person may win one Scratch and Win prize per Scratch and Win game piece as herein described.
8.1.2
Scratch and Win winners:
Where you are entitled to receive an electronic Scratch and Win game
piece in accordance with these Rules, the electronic Scratch and Win
game piece will automatically appear on your computer screen as the LCD
screen of a digital camera.
To reveal any applicable Scratch and Win Prize, you must “scratch” the
LCD screen of the camera using your mouse at the time the electronic
Scratch and Win game piece is presented.
Failure to “scratch” the LCD screen of the camera using your
mouse at the time it is presented will result in any applicable prize
being forfeited. After
scratching the displayed LCD screen of the camera, the Scratch and Win
game piece will reveal either a $25 gift card prize, $50 gift card
prize, $100 gift card prize, or a “Better luck next time” message.
If the LCD screen of the camera reveals a $25, $50 or $100 gift
card prize, you win that Scratch and Win Prize.
If the LCD screen of the camera reveals a “Better luck next time”
message, you are not a Scratch and Win prize winner with that particular
electronic Scratch and Win game piece.
Scratch and Win winners must click on the “START LEARNING NOW”
link, appearing at the bottom of the Scratch and Win game piece; they
will automatically be linked to a new web page and be asked to enter
their phone number and download a Prize Form, that must be completed and
returned as indicated in Section 8.6. An email will also be sent to the
registered email address with instructions of how to claim their Scratch
and Win Prize. FUJIFILM is
not responsible for erroneous email or street address for emails that go
into “Spam” for internet or communication interruptions or errors, or
otherwise for any inability to deliver a Scratch and Win prize.
8.2
Sweepstake Draws
8.2.1
General:
The total value of all prizes available to be won in the Sweepstakes
portion of the Programme is approximately $9,700.
(a) X-PERT
LEVEL ONE SWEEPSTAKES:
There will be a total of one (1) X-PERT Level One Sweepstakes draw prize
awarded for each Programme Period.
Participation in the random draw X-PERT Level One Sweepstakes is
restricted to participants who have achieved
FUJIFILM X-PERT Level One status prior to
May 31,
2018.
(b) X-PERT LEVEL TWO SWEEPSTAKES:
There will be a total of one (1) X-PERT Level Two Sweepstakes draw prize
awarded. Participation in
the random draw X-PERT Level Two Sweepstakes is restricted to
participants who have achieved
both
FUJIFILM X-PERT Level One status
and X-PERT Level Two status
prior to
January 31,
2019.
8.2.2
X-PERT Level One and X-PERT Level Two Sweepstake Draws:
FUJIFILM NZ will randomly select the winning Sweepstake Draw Prize
winners from all eligible Sweepstake Draw entries submitted within the
relevant Programme Period.
Alternate Sweepstake Draw Prize winners will also be selected.
Each Sweepstake Draw will occur
either
at FUJIFILM NZ’s office located at 2c William Pickering Drive, Albany PO
Box 101-500, North Shore 0745,
or online by an organization appointed by FUJIFILM NZ to act on its
behalf.
Sweepstake Draw Prize winners will be emailed within 24 hours of being
selected as a Sweepstake Draw Prize winner to the email address provided
by the Sweepstake Draw Prize winner at the time of registration, such
email to include an attached Prize Form.
FUJIFILM NZ is not responsible for erroneous email or street
addresses, for emails that go into “Spam”, for internet or communication
interruptions or errors, or otherwise for any inability to deliver your
Sweepstake Draw Prize. Each
Sweepstake Draw Prize winner will be required to print out, complete in
full, sign and return by scanned email FUJIFILM NZ’s provided Prize Form
within 48 hours of receipt of such notification, and failure to do so
will result in the automatic forfeit of that person’s SWEEPSTAKE DRAW
PRIZE eligibility and an alternate Sweepstake Prize Draw winner will be
chosen by FUJIFILM NZ.
8.3
Programme Period: All eligible
Sweepstake Draw entries received by FUJIFILM NZ during a Programme
Period will be drawn by FUJIFILM NZ in accordance with the table set out
below:
8.4
Prize Winners List:
A list of all Scratch and Win and X-PERT Sweepstake Draw prize
winners will be posted on this Website under “Winners”.
8.5
No substitution of prizes except by FUJIFILM NZ:
Scratch and Win and Sweepstake Draw Prizes are personal to the relevant
Scratch and Win and Sweepstake Draw Prize winners and cannot be
assigned, transferred or exchanged for cash or other products, and can
only be redeemed through FUJIFILM NZ.
FUJIFILM NZ reserves the right to unilaterally substitute
a Scratch and Win or Sweepstake Draw Prize or prize component of equal
or greater value if any Scratch and Win or Sweepstake Draw Prize or
prize component becomes unavailable.
Any tax liability, insurance or other costs associated with any
Prize, will be the sole responsibility of the relevant Scratch and Win
and Sweepstake Draw Prize winners.
8.6
A Scratch and Win and Sweepstake Draw Prize winner is not an official
Programme prize winner
until that Member has:
8.6.1 had
their registration successfully validated by FUJIFILM NZ;
8.6.2 duly
received an official notification from FUJIFILM NZ of their winning
status; and
8.6.3 In
addition to those rules within 8.6, a Scratch and Win Prize Winner must
complete, sign and return the necessary Prize Form in accordance with
clause 8.7.
To claim your prize you must complete the online Affidavit and/or
Release Forms within the specified time period. After the required
Affidavit and/or Release Forms have been returned (See ‘Prize Acceptance
Process’ section below), a valid street address for prize delivery has
been provided, and a gift card selection has been made any selected
on-line gift cards will be sent by email within one (1) week, and any
physical gift cards selected will be mailed to each prize winner to the
provided street address. FUJIFILM is not responsible for erroneous
email or street addresses, for emails that go into “Spam”, for Internet
or communication interruptions or errors, or otherwise for any inability
to deliver your prize.
8.7 Prize Acceptance Process: Before being declared a Scratch and Win Winner, each Scratch and Win Prize winner will be required to complete the online Prize Form within the specified time period. If any Scratch and Win Prize winner is found to be ineligible, disqualification may result and that Scratch and Win Prize winner’s prize may be awarded to a selected alternate, at the sole discretion of FUJIFILM NZ. In the event of a dispute as to the identity of any Scratch and Win Prize winner, the individual named on the original training registration form will be deemed to be the official Scratch and Win Prize winner unless otherwise determined by FUJIFILM NZ, in its sole discretion.
8.8 FUJIFILM NZ’s Limit of Liability: FUJIFILM NZ, its parent companies, affiliates, subsidiaries, designees and advertising and promotion agencies 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, possession, use or misuse of a Scratch andor Sweepstake Draw Prize, from participation in any Programme-related activity, from any error or omission of FUJIFILM NZ in connection with these Rules or FUJIFILM NZ’s implementation of the Programme; or otherwise from participation in the Programme.
8.9 Only
Salespersons working for an Authorized Participating Retailer will be
eligible for any and all prizes including both sweepstakes prizes,
X-PERT prizes and scratch and win prizes.
9.
Additional Rules
9.1 If
any court of competent jurisdiction finds any provision or part of these
Rules to be illegal, invalid or unenforceable that provision or part
will be severed from these Rules and the remaining terms and provisions
of these Rules will remain in force and constitute the agreement between
FUJIFILM NZ and you.
9.2
Your participation in the Programme and any other benefits are personal
to you and cannot be assigned, transferred or exchanged for cash or
other products, and can only be redeemed through FUJIFILM NZ.
9.3
FUJIFILM NZ reserves the exclusive right to change these Rules at any
time for any reason.
9.4
FUJIFILM NZ reserves the right to adjust any part of the Programme
including, but not limited to Programme Periods upon prior written
notice to you. Written notice will consist of a posting on the "Rules"
page of this Website. Those
revised Rules will apply to any transaction relating to the Programme
between you and FUJIFILM NZ after they have been updated on this
Website. You agree to
review the “Rules” page of this Website often to familiarise yourself
with such modifications.
9.5
FUJIFILM NZ reserves the right to cancel the Programme in its sole
discretion at any time without prior notice.
On termination, FUJIFILM NZ may in its discretion allow you
ninety (90) days from termination of the Programme to redeem prizes.
9.6 You may terminate your participation and membership in the Programme in writing at any time. Termination of your participation and membership in the Programme will result in forfeiture of all earned prizes that you have not redeemed at the date of termination.
9.7
FUJIFILM NZ reserves the right to audit this Website for accuracy and
make adjustments to account balances as necessary.
9.8
By participating in the Programme, you represent to FUJIFILM NZ that
receipt of Scratch and Win Prizes or X-PERT Sweepstakes Draw Prizes will
not cause you to violate any laws, orders, rules, or regulations
applicable to its business.
9.9
By participating in the Programme, you authorise FUJIFILM NZ to publish
your identity if you win Scratch and Win Prizes or X-PERT Sweepstakes
Draw Prizes for promotional and media publicity purposes, and you
further waive any claims to royalty, right or remuneration for such use.
9.10
By accepting Prizes or
X-PERT
Sweepstakes Draw Prizes or any other rewards or prizes, you agree
that FUJIFILM NZ, its affiliated companies, agents, their respective
officers, directors, or employees and agents will have no liability for
any damage or loss suffered by you in connection with the acceptance,
possession, use or misuse of such prizes or relating to the
administration of the Programme, even if due to fault or negligence by
any of the foregoing.
9.11
FUJIFILM NZ is not responsible for lost or misdirected mail.
Deliveries cannot be made to P.O. Box addresses and will only be
made by FUJIFILM NZ to New Zealand addresses.
9.12
You are responsible for determining, recording, and paying all taxes
related to any Scratch and Win Prizes, Sweepstake or X-PERT Sweepstakes
Draw Prizes. It is
important that you keep records of all Scratch and Win Prizes and X-PERT
Sweepstakes Draw Prizes.
Any tax liability, insurance or other costs arising from the Programme
are your responsibility.
9.13
FUJIFILM NZ and its promotional agency, if any, accept no responsibility
for any liability, loss, damage or claims caused by or resulting from
entrance and participating in the Programme or in connection with the
acceptance or use of any Scratch and Win Prizes or X-PERT Sweepstakes
Draw Prizes. FUJIFILM NZ does not assume any responsibility for
incorrect or inaccurate capture of information, technical malfunctions,
human or technical error, printing errors, lost, late, delayed, stolen,
misdirected or garbled mail, entries, data or transmissions, or the
omission, interruption, deletion, defect, failures or unavailability of
any telephone, PDA, computer lines or networks, electronic
communications (including internet uploading or other communications),
computer equipment, hardware, software or any combination thereof.
Entry materials/data that have been tampered with or altered are void.
Without limiting the foregoing, the FUJIFILM NZ and its promotional
agency, if any, shall not be held responsible for any problems, errors
or negligence that may arise or occur in connection with the Programme
or any prize provided in relation to the Programme, including but not
limited to any damage to your computer, telephone or PDA equipment,
system, software or any combination thereof, as a result of your
participation in the Programme or use of a prize provided.
9.14
FUJIFILM NZ reserves the right to withdraw, terminate, modify or extend
the Programme Periods, in whole or in part, without prior notice at any
time by posting an announcement on this Website.
In the event of an extension to the Programme Period (Extended
Close Date) all dates as set out above at clause 9.3 will be amended
as follows: The X-PERT Sweepstakes Drawing Date will be scheduled for
the first business day occurring exactly three weeks after the Extended
Close Date.
9.15
FUJIFILM NZ respects your right to privacy and will only use the
information you provide to conduct the Programme and for the related
publicity mentioned above, unless you have indicated to the FUJIFILM NZ
that you wish to receive promotional materials on a periodic basis.
FUJIFILM NZ does not generally require you to provide personally
identifiable information to visit and use FUJIFILM NZ websites.
Please note that to participate in the Programme, you must
provide certain personally identifiable information to FUJIFILM NZ
(including your e-mail address, legal name, employing company name,
physical address, telephone number, etc.) to accumulate Reward Points
and order Reward Points Items.
If you choose not to provide individually identifiable
information, you will not be able to participate in Programme and
FUJIFILM NZ will have the right to deactivate your Member Account.
In addition to any provision in these Rules, FUJIFILM NZ's
Privacy Policy (found on this Website under "Privacy Policies") applies
to personal information submitted by you on this Website and any
information automatically retrieved during visits to this Website and
otherwise provided in the course of being a Member.
9.16
Instructions and questions related to the Programme should be e-mailed
to the Programme co-ordinator at:
admin@FUJIFILMtraining.co.nz
for instructions and questions.
FFNZ-RULES-2018
Programme-February 1, 2018 |