Terms & Conditions

The Val Morgan Cinema Advertising website www.valmorgan.co.nz (“the Web Site”) is owned and operated by Val Morgan Cinema Advertising (NZ) Ltd NZBN 9429039132888 (“VAL MORGAN”).

1. Terms

Your access to the Web Site is conditional upon your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in this disclaimer notice and anywhere else in the Web Site (“the Terms”). Your access to the Web Site constitutes your agreement to the Terms. VAL MORGAN reserves the right to change the Terms at any time.

2. Disclaimer

VAL MORGAN makes no representations about the content and suitability for any purpose of the information contained in the Web Site. It is provided “as is” without express or implied warranty of any kind. VAL MORGAN disclaims (to the full extent allowable by law), all warranties with regard to this information. VAL MORGAN shall not be liable for any damages whatsoever including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with your access to the Web Site or the use or performance of information contained in it.

Neither VAL MORGAN nor any of its employees, agents or third party content providers or licensors warrants that the Web Site will be uninterrupted or error-free.

3. Indemnity

VAL MORGAN accepts no responsibility for your actions if you act contrary to any of these Terms, and you agree by accessing the Web Site to indemnify and hold harmless VAL MORGAN and its related bodies corporate and its and their employees, officers, agents and contractors from and against all actions, proceedings, suits, claims and demands brought or made against VAL MORGAN by any person arising from or in consequence of such an action, and from and against any damage, loss, cost or expense suffered or incurred by VAL MORGAN as a direct or indirect consequence thereof.

4. Copyright

All information, text, images, graphics, software and advertisements contained in the Web Site are protected by International and Australian Copyright Law, and all rights are reserved. All material on the site is presented for your information only, and you are not permitted to copy, download or utilise material in any way except where reasonably necessary to access the Web Site and on the following conditions:

a) You may retrieve, review or download the material for your personal information and entertainment only.

b) You may save a local copy of or print material from it for your own personal information or entertainment, and to inform others about it, but you may not charge any fee for its use. All commercial exploitation of Web Site material is expressly prohibited.

c) Any copyright notice or mark appearing on any material on the Web Site must be included on any copy you make.

d) You must keep all material intact and in the same form as presented on the Web Site; you may not modify it without the express permission of VAL MORGAN.

e) You must not use the Web Site or any of the material contained in it for any purpose which is unlawful, prohibited under these Terms, or which violates any right of VAL MORGAN or any other owner of any rights in the material contained in the Web Site.

5. Trade mark

The VAL MORGAN logo is a registered trade mark of Val Morgan Cinema Advertising (NZ) Ltd and it may not be used without the prior specific and written permission of VAL MORGAN. No other trade mark appearing in the Web Site may be used without the prior specific and written permission of the trade mark owner.

6. Comments box and other interactive facilities

Your use of or participation in any interactive facility associated with the Web Site constitutes your agreement that you will not, while doing so:

a) Post or transmit any illegal, threatening, abusive, defamatory, obscene, pornographic or indecent information or material of any kind, or any material in contempt of any court or parliament, or encourage any other person to do so.

b) Post or transmit any material which itself, or in a manner which, violates or infringes upon the rights of any other person, including privacy, performance, moral or copyrights unless you have first obtained the express permission of the relevant right holder.

c) Knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus.

d) Attempt to exploit the activity for your own commercial purposes or the commercial purposes of any other person, or actually do so (including the posting or transmission of advertising or promotional material), except for legitimate e-commerce functions to be performed by registered users.

e) Delete or alter or attempt to delete or alter attributions, legal notices, trade marks or copyright marks on any material contained in the Web Site or posted or transmitted on any interactive facility.

f) Download or post any material, which you know or ought to know cannot be legally distributed. VAL MORGAN reserves the right to refuse access to any person or edit or delete material posted by any person for any reason without notice.

Notwithstanding its right to supervise or actual supervision of interactivity, VAL MORGAN has no obligation whatsoever to monitor interactivity or supervise interactivity in any way and accepts no responsibility for any contents therein including, but not limited to, responsibility for any defamatory material.

By participating in any interactivity on the Web Site, you grant to VAL MORGAN a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, sell, adapt, transmit, publish and/or broadcast, publicly perform and display any information or material placed by you on the Web Site. Your licence will be by reference to the material placed by you on the Web Site.

You expressly waive in favour of VAL MORGAN and any other party authorised by VAL MORGAN all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire.

At the request and expense of VAL MORGAN you will execute and deliver to VAL MORGAN such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

7. Hotlinks

The Web Site may contain hyperlinks to Internet web sites operated by third parties. VAL MORGAN is not responsible for the content of any linked web site or any hyperlink contained in the linked web site. The inclusion of any link does not imply any endorsement of the linked web site by VAL MORGAN. Any link within the Web Site, which takes you to a third-party web site should only be clicked on entirely at your own risk. VAL MORGAN does not endorse or in any way adopt representations made by advertisers on the Web Site or any linked web site, nor are any offers made by such advertisers or web site operators also made by VAL MORGAN.

8. Governing Law

This agreement between you and VAL MORGAN will be governed by the Laws of New South Wales, Australia. If any provision of this agreement is found to be invalid or unenforceable by a Court of Law, it shall be severed and will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted are reserved.

9. Privacy Policy

You acknowledge that non-personal information and data may be automatically collected through the standard operation of VAL MORGAN’s Internet servers or through the use of cookies. If you do not want information collected through the use of cookies, you should use your browser’s cookie disabling feature. You should note, however, that if cookies are disabled certain features may not be available. The use of cookies on the Web Site enables us to deliver and maintain customised options when you make return visits to the Web Site.

Personally identifying information may also be gathered by VAL MORGAN from contest registration, content submissions, community postings, suggestions, voting activities, comments boxes, e-commerce and transactional areas.

Any personally identifying information collected by us will not be sold or otherwise transferred to third parties not affiliated with VAL MORGAN without the approval of the person from whom the information is obtained.

By providing your personally identifying information to VAL MORGAN you agree that it may be used for any of the following purposes:

a) Communicate with you and keep you informed of contests, upcoming activities and events by any means including email, post and telephone.
b) Deliver to you VAL MORGAN services and to facilitate any e-commerce transactions.

c) Perform statistical analysis of user activity and characteristics in order to measure interest in and use of the various areas in the Web Site.

d) Inform others, including our clients, of any statistical data, as well as the number of users who have been exposed to or have clicked on any particular areas in the Web Site.

e) Publish via email newsletter or on the Web Site your name if you are a winner in any of our competitions.

VAL MORGAN reserves the right to change its privacy policy at any time and for any reason, and you should check this Web Site from time to time to ascertain the current policy.

This policy is not intended to and does not create any contractual or other legal relationship or obligation by or with VAL MORGAN.

10. Competition Terms and Conditions

1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. Promotion commences Friday 3rd February and final entries close Sunday 12th February 2023 at 5pm AEDT (“Promotional Period”).

3. Entry:

a) Entry is only open to authorised representatives (“Eligible Entrant”) of businesses operating in Australia (“Eligible Business”). For the sake of clarity, more than one (1) Eligible Entrant may enter from an Eligible Business. 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.

b) To enter, an Eligible Entrant must, during the Promotional Period, visit www.valmorgan.com.au, follow the prompts to become a member of the Val Morgan website and receive Val Morgan newsletters.

4. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s place of employment) and reserves the right, in its sole discretion, to disqualify any Eligible Entrant who the Promoter has reason to believe has breached 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.

5. Incomplete, indecipherable or illegible entries will be deemed invalid.

6. Only one (1) entry permitted per Eligible Entrant.

7. For a competition that is a game of skill, in the event that there should be more than three (3) entrants who have answered all questions correctly, then there will be a draw for the winner

8. The draw will take place at Val Morgan Cinema Advertising (NZ) Ltd on 13/02/23 at 12pm AEDT. The winners will be notified in the Popcorn Newsletter in the week following. The Promoter’s decision is final in relation to all aspects of this promotion and no correspondence will be entered into.

Competition terms & conditions

Competiton – Valmorgantine’s Day

1. Information on how to enter and the prize(s) forms part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. The Promoter of the ‘Valmorgantine’s Day’ competition is Val Morgan, owned by The HOYTS Group.

3. Employees (and their immediate families) of the Promoter, Val Morgan, 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

4. Promotion commences on 1/2/23 and final entries close on 12/2/23 (“Promotional Period”).

5. To enter, an Eligible Entrant must, during the Promotional Period:

1. complete entrant details on https://www.valmorgan.co.nz/popcorn-competition; and

2. answer the questions: What is your favourite romantic movie and why?*

3. Be a subscriber, or at the time, subscribe to the Val Morgan Popcorn Newsletter.

6. Limit on entries:

Only one (1) entry is per permitted per person.

7. 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.

8. Incomplete or indecipherable entries will be deemed invalid.

9. 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.

10. This is a game of skill. The winners will be determined by the Promoter based on the most accurate answer to the question What is your favourite romantic movie and why?. There is no element of chance in the judging of the of the ‘Valmorgantine’s Day’ competition or determination of the winners. The Promoter’s decision is final and no correspondence will be entered into.

11. Five (5) prize winners will win 2 HOYTS LUX or Gold Class tickets.

12. If a/the winner of a/the prize is under the age of 18 years, the prize will be awarded to the winner’s media agency on the winner’s behalf.

13. If for any reason a/the winner does not take a/the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited

14. If the/any prize (or part of the/any 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, subject to any written directions from a regulatory authority.

15.Total prize pool value is $500. The prize/Prizes, or any unused portion of a/the prize, are/is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. Any unclaimed prizes will be forfeited.

16. 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 this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

17. If this 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 (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

18. 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 Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, 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.

19. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (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 prize value to that stated in these Terms and Conditions;  or (e) any tax liability incurred by a winner or entrant

20. As a condition of accepting the prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

21. The Promoter collects personal information (“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, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://www.valmorgan.co.nz/privacy-policy/.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. 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 Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).

22. The draw will take place on 13/1/2023 at 10am AEST. The winners will be notified by email during the week following the draw. The Promoter’s decision is final in relation to all aspects of this promotion and no correspondence will be entered into.

22. The Promoter is Val Morgan Cinema Advertising (NZ) Ltd  (NZBN 9429039132888) of THE HOYTS CORPORATION PTY. LIMITED (ABN 31 006 082 551).