My Challenge Programme (Programme)
Please read the following Terms carefully. These Terms apply to the Programme offered by Dealer Co (NZ) Limited (trading as Challenge) (Challenge). The Terms may be amended by Challenge from time to time by updating the Terms on Challenge's website. Your continued participation in the Programme means you accept any amendments to the Terms.
1.1 In these Terms, unless the context otherwise requires:
Card means a card issued for the purposes of the Programme or other form of identifier used in the Programme as determined by Challenge in its sole discretion.
Goody means Goody Limited.
My Challenge Partner means the community organisation or organisations nominated by a Participating Challenge Retailer as eligible to receive donations (by way of Rewards and/or fuel discounts) from Participants in accordance with the Programme.
Participant means you.
Participating Challenge Retailer means any Challenge service station in New Zealand that is participating in the Programme as notified by Challenge from time to time.
Points mean points collected from Qualifying Purchases that can be applied towards redeeming a Reward.
Promotional Material means any additional information relating to the Programme provided by Challenge from time to time.
Rewards mean the then current collection of rewards made available under the Programme as determined by Challenge from time to time in its sole discretion, including any vouchers from time to time available for store purchases at any Participating Challenge Retailer in accordance with clause 5.3 or monetary donations (of fixed dollar amounts) to a specified My Challenge Partner under clause 5.4, and Reward means any one of those rewards.
Qualifying Purchase means the purchase of goods or services (as determined by Challenge, from time to time, in its sole discretion) from a Participating Challenge Retailer site, excluding tobacco products, Lotto tickets, scratchies and any other items sold at the Lotto counter in any Participating Challenge Retailer, and any other product determined by Challenge in its sole discretion.
2. The Programme
2.1 Participants will be issued a Card in order to participate in the Programme. Participants may begin collecting Points immediately upon receipt of the Card. In order to redeem Rewards, Participants must register in store or online at https://member.goodycard.co.nz/account/register.
2.2 Goody is the software technology provider to the Programme. In order to participate in the Programme you must become a registered Goody Member. By becoming a registered Goody Member, you also accept Goody's Members Terms and Conditions (available online at https://goodycard.co.nz/terms-and-conditions).
3. Conditions of Participation
3.1 Participants agree to be bound by these Terms and any other requirements set out in the Promotional Material relating to the Programme. In the event of any conflict between these Terms and the Promotional Material, these Terms shall prevail.
3.2 Only individuals may participate in the Programme.
3.3 The Programme is only available at Participating Challenge Retailers.
3.4 Points are non-transferrable, and will not be awarded for purchases made using fuel cards, including without limitation Challenge gift cards, Farmlands cards, Farmlands Fuel cards, MTA vouchers, Caltex Star Card, Cardlink, Rockgas Cards, or supermarket dockets.
3.5 By participating in the Programme, Participants give Challenge permission to contact them about current promotions (without limitation, including any material in relation to the Programme). These promotions may be subject to additional terms and conditions (where applicable).
3.6 Participants agree not to breach any law in participating in the Programme.
4. Points and My Challenge Partner Donations
4.1 Points will be collected for Qualifying Purchases and recorded by Challenge in its system. Participants can check their Points balance at any time by logging in to their My Challenge account. Challenge may (at its discretion) also advise any Participants that have subscribed for marketing of their current Points balance from time to time via the monthly programme update to the relevant Participant or any other marketing material that Challenge considers appropriate from time to time. Challenge makes no representations or warranties as to the storing of Participants' Points, and is not obligated to provide any information in relation to the Points to Participants.
4.2 Challenge reserves the right to determine the number of Points that will be awarded for any Qualifying Purchase without notice.
4.3 Points collected by a Participant will remain valid for 1 year from the date the relevant Points were awarded. Any expired Points will be removed from the Participant's account.
4.4 Challenge reserves the right to deduct any Points that:
(a) are recorded in error;
(b) it suspects to be fraudulently recorded or obtained; or
(c) are rewarded in relation to a transaction which was cancelled, voided, refunded or reversed, as determined by Challenge in its sole discretion.
5.1 A Participant who has accumulated sufficient Points may use their Points to redeem a Reward.
5.2 The number of Points required for the redemption of a Reward claimed by a Participant will be deducted from the Participant's account, with the oldest Points being deducted first. Each Participating Challenge Retailer will have a list of Rewards available to be redeemed at their store together with the number of Points required to redeem each of those Rewards. That list may be updated at any time by Challenge without prior notice to Participants and may vary between different Participating Challenge Retailer sites. The number of Points that will be deducted on redemption of a Reward will be the number set out in the current list held by the relevant Participating Challenge Retailer at the time of redemption.
5.3 Points cannot be used for, or towards, the purchase of tobacco products, Lotto tickets, scratchies or any other items sold at the Lotto counter in any Participating Challenge Retailer and cannot be exchanged for cash. At the times determined by Challenge in its sole discretion, Challenge may offer as a Reward a voucher for store purchases up to a specified amount at the relevant Participating Challenge Retailer. To avoid doubt, such vouchers cannot be used for the purchase of any item set out in this clause.
5.4 At the times determined by Challenge in its sole discretion, Challenge may offer as a Reward at Participating Challenge Retailer stores a voucher for monetary donations (of fixed dollar amounts) to specified My Challenge Partners supported by that Participating Challenge Retailer. Participants may elect to donate specified amounts to a specified My Challenge Partner by using the required number of the Participant's Points to redeem a voucher for a donation of the specified amount to the specified My Challenge Partner at any relevant Participating Challenge Retailer store that supports the My Challenge Partner.
4.6 Challenge will keep a record of all donations made to each My Challenge Partner, and will pay the total amount of donations made to each My Challenge Partner on a six-monthly basis. Challenge makes no representations and provides no warranties as to how My Challenge Partners use any amounts they are donated.
6. Fuel Discounts and My Challenge Partner Donations
6.1 As a part of the Programme, Participants are entitled to fuel discounts as set by Challenge from time to time in its sole discretion. Challenge may set maximum and minimum thresholds for fuel spends for which any fuel discounts may be applied to (in its sole discretion) and amend such thresholds from time to time without notice and these may differ in relation to the different types of Cards.
6.2 Any fuel discount offered under the Programme cannot be used in conjunction with any other fuel discount voucher or arrangement.
6.3 At the times determined by Challenge in its sole discretion, Participants may elect to donate the total monetary amount of fuel discounts offered under the Programme in any fuel purchase at a Participating Challenge Retailer to one or more of the Participating Challenge Retailer's My Challenge Partners. If a Participant elects to donate its fuel discount under this clause, the total amount of the fuel discount will be split equally amongst all My Challenge Partners supported by the relevant Participating Challenge Retailer unless the relevant Participant has registered to support a specific My Challenge Partner and that specific My Challenge Partner is supported by the relevant Participating Challenge Retailer (in which case the full amount of the donation will go to that specific My Challenge Partner only). For the avoidance of doubt any fuel discount donated to My Challenge Partners will not be able to be used by Participants.
6.4 Challenge makes no representations or provides no warranties as to how My Challenge Partners use any fuel discounts they are donated.
7. Use of Personal Information
7.1 Participants grant Challenge the right to collect personal information for the purposes of marketing communications and conducting the Promotion, and may disclose such personal information to third parties. Participation in the Programme is conditional on providing this personal information.
8.1 Any dispute relating to the Programme shall be referred directly to Challenge for a decision. Challenge's decision shall be final and binding.
9.1 Challenge reserves the right to suspend or terminate the Programme or a Participant's account at any time without prior notice.
9.2 Challenge will not 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 participation in this Programme or the suspension or termination of this Programme.
9.3 To the maximum extent permitted by law, all representations and warranties, whether or implied and whether arising under any legislation or otherwise, as to the condition, suitability, quality, fitness or safety of any goods or services supplied in relation to the Programme are expressly excluded.
9.4 Failure by Challenge to enforce any of its rights at any stage does not waive those rights.
9.5 Challenge's decisions in connection with all aspects of the Programme are final.