Terms and Conditions

General Terms of Access and Use

These terms and conditions ("Terms") set out how you may enter into, and continue to participate in, tomorrowShopper. Please read through these Terms carefully. If you do not accept the Terms, do not register for tomorrowShopper. If you do not accept any changes to these Terms do not continue to participate in tomorrowShopper. By registering and continuing to participate in tomorrowShopper, you are indicating your acceptance of the Terms (including any changes) and your willingness to be bound by them.

Membership Registration

1. To be able to register with tomorrowShopper, you must confirm that you agree to accept the tomorrowShopper terms and conditions shown here. You cannot register with tomorrowShopper or join its panel unless you confirm your acceptance of its terms and conditions by clicking on the check-box.

2. Entry is for a single user only.

3. You will be required to enter accurate contact details and to update your details in the event of any change.

4. You will be required to enter your Onecard number. In the event you are not a Onecard member and you subsequently become a Onecard member you are required to update your Onecard number into the site.

5. You will be requested to enter a password. You are responsible for maintaining the confidentiality of the password and your entry to the Site (refer also to Security Clause).

6. By registering for tomorrowShopper as a member, you confirm that you are an individual who is at least 18 years old.

7. The Terms of membership may change without notice.

8. Any changes to the Terms will be posted to the tomorrowShopper.co.nz site.

9. Your continued membership of the Panel shall constitute your acceptance to the Terms and any amended Terms. If you chose not to remain as a member, please opt out.

10. Entry is open to all residents of New Zealand.

11. The Organiser reserves the right to change the Terms at any time.

12. Upon registering to become a tomorrowShopper panel member, you agree that we can obtain and hold your registration details, all your survey responses, any other feedback you provide, your Onecard number and any Onecard transactional data.

13. Upon registering to become a tomorrowShopper panel member, you agree that we can combine your tomorrowShopper details with any Onecard transactional data we hold, and that we can use this information for analytical purposes.

Prizes

1. tomorrowShopper will conduct Surveys from time to time. The commencement dates and closing dates for these Surveys will be communicated to you in your Survey invitation emails.

2. At the end of each calendar month, tomorrowShopper will give away prizes to qualifying tomorrowShopper panel members, drawn at random by the Organiser.

3. To qualify for a prize draw, a tomorrowShopper member must have, within the calendar month of the prize draw: completed in full a tomorrowShopper survey; or had another individual successfully register with tomorrowShopper whom they nominated through tomorrowShopper; or have registered themselves with tomorrowShopper for the first time. And the member must be aged 18 or over, be resident in New Zealand, and have provided accurate and up to date contact details

4. The prize draws will occur monthly. Winners will be contacted by email and/or mobile phone following completion of the Survey. Winners may be required to show proof of identity (i.e. a driver's licence) and sign a declaration that they are the winner prior to being awarded a prize.

5. In the event of a dispute or need for clarification, the Organiser's decision is final and no correspondence will be entered into.

6. Prizes are not transferable or exchangeable and cannot be taken as cash.

7. In the event a prize is unclaimed after one month of notification to the winner, the winning entry becomes null & void, and the Organiser reserves the right to select another winner.

8. All entries become the property of the Organiser. Registration into the Panel deems consent to use prize winners names and photographs for promotional purposes, including names being published.

9. All prize winners must be in New Zealand to collect their prize.

Confidentiality

1. Registration into the Panel deems consent for any entry to be used by the Organiser and Provider for any purpose after the Survey has ended.

2. The Organiser and Provider have taken all reasonable steps to ensure the security of the tomorrowShopper.co.nz site and members' personal information. However, the Organiser and Provider cannot be held liable for unauthorized third party security breaches of the site or any unauthorized usage of member personal information.

3. The information provided on this site is supplied in good faith. While all care is taken to provide accurate and up to date information we recommend you also consult independent third party advice directly for more detailed information.

4. The Organiser and Provider bear no responsibility for reminders not being sent or access to the site being unavailable. However, in this unlikely event, all reasonable efforts will be taken to remedy any technical problems as soon as possible.

Privacy Policy

You acknowledge and agree that the personal information provided by you on Registration and participation in the Panel will be used by the Organiser and Provider and their respective associates, partners and agents.

You also agree that the personal information supplied by you may be retained by the Organiser and Provider and their respective associates, partners and agents to be used to provide you with information on events, products and services.

As stated in Direct Marketing Code of Practice you will be able to access and update your personal information in accordance with the Privacy Act 1993 (New Zealand) by revisiting the Registration Page of this Site. (Note: you must be logged in to edit your registration details).

Members may also request to be removed from the Panel or partner databases by revisiting the Opt out page. (Note: you must be logged in to the Site to edit your registration details).

For email correspondence, we will offer easy opt-out options. By visiting the Opt out page you can Opt out of email communications from the Organiser. (Note: you must be logged in to the Site to Opt out of communications).

In respect of you providing us with personal contact details of friends and family, we will only use the personal information you supply to contact them about the Site.

We may also collect non-personalised information on your Site visit. This information includes your internet service provider, the time and length of your visit, the pages you look at on our Sites, and the method by which you arrived at our site. We use this information only to measure Site activity and to develop ideas for improving our sites.

General Governing law and jurisdiction

These Terms are governed by and interpreted in accordance with the laws of New Zealand and you irrevocably agree that the courts of New Zealand will (save as expressed below) have exclusive jurisdiction to settle any dispute which may arise in connection with these Terms.

For our benefit, we retain the right to bring proceedings as to the substance of any matter in the courts of your country of residence or, where these Terms are entered into in the course of your business, the country of your principal place of business.

Third Party Websites

The Organiser and Provider make no warranties or representation about the accuracy or completeness of the content of this site or any site(s) linked to this site. The views, interpretation or statements expressed in any linked site(s) are not necessarily those of the Organiser or Provider.

Security

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Organiser of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Organiser and Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

We will not permit:

• any other person to register using your email, tomorrowShopper.co.nz name and password;

• any other person sharing your email, tomorrowShopper.co.nz name and password;

• any offensive words or word strings (we reserve the right to edit your details should we find any of your details offensive).

Intellectual Property and Copyright

The material contained in this site belongs to and remains the property of the Organiser and Provider. Do not use, disclose, reproduce, copy, distribute, modify (including reverse compiling), transmit, republish (including framing any part of this Site) or revise the contents of this Site without the prior written consent of the Organiser and Provider. Neither title nor intellectual property rights are transferred to you or any third party through the use of access to this Site. All rights, title and interest in and to all aspects of this Site remain the sole property of the Organiser and Provider.

Exclusion of Liability

The Organiser and Provider shall not be liable in contract, tort (including negligence) or otherwise for any direct or indirect, special, consequential or incidental damages or damages for loss of profits, loss of revenue, or loss of use, arising out of or in connection with the tomorrowShopper.co.nz website or its contents or any website accessed from the tomorrowShopper.co.nz. The Organiser and Provider is not liable for any loss, damage or injury by any person in connection with the site or participation in a Survey.

Termination

The Organiser and Provider reserves the right to terminate your membership to this site for any reason whatsoever without notice. Our General Terms of Access and Use and Exclusion of Liability will survive such cancellation.

Legal Effect

If any provision of this notice shall be unlawful, void or unenforceable for any reason, then that provision shall be deemed severable to the extent that it is unlawful, void or enforceable, but shall not affect the validity and enforceability of the remaining provisions.

Definitions

Member: Any person successfully entering their registration details on the Site and continuing to participate in the Panel.

Onecard number: The number recorded on your Onecard after application to Progressive Enterprises loyalty programme. Registration is available at www.onecardonline.co.nz.

Organiser: Affinity ID Limited, an incorporated company in New Zealand having its registered office at 25 College Hill, Ponsonby, Auckland.

Panel: A group of members registered to participate in Survey(s) and other communications.

Prize Winner: the member whose name is chosen at random from a list of members qualify for the prize draw.

Provider: Progressive Enterprises Limited an incorporated company in New Zealand having its registered office at 80 Favona Road, Mangere, Auckland.

Onecard purchase: means the data captured by the Provider through the use of your Onecard at a participating retail location.

Onecard market transactional data: means the actual item(s) of purchase under Onecard purchase.

tomorrowShopper: A Panel owned and operated and maintained by the Organiser and Provider.

tomorrowShopper.co.nz: A website owned, operated and maintained by the Organiser and Provider.

Site: The website available through www.tomorrowShopper.co.nz

Survey: means an online Survey produced by the Organiser for completion online by a member.

Survey invitation emails: means an email sent by the Organiser to a member asking the member to participate in a Survey.

Survey response: means the answers to the Survey provided by you.

We/Us: means the Organiser or Provider and their agents

You/Your: means a Member or any person entering the tomorrowShopper.co.nz Site.