Explorer Terms and Conditions

Terms and Conditions for Use of the STEM Explorer Trail

Sept 2023

Endorsements

• The STEM Explorer Trail (activity) is created by the STEM Wana Trust (SWT) and shall be entered into and participated in via the STEM Explorer Trail app (App).
• This activity is in no way sponsored, endorsed or administered by, or associated with, Google or Facebook. The App may contain links or be accessed through other websites, such as Google or Facebook (Linked Websites). As the content and maintenance of Linked Websites is out of our control, please be aware that SWT is not responsible for the content or privacy practices of those websites. SWT’s use of Linked Sites does not necessarily endorse those Linked Sites.
• Registration into the activity constitutes acceptance of these terms and conditions. All entry instructions and information published by SWT form part of these terms and conditions.
• The activity shall run for one day on the 01 October 2023 (Trail Period). 

Social Media

• SWT may post Live Stories to its official social media accounts during the Trail Period.
• A photo of winners may be shared to SWT social media accounts.
• Any personal information that the entrant contributes to SWT’s social media accounts can be read, collected and used by other social media users. 
• These terms and conditions must be read in addition to the respective terms and conditions governing the use of social media sites, such as Facebook and Twitter, as published by the relevant social media site. By accessing a social media site the entrant agrees to be bound by, and comply with, the terms and conditions of that social media site, provided that these terms and conditions, along with SWT’s Privacy Policy, are paramount where there are inconsistencies with the general terms and conditions published by the relevant social media site.

Rights

• Entry is open to all registrations, except employees of SWT.
• Activity participants agree to indemnify, and keep indemnified, SWT against all claims, demands, costs (including legal costs on a solicitor and client basis), losses, expenses and damages arising out of their participation in the activity.
• SWT reserves the right, at any time, to verify the validity of any entry and to disqualify any entrant who does not act in accordance with these terms and conditions. Failure by SWT to enforce any of its rights at any stage does not constitute a waiver of those rights. Errors and omissions will be accepted at SWT’s discretion.

Prizes

• Any prizes cannot be transferred, exchanged or redeemed for cash. All decisions of SWT are final and no correspondence will be entered into. If a prize becomes unavailable for whatever reason, SWT reserves the right to substitute that prize or part of that prize for an item of an equivalent value. Prizes have no cash value.
• Winners will be notified by email. Winners may be required to provide name, address, email address, phone number, and other information in order to fulfil the award. If a winner cannot be contacted within 24 hours, we reserve the right to re-select the prize winner. 

Liabilities

• SWT is not responsible for any technical malfunctions of the App or problems with the internet or network congestion, including injury or damage to a participant’s or any other person’s device related to participation in this activity, or problems with transmission of entries over the internet.
• To the fullest extent permitted by law SWT will not be liable for any loss or damage whatsoever (including but not limited to indirect or consequential loss) or for personal injury as a result of participating in the activity or accepting or using a prize(s). Nothing in these terms and conditions is intended to exclude, restrict or modify the entrant’s rights under the Consumer Guarantees Act.

Posting Policy

• SWT may allow the entrant to post content on the App or SWT social media accounts.
• Each entrant owns all of the content, feedback, and personal information they provide to SWT, but also grant SWT a non-exclusive license to it.  This means SWT has the right to use the entrant’s user generated content (UGC) for the purposes of its business in any way it sees fit, and without any further notice to the entrant or permission from the entrant or any obligation on SWT’s part to pay the entrant any money or provide any other compensation for SWT’s use of the entrants UGC. 
• The entrant is responsible to SWT and all relevant third parties for any UGC it uploads to the App or SWT social media accounts.  SWT is entitled to recover any costs or liability it incurs as a result of the entrants UGC, direct from the entrant and the entrant indemnifies SWT accordingly.
• When using the App or SWT social media accounts, the entrant must not do any act that SWT would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the App, including but not limited to:
  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • using the App or social media accounts to defame or libel SWT, its employees or other individuals;
  • uploading files that contain viruses that may cause damage to SWT’s property or the property of other individuals;
  • posting or transmitting to the App or social media accounts any non-authorised material including, but not limited to, material that is, in SWT’s opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, or otherwise or which is detrimental to or in violation of SWT’s systems or a third party’s systems or network security.
• If SWT allows the entrant to post any information to the App or social media accounts, SWT has the right to take down this information at its sole discretion and without notice.  We take no responsibility and assume no liability for any content posted, stored, transmitted or uploaded to the App or social media accounts by the entrant (in the case of its content) or any third party (in the case of any and all content more generally), or for any loss or damage thereto, nor is SWT liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, or profanity the entrant may encounter.

Licence

• SWT grants the entrant a non-exclusive, non-transferable, revocable license (License) to use the App solely for the purpose of the activity. Any contravention by the entrant of these terms and conditions terminates the License immediately.
• Under no circumstances, without SWT’s prior written approval, may the entrant adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the App. The entrant must not:
  • use any data gathering and extraction tools or software to extract information from the App;
  • frame or utilise framing techniques to enclose any of the contents of the App without SWT’s express prior permission; or
  • use any meta-tags or other hidden text which incorporate SWT’s name or any of its intellectual property including trademarks without SWT’s express prior permission.

Information

• Information SWT collects from entrants, whether through the App or otherwise, will be held in accordance with the Privacy Act 1993, SWT’s Privacy Policy and these terms and conditions.
• Records of all entries become and remain the sole property of SWT. Unless otherwise advised by the entrant, all entries will be entered into a database and SWT reserves the right to use entrants’ data for marketing purposes.
• As per the provisions of the New Zealand Privacy Act, entrants’ personal information will be stored at the office of SWT and used for the purposes of conducting the activity. Entrants may seek access to and request the correction or removal of their personal information held by STEM Wana Trust by contacting: hello@stemwana.nz

Cookies

• The App may also place cookies on the entrant’s device. Cookies are alpha numeric identifiers which are transferred to a device’s hard drive through the entrant’s web browser to enable SWT to recognise the entrant whenever they access the App and therefore better personalise the entrant’s access of the App. A cookie does not identify the entrant personally, but it does identify their device.

Misc

• SWT is not responsible for late, lost, stolen, damaged, garbled, incomplete, or misdirected entries or communications; for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise.
• SWT disclaims any liability for damage to any technical system resulting from participation in, or accessing or downloading information in connection with, this activity, and reserves the right, at its sole discretion, to modify, cancel, terminate or suspend this activity should any virus, bug, technical failures, unauthorized human intervention or other causes beyond SWT’s control corrupt or affect the administration, security, fairness or proper conduct of the activity.
•  Unless otherwise stated on the App or elsewhere, SWT is the owner of, or otherwise has the right to use, all copyright, trade marks and other intellectual property rights relating to SWT on the App. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on the App. SWT’s ownership in such intellectual property is protected by both New Zealand and international law.
• SWT, in its sole discretion, reserves the right to cancel, suspend, terminate or modify the activity if fraud, technical failures or any other factor beyond SWT’s reasonable control adversely affects the SWT’s ability to conduct the activity as contemplated in these terms and conditions, subject to any written directions from any regulatory authority. 
• SWT reserves the right, at its sole discretion, to modify or cancel this activity at any time and to disqualify any entrant if his or her participation affects the integrity of the activity.
• Any cancellation or modification to the competition will be notified on the official SWT and activity websites.