STIHL New Zealand Fathers Day Instagram Competition – Terms & Conditions

  1. Eligibility
    Entry is open to all New Zealand residents aged 18 years and over, excluding employees of STIHL NZ, STIHL SHOP, their agencies, and immediate families.
  2. Competition Period
    The promotion runs from Monday 31st August 2026 to Thursday 3rd August 2026.
  3. How to Enter
  • To enter, participants must post a comment about why they have the best dad ever in comments of the competition post on STIHL NZ official Instagram page (handle: STIHL_NZ) before 11:59pm NZDT on Thursday 3rd August 2026 AND must be a follower of the STIHL NZ Instagram page.
  • Each separate qualifying comment entitles the entrant to another entry into the draw.
  • Winner
    1
     Winner will be chosen at random and awarded 1 x MSA 70 Battery Chainsaw Kit. 
  • Winner Notification
    Winners will be contacted via Instagram comment and requested to send a direct message. If a winner does not respond within a reasonable timeframe (as determined by STIHL NZ), the prize will be forfeited and a new winner drawn.
  • General Conditions
    • STIHL NZ’s decision is final, and no correspondence will be entered into.
    • STIHL NZ reserves the right to amend, cancel, or reschedule this promotion at any time without notice.
    • Entry is deemed consent for STIHL NZ to use winners’ names and photographs for reasonable publicity purposes without compensation.
  • Liability
    To the maximum extent permitted by law, STIHL NZ and its employees will not be liable for any loss, damage, personal injury, or cost incurred directly or indirectly by entering or accepting a prize.
  • Privacy
    All entries remain the property of STIHL NZ and will be handled in accordance with the Privacy Act 2020. Entrants may request access to their personal information held by STIHL NZ.
  •  

    STIHL New Zealand - 100 Years "#biggestSTIHLfan" Social Media Competition

    1             Background

    1.1          STIHL Pty Ltd trading as STIHL New Zealand, 9 Bishop Browne Place, East Tamaki Auckland, New Zealand is conducting a STIHL 100 Years, “#biggestSTIHLfan” social media competition in New Zealand (Local Competition) on these terms and conditions (Conditions). ANDREAS STIHL AG & Co. KG, Badstraße 115, 71336 Waiblingen, Germany (STIHL Germany) is separately conducting its own STIHL 100 Years, “#biggestSTIHLfan” social media competition (Global Competition), as further described in these Conditions.

    1.2          In the Local Competition, STIHL New Zealand will appoint a judging panel (Panel) to evaluate all valid Entries received during the Competition Period (as defined below) and select up to four (4) winners based on the evaluation criteria set out in clause 5.1. Following the selection of winners, STIHL New Zealand will allocate one (1) of the following prizes to each winner:

    (1)           one (1) MS 500i Centennial Edition chainsaw

    1.3          The winner of the Major Prize in the Local Competition, together with the winners of major prizes in similar STIHL promotions conducted in other jurisdictions, will automatically be entered into the Global Competition conducted independently by STIHL Germany. In the Global Competition, up to three (3) winners will be selected to receive a trip to Waiblingen, Germany to attend a gala event hosted by STIHL on 29th October 2026 as part of the 100 years celebration of STIHL and the STIHL Timbersports World Championship 2026 (Event) from 28 October 2026 to 1 November 2026 (Grand Prize).

    1.4          The entry of the Major Prize winners of the Local Competition into the Global Competition is automatic and will be governed by these Conditions and any other terms and conditions specified by STIHL Germany for the conduct of the Global Promotion (Global Competition Conditions).  For the avoidance of doubt, STIHL New Zealand  is not responsible for, and has no liability in respect of, the Global Competition or the awarding of the Grand Prize. To the extent of any inconsistency between these Conditions and the Global Competition Conditions with respect to the Global Competition, the Global Competition Conditions will prevail.

    1.5          STIHL New Zealand (as promoter of the Local Competition) and STIHL Germany (as promoter of the Global Competition), are each independently responsible for the conduct of their own competition and the awarding of their respective prizes, as set out in these Conditions and, in the case of the Global Competition conducted by STIHL, the Global Competition Conditions. For the purposes of these Conditions STIHL New Zealand and STIHL Germany are each referred to individually as a Promoter and collectively as the Promoters, where the context so requires.

    1.6          In the Global Competition, STIHL Germany will appoint a judging panel (Global Panel) to evaluate the Entry of the winner of the Major Prize in the Local Competition and the winners of the major prizes in similar STIHL promotions conducted in other jurisdictions, and will select up to three (3) winners of the Grand Prize based on the same evaluation criteria described in clause 5.1, including (a) creativity, (b) brand passion and connection, (c) craftsmanship and skill, and (d) alignment with STIHL values.

    1.7          The Grand Prize covers the reasonable travel, transfer, accommodation and meal expenses of the winner, and one (1) other adult person they nominate, to travel to and stay in Waiblingen, Germany for the purposes of attending the Event, arriving 28 October 2026 and departing 1 November 2026. The winners of a Grand Prize may, at their own cost and expense, alter their arrival or departure time at their discretion, provided that they ensure that they are in Waiblingen, Germany during, and that they can attend, the Event, and otherwise on the condition that they will be responsible for any travel, transfer, accommodation, meal or other expenses associated with, or arising as a result of, such alteration. STIHL Germany may alter the travel dates and/or the dates of the Event.

    1.8          For the avoidance of doubt, the Grand Prize only covers the following reasonable travel, transfer, accommodation and meal expenses of the winner and the one (1) other adult person they nominate for the period of 28 October 2026 to 1 November 2026 (inclusive), in such scope and amount as determined by STIHL Germany in its sole discretion:

    (1)           return economy class airfares between New Zealand and Germany (including all applicable taxes, fees and airport charges), and transfers to and from the city of Waiblingen, Germany for the winner and their nominated accompanying person. STIHL Germany will determine, in its sole discretion, all travel arrangements, including the airline(s), flight schedule(s), routing (including direct or connecting flights), baggage allowance and all other itinerary details at the time of booking, subject to availability. Flight schedules and dates are subject to change by STIHL Germany or by the relevant airline; and

    (2)           hotel accommodation and meals (including breakfast, lunch and dinner) at venues to be determined by STIHL Germany. Accommodation and meals are subject to availability and change by STIHL Germany.

    1.9          Information on how to enter the Local Competition and prize details form part of these Conditions.

    1.10       The Local Competition and the Global Competition are each a game of skill. The selection of Entries by the Panel and the Global Panel in the respective competitions does not incorporate an element of chance, and winners are determined solely on the basis of the relevant evaluation criteria in each competition. Participation in the Local Competition, and to the extent applicable the Global Competition, is free of charge.

    1.11       Entries must comply with these Conditions to be valid.

    1.12       By submitting an Entry and otherwise participating in the Local Competition, Entrants acknowledge that they have read, understood and agree to be bound by these Conditions, and to the extent applicable, the Global Competition Conditions.

    1.13       The Local Competition and Global Competition are in no way connected to Instagram and are not sponsored, supported or organised by Instagram. Each Entrant releases Instagram from any claims arising out of or in connection with the Local Competition and the Global Competition.

    1.14       STIHL New Zealand and STIHL Germany are not partners, co-promoters or joint ventures, and are not jointly liable in respect of either the Local Competition and the Global Competition. The only connection between the Local Competition and Global Competition is that the winner of the Major Prize in the Local Competition will automatically be entered into the eligibility pool for the Global Competition in accordance with clause 1.3.

    2             Competition Period

    2.1          The Local Competition commences on Monday, 18 May 2026 at 12.00pm AEST upon publication by STIHL New Zealand on its official Instagram page (STIHL_NZ) and closes on Sunday, 21 June 2026 at 12:00pm AEST (Competition Period). Entries received outside the Competition Period will not be valid.

    3             Eligibility

    3.1          Entry is open to all individuals who, at the time of entry into the Local Competition:

    (1)           are residents of New Zealand;

    (2)           are aged 18 years or older;

    (3)           hold an active Instagram account that is publicly accessible and not marked as, or set to, private; and

    (4)           have not previously entered into the Local Competition using any other Instagram account,

    (Entrants).

    3.2          Directors, officers, employees, agents and contractors of the Promoters, authorised STIHL dealers  and other agencies or companies associated with the Local Competition (including employees of retailers participating in the Local Competition) and their immediate families are not eligible to enter the Local Competition. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.

    3.3          The Promoters reserve the right to verify the eligibility of any Entrant and compliance with these Conditions and, in the case of STIHL Germany, the Global Competition Conditions. Each Promoter may require such information as it considers reasonably necessary for this purpose.

    3.4          By entering into the Local Competition, Entrants grant each Promoter permission to reuse their content across the social media channels and websites owned or operated by the Promoters, in accordance with clause 10.2(2).

    4             Entry into the Local Competition

    4.1          To enter the Local Competition, Entrants must, within the Competition Period:

    (1)           upload a photo or video to their public Instagram feed on the subject of “biggest STIHL fan” (Instagram Post);

    (2)           include the official campaign hashtag #biggestSTIHLfan in the Instagram Post; and

    (3)           tag @stihl_nz in the Instagram Post,

    whereupon the Instagram Post submitted by the Entrant in accordance with the above steps shall constitute one (1) entry into the Local Competition (Entry).

    4.2          Only one (1) Entry per Entrant is permitted and will be valid. Multiple Entries and Entries by the same Entrant using multiple Instagram accounts are not permitted.

    4.3          Entries must be posted to the Entrant’s public feed so they remain accessible for verification and draw purposes. Entries submitted via Instagram Stories are not eligible and will not be valid.

    4.4          The Instagram Post must:

    (1)           be thematically related to the Local Competition; and

    (2)           comply with the Instagram Community Standards (https://transparency.meta.com/policies/community-standards/),

    and must not:

    (3)           be illegal, defamatory, obscene, offensive or contrary to public policy; or

    (4)           infringe any third-party rights (including intellectual property, privacy or image rights).

    4.5          STIHL New Zealand may, in its absolute discretion and without giving reasons, deem any Entry invalid, disqualify the Entrant and, if necessary, reclaim prizes in the Local Competition in the event of a later discovered ineligibility or failure to comply with these Conditions if it reasonably believes that:

    (1)           the Entrant has not complied with any of the eligibility requirements set out in clause 3.1, or has otherwise attempted to circumvent those requirements or any other requirements set out in these Conditions, including (but not limited to) by using alternate identities, multiple email addresses, or different devices;

    (2)           the Entry is illegitimate, forged, AI-generated, manipulated or has been tampered with in any way;

    (3)           the Entrant has participated via:

    (a)           a service provider, including a competition entry service or competition service;

    (b)           competition clubs;

    (c)           automated means (including competition robots);

    (d)           a disposable or “throwaway” email address or fake account;

    (4)           the Entry contains false, misleading, incomplete or inaccurate information, or was submitted for, or on behalf of, a person other than the person whose details were provided with the Entry; or

    (5)           the Entrant has engaged in any conduct that STIHL New Zealand considers, in its sole discretion, is fraudulent, misleading, deceptive, in bad faith, or otherwise designed or intended to interfere with the fair and proper conduct of the Local Competition.

    This clause 4.5 applies equally in respect of STIHL Germany in relation to the Global Competition as if references to “STIHL New Zealand”, “Local Competition”, and “Conditions” were instead references to “STIHL Germany”, “Global Competition”, and “Global Competition Conditions”.

    4.6          Entries will be deemed void if illegitimate, forged, AI-generated, manipulated or tampered with in any way (at the absolute discretion of each Promoter in their respective competitions).

    4.7          Incomplete, indecipherable, or illegible Entries, or Entries that do not comply with these Conditions, will be deemed invalid. For example, Entries that do not tag @stihl_au in their post will not be accepted.

    4.8          The Promoters accept no responsibility for any misdirected or lost Entries, or Entries not received within the Competition Period specified in clause 2.1.

    5             Entry evaluation by Panel

    5.1          The Panel will evaluate and rate each Entry, in their sole and absolute discretion, having regard to the evaluation criteria set out below (Winner Selection):

     

    Criteria

    Rating

    Creativity

    How unique, imaginative, or artistic is the story? Does it stand out from the crowd?

    Rate from 1 – 5 stars

    Brand passion and connection

    Does the story convey a strong personal bond with STIHL-memories, milestones, moments or reflect its STIHL’s 100-year journey – tools, traditions, or generational impact?

    Rate from 1 – 5 stars

    Craftsmanship & Skill

    Does the story reflect the user’s skill, whether professional or personal? Is there pride in the work?

    Rate from 1 – 5 stars

    Alignment with STIHL values

    Does the post reflect the spirit and values of STIHL – yes or no?

    Examples: The work shown in the user’s post respects nature, shows fairness towards others, and a responsible use of STIHL tools.

    Rate with “Yes” or “No”

    5.2          The selection of Entries by the Panel is a game of skill, and does not incorporate an element of chance in the determination of the selected Entries.

    6             Local Competition – Winner Selection and Notification

    6.1          The Winner Selection of the Local Competition will take place at 9 Bishop Browne Place, East Tamaki, Auckland on Friday, 3 July 2026 at 12.00pm AEST.

    6.2          The Panel will evaluate all valid and eligible Entries received by STIHL New Zealand during the Competition Period in accordance with the criteria set out in clause 5.1 and will select the Winners. The winners of the Major Prizes will be selected first in the Local Competition, followed sequentially in order by the winners of the prizes set out in clauses 1.2(1)-1.2(4). Each Entry selected will be validated by STIHL New Zealand for compliance with these Conditions. Entries that do not comply with these Conditions in any respect will be invalidated and the Panel will select a replacement Entry.

    6.3          STIHL New Zealand will notify each winner via direct Instagram message promptly after the Winner Selection has taken place and will provide an official email address for STIHL New Zealand which winners can contact to claim their prize. To claim, and to be eligible to receive, their prize, winners must respond to STIHL New Zealand’s message on Instagram by no later than Wednesday, 8 July 2026 at 12:00pm AEST and provide STIHL New Zealand with their full name, email address, telephone number, and New Zealandn residential address. Within 21 days of the Winner Selection, STIHL New Zealand will email each winner formal confirmation of their prize. Each winner will be invited to nominate their preferred authorised STIHL dealership from which they may collect their prize.

    6.4          STIHL New Zealand will publish the first name initial, surname and postcode of each winner on its website (www.stihlshop.co.nz) and on its official Instagram page within 30 days of the Winner Selection.

    6.5          STIHL New Zealand may also publish the name of the winner of the Major Prize in a local or national newspaper, and may also publish the names of the other prize winners in a local or national newspaper in its discretion.

    6.6          If a winner cannot be contacted or does not claim their prize within 3 months, despite reasonable efforts by STIHL New Zealand, or the winner is not eligible for the prize or has not complied with the Conditions, then, STIHL New Zealand may, and reserves the right to, withdraw the prize from that winner and award that prize to a replacement winner selected by the Panel from all valid and eligible Entries received by STIHL New Zealand during the Competition Period (Reselection).

    6.7          Any Reselection required under clause 6.6 will be conducted at the same location and using the same method as the Winner Selection, the results of any Reselection will be published in the same manner as the initial Winner Selection, and the winners of any Reselection will be notified in the same manner as the original winners of the Local Competition.

    6.8          The formalities for handing over the prize will be clarified individually with each winner of the Local Competition. Each winner will collect their prize from the authorised STIHL dealership nominated by them in accordance with clause 6.3. Any additional costs associated with claiming or using the prize are the responsibility of the winner. Winners are responsible for any tax liabilities associated with the prize.

    7             The Global Competition – Winner Selection and Notification

    7.1          The selection of the winners of the Global Competition will take place at ANDREAS STIHL AG & Co. KG, Badstraße 115, 71336 Waiblingen, Germany on Friday, 24 July 2026 at  11:59 CET.

    7.2          To the extent that the winner of the Major Prize in the Local Competition conducted by STIHL New Zealand becomes a winner in the Global Competition, then STIHL New Zealand will notify that winner by email promptly after the Global Competition has taken place and STIHL New Zealand has been notified by STIHL Germany of the winners of the Global Competition. The notification by STIHL New Zealand will include an email address for the winner to use to contact STIHL Germany and claim their prize in accordance with clause 7.3.

    7.3          To claim, and to be eligible to receive, their prize, the winners of the Global Competition must contact STIHL Germany by email by no later than Saturday, 1 August 2026 at 8.59am AEST and provide their New Zealand residential address and contact details for the purpose of processing and/or sending the prize.

    7.4          If a winner of the Global Competition does not claim their prize in accordance with clause 7.3, STIHL Germany may, and reserves the right to, withdraw the prize from that winner and award that prize to a replacement winner selected in accordance with the winner selection procedure set out in the Global Competition Conditions (Global Reselection).

    7.5          The formalities for handing over the prize will be clarified individually with each winner of the Global Competition. Any additional costs associated with claiming or using the prize are the responsibility of the winner. Winners are responsible for any tax liabilities associated with the prize.

    7.6          STIHL Germany reserves the right to at any time verify the eligibility of any Entrants, the validity of any and all Entries, and the compliance of any Entrant with these Conditions or the Global Competition Conditions. STIHL Germany may require such information as it considers reasonably necessary for this purpose and reserves the right to disqualify any Entrant if it reasonably suspects the Entrant has:

    (1)           provided false or misleading registration information;

    (2)           tampered with the entry process; or

    (3)           engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Global Competition.

    8             Prize Details

    8.1          The prizes for the Local Competition are as set out in clause 1.2.  

    8.2          The prizes for the Global Competition are as set out in clause 1.3.

    8.3          No Entrant is eligible to receive more than one (1) of any prize in the Local Competition,  and more than one (1) of any prize in the Global Competition.

    8.4          The eligibility of an Entrant to receive a prize is conditional on the Entry requirements in clause 4 being satisfied.

    8.5          Each prize is not transferrable or exchangeable and cannot be taken as cash. If the prize becomes unavailable for any reason the respective Promoter may substitute it with an alternative prize of equal or greater value to the extent permitted by applicable laws.  

    8.6          Each prize must be taken as described and no compensation or other amounts will be payable if the winner is unable to use the prize (including if the prize expires without being used by the winner for any reason). Any costs incurred in connection with taking or using the prize (including any tax liabilities) will be the sole responsibility of the winner.

    9             Social Media

    9.1          By using and entering this Local Competition on Instagram, Entrants:

    (1)           agree to comply with Instagram’s terms of use and the Instagram Community Standards (https://transparency.meta.com/policies/community-standards/);

    (2)           release Instagram from all claims based on, related to or arising from the Local Competition and the Global Competition; and

    (3)           acknowledge and agree that this Local Competition and the Global Competition are  in no way sponsored, endorsed, administered by or affiliated with Instagram.

    9.2          The Promoters are not responsible for any loss, damage or injury to Entrants resulting from entering or participating in either the Local Competition or the Global Competition, including any loss, damage or injury arising from any comments made, or material published, by third parties about the Entrants on any social media platform in connection with the Local Competition or Global Competition.

    9.3          Any questions, comments or complaints regarding the Local Competition or Global Competition should be directed to the respective Promoters and not to Instagram.

    10          Privacy and consent

    10.1       STIHL New Zealand’s collection, use and disclosure of personal information is in accordance with the STIHL NZ privacy policy found on stihlshop.co.nz. STIHL Germany’s processing of personal data in connection with the Global Competition is governed by the General Data Protection Regulation (GDPR) and other applicable European data protection laws. Personal information including the Entrant’s name, email address, social media handle, telephone number and address may be collected and used for the purpose of conducting the Local Competition and Global Competition. The Promoters may also disclose this information to third parties, including local regulatory authorities and the Promoters’ agents or third-party service providers, for the purpose of conducting the Local Competition or Global Competition, or for promotional and marketing purposes (including for direct marketing), whether during or after the Local or Global Competitions (Purpose).

    10.2       By entering this Local Competition, the Entrant:

    (1)           agrees to participate in the Local Competition and the Global Competition (as applicable) and consents to the use of their personal information for the Purpose, and to each Promoter contacting them for future promotional and marketing purposes without payment;

    (2)           grants each Promoter a non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce, adapt, publish, communicate and distribute any Entry (including any accompanying text, images, or other content) submitted by an Entrant for future promotional and marketing purposes, including but not limited to use by each Promoter on their websites, social media channels, and in printed materials;

    (3)           agrees to participate in both the Local Competition and the Global Competition, and acknowledges that the data processing to determine the respective winners is carried out under the separate responsibility of STIHL New Zealand and STIHL Germany, and the processing of any personal data in the event of a copy of, or the URL to, the Instagram Post of the winner of a Major Prize being send to STIHL serves the purpose of conducting the Global Competition, The legal basis for this is Art. 6 para.1 lit. b) DSGVO, the contract concluded with the Entrant regarding participation in the Local Competition and Global Competition; and

    (4)           acknowledges that the personal data of winners collected in the course of the Global Competition may be transferred from STIHL Germany to STIHL New Zealand for the purpose of processing the prize, and consents to their personal data being transferred in this way if they are selected as such winners. In respect of STIHL Germany’s processing the legal basis for this is Art. 6 para. 1 lit. f) DSGVO, whereby the legitimate interest results from the fact of the prize distribution in favour of the participant selected for a prize; and

    (5)           acknowledges that the personal data of winners collected in the course of the Local Competition and Global Competition may be transferred by the Promoters to third parties for the purpose of prize distribution (for example, the authorised STIHL dealer selected for prize distribution). In respect of STIHL Germany’s processing, the legal basis for this is Art. 6 para. 1 lit. f) DSGVO, whereby the legitimate interest results from the fact of the prize distribution in favour of the participant selected for a prize. Otherwise, personal data will only be transferred by the Promoters if and to the extent that there is a legal obligation to do so, if the Entrant has given their consent and/or there is a legal basis for doing so in accordance with the relevant data protection regulations.

    10.3       The Promoters may, in their sole discretion, de-identify Entries prior to any publication or use of those Entries by the Promoters in accordance with clause 10.2(2). Nevertheless, each Entrant hereby consents to the Promoters publishing their personal information when using any Entry in accordance with clause 10.2(2).

    10.4       Personal data of Entrants collected, processed or used by the respective Promoters in the course of the Local Competition or Global Competition will be deleted by the respective Promoter – subject to longer statutory retention periods – no later than 3 months after the end of the respective competitions conducted by each Promoter or, in the case of winners, no later than 3 months after the successful transfer of the prize. To the extent that statutory retention periods exist, the corresponding data will initially be blocked for the duration of the statutory retention period and deleted after the retention period has expired.

    10.5       As a data subject, Entrants have numerous rights, including the right to:

    (1)           access information about the data stored by the Promoter about the Entrant;

    (2)           rectification and erasure, including to demand the rectification of incorrect data and – if the legal requirements are met – the completion or erasure of the Entrant’s data at any time. If statutory retention periods prevent the deletion of data, their processing will be restricted (see below);

    (3)           restriction of processing, including to demand from the Promoters – if the legal requirements are met – that the Promoters restrict the processing of the Entrant’s data;

    (4)           object to data processing on the basis of "legitimate interest", including to object at any time to the processing of the Entrant’s data by the respective Promoter if it is based on the legal basis of "legitimate interest". The respective Promoter will then cease processing the data unless that Promoter can – in accordance with the legal requirements – demonstrate compelling legitimate grounds for further processing that override the Entrant’s rights;

    (5)           withdraw consent, including if an Entrant has given their consent to the processing of their data, they can withdraw it at any time with effect for the future. The lawfulness of the processing of the Entrant’s data remains until the withdrawal remains unaffected;

    (6)           lodge a complaint with a relevant supervisory authority, including to lodge a complaint with the competent supervisory authority if the Entrant is of the opinion that the processing of the Entrant’s data is in breach of applicable law. For complaints relating to STIHL Germany’s processing in connection with the Global Competition, the Entrant may contact the data protection authority responsible for their place of residence or country, or the data protection authority responsible for STIHL Germany;

    (7)           data portability, including to receive the data provided in a structured, commonly used and machine-readable format and to have it transmitted by the Promoter to another controller;

    (8)           receive a copy of the Entrant’s personal data stored and processed by the Promoters.

    10.6       If an Entrant wishes to exercise any of the rights set out in clause 10.5 above, the Entrant can contact the Data Protection Officers of the Promoters in writing or by email. The STIHL New Zealand Data Protection Officer can be contacted at marketing@stihl.co.nz and the Data Protection Officer of STIHLGermany can be contacted at Badstraße 115, 71336 Waiblingen, Germany attn. Data Protection Department or at datenschutz@stihl.de.

    10.7       The provision of personal data of Entrants is required for the conduct of both the Local Competition and Global Competition, and any prize distribution in the event of a win; the failure to provide personal data and/or the assertion of deletion, restriction and/or revocation or objection rights before the end of the Local Competition or Global Competition or, in the case of a winner, before the end of the prize distribution may therefore result in the Entrant being excluded from further participation in the Local Competition or Global Competition, and/or a prize already allocated to the Entrant being forfeited.

    11          General Terms

    11.1       The Promoters expressly reserve the right to change the terms and conditions of their respective competitions at any time. Each Promoter is entitled to terminate or suspend their respective competition at any time without prior notice and without giving reasons if:

    (1)           during the course of their competition, the terms of use or guidelines of Instagram are changed and the conduct of the competition under the then-applicable provisions of Instagram is no longer permitted;

    (2)           technical problems on Instagram make termination or suspension necessary;

    (3)           manipulations are detected or a proper conduct of the competition is no longer guaranteed, in particular in the event of failure of hardware or software, program errors, computer viruses, unauthorized interventions by third parties and mechanical, technical or legal problems; or

    (4)           the behaviour of an Entrant makes termination or suspension necessary.

    11.2       If the respective competition of a Promoter is terminated in accordance with clause 11.1(4), the relevant Promoter reserves the right to demand compensation from the Entrant for the damage incurred.

    11.3       In addition to these Conditions, the relationship between the Promoter, the Entrant and Instagram is governed by Instagram's Terms of Use (https://help.instagram.com/581066165581870) and Data Protection Rules (https://help.instagram.com/519522125107875/?helpref=hc_fnav).

    11.4       To the maximum extent permitted by law, each Promoter reserves their right to vary the Conditions of, or cancel, the Local Competition or Global Competition at any time without liability to any Entrant or other person (subject to compliance with applicable regulations and any directions of a licensing authority). 

    11.5       The Promoters shall not be liable, and exclude all liability (including but not limited to negligence, infringement of third party intellectual property rights and misleading or deceptive conduct), for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) for damage to property, personal injury or death suffered or sustained in connection with the Local Competition or Global Competition or the use or taking of any prize, except for any loss, damage or injury which is due to the negligence or wilful misconduct of the Promoters, which otherwise cannot be excluded by law.

    11.6       All taxes (excluding goods and services tax), which may be payable as a consequence of a winner receiving a prize, are the sole responsibility of the winner.

    11.7       These Conditions do not exclude or limit the application of any statutory provision where to do so would contravene that statute.

    11.8       In the event of a dispute concerning the conduct of the trade promotion or claiming a prize, Entrants must contact the relevant Promoter (being STIHL New Zealand in respect of the Local Competition, and STIHL Germany in respect of the Global Competition) to attempt to resolve the dispute in good faith. Any disputes will be addressed by the Promoter with the Entrant. If the dispute cannot be resolved, then, to the maximum extent permitted by law, the Promoter’s decision will be final. To the maximum extent permitted by law, the Promoter is not obliged to participate in dispute resolution proceedings before a consumer arbitration board. The Promoter must act reasonably and in accordance with these Conditions.

    11.9       If any provision of these Conditions is or becomes invalid in whole or in part, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the legally permissible provision that most closely reflects the economic intent and purpose expressed in the invalid provision shall apply. The same shall apply in the event of a loophole in these Conditions.

    11.10     The laws of New Zealand shall govern these Conditions and the conduct of the Local Competition.

    11.11     The parties submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of these Conditions and the Local Competition.

     

     

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