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TERMS AND CONDITIONS

Goodyear Autocare NZ Goodyear Wrangler DuraTrac Tyres Giveaway Competition

The winner selection took place on the 24th of June 2022 at 3pm.  

The below Goodyear Autocare NZ fan who made an eligible entry by following GAC NZ’s Facebook page and answering a question under the Competition post between 13 June 2022 – 19 June 2022 has been selected as the provisional winner. 

The prize winner will be notified via Facebook direct/private message within 10 working days.   

Leon Wharemate

TERMS AND CONDITIONS

1. The promotion is a giveaway competition operated on the Goodyear Autocare NZ Facebook page ("Promotion") to win one set of 4 x Goodyear Wrangler DuraTrac Tyres (tyres may only be fitted to a suitable vehicle), fitted and balanced at their nearest participating Goodyear Autocare store to the maximum value of RRP NZD$2,000 including GST ("Prize").

2. The Promoter is Goodyear & Dunlop Tyres (NZ) of 415 East Tamaki Rd, East Tamaki 2013.

3. Information on how to enter and any associated social media post(s) form part of these Terms and Conditions.

4. Participation in this Promotion is deemed acceptance of these Terms and Conditions.  In the event of any inconsistency between any information on this Promotion published elsewhere and these Terms and Conditions, these Terms and Conditions will prevail. 

5. Entry is only open to New Zealand residents aged 13 years or older.  In order to redeem their Prize, the Winner must be able to make their own way to a participating Goodyear Autocare in New Zealand by 31 August 2022 for the tyre fitment to take place. 

6. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the 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.

7. 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.

8. The Promotion commences on 13/06/2022 and entries close at 11:59pm NZST on 19/06/2022 (“Promotional Period”).

9. To enter, individuals must complete the following steps:

  1. follow, or be following, the Facebook page with the social media handle "Goodyear Autocare NZ";
  2. comment a response to the question “where you would drive to first with all-new Goodyear Wrangler DuraTrac tyres on your car and why” in 25 words or less, on the relevant social media post that announces the Promotion,

 together referred to as the "Requirements".

10. Entry to the Promotion is limited to a single entry per person

11. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an 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 misconduct 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. Incomplete or indecipherable entries, or entries that do not meet the Requirements, will be deemed invalid.

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

14. Chance plays no part in determining the winner.  Each entry will be individually judged based on the creative merit of the submission. The most creative valid entry, as determined by the judges, will be deemed the winner ("Winner").

15. The Winner will be selected at the Promoter’s Australian office at Level 8, 333 Collins Street, Melbourne VIC 3000, Australia on 24/06/2022 at 3:00pm AEST.  The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.

16. In the event of a dispute concerning any aspect of the Promotion, including eligibility, the Promoter’s decision will be final, and no correspondence will be entered into.

17. The Promoter will make reasonable effort to contact the Winner via a direct/private message on Facebook within 10 working days of the selection. The Winner must claim the Prize by confirming their contact details by return message within one (1) week of the date of notification by the Promoter.  The Winner must be able to complete the redemption of the Prize at their nearest participating Goodyear Autocare branch by 31 August 2022. If the Promoter is unable to make contact with the Winner within that period, the Winner does not confirm their acceptance of the Prize in accordance with this deadline or the Winner does not collect the Prize by 31 August 2022, then the Prize may be forfeited (at the Promoter's discretion) and another winner as chosen by the Promoter may be selected on the same terms and conditions as the original selection.

18. If the Prize (or part of the Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a prize to the equal value and/or specification as the Prize.  The Promoter reserves the right to withdraw or amend the competition as necessary due to circumstances outside its control.

19. The Prize is not transferable or exchangeable and cannot be taken as cash.  Any attempt to resell or auction all or any part of the Prize will result in an immediate cancellation of the Prize.  In the event that, for any reason whatsoever, the Winner (or any subsequently selected winner) does not complete the redemption of an element of the Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by that winner without any replacement for their value.  

20. Entrants agree that they are fully responsible for any materials they submit via the Promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:

 

  1. their Content must be an independent creation and free of any claims that they infringe any third party rights;
  2. their Content must not have been published previously and/or have been used to win prizes in any other competitions;
  3. they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 13, or otherwise unsuitable for publication;
  4. their Content shall not contain viruses or cause injury or harm to any person or entity;
  5. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
  6. they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
  7. they consent to any use of the Content which may otherwise infringe any intellectual property rights or moral rights afforded to the Content creator(s) in accordance with the Copyright Act 1994) and warrant that they have the full authority to grant any of those rights; and
  8. 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.

 

Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

21. As a condition of entering this Promotion, each entrant licenses and grants the Promoter, 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 entry (which shall include 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.

22. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are the Winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter irrespective of the promotions' relations to the Promotion.

23. If the 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 to:

a)       disqualify any entrant; or

b)       modify, suspend, terminate or cancel the Promotion, as appropriate.

24. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. 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.

25. The Winner has rights under the New Zealand Consumer Guarantees Act 1993 which cannot be excluded or limited by the Promoter. These rights include statutory guarantees that any goods provided by the Promoter will be of acceptable quality and fit for purpose, and that any services provided by the Promoter will be rendered with due care and skill. These terms and conditions do not, and do not intend to, exclude or limit those statutory rights in any way. However, to the extent that is permitted by law to do so, the Promoter makes no representations or warranties, express or implied, under laws other than the Consumer Guarantees Act 1993 regarding the quality or suitability of the Prize awarded as part of this Promotion and will not be responsible for breach of such representations or warranties

26. Subject to any applicable laws which cannot be excluded, the Promoter (including its respective officers, employees and agents) will not be liable or responsible for:

 

a)       any loss, damage or injury of any nature incurred or suffered by any person (including but not limited to direct or consequential loss or loss arising from negligence) arising directly or indirectly out of or in connection with the Promotion or with winning, redeeming or benefiting from the Prize.

b)       any theft, unauthorised access or third party interference;

c)       any entry or Prize 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 the value of the Prize to that stated in these Terms and Conditions;

e)       any tax liability incurred by the Winner or entrant; or

f)        use of a Prize.  

27. The Promoter collects personal information as defined under the Privacy Act 2020 ("PI") in order to conduct the Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and Prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI in accordance with its Privacy Policy, which can be viewed at https://www.goodyear.co.nz/privacy-policy/ and unless otherwise advised, the Promoter may use and the entrant consents for the Promoter to use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant for an indefinite period. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how 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. All entries become the property of the Promoter. Entrants have the right to access to, and to request correction of, their PI. 

28. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a Prize), except for any liability which cannot be excluded by law.

GENERAL TERMS AND CONDITIONS OF TRADE  (03/21)


To the fullest extent legally permissible all dealings between the customer (including all related and/or associated companies and/or other entities, all successors and/or assigns and in its own capacity and as trustee of each and every trust of which it is trustee) [jointly “the Customer”] and Goodyear & Dunlop Tyres (NZ) NZBN 9429040973302 (and/or any successors and/or assigns) [“GDT” or the “Supplier”] relating to any goods and/or services [the “goods” and/or the “services”] are subject to the following terms and conditions [“these Terms”] unless otherwise expressly agreed in writing:

1. Payment: a) Payment shall be made by cash, cheque, bank transfer, credit card or EFTPOS, without deduction and within the credit period stipulated in each invoice or statement. b) Payment must be made within 30 days from the end of month during which the relevant invoice is dated by the Supplier, unless otherwise stated. c) The Customer agrees to pay the liquidated processing costs on credit card payment as applicable to each card merchant as varied from time to time and advised to them by the Supplier. The Supplier will use reasonable efforts to notify the Customer of such charges in advance, and the Supplier will set out its current charges to a Customer upon request.

2. Interest: Interest shall be charged on overdue accounts at 12%.

3. Property: a) The Customer agrees that these Terms constitute a “security agreement” for the purposes of the Personal Property Securities Act 1999 [“PPSA”], that the Supplier has and/or will have a “security interest” in all goods whether present or after acquired for the purposes of the PPSA and that PPSA Sections 114(1)(a), 116, 120(2), 121, 125, 126, 127, 129, 131. 133 and 134 shall not apply to any such security interest. b) Property in goods shall not pass until payment in full of all monies owed by the Customer. c) the Supplier reserves the right to take possession and dispose of goods as it sees fit at any time until full payment. The Customer grants permission to the Supplier to enter any property where any goods are stored. d) Immediately on delivery the Customer accepts liability for the safe custody of goods. e) On sale or disposition of any goods prior to full payment the Customer agrees to deposit all proceeds in a separate bank account and to not mix proceeds with any other monies and shall forthwith account to the Supplier notwithstanding that the Supplier may have granted any credit facility and/or time to pay. f) Until payment in full the Customer agrees: (i) to store all goods unpaid for in a manner which shows the Supplier as owner; (ii) to only sell goods in the usual course of its business on the basis that all proceeds are held in trust for the Supplier; and (iii) that sale on terms, for less than cost and/or to a related entity of the Customer shall not be “in the usual course”. g) Without derogating from any rights of the Supplier as a creditor or under these Terms if goods are used in any installation, assembly, construction, fabrication, manufacturing and/or other process [“the Process”] which results in an entitlement of the Customer to receive money from any other person the Customer agrees to hold such part of any monies received by the Customer (or the corresponding book debt owed to the Customer in respect of those monies) as is equivalent to the value of any goods used in the Process as invoiced to the Customer by the Supplier UPON TRUST for the Supplier until payment in full for those goods and all monies owed to the Supplier. h) Nothing in this clause is intended to create a charge and this clause shall be read down to the extent necessary to avoid creating any charge.

4. Warranty: a) the Supplier’s warranty policy on any goods and/or services supplied is published on the Supplier’s website at www.goodyeardunloptyres.co.nz; b) Notwithstanding clause 5, the Supplier’s warranty is hereby incorporated into these Terms; c) the Supplier may vary its warranty terms and conditions from time to time; and d) the Supplier will notify the Customer of any change of warranty terms and conditions and any supply from the date of notice shall be subject to the updated warranty terms and conditions.

5. Limitation of Liability: To the fullest extent permitted by law, the Supplier's liability, whether arising in connection with this agreement, under contract, common law or statute, is limited to the following: a) the Supplier may at its election either repair or replace any goods; b) the Customer agrees to limit any claim to the replacement/repair of the goods (or cost thereof) and/or re-supply of services (or cost thereof); c) in any event, the Supplier’s liability to the Customer under a Supply Agreement is limited to the value of the goods and/or services, charged by the Supplier to the Customer under that Supply Agreement; and d) the Supplier shall not be liable for any consequential loss and/or any special and/or punitive damages in connection with the purchase of any goods and/or services.

6. Cancellations and Returns: a) the Customer agrees not to cancel any order or return any goods without the Supplier’s prior approval (to the extent permitted by law). b) to be returned goods must be in brand new and unused condition with undamaged packaging, and no more than 3 weeks may have passed since delivery. c) the Supplier is not obliged to accept return of goods but may take back goods in saleable condition on such terms as the Supplier considers to be reasonable. d) all accepted returns may incur a restocking fee of up to 10% of the original invoice value (to the extent permitted by law). This restocking fee will only be applicable if it reflects a loss that is suffered directly by the Supplier as a result of the Customer’s return.

7. Quotations and Orders: The Customer agrees that: a) quotations must be in writing; b) the Supplier shall not be bound by any quotation if an order is not placed within 14 days from the date of quotation; and c) the Supplier may prior to receipt of any order amend any quotation and notify the Customer accordingly without ramification.

8. Supply and Delivery: a) the Supplier may supply or refuse to supply goods and/or services at its discretion (acting reasonably) b) the Supplier may supply by instalments and/or withhold or cancel supply where: (i) the Supplier has insufficient goods to fulfil orders; (ii) goods are not available to supply; (iii) the Supplier is unable to perform services at the time requested due to insufficient personnel or materials; (iv) the Customer is in breach of these Terms, its payment terms or has exceeded any credit limit; (v) the Supplier has any safety concerns; or (vi) the Supplier has grounds for suspecting it will not be paid for the supply. c) The Customer agrees that: (i) any delivery of goods by the Supplier shall be at the cost of the Customer; (ii) risk and liability for any goods passes to the Customer upon delivery; (iii) the Supplier may leave any goods at the Customer’s business premises or nominated delivery address if the site is unattended where reasonable to do so or by prior arrangement; (iv) the Supplier may arrange delivery via its agents; (v) a certificate purporting to be signed by a representative of the Supplier confirming delivery shall be conclusive evidence of delivery as shall any signed delivery docket; and (vi) the Supplier shall not be liable for delay, failure or inability to deliver any goods. d) The Customer agrees: (i) to pay for so much of any forward order as the Supplier invoices from time to time; (ii) that no delay or failure to fulfil any part of any order shall entitle the Customer to cancel or vary any order or delay or reduce any payment; and (iii) to pay the Supplier for any demurrage or other costs and expenses in handling and/or holding any goods once the goods are ready for delivery and/or collection and the Supplier has notified the Customer of their availability.

9. Specifications and Purchase Price: a) The Customer acknowledges that goods and services provided by the Supplier are standard form and their specifications may be varied from time to time, including due to changes to the goods made by their manufacturer. b) the Supplier may vary the prices that it charges for the goods or services by providing reasonable notice in writing to the Customer. c) In the absence of a binding quotation all sales are made at the price nominated by the Supplier at the time of supply. d) All government imposts, levies and duties (including any GST or equivalent) shall be to the Customer’s account. e) Prices exclude all government imposts, levies and duties (including any GST or equivalent). f) the Supplier may set off any amount it is owed by the Customer against any amount that it owes to the Customer

10. Separate Agreement: The parties agree that: a) this Agreement may constitute a separate agreement/s between the Customer and GDT; b) nothing set out in these terms creates an obligation for the Customer to place orders for goods and/or services from the Supplier; c) each order placed by the Customer is an invitation to treat, and is subject to the Supplier’s acceptance in its discretion (acting reasonably); d) each supply and delivery of goods and/or services shall be a separate agreement between the parties [“Supply Agreement”]; e) these terms shall be incorporated into each Supply Agreement; and f) the security agreement referred to in clause 3 of these Terms shall apply to each Supply Agreement.

11. Exclusions: To the extent permitted by law: a) no dealing between the Supplier and the Customer shall be or be deemed to be a sale by sample; b) the Customer shall rely on its own knowledge and expertise in selecting any goods and/or services for any purpose and any advice and/or assistance given by or for the Supplier shall be at the Customer’s risk and shall not be or be deemed to be given as expert or adviser nor to have been relied on by the Customer or anyone claiming through the Customer; c) all goods are sold subject to all applicable trading terms, warranties and representations of the manufacturer; d) the Supplier shall not be responsible nor liable for paying and/or obtaining any necessary statutory, government and/or utility fees, expenses, orders, approvals, permits and/or licences; e) the Supplier shall not be liable for any goods and/or services: (i) utilised, stored, handled and/or maintained incorrectly or inappropriately; and/or (ii) manufactured and/or supplied by any other party; and f) the Customer agrees to: (i) check all goods for compliance with all applicable laws, standards and/or guidelines before use, on-sale and/or application; (ii) comply with all applicable laws, standards and/or guidelines and with all recommendations and/or directions made and/or given by the Supplier and/or by any manufacturer; and (iii) act in accordance with good practice at all times.

12. Default: a) On default or breach (which remains un‑remedied for 7 days) of any part of these Terms by the Customer the full balance of all unpaid monies shall be deemed by this clause to be immediately due and payable (save to the extent that the Supplier expressly directs otherwise in writing) and the Supplier may inter alia terminate any agreement with the Customer (including this agreement), withhold or cancel any rebates, discounts or allowances, retain all monies paid, cease further deliveries and/or provision of services, recover all lost profits and/or at its discretion take immediate possession of any goods not paid for without prejudice to any other rights and without being liable in any way to any party. b) The Customer agrees to indemnify the Supplier for all fees and expenses payable to lawyers, mercantile agents and/or other parties acting on behalf of the Supplier in respect of anything instituted or being considered against the Customer whether for debt, possession of any goods or otherwise (including all legal costs on an indemnity basis). c) the Supplier may apply any payment in reduction of fees, interest and/or any principal debt in such order of priority as the Supplier in its discretion deems appropriate.

13. Termination: Either the Supplier or the Customer may terminate this agreement with 30 days’ notice without prejudice to any other rights and without being liable in any way to any party. Rights and obligations of the parties under clauses 1, 2, 3, 4, 5, 6, 8, 11, 12 and, 14 shall continue to apply after any termination of this agreement.

14. Indemnity: The Customer fully indemnifies and hold harmless the Supplier against any claim or loss arising from or related in any way to any dealing between the Supplier and the Customer and/or arising under these Terms, save for any loss or damage arising directly from the Supplier’s negligence or wilful misconduct.

15. Other Terms and Conditions: No terms and conditions sought to be imposed by the Customer upon the Supplier shall apply.

16. Jurisdiction: The Customer agrees that these Terms and any claim or dispute between the Supplier and the Customer shall be governed by the laws of New Zealand parties submit to the exclusive jurisdiction of the Courts of New Zealand.

17. Credit Limit: Any credit facility or credit limit is an indication only of the intention of the Supplier at the time. The Supplier may reduce or withdraw credit at any time at its discretion and without any liability to the Customer or any other party. The Supplier may increase any credit limit to accommodate any supply or charges requested by or agreed to be the Customer. The Customer acknowledges that it is liable and will pay for any goods and/or services supplied at its request notwithstanding the credit limited is exceeded.

18. Privacy and Credit Reporting Policy: The Privacy and Credit Reporting Policy of the Supplier is available at www.goodyeardunloptyres.co.nz (Policy). This Policy includes a notification that sets out specific information related to the collection, use and disclosure of credit‑related information. Please contact us if you would like to receive this Policy in an alternative form (e.g. hard copy).

19. Waiver: An election by the Supplier not to exercise any rights on any breach of these Terms shall not constitute a waiver of any rights relating to any other breach.

20. Variations: The Customer: a) acknowledges that the Supplier may vary or replace these Terms affecting all future dealings between the Customer and the Supplier as necessary to comply with any change in law; b) shall be deemed to have notice of any variation to or replacement of these Terms immediately upon the Supplier notifying the Customer at the Customer’s last known address; and c) shall be deemed to have accepted these Terms as varied or replaced immediately upon placing any further order with the Supplier.

21. Force Majeure: The Supplier shall not be in default or in breach of any contract with the Customer due to any matter that is outside of its reasonable control, including any strike, lock-out, epidemic or pandemic.

22. Insolvency: The Customer shall be in default of these Terms if it commits an act of insolvency, appoints an insolvency practitioner and/or calls a formal meeting of creditors.

23. Severability: Any part of these Terms shall be capable of severance without affecting any other part of these Terms.

24. Anti-Bribery and Corruption: Each party warrants that it and its related bodies corporate shall comply with all applicable anti-bribery and anti-corruption laws including (without limiting) the US Foreign Corrupt Practices Act. Without limiting the foregoing neither party shall make any improper or unlawful payment, gift, bribe, or advantage to any government or quasi government official in order to influence any administrative decision or to gain any improper advantage.

25. Consumer Guarantees Act: To the extent permitted by law, to the extent goods are supplied to the Customer in connection with the Customer's business, the parties agree that the provisions of the Consumer Guarantees Act 1993 do not apply. For the avoidance of doubt, nothing in these terms limits (or purports to limit) any rights the Buyer may have under the Consumer Guarantees Act 1993.