Terms and Conditions

Introduction

These terms and conditions (this “Agreement”) governs the relationship between Burger King, a division of Burger King New Zealand Trading Limited (“Burger King”, “we”, “our” or “us”) and you (“Member”, “you” or “your”), concerning any surveys and polls that are made available to you by us or on our behalf (each a “Survey”), via our Website.

Survey refers to the gathering of feedback from Members relating to Burger King and to understanding how consumers feel and behave, or the market in general, which may consist of answering questionnaires, survey forms, or other forms of providing feedback to Burger King.

Such Surveys shall be conducted by One Picture through an online interface located at www.bkneighbourhood.co.nz

 

1. Definitions

Confidential Information means all information, whether or not it is marked as confidential, that is disclosed or made available to a Member, directly or indirectly, through any means of communication or observation and includes (a) information about Burger King and its products that is not known to the general public and includes information in any medium (whether oral, written, stored electronically or digitally) provided in connection with the Project; and (b) Responses provided in connection with the Project;

Join Now Survey means the application email and record of personal details submitted by a person applying to be a Member;

Member means a person who has been accepted for membership of the Project;

Membership means a Member's membership of the Project;

Membership Terms includes this document and all documents incorporated by reference;

New Zealand Consumer Law means all laws and regulations made under the Fair Trading Act 1986 and Consumer Guarantees Act 1993

One Picture means One Picture Group Ltd (Company Registration Number: 1157373), a market research company engaged by Burger King to conduct the Surveys

Project means the project name established by One Picture to survey the opinions of customers and/or Members for market research purposes;

Responses means all content provided by a Member for the purposes of the Project, and includes any statement, document, email, form or notes created in connection with the Project; and all audio, audio visual or photographic recording of images, words, names, information, gestures, sounds or statements of Members recorded in connection with the Project;

Burger King Related Parties means the Burger King group of companies, promotional partners, servants, employees, contractors and agents of Burger King.

Website means the Project website located at www.bkneighbourhood.co.nz

 

2. Responding to Surveys

  • Burger King, via One Picture shall make Surveys available to Members via the Website. Members will be invited to complete the Survey and may, at the discretion of Burger King, receive an incentive in exchange for completing the Survey fully and in accordance with the requirements of the Survey and this Agreement (an “Incentive”). Incentives may include entry to a prize draw, a direct financial incentive or some other incentive which Burger King deems appropriate. Any financial Incentives shall be paid by us to you via such method as we permit within a reasonable period of time after the completion of the relevant Survey (or, if different, at the time we specify for the relevant Incentive); you agree to provide to us upon request with details that will allow us to make any relevant payment or such other method as we permit.

  • We process information about you in accordance with our Privacy Policy. You agree to ensure that all data or information you provide to us shall be accurate and complete.

  • Burger King reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, a Survey or the Website or any part thereof, or your access to any of them, including where an Incentive has been offered.

  • Where the you breach any provision of this Agreement, Burger King may declare any accumulated or offered Incentives due to you as null and void and prevent you from receiving them.

  • You acknowledge and agree that Burger King is not obliged to maintain the availability of the Website or Surveys. Burger King will use reasonable endeavours to process your completed Surveys but may be prevented from doing so by matters beyond its control that may result in the loss or deletion of, or failure to receive, process, or store any Member Responses (including Survey or poll results or responses).

 

3. Membership

  • To become and to remain a Member, you must:

    • be aged 14 years or over and, if you are under 18 years of age, you must have parent or legal guardian consent;

    • live and be a resident in New Zealand;

    • apply to become a Member by completing and submitting to One Picture the Join Now Survey;

    • have an active, permanent and operational email address to communicate with One Picture for the purposes of the Project;

    • be accepted as a Member by One Picture;

    • provide at least one response each calendar month (as relevant);

    • regularly participate in any surveys or discussions in which you are invited to take part, not including the Join Now Survey; and

    • comply with these Membership Terms.

  • Membership numbers are limited. One Picture may accept or reject a Membership application in its absolute discretion at any time and without giving reasons. Membership is personal to you and cannot be transferred to another person. You may not share logins and passwords with others. Sharing login information is in violation of this Agreement and may result in immediate account termination.

  • You may cancel your Membership by sending an email to admin@bkneighbourhood.co.nz and inserting the words "Request Removal" in the subject line.

  • By becoming a Member, you consent to receiving emails from Burger King, Burger King’s Related Parties and One Picture in connection with the Project, including emails inviting you to participate in research.

  • Burger King and One Picture may provide you with Confidential Information. You agree not to disclose or use any of the Confidential Information in any way other than as necessary to participate in the Project. You may only disclose Responses for the purposes of the Project.

  • Burger King and One Picture may, at their discretion, provide you with Burger King’s products as part of your participation in the Project. You agree that your participation in the Project is voluntary and that, other than an opportunity to participate in Project-related promotions run by One Picture, you will not receive remuneration or reward from Burger King or One Picture for your participation in the Project.

  • You will provide current, complete, accurate information in the registration section of the Site. You will further update and keep that information current as needed. You must not make any false, misleading or fraudulent statement or become involved in any conduct or activity which may cause loss, damage or diminish the reputation of you, Burger King or its products.

 

4. Termination

  • One Picture may, at its absolute discretion, suspend or terminate with immediate effect: (a) all or any part of the Project; or (b) your Membership, immediately by giving you notice for any reason (including if you breach the ongoing requirements of these Membership Terms).

 

5. Project Promotions

  • You may choose to enter any Project-related promotional game of skill or chance offered to you as a Member. If you enter into such promotions you will be subject to promotional terms and conditions. Promotional terms and conditions that apply to you will form part of these Membership Terms. If you breach any promotional terms or conditions, you will be deemed to have breached these Membership Terms.

 

6. Liability

  • We are not obliged to provide you with Surveys to participate in or contribute to, and we have the absolute right to exclude you from participation in any Survey.

  • Except for the statutory guarantees set out in the New Zealand Consumer Law, Burger King and One Picture exclude all warranties and disclaim all representations in relation to any goods or services provided to you by Burger King or One Picture in connection with the Project. The information provided in connection with the Project including on the Website may include occasional and inadvertent errors and is provided "as is" and "as available".

  • Burger King will not be liable for any loss, damage or injury suffered or sustained (even if caused by Burger King or One Picture’s negligence) as a result of any person becoming a Member or participating in the Project, except for any liability which cannot be excluded by law. You should independently assess the information and products provided to you during the Project and if necessary, you should consult with a professionally qualified dietician or other professionally qualified health practitioner on all specific situations, conditions, and dietary matters of concern to you.

 

7. Your Privacy and Responses

  • We agree not to use any of your Confidential Information for any purpose except to operate the Website and for the purposes stated in this Agreement. Your information and Responses may be disclosed to our employees and One Picture who are bound by confidentiality obligations in order to assist in improving Burger King’s products and services and to contact you in the future with information about Burger King, including special offers, marketing research or to provide you with marketing materials via any medium including telephone and commercial electronic messages. Nothing in this Agreement limits our right to independently develop, acquire or market products, ideas, or businesses, without use of your Confidential Information.

  • Any Confidential Information provided to you, whether directly or to which access is gained, during or as a result of the Surveys shall be kept confidential by you. You shall not engage in the dissemination or publication of any such confidential information as this might be detrimental to Burger King’s goodwill. You shall not use the confidential facts and information to your advantage or to the advantage of third parties.

  • You acknowledge that Burger King may need to gather and process the following personal data from you in order for you to take part in any Research: first name, surname, email address. Your personal data will only be processed for the purposes of carrying out the market research, sending of messages by Burger King concerning the research and if you are entitled to an Incentive, to deliver the Incentive to you. The personal data you provide to Burger King will be processed in accordance with the Burger King Privacy Policy. 

  • You can gain access to, update or correct any personal information by using the portal or by contacting admin@bkneighbourhood.co.nz. Burger King also refers you to this Privacy Policy located here, for more information about the handling of personal information. However, these Membership Terms will prevail to the extent of any inconsistency between the Burger King Privacy Policy and the Membership Terms.

  • Burger King will not publicly disclose the identity of Members.

  • Burger King and One Picture may use your Responses for purposes connected with conducting the Project and for any reasonable research and commercial purposes.

 

8. Intellectual Property

  • By participating in the Project, you acknowledge that all Responses are freely given and provided at your sole discretion. You assign to Burger King absolutely all rights, title and interest in your Reponses upon creation and you consent to Burger King, the Burger King Related Parties and each of its successors and assigns, and anyone authorised by any of them, modifying, changing, copying, publishing, adding to, taking from, adapting and/or translating, in any manner or context, or to otherwise dispose of the Responses notwithstanding that such conduct may otherwise infringe moral rights (or similar) laws in any territory or jurisdiction, and, to the extent lawfully possible in a jurisdiction, you waive all moral rights.

  • You will provide Burger King and Burger King’s Related Parties with any consent or other permission that Burger King requires to use your Response as set out in these Membership Terms. For the avoidance of doubt, Burger King is not required to pay any fee to use any Responses, no matter how that Response is used.

 

9. Website

  • Burger King owns or licenses all copyright and other intellectual property rights in and on the Website (including all layouts, applets, text and graphic images in this site). You may access and display the Website's pages on a computer or a monitor, and print out for your personal use any whole page or pages in the Website. All other use, copying or reproduction of any part of the Website is prohibited (save to the extent permitted by law). You must not reproduce on any other internet site, nor redistribute or sell any content or part of the Website nor reverse engineer, disassemble, or otherwise convert it to any other form that people can use. You must not link the Website to another Website in any way.

  • You agree that any "Project" and "Burger King" logos are trademarks of Burger King or Burger King's Related Parties. All rights in those trademarks are reserved by Burger King and Burger King's Related Parties. Any other trademark appearing on the Website is the property of its respective owner.

 

10. General

  • These Membership Terms may be changed or varied at any time without notice and with immediate effect by One Picture in its absolute discretion.

  • Burger King may use an agent or contractor to carry out all or part of the Project in its absolute discretion.

  • These Membership Terms are governed by the laws of New Zealand.

  • You are not, by virtue of your participation in the Project, an employee or contractor of Burger King or Burger King’s Related Parties. The relationship between you and Burger King is that you are a voluntary participant in the Project and that you will comply with these Terms of Membership.

 

Last updated: 19th of November 2021