Terms and Conditions – Online Auction for KFC Branded Surfboard
2. The Auction is operated by KFC New Zealand, a division of Restaurant Brands New Zealand Limited. Any reference to “KFC”, “we”, “our” or “us” in these Terms is a reference Restaurant Brands New Zealand Limited.
3. The Auction is open to New Zealand residents aged 18 and over, who are located in New Zealand at the time of the Auction.
4. The auctioned item is one (1) KFC-branded surfboard (Surfboard).
5. The Auction will open at 8:00am NZT Monday 20th February 2023 and close at 9:00pm NZT Sunday 26th February 2023 (Auction Period). Bids cannot be placed outside the Auction Period.
6. To participate in the Auction, during the Auction Period:
7. The Winning Bid will be the bid with the highest value at the close of the Auction Period, and which meets these Terms (Winning Bid). The person responsible for submitting the Winning Bid (Purchaser) will receive the Surfboard, in accordance with these Terms. The Purchaser will be the registered owner of the account used to submit the Winning Bid.
Price and Payment
8. The final price of the Surfboard will be the value of the Winning Bid (incl. GST) PLUS delivery costs (if applicable – see clause 12 below) (Price).
9. At the conclusion of the Auction Period, KFC will provide the Purchaser details of how the Price must be paid. The Purchaser will have 24 hours to pay the Price in accordance with KFC’s instructions. A 3% surcharge may apply to credit card payments, depending on Purchaser’s credit card vendor.
10. If payment is not received within 24 hours in accordance with clause 9, the Winning Bid will be considered abandoned, with no right to compensation, and the bid with the next highest value that meets these Terms will be considered the new purchaser.
Delivery or Collection
11. The Purchaser may choose:
12. If the Purchaser chooses to have the Surfboard delivered:
13. If the Purchaser chooses to collect the Surfboard, the Purchaser must collect the Surfboard from Culture, 22 Stanley St. Parnell, Auckland 1010 within 7 working days of paying the Price. The Purchaser must arrange and agree a collection time with KFC in advance.
14. Failure by KFC to enforce any of its rights at any stage does not constitute a waiver of those rights.
14.1 Except for any liability that cannot be excluded by law, KFC (including its officers, directors, shareholders, employees, advisors, assignees, agents, licensees, representatives, advertising and promotional agencies), 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 Auction, including, but not limited to, where attributable to any of the following:
15. In the event that the auction is not able to proceed as anticipated for any reason outside of KFC’s control, KFC may withdraw the auction at any time prior to the end of the Auction Period. If the Surfboard becomes unavailable for any reason outside KFC’s control after the end of the Auction Period, KFC will offer a refund to the Purchaser.
16. As a condition of participating in the Auction, the Purchaser indemnifies all organisers, sponsors and all other persons and organisations associated in any way with this Auction against all claims, damages, liabilities, costs and expenses (including costs on a solicitor-client basis) which KFC and its affiliates may incur arising out of their participation in the Auction, any breach of these terms and conditions, or any wrongful or illegal act or omission, howsoever caused.
18. All profits from theThe KFC for Good Foundation supports the following partners: Surf Life Saving New Zealand and Clearhead. For information please visit our about KFC for Good Foundation website.
19. The KFC for Good Foundation is a sub-fund of The Gift Trust registered charity: CC40774