“ANIMATES CHRISTMAS SCRATCH & WIN” PROMOTION

TERMS AND CONDITIONS

Information on how to be in to win forms part of these Terms and Conditions. Participation in this ‘Animates Christmas Scratch & Win Promotion’ ("Promotion") is deemed acceptance of these Terms and Conditions.

The promoters are Animates Holdings Limited and Animates Vetcare Limited (ABN 31 121 014 663), both of 2 Roberts Street, Ellerslie 1051, Auckland, New Zealand (together, "Promoter").

The Promotion commences at 12:00AM (NZDT) on 5 November 2018 and closes at 11:59PM (NZDT) on Monday, 24 December 2018 ("Promotional Period"). This Promotion will only be run in participating ‘Animates’ stores and ‘Animates Vetcare’ clinics in New Zealand that display advertising material featuring this Promotion (each a "Participating Premises").

Definitions

For the purposes of these Terms and Conditions:

a. "Instant Prize" means a Major Prize or a Minor Prize;

b. "Major Prize" means:

      A. one (1) year’s worth of pet supplies up to a maximum value of $2,000; or

      B. one (1) year’s worth of dry pet food up to the value of $1,000. May also be used on vet prescription diets upon consultation (additional fees may apply). Excludes wet       and frozen foods.

"Minor Prize" means each of the following:

      a. one (1) year’s worth of parasite prevention valued at up to $180;

      b. one (1) annual vaccination and Health Check for a dog, cat or rabbit valued at up to $115 for a dog (Lecto, DHP & Kennel Cough), up to $75 for a cat (F3) and up to       $95 for a rabbit (Filavac/Cylap);

      c. one (1) year’s worth of DIY dog wash valued at up to $120 ($10 per session);

      d. one (1) year’s worth of pooch pampering (comprising a maximum of six standard grooms) valued up to $324 (maximum of $54 per session)

      e. up to seven (7) days’ accommodation for a cat at Animates Cattery in Glen Innes, Lincoln Road, Richmond Road, Botany Downs (Auckland), Te Rapa (Hamilton),       Palmerston North (South Central North Island), Kaiwharawhara (Wellington), Miramar (Wellington), Petone (Wellington) or Khandallah (Wellington), Dunedin (lower       South Island) (see https://animatesvetcare.co.nz/service?slug=cattery for more details) valued at up to $119 (subject to availability; one stay only, prize cannot be       redeemed on more than one occasion)

      f. one (1) $20 Animates voucher;

      g. one (1) $10 Animates voucher;

      h. one (1) free Health Check for your pet at Animates Vetcare valued at $55 (15 minute appointment);

      i. a voucher for 20% off a food purchase in January 2019;

      j. a voucher for 10% off a purchase in January 2019;

      k. $50 donation towards SPCA; and

      l. $50 donation towards Mobility Dogs.

All other cards will be presented with ‘Not a winner this time – try again’.

d. “Winner” means a winner of an Instant Prize; and

e. “$” is a reference to New Zealand dollars.

Eligibility and entries

5. Entry is open to New Zealand residents only. Eligible Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the Eligible Entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this Promotion.

6. Employees (and their immediate families) of the Promoter and agencies associated with this Promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

7. Individuals must be an existing member of one of the Promoter’s loyalty programs (ie. ‘Friends For Life’ or ‘Animates Petpoints’), or become a member by signing-up in a Participating Premises with one of our team members or online at https://friendsforlife.co.nz/register in order to be eligible to participate in this Promotion. When signing up for the ‘Friends for Life’ or ‘Animates Petpoints’ program, an individual must provide their first name, last name, telephone number and address, as well as any other information reasonably requested by the Promoter.

8. To be eligible to enter and receive a Scratch Card (defined below), Eligible Entrants must, during the Promotional Period:

      a. visit a Participating Premises in person; and

      b. spend $30 or more in a single transaction at that store or clinic (“Qualifying Transaction”). Entrants will receive one scratch card for every $30 spent (“Scratch       Card”), for example – a spend of $93 qualifies for three (3) Scratch Cards.

9. Entrants can then scratch their Scratch Card to reveal whether they have won an Instant Prize and, if they have, can claim their prize in accordance with clauses 13 to 15. Claims

10. Eligible Entrants must retain their original purchase receipt(s) and Scratch Cards as proof of purchase. Failure to produce the receipt for a Qualifying Transaction when requested may, in the absolute discretion of the Promoter, result in invalidation of the relevant claim.

11. The Promoter reserves the right, at any time, to verify the validity of Eligible Entrants (including an Eligible Entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper conduct calculated to jeopardise fair and proper conduct of the Promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

12. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.

13. All claims for Major Prizes must be redeemed by 31 January 2019 by emailing the prize details (including the unique code) to christmas@animates.co.nz and then the prize value will be loaded to their loyalty account.

14. All claims for Minor Prizes (A, B, C, D, E, F, G and H) must be redeemed by emailing the prize details (including the unique code) to christmas@animates.co.nz and then the prize value will be loaded to their loyalty account. For all other Minor Prizes (I and K), these are to be redeemed in-store in January 2019 by presenting their winning Scratch Card. Prizes K and I are Charity Prizes and the Scratch Cards must be placed in the Animates Charity Box.

15. All Major Prize winners will have their name published online at animates.co.nz on 7 February 2019.

16. All decisions made by the Promoter are final and no correspondence will be entered into.

17. If a winner of a Major Prize is under the age of 18 years, the Major Prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.

18. If for any reason a winner does not redeem a claim for a Minor Prize (or an element of a Minor Prize) by 11:59PM AEDT on Sunday 24 March 2019, then the Minor Prize (or that element of the Minor Prize) will be forfeited.

19. Any ancillary costs associated with redeeming any voucher are not included. Any unused balance of any voucher will not be awarded as cash. Redemption of a voucher is subject to any terms and conditions of the issuer including those specified on the voucher.

20. Total prize pool value is up to $69,290. The total prize pool includes the following quantities of each Instant Prize:

Prizes are not transferable or exchangeable and cannot be taken as cash. The Promoter reserves the right to substitute a prize or any portion of a prize with an alternative prize of equivalent value without notice.

General

Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for a reasonable period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

If this Promotion 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 the Promoter, including but not limited to technical difficulties, unauthorised intervention, or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Eligible Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.

Scratch Cards are deemed void if stolen, forged, mutilated or tampered with in any way.

Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under New Zealand consumer protection laws. Except for any liability that cannot by law be excluded, the Promoter (including its respective officers, employees and agents) 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 the Promotion.

Except for any liability that cannot by law be excluded the Promoter (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 the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Instant Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Eligible Entrant; or (f) use of an Instant Prize.

The Promoter may collect personal information in order to conduct the Promotion and may, for this purpose, disclose such personal information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to New Zealand regulatory authorities. The Promoter will also use and handle personal information as set out in its privacy policy, which can be viewed at https://www.animates.co.nz/privacy-policy. In addition to any use that may be outlined in the Promoter’s privacy policy, the Promoter may, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Eligible Entrant. The privacy policy also contains information about how Eligible Entrants may opt out, access, update or correct their personal information, how Eligible Entrants may complain about a breach of the New Zealand Privacy Principles or any other applicable law and how those complaints will be dealt with. The Promoter will not disclose personal information to any entity outside of New Zealand.