KiwiGiftCard Terms and Conditions

Last updated: 14 September 2026

1. About KiwiGiftCard

These Terms and Conditions apply to competitions, prize promotions, surveys, offers and associated activities operated through KiwiGiftCard.co.nz.

KiwiGiftCard operates as a consumer promotion, marketing, co-registration and lead-generation business.

Each Promotion may also have a Promotion Schedule containing specific information including:

• opening date;
• closing date;
• eligibility;
• prizes;
• total prize value;
• draw date;
• winner-selection method; and
• other Promotion-specific conditions.

These Terms and the applicable Promotion Schedule together form the rules of the Promotion.

2. Promoter

KiwiGiftCard is operated jointly by:

AGC Promotions Pty Ltd ABN 96 617 236 898

and

EMBR Group Pty Ltd ABN 27 417 837 587

Together referred to as:

“KiwiGiftCard”, “the Promoter”, “we”, “us” or “our”.

The companies jointly operate the KiwiGiftCard business and may jointly or individually undertake administration, marketing, technology and commercial functions associated with KiwiGiftCard.

3. Acceptance

By entering a Promotion, you agree to:

• these Terms;
• the applicable Promotion Schedule;
• the KiwiGiftCard Privacy Policy; and
• any additional conditions clearly disclosed on the relevant entry page before you submit your entry.

4. Eligibility

Unless otherwise specified, KiwiGiftCard Promotions are open to:

New Zealand residents aged 18 years or over.

An entrant may be disqualified if they:

• provide false or misleading information;
• enter using a false identity;
• submit fraudulent entries;
• attempt to manipulate a Promotion;
• use prohibited automated entry systems;
• breach these Terms; or
• are otherwise legally ineligible.

We may request reasonable evidence of:

• identity;
• age;
• New Zealand residency; or
• compliance with other eligibility criteria.

5. Free entry

Unless a Promotion Schedule expressly states otherwise:

No purchase or monetary payment is required to enter a KiwiGiftCard Promotion.

Entrants will not be required to:

• buy a product;
• purchase a service;
• pay an entry fee; or
• use a premium-rate communication service

as a condition of entering the Promotion.

The provision of information and agreement to the notices clearly presented during the entry process does not constitute a charge imposed by the Promoter for entering the Promotion.

6. Entering a Promotion

Entry must be completed in the manner described on the applicable KiwiGiftCard entry page.

An entrant may be asked to provide information including:

• name;
• email address;
• mobile or telephone number;
• postcode;
• age or date of birth;
• address;
• region;
• demographic information;
• survey responses;
• consumer preferences;
• product or service interests; and
• other information relevant to the Promotion or offers presented.

Entrants are responsible for ensuring information submitted is accurate.

7. KiwiGiftCard’s co-registration and lead-generation model

You acknowledge that KiwiGiftCard is not solely a prize-promotion website.

A core commercial purpose of KiwiGiftCard is:

• consumer marketing;
• co-registration;
• lead generation;
• referral marketing; and
• consumer-information services.

Subject to the collection notice and permissions presented when your information is collected, KiwiGiftCard may:

• identify your consumer interests;
• match you with relevant products and services;
• disclose personal information to selected third parties;
• provide enquiries or leads to businesses;
• licence information to selected marketing partners;
• facilitate direct contact by another business;
• undertake permitted data matching or enhancement;
• provide consumer information to selected commercial partners; and
• receive fees or other commercial benefits from those activities.

Further information is contained in the KiwiGiftCard Privacy Policy.

8. Third-party businesses

Where permitted by applicable law and the notice or permission presented at collection, your information may be provided to selected businesses operating in sectors including:

• property;
• property investment;
• real estate;
• home loans;
• mortgages;
• refinancing;
• finance;
• insurance;
• wealth and financial services;
• telecommunications;
• energy;
• utilities;
• solar;
• automotive;
• consumer credit;
• comparison services;
• household services;
• home improvement;
• consumer products;
• lifestyle products;
• consumer research; and
• marketing.

Recipients may include:

• advertisers;
• sponsors;
• lead purchasers;
• co-registration partners;
• data partners;
• comparison services;
• call centres;
• telemarketing businesses;
• marketing agencies; and
• other commercial partners.

Where required by law or appropriate to the particular offer, the identity of a recipient or more specific recipient category may be disclosed before your information is collected.

9. Marketing permission

Any permission to market to you or provide your personal information to another business is governed by the wording presented when your information is collected.

Depending on the notice and permissions presented, this may include permission for:

• KiwiGiftCard to contact you;
• AGC Promotions Pty Ltd to contact you;
• EMBR Group Pty Ltd to contact you;
• personal information to be provided or licensed to selected third-party businesses;
• third-party marketing partners to contact you;
• telephone marketing;
• email marketing;
• SMS marketing;
• co-registration;
• lead referral; and
• other disclosed marketing purposes.

Such activities remain subject to applicable law.

10. Electronic marketing

Electronic marketing associated with KiwiGiftCard must comply with applicable New Zealand law, including the Unsolicited Electronic Messages Act 2007.

Where that legislation applies, commercial electronic messages must satisfy applicable requirements concerning:

• consent;
• sender identification; and
• unsubscribe facilities.

11. Commercial benefit

You acknowledge that KiwiGiftCard may receive:

• lead fees;
• referral fees;
• commissions;
• marketing fees;
• licence fees;
• data-service fees; or
• other commercial benefits

from third-party businesses in connection with permitted marketing, leads or information generated through KiwiGiftCard.

You are not required to purchase any product or service from a third-party business because your information has been provided to that business pursuant to the applicable notice or permission.

12. Evidence of entry and permissions

We may maintain records showing how an entry was submitted and what notices or permissions applied.

These records may include:

• date;
• time;
• IP address;
• webpage;
• URL;
• landing page;
• entry form;
• form version;
• privacy statement;
• consent wording;
• campaign source;
• publisher;
• affiliate source;
• offer selected;
• answers provided;
• email address;
• telephone number; and
• applicable marketing permissions.

These records may be retained for:

• compliance;
• auditing;
• privacy management;
• consent management;
• data provenance;
• fraud prevention;
• dispute resolution; and
• evidentiary purposes.

13. Entry limits

You may submit more than one entry. Each submission is retained for entry and consent record keeping, but each person receives only one chance in each draw.

Completed entries sharing the same normalised email address or New Zealand mobile number are grouped within that draw. Connected matching entries count as one person, represented by the earliest completed entry.

The major and minor draws are separate. A person may have one chance in each. Entering through different gift-card pages does not create additional chances in the minor draw.

Automated, fraudulent, incomplete or otherwise invalid entries may be excluded from winner selection. Repeat submission alone does not invalidate an otherwise eligible entry.

14. Promotion period

Each Promotion will identify its:

• opening date and time;
• closing date and time;
• applicable New Zealand time zone;
• draw date; and
• winner-selection process.

Entries submitted outside the Promotion Period are invalid.

15. Maximum prize pool

The aggregate recommended retail value of all prizes offered in any single KiwiGiftCard Promotion will not exceed NZD $9,000.

KiwiGiftCard has adopted NZD $9,000 as its standard internal maximum prize pool for Promotions conducted under these Terms.

This limit is a commercial and operational limit adopted by KiwiGiftCard and should not be interpreted as representing a statutory licensing or regulatory threshold under New Zealand law.

If KiwiGiftCard proposes a Promotion with a higher prize pool or a materially different entry structure, that Promotion should be separately reviewed before launch.

16. Prize descriptions

The applicable Promotion Schedule or entry page will state:

• the prize;
• its material characteristics;
• its recommended retail value;
• any material limitations; and
• any other material conditions.

Where a prize is non-cash, its value and characteristics will be accurately described.

Prize advertising must not mislead entrants about:

• the prize;
• its value;
• the chance of winning; or
• material conditions attached to the prize.

17. Prizes

Unless the Promotion Schedule states otherwise:

• prize values are stated in New Zealand dollars;
• prizes are not transferable;
• prizes cannot be exchanged for cash unless expressly offered as cash or cash equivalent;
• costs not expressly included are the winner’s responsibility; and
• a change in ordinary retail value after launch does not entitle a winner to additional compensation.

If a prize becomes unavailable for reasons beyond the Promoter’s reasonable control, we may substitute an equivalent or better prize where lawful and fair to entrants.

18. Winner selection

Where a Promotion is determined by chance, the winner will be selected using an appropriate random-selection method.

The Promotion Schedule will specify relevant details including:

• draw date;
• draw time;
• number of winners;
• draw location or electronic method; and
• any relevant publication arrangements.

The draw process will be administered fairly and consistently with the published Promotion rules.

19. Winner notification

Winners will be contacted using the details provided with their entry.

Winner information may also be published where stated in the Promotion Schedule or required by applicable law.

Entrants are responsible for providing accurate contact information.

20. Claiming a prize

We may require a winner to:

• verify identity;
• verify age;
• confirm New Zealand residency;
• establish eligibility;
• provide delivery details; or
• provide other reasonable information necessary to deliver the prize.

If a winner cannot be contacted or fails to claim the prize within the stated period, KiwiGiftCard may conduct a redraw or select a replacement winner in accordance with the published Promotion rules and applicable law.

21. Promotion integrity

The Promoter may disqualify an entrant who:

• tampers with the Promotion;
• interferes with the website;
• submits false information;
• impersonates another person;
• manipulates a draw;
• uses prohibited automated methods;
• acts fraudulently; or
• materially breaches these Terms.

22. Personal information

Personal information collected through KiwiGiftCard is handled in accordance with the KiwiGiftCard Privacy Policy.

That Policy describes matters including:

• co-registration;
• lead generation;
• third-party disclosures;
• intended recipient categories;
• marketing;
• data licensing;
• international disclosures;
• consent and collection records;
• opt-outs;
• data validation;
• access and correction;
• privacy complaints; and
• future transfer or sale of the KiwiGiftCard business.

23. Overseas disclosure

You acknowledge that KiwiGiftCard is operated by Australian companies and elements of the Business may operate from Australia.

Personal information may therefore be stored, accessed or processed in Australia.

Where information is disclosed to an overseas organisation for that organisation’s own purposes, KiwiGiftCard will address applicable cross-border disclosure requirements under the Privacy Act 2020.

More information is provided in the Privacy Policy.

24. Third-party obligations

Third-party businesses receiving personal information from KiwiGiftCard are responsible for complying with laws applicable to their own handling of that information.

Where applicable, this may include responsibilities relating to:

• indirect collection notifications under the Privacy Act 2020;
• the purposes for which information can be used;
• onward disclosure;
• security;
• retention;
• access and correction;
• direct marketing; and
• electronic messaging.

KiwiGiftCard may impose contractual restrictions on recipients regarding use of personal information supplied through KiwiGiftCard.

25. Opting out

You may withdraw applicable marketing permissions or ask KiwiGiftCard to cease certain future marketing activities.

Withdrawal of marketing permission does not:

• invalidate a valid Promotion entry;
• invalidate a prize already won; or
• necessarily require destruction of records that KiwiGiftCard is lawfully entitled or required to retain.

Where information has already been lawfully supplied to another organisation, you may also need to contact that organisation directly regarding its subsequent marketing.

26. Third-party products and services

Products and services marketed by third parties are supplied by the relevant third parties unless expressly stated otherwise.

Those businesses are responsible for:

• their products and services;
• their representations;
• their marketing;
• their contracts with consumers; and
• their privacy practices.

Nothing in these Terms excludes liability or responsibility that cannot lawfully be excluded.

27. Fair Trading Act

KiwiGiftCard intends to conduct its Promotions consistently with the Fair Trading Act 1986.

Nothing in these Terms permits KiwiGiftCard to:

• engage in misleading or deceptive conduct;
• make false or misleading representations;
• misrepresent a prize;
• materially misrepresent an entrant’s chances of winning; or
• conceal material conditions in a way that creates a misleading overall impression.

28. Data matching and enhancement

Subject to applicable law and the purposes and permissions associated with information, KiwiGiftCard may undertake:

• validation;
• verification;
• deduplication;
• contactability checks;
• matching;
• enrichment;
• segmentation;
• analytics;
• modelling; and
• consumer-interest profiling.

29. Intellectual property

Intellectual property and commercial rights associated with KiwiGiftCard may be owned or controlled jointly or individually by AGC Promotions Pty Ltd and EMBR Group Pty Ltd.

These rights may include:

• KiwiGiftCard;
• KiwiGiftCard.co.nz;
• domains;
• brand assets;
• website;
• source code;
• database structure;
• software;
• advertising assets;
• marketing systems;
• designs;
• business processes;
• analytics; and
• goodwill.

Third-party intellectual property remains the property of its respective owner.

30. Personal information is not unrestricted property

Nothing in these Terms means that an entrant transfers unrestricted ownership of personal information to KiwiGiftCard.

KiwiGiftCard’s rights relating to its database, consent records, provenance, intellectual property, contractual rights and commercial assets remain subject to:

• the Privacy Act 2020;
• the purposes for which information was collected;
• applicable permissions;
• privacy notices;
• applicable restrictions; and
• individual statutory rights.

31. Technical issues

KiwiGiftCard will take reasonable steps to administer Promotions fairly.

To the extent permitted by law, we are not responsible for technical events outside our reasonable control including:

• internet outages;
• telecommunications failures;
• device failures;
• network failures;
• third-party outages; or
• lost transmissions.

Where a technical issue materially affects the integrity of a Promotion, KiwiGiftCard may take reasonable corrective action that is lawful and fair to entrants.

32. Liability

To the maximum extent permitted by law, KiwiGiftCard is not responsible for indirect or consequential loss arising from participation in a Promotion.

Nothing in these Terms excludes or limits rights, remedies or liabilities that cannot lawfully be excluded.

33. Sale or transfer of KiwiGiftCard

The KiwiGiftCard business may in future be:

• sold;
• acquired;
• merged;
• restructured;
• transferred;
• financed; or
• operated by a successor entity.

Subject to applicable law, Business Assets transferred as part of such a transaction may include:

• the KiwiGiftCard brand;
• KiwiGiftCard.co.nz;
• domain names;
• website;
• intellectual property;
• software;
• databases;
• consumer records;
• lead records;
• consent records;
• provenance records;
• suppression records;
• marketing systems;
• advertising assets;
• contracts;
• business relationships;
• historical commercial records; and
• goodwill.

Personal information associated with the Business may be transferred where permitted under the Privacy Act 2020 and the KiwiGiftCard Privacy Policy.

A purchaser or successor receives information subject to:

• applicable law;
• existing purposes;
• existing permissions;
• privacy notices;
• opt-outs;
• suppression records; and
• applicable restrictions.

34. Assignment and novation

To the extent permitted by law, AGC Promotions Pty Ltd and EMBR Group Pty Ltd may assign or novate rights and obligations relating to KiwiGiftCard in connection with a bona fide:

• sale of the Business;
• asset sale;
• merger;
• acquisition;
• restructure; or
• transfer to a successor operator.

35. Changes to the Promotion

KiwiGiftCard may only change, suspend or cancel a Promotion where reasonably necessary and permitted by law.

Any such action must be undertaken fairly and must not misleadingly deprive existing entrants or winners of accrued rights.

36. Changes to these Terms

These Terms may be updated prospectively from time to time.

Updating these Terms does not retrospectively create additional privacy or marketing permission.

37. Severability

If a provision of these Terms is invalid or unenforceable, it will be read down where reasonably possible.

If it cannot be read down, it will be severed without affecting the remainder of these Terms.

38. Governing law

These Terms are governed by the laws of New Zealand.

Subject to applicable law, disputes relating to a KiwiGiftCard Promotion are subject to the jurisdiction of the courts of New Zealand.

39. Contact details

KiwiGiftCard

Operated jointly by:

AGC Promotions Pty Ltd ABN 96 617 236 898

and

EMBR Group Pty Ltd ABN 27 417 837 587

Website: www.kiwigiftcard.co.nz

Email: hello@embr.com.au

Postal address: PO Box 5016, Mermaid Waters QLD 4218, Australia

CURRENT PROMOTION SCHEDULE

Promotion

KiwiGiftCard Major Cash Draw and Minor Gift Card Draw

Promoter

AGC Promotions Pty Ltd and EMBR Group Pty Ltd jointly trading as KiwiGiftCard.

Eligible entrants

New Zealand residents aged 18 years or over.

Entry cost

Free. No purchase or monetary payment is required.

Promotion opens

1 February 2026 at 2:00am NZDT, matching 1 February 2026 at midnight Melbourne time (AEDT).

Promotion closes

1 December 2026 at 2:00pm NZDT.

Draw

3 December 2026 at 4:00pm NZDT. Winners are selected by electronic random selection from eligible completed entries, with one chance per person per draw. The final 1–25-word response is not judged to determine the winner.

Time zone

Pacific/Auckland (New Zealand time, observing daylight saving).

Major prize

One winner receives NZ$2,000 cash.

Minor prize

One winner chooses one NZ$200 gift card from Bunnings, Farmers, JB Hi-Fi, New World, Woolworths or The Warehouse. These are alternative choices for one prize, not six separate awards.

Total prize pool

NZ$2,200 across the major and minor draws. The NZ$9,000 internal maximum in clause 15 is not the value of this promotion.

Winner notification

Winners will be contacted using the information supplied with their entry.

Unclaimed prize

Winners will be notified on 3 December 2026 using the contact details supplied. Initial winners must claim before 4:00pm NZDT on 10 December 2026. An unclaimed prize will be redrawn at 4:00pm NZDT on 10 December 2026 from the remaining eligible entrants. Replacement winners have seven calendar days from their first notification to claim.