Corrale Survey – Terms and Conditions

Terms & Conditions

Information on how to participate forms part of these Terms and Conditions. Participation is deemed acceptance of these Terms and Conditions.
This program is conducted by Dyson New Zealand Limited. NZBN 9429046546050.
Participation in the program is only open to New Zealand residents aged 18 years and over. Employees (and their immediate families) of Dyson and Dyson competitors are ineligible to apply. In these Terms and Conditions, a “Dyson competitor” is any company that sells or manufactures products in the same industry or product categories as Dyson.
Applications open on 15.01.2021 and end 11.59pm NZST on 26.01.2021 (“Application Period”). To apply, individuals must visit https://discoverdyson.co.nz/corrale/ and complete the application form and/or be opted in to receive Dyson email communications during the Application Period.
Dyson reserves the right, at any time, to verify the validity of applications and participants (including a participant’s identity and age) and reserves the right, in its sole discretion, to disqualify any individual who Dyson has reason to believe has breached any of these Terms and Conditions, tampered with the application process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the program. Errors and omissions may be accepted at Dyson’s discretion. Failure by Dyson to enforce any of its rights at any stage does not constitute a waiver of those rights. Dyson’s legal rights to recover damages or other compensation from such an offender are reserved.
Incomplete, indecipherable or illegible applications will be deemed invalid.
Only one (1) application permitted per person.
Dyson will review all applications for suitability for participation in beta trial programs via a survey to all those that have completed the application during the application period and/or to those that are opted in to receive email communications from Dyson (“Trial”).
Dyson will then select the participants required to take part in the Trial. Dyson’s decision is final and no correspondence will be entered into.
Each selected participant will be provided with a Dyson product. The exact product will be determined by Dyson in its absolute discretion.
Each selected participant agrees to participate in the Trial in consideration of receipt of the Dyson product. During the Trial Period, participants must use the Dyson product in accordance with its instruction manual in an ordinary domestic manner.
At the conclusion of the Trial Period, participants must then submit a review of the product to Dyson. Participants must include in their review any specific wording provided by Dyson to ensure it is clear that their review has resulted from participation in the Trial. Participants warrant that they will respond honestly in relation to the products they test, and any review provided will be a true reflection of the participant’s opinion. For the avoidance of doubt, reviews can be positive or negative, and this will not impact a participant’s ability to remain part of the program or keep the product.
Participants agree that they are fully responsible for any materials they submit via the program including but not limited to comments, recordings and images (“Content”). Dyson shall not be liable in any way for such Content to the full extent permitted by law. Dyson may remove or decline to publish any Content if the Participant is in breach of the warranties set out in this clause. Participants warrant and agree that:
a. they will not submit any Content that is unlawful or fraudulent, or that Dyson 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 15, or otherwise unsuitable for publication;
b. their Content shall not contain viruses or cause injury or harm to any person or entity;
c. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
d. the Content is the original work of the participant that does not infringe the rights of any third party;
e. they consent to any use of the Content which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
f. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, misleading or deceptive conduct, privacy, publicity and the access or use of others’ computer or communication systems.
Without limiting any other terms herein, participants agree to indemnify Dyson for any breach of the above clauses 12 and 13.
As a condition of participating in this program, each participant licenses and grants Dyson, 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 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.
If this program 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 Dyson, including but not limited to technical difficulties, unauthorised intervention or fraud, Dyson reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any participant; or (b) to modify, suspend, terminate or cancel the program, as appropriate.
Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the New Zealand Consumer Guarantees Act 1993, as well as any other implied warranties under similar consumer protection laws in New Zealand (“Non-Excludable Guarantees”).
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Dyson (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 Dyson’s control); (b) any theft, unauthorised access or third party interference; (c) any application that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Dyson) due to any reason beyond the reasonable control of Dyson; (d) any tax liability incurred by a participant; or (f) use of any Dyson product.
Dyson collects personal information (“PI”) from both applicants and participants in order to conduct the program and will collect, use, share, transfer and otherwise handle this PI in accordance with its Privacy Policy, which can be viewed at http://privacy.dyson.com/. If Dyson does not collect the mandatory information (including PI) requested from an applicant in the application form, then the applicant will not be able to participate in the program. The Privacy Policy contains information about the Dyson Privacy Principles, what PI Dyson collects, how Dyson uses this PI (including any marketing purposes), what PI Dyson shares with third parties, how long Dyson retains PI, how participants may access, update or correct their PI, how participants may complain about a breach of the Dyson Privacy Principles or Australian law (or any other applicable law) and how those complaints will be dealt with. Dyson may share PI outside of Australia in connection with the purposes described above and in the Privacy Policy. Some of the recipients of this PI may be located in the United States of America or the United Kingdom.