Terms and Conditions
1.1 We/Our/Us: The Ultimate Virtual Race of NZ, Virtual Race NZ, www.virtualracenz.com
1.2 Services: Any services we provide via the website www.virtualracenz.com and includes any associated apps or products, goods or services provided through our website.
1.3 You/Your/User: Any individual that uses and/or engages with the Services.
2. Fees and Pricing
The Ultimate Virtual Race of New Zealand Platform fees:
2.1 A standard entry fee of USD49 applies for each entrant. The event starts 30 April 2021 and ends 29 April 2022. Finally entry and payment date is 30 December 2021. Pricing details can be found at https://www.virtualracenz.com/prices/
2.2 You can purchase an entry via the www.virtualracenz.com website. All entry fees incur a USD3.84 processing fee. Prices are subject to change without notice.
2.3 All prices appearing on our website exclude applicable taxes, including without limitation, sales tax, use tax, goods and services tax (GST), value-added tax (VAT) or other similar taxes or State, Federal or governmental fees, duties and assessments. You will be responsible for any such taxes or costs that may apply.
2.4 Shipment and risk of loss - If your purchase from us includes physical goods, title to the goods shall pass to you upon delivery by us of those goods to the carrier responsible for delivering them to you. Shipments shall be delivered Freight On Board (F.O.B). and we will have no liability for loss or damage after delivery to the carrier.
2.5 Refunds - All entry fees are non-refundable. Requests for refunds in exceptional circumstances can be made but acceptance will be solely at our discretion. If you request a refund and we deem it to be acceptable, it will be provided less any processing or administrative costs that have been incurred.
3. Prize Draws
From time to time during the Ultimate Virtual Race of NZ will run Giveaways or Competitions through our website, email newsletters and social media channels to promote destinations and attractions (our partners) participating in the Ultimate Virtual Race of NZ. The following Terms and Conditions apply to all Giveaways and Competitions, in addition to any special terms and conditions, which will be published through the our channels at the time when the respective Giveaway and Competition will be promoted.
By entering a Competition or Giveaway, entrants are deemed to have read, understood and accepted the following Prize Draw Terms and Conditions.
3.1 Competition and Giveaway prizes are given to a number of entrants selected by random draw (unless otherwise stated).
3.2 An entry into the Competition or Giveaways is created upon registering and paying to participate in the Ultimate Virtual Race of NZ.
3.3 Every entrant warrants that all information submitted is true, current and complete. Ultimate Virtual Race NZ reserves the right to disqualify any entrant who does not comply with these terms and conditions.
3.4 Competitions and Giveaways are open to all Ultimate Virtual Race of NZ paid entrants, aged 18 years and over, unless otherwise stated. A person can only enter once and multiple entries will result in an entrant being disqualified.
3.5 All reasonable attempts will be made to contact Competition and Giveaway winners using details provided on their entry forms. Should those attempts fail, another winner will be drawn or selected.
3.6 Prizes are not redeemable for cash, transferable to any other person, and cannot be used in conjunction with any other offer or promotion.
3.7 If a prize or part of a prize becomes unavailable (for any reason), we reserve the right to limit entry, cancel or amend the prizes at our own and sole discretion, including providing the winner with a substitute prize, either in full or in part.
3.8 Winners will be notified in advance if prizes are sent by courier. Couriers may be instructed to have all prizes signed for on receipt. Failure to obtain a signature where required will result in the prize being returned to Ultimate Virtual Race NZ and another winner may be drawn/selected.
3.10 Ultimate Virtual Race NZ decisions are final and no correspondence will be entered into.
3.11 All entrants consent to participate and cooperate as required in all promotional activities relating to the Competition or Giveaway. If stated, entrants also agree to receiving the email newsletter (which can be unsubscribed from at any time).
3.12 All information provided by entrants will be collected, used, stored, disclosed and corrected in accordance with the Privacy Act 2020. All entrants have the right to access their information and request for any personal information to be corrected.
3.13 The following persons are not eligible to win any prize:
- Anyone under the age of 18 at the time of entering the Competition or Giveaway (unless otherwise stated).
- Anyone who works for Ultimate Virtual Race NZ or our partner organisations, their immediate family members or any agencies or companies associated with the Competition or Giveaway.
3.14 Ultimate Virtual Race NZ reserves the right to exclude any entrant from participating at its sole discretion. Ultimate Virtual Race NZ also reserves the right to refuse to award a prize to an entrant who is in breach of these Terms and Conditions, gained an unfair advantage in participating or won by using fraudulent means.
3.15 Ultimate Virtual Race NZ will not be liable for any loss, damage, costs (for instance incurred in accepting or redeeming a prize) or any injury whatsoever suffered by an entrant as a result of or in connection with the Competition or Giveaway, including any inability to enter, complete or continue the competition or giveaway due to equipment or technical malfunction.
3.16 Ultimate Virtual Race NZ reserves the right to amend or change these Prize Terms and Conditions at any time at its sole discretion, including extending, postponing or cancelling the Competition or Giveaway.
3.17 Ultimate Virtual Race prize suppliers' standard terms and conditions will apply to the prizes they provide. Terms and conditions specific to the Air New Zealand elements of the major prizes are detailed here.
3.18 These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the New Zealand Courts.
4.0 Your Obligations in using our service
By using the the Ultimate Virtual Race NZ services you agree to the following:
4.1 You accept that you must be 18 years or over to register an account and use our services. If you are under 18 years, your parents or legal guardians are required to register your account and by doing so give consent and assume responsibility for you using the services.
4.2 Your account will only be used by you and all registered information provided by you is true and correct.
4.3 You will only use the services within your personal physical limits. You accept that we cannot provide advice relating to your personal physical limits or current medical state and you acknowledge you are responsible for your actions and assume all risk (including injury or death) to your person or property resulting from your use of the services.
4.4 You will regularly seek medical advice while using the services.
4.5 You will comply with all applicable local, state/provincial, regional and national laws while using the services.
4.6 You will immediately alert us email@example.com about any unauthorised use of your account.
4.7 You agree to allow us to use anonymous aggregate data to enable Ultimate Virtual Race NZ to offer a better service in the future.
4.8 You agree to allow Ultimate Virtual Race NZ to collect and use data in order to serve advertisements and offers.
4.9 You agree to not share your account login information with other people and/or log in to an account not set up by you. If you do, your account may be deleted or suspended without notice with no right of recovery of paid fees.
4.10 You acknowledge and agree to all terms and conditions contained on this webpage.
5.0 Prohibited Activities
5.1 You agree to never use the services in a way that is or may be harmful to yourself or others. This includes but is not limited to:
5.1.1 Training within your personal limits and seeking medical advice when using our services, including prior to commencement, at regular intervals, and at any time your level of health or fitness changes;
5.1.2 Taking all relevant health and safety precautions while using our services, including but not limited to having regular medical checks, wearing appropriate clothing and footwear, choosing appropriate routes and training conditions;
5.1.3 Not using your account to make inappropriate comments or communications (including derogatory, obscene or disparaging remarks) that may be viewed by other people.
5.1.4 You agree you will not use the services if you have been medically advised not to do so or you have not received medical clearance to use them. You acknowledge that we will not be liable for any injury, harm or death sustained as a result of using the services.
5.1.5 You agree not to use the Services in any way that may violate any laws, statutes, ordinances or regulations you may be subject to.
6.0 Ultimate Virtual Race of NZ Accounts
6.1 We reserve the right to delete or suspend any user accounts at our discretion.
6.2 Users are fully responsible for any content posted on their social media accounts. You agree by registering an account with us that you will not:
6.2.1 Provide information that is not complete and accurate.
6.2.2 Use your account for any illegal purposes.
6.2.3 Use sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the site.
6.2.4 Share an account with any other person for the purpose of logging activities and avoiding paying fees.
6.2.5 Attempt to bypass or otherwise circumvent the designated method of payment as provided by us.
6.2.6 We may remove any content or block any user from their account for any reason at our sole discretion.
6.2.7 We will have no obligation to provide a refund of any paid fees if an account is blocked or otherwise amended.
6.2.8 We do not and cannot review all the material posted by users. We cannot be liable for any content or harm that it may cause.
6.2.9 By using our services and holding an account you acknowledge you are responsible for protecting yourself from content that is offensive or harmful that may have been posted or sent to you by another user. If you have concerns about any content, please email us at firstname.lastname@example.org
6.2.10 When using our services you are responsible for online security and protecting your equipment (computer, devices, etc.) from any harm resulting from such use.
6.2.11 We hold no funds on behalf of any users. You acknowledge that we may be required by law to provide information to regulatory or governmental agencies regarding transactions you action for our services.
7.1 Ultimate Virtual Race NZ processes payment transactions through a 3rd-party payment solutions provider.
7.2 When joining the event a payment will be processed through our 3rd party payment processor.
7.3 Ultimate Virtual Race NZ will not be held liable for any loss or damage due to failure to comply with these terms and conditions.
8.1 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.
8.2 We are not liable for the sourcing or supply of any products or services that have not been directly offered to you by us.
8.3 We are not liable for any unfair practices, false statements or misrepresentations made by a third party (for example, a race host) in relation to the services.
8.4 We are not liable for any comments, posts, messages or other communications made by a user or third party via our service platform. We will endeavour to delete and/or restrict any inappropriate content as soon as it is notified to us (email email@example.com)
8.5 Our maximum liability for any claim associated with your use of the services, whether under contract, at law, in equity or otherwise for any loss or damage, is an amount equal to the total fees paid by you.
9.0 Disclaimer of Warranties
9.1 We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our services, for reasons including, but not limited to, failure of our service, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for an amount equal to the total fees paid by you, or if not applicable the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
9.2 You agree that we are not responsible in any way for claims or offers made by third parties in relation to our services or through our website. This includes any failure of a third party to provide goods or services or the failure of any goods or services to meet your expectations.
9.3 We are not responsible for any failures on the part of our third party payment processors.
9.4 We are not liable for any failure of the goods or services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional on our website which prevent access to our website temporarily or permanently.
9.5 The provision of our service to you is contingent on your agreement with this and all other sections of this agreement nothing in the provisions of this section shall be construed to limit the generality of the first paragraph of this section.
9.6 For jurisdictions that do not allow us to limit our liability: notwithstanding any provision of these terms and conditions, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for. (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
9.7 If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542. Which states, "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." you hereby waive this section of the California civil code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.
You agree to defend, indemnify and hold harmless us, our employees, and agents from and against any and all claims and expenses, including legal/attorney fees, costs, and disbursements, arising out of your use of the services, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
11.0 Governing Law
These Terms and Conditions and our provision of services to you shall be governed by the laws of New Zealand.
12.0 Forum of Dispute
12.1 Any dispute arising from or relating to these Terms and Conditions or our provision of services to you will be raised with us directly in the first instance. We will endeavour to resolve your dispute in accordance with these terms and conditions.
12.2 If a direct resolution cannot be achieved, you agree to the matter being referred to mediation. A New Zealand-based mediator will be agreed to by the parties.
12.3 If the matter is not resolved at mediation, it must be resolved in a court of competent jurisdiction in New Zealand.
12.4 If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion.
12.5 Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys' fees, costs, and disbursements.
13.1 Electronic communications may be sent to you by us to inform you of a variety of matters, including the state of your account. You agree to allow us to send these communications to your email address. You also agree that we are not liable for any user generated content (content created by other users which could include words, images, videos etc) that is sent to you as a part of these communications.
13.2 You agree that you are liable for any unlawful communications you send to others in connection with our services.
14.0 Copyright and Other Intellectual Property
14.1 We claim copyright in all content related to our services and website. In the event of an infringement we have the right to immediately delete your account and we may pursue any rights or remedies available to us.
14.2 Our website is also protected by Trademark, trade secret and/or other proprietary intellectual property rights owned by or licensed to us.
14.3 You have no intellectual property rights in or to the services or any content, other than the right to use them in accordance with these terms and conditions.
14.4 Any copying, provision of access or transfer of our content to any other person shall constitute an infringement of applicable intellectual property rights and a breach of these terms and conditions. In the event of an infringement we have the right to immediately delete your account and we may pursue any rights or remedies available to us.
14.5 Our trade and service marks and logos (whether registered or not) are our property and may not be used without consent. For the avoidance of doubt, you may not use any of our or our trademarks or service marks in any domain names or in any account name or user ID for any social media site or blog.
14.6 If you believe your copyright or other intellectual property right has been infringed, please send us a notice that contains:
- Your name
- The name of the party whose copyright or trademark has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing material.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear. under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
- You must sign this notification and send it to our Copyright Agent at: firstname.lastname@example.org
15.1 In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it.
15.2 If two or more provisions are deemed to conflict with each other's operation, Ultimate Virtual Race NZ shall have the sole right to elect which provision remains in force.
16.1 We may amend our services and/or these terms and conditions from time to time. When we amend these terms and conditions we will update this page. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You agree to regularly visit this page and read and accept it if the date it was last modified is more recent than the last time you agreed to the Agreement.