PRO PLAN LiveClear Feeding Programme

Nestlé Purina PRO PLAN LiveClear Feeding Programme

1. Information on how to participate forms part of these Terms and Conditions. Participation is deemed acceptance of these Terms and Conditions.
2. This programme is conducted by Nestlé New Zealand Limited of 12-16 Nicholls Lane, Parnell, Auckland, New Zealand (“Nestlé New Zealand”).
3. Participation in the programme is only open to New Zealand residents aged 18 years and over. 
4. Applications open on 11.4.2022 and close at 11.59pm NZT on 17.4.2022, ("Application Period"). To apply, individuals must visit here and complete the application form during the Application Period.
5. Nestlé New Zealand reserves the right, at any time, to verify the validity of applications and participants (including a participant's identity and age) and reserves the right, in its sole discretion, to disqualify any individual who Nestlé New Zealand has reason to believe has breached any of these Terms and Conditions, tampered with the application process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the programme. Failure by Nestlé New Zealand to enforce any of its rights at any stage does not constitute a waiver of those rights. Nestlé New Zealand's legal rights to recover damages or other compensation from such an offender are reserved.
6. Incomplete or indecipherable applications will be deemed invalid.
7. Only one (1) application permitted per household.
8. Feeding kit numbers are limited (approximately 1000 cats). Valid applicants will be selected to participate in the feeding programme in order of receipt of applications by Nestlé New Zealand until feeding kit supplies are exhausted.  Nestlé New Zealand's decision is final and no correspondence will be entered into.
9. Each selected participant will be contacted by Nestlé New Zealand using the email address provided in their application by 15.11.21. Each selected participant will then be provided with a PRO PLAN LiveClear feeding kit, containing enough Pro Plan LiveClear food to feed each cat for approx. 4 weeks, and product information. The exact product will be determined by Nestlé New Zealand in its absolute discretion.
10. Each selected participant agrees to participate in the feeding programme in consideration of receipt of the feeding kit.
11. At the conclusion of the feeding programme, participants are encouraged to submit a review of the feeding kit to www.proplan.co.nz/LiveClear-Review. Participants must include in their review any specific wording provided by Nestlé New Zealand to ensure it is clear that their review has resulted from participation in the feeding programme. Participants warrant that they will respond honestly in relation to the Pro Plan LiveClear feeding programme, and any review provided will be a true reflection of the participant's opinion. For the avoidance of doubt, reviews can be positive or negative.
12. Participants agree that they are fully responsible for any materials they submit about the feeding programme to www.proplan.co.nz/LiveClear-Review including but not limited to comments, recordings and images ("Content"). Nestlé New Zealand shall not be liable in any way for such Content to the full extent permitted by law.
13. Participants warrant and agree that:
    • they will not submit or post any Content that is unlawful or fraudulent, or that Nestlé New Zealand may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, racist, socially unacceptable or otherwise unsuitable for publication;
    • their Content shall not contain viruses or cause injury or harm to any person or entity;
    • they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
    • the Content is the original work of the participant that does not infringe the rights of any third party;
    • they consent to any use of the Content which may otherwise infringe their moral rights pursuant to the Copyright Act 1994 and warrant that they have the full authority to grant these rights; and
    • they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
14. Without limiting any other terms herein, participants agree to indemnify Nestlé New Zealand for any breach of the above clauses 12 and 13.
15. As a condition of participating in this programme, each participant licenses and grants Nestlé New Zealand, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Content for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
16. If this programme 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 Nestlé New Zealand, including but not limited to technical difficulties, unauthorised intervention or fraud, Nestlé New Zealand reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any participant; or (b) to modify, suspend, terminate or cancel the programme, as appropriate.
17. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Consumer Guarantees Act 1993 ("Non-Excludable Guarantees").
18. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Nestlé New Zealand (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 Nestlé New Zealand's control); (b) any theft, unauthorised access or third party interference; (c) any application that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Nestlé New Zealand) due to any reason beyond the reasonable control of Nestlé New Zealand; (d) any tax liability incurred by a participant; or (f) use of any Nestlé New Zealand product.
19. Nestlé New Zealand collects personal information ("PI") from both applicants and participants in order to conduct the programme and will collect, use, share, transfer and otherwise handle this PI in accordance with its Privacy Policy, which can be viewed here.