GRABAPLANE WEBSITE TERMS AND CONDITIONS
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the grabaplane.co.nz website (the "Grabaplane Website"). By using the Grabaplane Website you agree to be bound by this Agreement. Please read this Agreement carefully and if you do not agree with it, you should not use the Grabaplane Website or participate in the Grabaplane promotion. If you wish to use the site and participate, you must read this Agreement and indicate your acceptance of its terms during the registration process. Air New Zealand may, in its sole discretion, modify this Agreement from time to time and such modification shall be effective upon posting on the Grabaplane Website and you agree to be bound to any modifications to this Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Air New Zealand reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to the Grabaplane Website at any time, for any or no reason, with or without prior notice, and without liability.
  1. Eligibility. Use of the Grabaplane Website is void where prohibited. By using the Grabaplane Website and participating in the Grabaplane promotion you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Grabaplane Website does not violate any applicable law or regulation. Your profile may be deleted and your registration may be terminated without warning, if we believe that you do not comply with the eligibility criteria set out above.
  2. Term. This Agreement shall remain in full force and effect while you are using the Grabaplane Website. Notwithstanding the expiration or termination of this Agreement you agree that clauses 5, 7 and 8 shall survive termination of this Agreement and will remain in force and be binding.
  3. Content Posted. Air New Zealand may delete any content that in the sole judgment of Air New Zealand does not meet the criteria set out below. Content is reviewed on an on-going basis. If you believe you have found content that is illegal or prohibited on the Grabaplane Website, please notify us via email to grabaseat@airnz.co.nz including details of where the material that you claim is infringing is located.
  4. Content/Activity Prohibited. The Grabaplane Website has been created by Air New Zealand for participants in the Grabaplane Promotion. Therefore only content that is relevant to the Grabaplane Promotion will be permitted on the site. The following is a non-exclusive list of the kind of content that it is illegal or prohibited to post on the Grabaplane Website. Prohibited content includes, but is not limited to, content that in the sole discretion of Air New Zealand:
    1. is illegal, inappropriate, violent or offensive (including nudity or profanity);
    2. may be considered discriminatory or defamatory;
    3. promotes information that is, or is likely to be, false or misleading;
    4. involves messages negatively critical, whether explicit or implied, of grabaseat, or Air New Zealand;
    5. contains messages or content unrelated to the Grabaplane promotion;
    6. material we consider to be, or are notified to be, in breach of copyright;
    7. furthers or promotes any criminal activity or enterprise;
    8. commercial content;
    9. includes a photograph of another person that you have posted without that person's consent; or
    10. any other material which, in the opinion of Air NZ, it is not appropriate to publish.
  5. Copyright Policy. All material submitted to the Grabaplane Website becomes (to the extent permitted by law) the property of Air New Zealand Ltd. By submitting content you also consent to its display on the Grabaplane Website and for any related online or offline use we choose.

    Air New Zealand Group is the proprietor or the authorised user of the copyright, trade marks and all other intellectual property rights in the software, text, graphics and other material (content) displayed or available through the website.

    You may not post any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining their written consent. We will terminate the access of anyone who repeatedly infringes the copyright rights of others upon receipt of proper notification to Air New Zealand by the copyright owner or their authorised representative. If you believe that your work has been copied and posted on the Grabaplane Website in a way that constitutes copyright infringement, please notify us, via email to grabaseat@airnz.co.nz including details of where the material that you claim is infringing is located on the Grabaplane Website.
  6. Privacy and Email policy. Use of the Grabaplane Website is governed by our Privacy Policy, which can be viewed here and is incorporated into this Agreement by reference. By using the Grabaplane Website you agree that Air New Zealand may send you information and regular updates regarding the Grabaplane promotion via email to the email address provided by you in your profile. However, you may opt out of receiving communications about the Grabplane promotion from Air New Zealand at any time by clicking on the unsubscribe link in any emails that are sent to you.
  7. Disclaimers. Air New Zealand, or its nominated agency, is not responsible for any incorrect or inaccurate content posted on the Grabaplane Website.
  8. Indemnity. To the maximum extent permitted in law you specifically agree to indemnify and hold Air New Zealand, its subsidiaries, affiliates their respective directors, officers, agents and employees harmless from any and all claims relating to your use of the Grabaplane Website or its use by any person on your behalf.

GRABAPLANE PROMOTION TERMS AND CONDITIONS
  1. Information on how to enter the competition forms part of the conditions of entry. Entry into the promotion is deemed as acceptance of its terms and conditions.
  2. Entry is only open to New Zealand residents aged 18 years or over who have signed up as a registered Grabaseat member on grabaseat.co.nz.
  3. Promotion commences Wednesday 2 March 2011, 7.00am and closes Friday 25 March 2011, 11.59am (the "Promotional Period"). Entries received after this closing time will be ineligible for entry.
  4. Conditions of Entry:

    How to Enter: Entry into the Grabaplane Promotion requires an eligible entrant, during the Promotional Period, to:

    1. create a virtual plane (the "Virtual Plane") on the Promoter's website, www.grabaplane.co.nz ("Grabaplane Website") by completing the online form to register as a captain ("Captain"); and
    2. fill 40 seats (excluding the Captain's seat) on that Virtual Plane with confirmed passengers (the "Passengers").

    The procedure for "filling seats" on the Virtual Plane with Passengers is as follows:

    1. The Captain must invite friends/family to join his or her Virtual Plane as Passengers by providing them with the unique URL link for the Captain's Virtual Plane which will be generated by the Grabaplane Website. This can be shared by the Captain via email, Facebook or Twitter.
    2. Friends/family must be signed up as registered Grabaseat members on grabaseat.co.nz in order to register as a Passenger on a Virtual Plane.
    3. Friends/family who are registered Grabaseat members and have been invited by the Captain can register as a Passenger on the Virtual Plane by clicking on the unique URL link provided by the Captain via email, Facebook or Twitter. The friend/family member must login or register with grabaseat in order to "fill" a seat on the Captain's Virtual Plane.

    5. A seat will be deemed to be "filled" by a Passenger upon that Passenger correctly completing the online form on the Grabaplane Website. All 40 seats on the Virtual Plane must be "filled" within the Promotional Period for the Captain to qualify for an entry into the draw.

  5. The Captain's entry into the promotion is automatic upon all 40 seats on the Virtual Plane being filled with Passengers at which time the Captain will receive an email notification that the Captain has qualified for one (1) entry into the draw.
  6. Entrants must comply with the Website Terms of Use and these Grabaplane Promotion Terms and Conditions at all times. The Promoter reserves the right to disqualify any person that fails to comply with the Website Terms of Use or these Grabaplane Promotion Terms and Conditions. Only complete and correct entries are eligible for entry.
  7. The Promoter reserves the right to disqualify any person for tampering with the entry process.
  8. The winning entry will be selected by Grabaseat’s panel of judges from all eligible entries by Monday 28 March 2011. Entries will be judged based on the following criteria:

    • Creativity
    • Originality

    The judge's decision is final and no correspondence will be entered into.

  9. The Winner will win the prize of return economy class airfares for the Winner and up to 40 guests ("Guests") (travelling together) on an exclusive Air New Zealand operated service on Sunday 24 April 2011 (the "Travel Date") for travel between any two domestic airports on the Air New Zealand domestic network of the Winner's choice EXCLUDING Masterton (due to operational requirements the Q300 flights can not operate from Masterton). The flight will be operated using a Q300 aircraft.
  10. The Winner must notify the Promoter by Monday 11 April, 4.00pm, of the Winner's:

    1. preferred destinations on the Air New Zealand domestic network (unless already specified at the time of entry);
    2. preferred departure time for the first sector of the journey which must be between 8.00am - 10.00am on the Travel Date;
    3. preferred departure time for the return sector of the journey which must be between 5.00pm - 7.00pm on the Travel Date; and
    4. preferred passenger manifest which shall include the names of the Guests selected by the Winner who are able to travel on the Travel Date; each Guest's email address, date of birth (for guests 15 years and under at time of travel) and phone number; any special assistance requirements; and any other information reasonably required by the Promoter for the purposes of arranging the prize travel. Subject always to clause 7 of these terms and conditions, the winner may or may not select a Passenger to be a Guest.

    The Winner accepts that once the above travel details are confirmed to the Promoter they can not be altered by the Winner.

  11. Guests who are under the age of 15 at the time of travel must be accompanied by a parent or legal guardian. Such parent or legal guardian will be included as one of the 40 Guests permitted to be selected by the Winner.
  12. While the Promoter will use its best efforts to fulfil the Winner's preferred route and flight times, the actual flight plan is at the sole discretion of the Promoter and is subject to the Promoter obtaining all applicable consents, permits and approvals to operate the flight. The Promoter reserves the right, in its sole discretion, to alter the Travel Date and/or flight times, use substitute aircraft where required, to approve the passenger manifest submitted by the Winner and to refuse carriage and/or special assistance to any person in accordance with Air New Zealand's Conditions of Carriage, and any applicable laws and/or regulations prevailing at the time of travel.
  13. The Winner will be solely responsible for all other costs and expenses that are incurred by the Winner or any Guest(s) that are not specifically included in the prize description (as stated in Clause 10 above) including, without limitation, meals and drinks, transfers to and from airport, transport, taxes, accommodation, spending money, personal expenses, travel and health insurance, rental car insurance, and any other incidentals.
  14. Prize must be taken on the Travel Date. If the Winner is unable for any reason to travel on the Travel Date, the prize in whole will be forfeited. If any Guest is unable for any reason to travel on the Travel Date, that Guest's seat will be forfeited.
  15. Prize travel will be subject to Air New Zealand's Conditions of Carriage as amended from time to time and applicable tariffs and regulations prevailing at the time of travel. To view Air New Zealand's Conditions of Carriage, visit http://www.airnewzealand.co.nz/conditions_of_carriage.htm.
  16. Airpoints Dollars™ and Status Points cannot be accrued on prize air travel.
  17. The Promoter reserves the right to substitute the prize in whole (or any of its components), with a substitute prize of equal or greater value.
  18. Air New Zealand reserves the right, at its sole discretion, to vary, suspend or terminate the promotion at any time, and for any reason including (without limitation) if the promotion is not capable of running as planned including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Promoter that corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of this promotion, Promoter reserves the right, at its sole discretion, to cancel, terminate, modify, extend or suspend the promotion and/or prizes.
  19. The prize cannot be converted into cash and is not transferable. Prize travel may not be used in conjunction with any other competition or offer.
  20. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries. The Promoter assumes no responsibility for any injury or damage to participants or any other person's computer related to or resulting from participation in or down-loading any materials in this promotion.
  21. Neither the Promoter nor any other person or party associated with this promotion shall be liable for any loss or damage whatsoever suffered (including but not limited to indirect or consequential loss) or personal injury suffered or sustained in connection with either participation in this promotion or with any prizes offered including (without limitation) any activities undertaken in connection with any prizes offered.
  22. By entering this competition, all entrants hereby grant the Promoter the non-exclusive right to film, tape, sound record and photograph all their activities in connection with the competition and (if applicable) any prizes. Everything filmed, taped or recorded by the Promoter shall be known as "Footage". The entrant agrees that the Promoter owns all intellectual property rights including (without limitation) copyright in the Footage and in all material incorporating the Footage.
  23. The Winner and each Guest may be required to sign and return a liability release and publicity release (where legally permissible) prior to issuance of travel documents. If any Guest is a minor, the minor must have a parent or legal guardian sign the documents on the minor's behalf and the minor must be accompanied by a parent or legal guardian
  24. The Promoter collects entrants' personal information in order to conduct the promotion. If the information requested is not provided, the entrant may not participate in the promotion. Acceptance of the prize is deemed consent for the Promoter to use the Winner's entry to the Grabaplane promotion (image or text) along with their details, photographs, Footage and any statement made by them concerning the promotion and/or the prize(s) for promotional and media purposes without any further reference, payment or other compensation to the entrant. Please refer to Air New Zealand's Privacy Policy at www.airnz.co.nz/privacy_policy.htm regarding the storage of personal information.
  25. The Promoter of this competition is Air New Zealand Limited, Private Bag 92007, Auckland, New Zealand.