BMW GOLF CLUB - TERMS AND CONDITIONS

Access

1. These terms and conditions (Terms) set out the rules governing participation in the BMW Golf Club (BGC) and access to the BGC website (www. bmwgolfclub.co.nz).

2. The BGC is brought to you by BMW New Zealand Limited (Promoter) in partnership and association with New Zealand Golf. New Zealand Golf is not the Promoter of the BGC or of any competitions or promotions run by the BGC.

3. These Terms relate specifically to BGC. They operate in addition to the standard terms and conditions governing usage of the NZ Golf website.

Registration

4. Entry to the BGC is open only to affiliated New Zealand Golf Members who are over 18 years of age. The Promoter, its employees, their immediate families, affiliates, dealers and associated agencies are ineligible.

5. By registering and participating in the BGC, you are becoming a participant (Participant) of BGC implying full acceptance of these Terms, including any changes that may be made to the Terms from time to time.

6. To become a participant of BGC, register and provide the information requested accurately. Personal information provided at the time of registration is presumed to be true and correct. It is the responsibility of Participants to update personal information as and when necessary.

7. Participants may only register once. Registration is for a single participant only.

8. Participants consent to the disclosure of their personal information, including but not limited to their name, date of birth, golf scores, and BMW points on the BGC website, to any person who visits the BGC website, to New Zealand Golf, to suppliers of any prizes and to other Participants in the BGC.

Changes to the Terms

9. The Promoter may change or delete any of these Terms at any time. Participants are responsible for checking the Terms regularly to review any such changes. Continued participation in the BGC following the publication of any changes to the Terms confirms Participants acceptance of those changes.

Promotions / Competitions / Prizes

10. These Terms apply to all BGC promotions or competitions (Promotions) conducted by any medium.

11. If a particular Promotion has specific rules or terms or conditions (Rules) those Rules will apply if there is any inconsistency with these Terms.

12. Entry into Promotions is only open to BGC Participants.

13. Entry into Promotions must be made in the manner and by the closing date specified in a Promotions Rules.

14. Entry into the Promotion implies full acceptance of these Terms and any Rules relating to a Promotion.

15. Only one valid entry per person will be accepted.

16. Entry instructions and information on the prizes offered form part of these Terms. To the extent of any inconsistencies between the entry instructions and information on the prizes offered, these Terms and any Rules will prevail.

17. The winner(s) will be determined in the manner set out in the Promotion Rules – if not specified then as determined by the Promoter. The Promoter’s determination of the winner will be final and no correspondence will be entered into.

18. The Promoter’s decision in relation to any aspect of any Promotion is final and no correspondence will be entered into in relation thereto.

19. Prizes are not exchangeable, not transferable and not redeemable for cash. In the event that any component of the prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter reserves the right to substitute that prize component with another prize of equal monetary value and the prize winners will be notified accordingly.

20. Prize Winners will be notified by email. To this end, participants are responsible to ensure a valid email address is supplied to the promoter when they register for the BGC. If the promoter is unable to contact a winner within three calendar months, the prize will be forfeited. The Promoter, its employees, affiliates, dealers and associated agencies engaged in the operation of the BGC have no liability if they are unable to contact prize winners due to an error in the information provided by the participant.

21. No compensation will be payable if a winner is unable to use any element of a prize as stated for any reason whatsoever. Any part of a prize not taken for any reason is forfeited. Once a prize is redeemed any further costs are all at the expense of the recipient.

22. Prizes are available to New Zealand residents only. International participants are not eligible for prizes. Participants must be in New Zealand to collect the prize. Participants acknowledge that the Promoter makes no representations as to the quality or fitness for purpose of any prize offered by the Promoter or any representative of the Promoter.

23. Participants will be required to collect their Prize from their nearest BMW Dealership. The Promoter will not be responsible or liable for the non-collection of prizes or delays in delivery of them to the Dealership.

24. The Promoter reserves the right to make whatever enquiries necessary to prove the eligibility of any participant and to assess the validity of a winner’s entry into any Promotion. The Promoter reserves the right to disqualify any Participant who tampers with the entry process for any Promotion, has violated these Terms or any Rules, gained unfair advantage in participating or won using fraudulent means.

25. The Promoter accepts no responsibility for late, lost or misdirected entries. Entries not complying with these Terms or any Rules, and any late, lost, or misdirected entries will be deemed invalid.

26. The Promoter reserves the right to change these Terms or any Rules applying to any promotion or to modify, terminate, suspend or reschedule any promotion.

27. All entries for any promotion become the property of the Promoter.

28. The winners agree to their names and photographs being used for any publicity purposes by the Promoter, NZ Golf or the relevant Authorised BMW Dealership without compensation.

Disclaimer

29. Whilst the Promoter will endeavour to ensure content contained on the www.bmwgolfclub.co.nz website is correct and up to date, the Promoter does not warrant its accuracy, adequacy or completeness and has no liability for the content. Content may be updated at any time. From time to time, it may contain out of date, inaccurate or incomplete information.

30. The Promoter takes no responsibility for any inability to access the BGC or to enter, complete, continue or conclude any Promotion due to equipment or technical malfunction, acts of God or otherwise.

31. The Promoter, its employees, agents, partners, any BMW Dealerships and/or suppliers shall not be liable for any claims, losses, damages, injuries, costs or expenses (whether direct, indirect or consequential) suffered, sustained or incurred as a result of, or arising out of, or in any way connected with participation in the BGC, use of the BGC website, participation in any BGC Promotions and/or with any prizes offered.

32. These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand and the non-exclusive jurisdiction of the New Zealand courts.

33. All contractual exclusions, limitations and protections given by these Terms and any Rules are intended to be for the benefit of each and all of the Promoter, its employees, agents, partners, any BMW Dealerships, New Zealand Golf, any participating golf clubs and/or suppliers, and for the purposes of the Contracts (Privity) Act 1982 shall be enforceable by them.

Termination

34. The Promoter reserves the right to change these Terms or to change any Rules relating to any particular Promotion, at any time. The Promoter also reserves the right to modify, terminate, suspend or reschedule any Promotion, the BGC or any individual’s participation in it or access to it, at any time without notice for any reason or no reason in its sole discretion. General terms relating to the BGC will survive any such cancellation.

Communications and Privacy

35. The Promoter collects and holds personal information provided by each Participant, for the purposes of running the BGC and, unless otherwise requested may be used for future promotional activities conducted by the Promoter and relevant Authorised BMW Dealerships.

36. Participants agree to receive communications (i.e. emails, texts, mailouts) from the Promoter and its Registered Dealers for the purpose of advising changes or additions to the BGC, competitions and prizes or for promotional purposes. However, participants may opt-out of receiving such communications at any time by clicking on the opt-out link in any of the emails they are sent or by advising the Promoter in writing that they no longer wish to receive such communications

37. Under the Privacy Act 1993, all individuals have rights to access and to correct their personal information held by the Promoter. To access or request correction of your personal information please contact the Promoter by writing to BMW New Zealand Limited, PO Box 9510, Newmarket, Auckland 1149.

The Promoter

38. The Promoter is BMW New Zealand Limited of 7 Pacific Rise, Mt Wellington, Auckland, New Zealand.

RULES FOR “MONTHLY PRIZES FOR MOST IMPROVED PLAYERS” PROMOTION

1. The “BMW Golf Club – Terms and Conditions” (Terms) apply to this Promotion. To the extent of any inconsistency between the Terms and these Rules, then these Rules will apply.

2. This promotion commences on 13 October 2011 and runs until such time that the Promoter, in its sole discretion, decides (Promotional Period).

3. To enter this promotion Participants must, during the Promotional Period, submit their properly completed official NZGA Score Card (as issued by the affiliated NZGA Golf Club at which the round is played) for entry into the official NZGA handicap system in the usual way (either by handing the completed card to the club at which the round is played or by handing the completed card to their own club). Ultimate responsibility for entering completed NZGA Score Cards into the official NZGA handicap system rests solely with the club and the Promoter takes no responsibility for late, lost, inaccurate, incomplete or stolen entries.

4. Every game of golf (9 holes or 18 holes) played at a golf club affiliated with New Zealand Golf during the Promotional Period will be considered in the calculation of the Participant’s BMW POINTS provided that:

1. The NZGA Score Card is fully completed by the Participant with accurate hole-by-hole scores.
2. The NZGA Score Card is submitted by the Participant to the club at which the Participant has played or to the Participant’s own club.
3. The club enters the completed NZGA Score Card including hole-by-hole scores onto the NZGA handicap system by midnight on 14th day of the following month (i.e. a game played on 29 October 2011 will count for October’s competition provided the club enters the card by 14 November 2011).

5. BMW POINTS are awarded to each Participant for each round by carrying out the process and calculation that is explained in the schedule to these Rules marked “HOW WE FIGURE OUT YOUR BMW POINTS”.

6. The BGC Leader Board for each calendar month is available to view on the BGC website at http://www.bmwgolfclub.co.nz/leaderboard. Each calendar month, the competition starts afresh and Participant’s BMW POINTS revert to zero.

7. Winners of the competition for each month will be selected on 15th day of the month following (i.e. the October winners will be selected on 15 November) using cards submitted and entered in accordance with clause 4.

8. Each month, prizes will be awarded for Most Improved Player, plus four runners up prizes for the next consecutive four players on the Leader Board. There will also be one BMW Drivers Prize for the most improved Player who currently owns a BMW. These prizes will be awarded as follows:

1. Most Improved Player – The Participant with the highest BMW POINTS score on Leader Board at midnight on the last day of each calendar month will be awarded the “Most Improved Player” Prize for that particular month.
2. Runners Up Prizes – The Participants who finish in second, third, fourth and fifth places based on their BMW POINTS score on Leader Board at midnight on the last day of each calendar month will be awarded Runners Up Prizes for that particular month.
3. BMW Drivers Prize – The Participant with the top BMW POINTS score on Leader Board at midnight on the last day of each calendar month who also currently owns a BMW vehicle will be awarded the “BMW Drivers Prize” for that particular month.

9. In the event of a tie between one or more Participants for any of places one to five, the names of the all of the Participants tied for the relevant place will be placed into a random draw to be conducted by the Promoter. The winner will be the first Participant drawn at random from all of the names in that draw. The winners of any subsequent places that need to be resolved from the tie will be the next names drawn in order from the remaining names in the draw, and so on.

10. The Prizes are displayed on the BGC website at http:// www.bmwgolfclub.co.nz for details of the prizes available for each calendar month.

11. Participants are not entitled to challenge or otherwise enquire into the calculation of their BMW POINTS, or to challenge their placing on the BGC Leader Board.

12. The Promoter, employees, agents, partners, any BMW Dealerships, New Zealand Golf, any participating golf club and/or suppliers shall not be liable for the loss of any completed Score Cards, for the failure to process or any delay in processing any Score Card, for any mistakes in calculating any Participant’s BMW POINTS, or for any delay or mistake in the processing of any completed Score Cards.

HOW WE FIGURE OUT YOUR BMW POINTS

Note: This is as plain an English explanation of the computer process that is followed as we could come up with, while still making it intelligible.

13. With each card you submit, this is how we calculate the BMW POINTS for that round. We take your submitted card, and:

1. Look at up to your last 20 rounds of golf prior to the last play date on that same course and from those same tee markers. For those rounds we figure out the holes that you have found the hardest on average by looking at the holes at which you carded your worst net scores and then taking the worst average 9 holes. We deal with ties by using the slope ratings for the holes. Now we know what holes you have problems with.
2. We take the card you have just submitted and from that figure out your stableford point score for those 9 worst holes only, then we add on the NZ Course Rating (NZCR) less the par for the course.

Example:

On average you struggle with a bunch of holes on your course. But this time you really knuckled down and played most of them really well. Your BMW POINTS score will be the stableford points you got on those nine holes together with the course adjustment calculation.

One week later, you play the same course and do even better on those holes, but worse on some others, your BMW POINTS calculation will know which holes you are getting better at, and which holes you are getting worse on, and you may not be rewarded as much for those ones this time.

14. The higher your BMW POINTS calculation for any one round, them more you are improving, and the better you know you are doing as you are scoring more from the holes that you find hard for you.

15. Some extra things to note:

1. For your historic round calculations, if you have not completed a hole, or you ring or x out a hole, and that hole needs to be used for our calculation then your score will be:
   1. If your handicap index was <= 18.2 then an assessed score of 3 over par is used.
   2. If your handicap index was >= 36.4 then an assessed score of 4 over par is used.
   3. If your handicap index was > 36.4 then an assessed score of 5 over par is used.
2. If the card you submit is the first time you have played a particular course and or the tee markers on that course, then the hardest 9 holes against which we will calculate your BMW POINTS will be stroke holes 1-9 for that course and tee marker.
3. If you played a 9 hole round, then we double the NZ Course Rating (NZCR) less the par for the course part of the calculation to allow 9 and 18 hole rounds to be compared fairly.

RULES FOR THE “BMW GOLF CLUB NZ OPEN” PROMOTION

1. The “BMW Golf Club – Terms and Condition”s (Terms) apply to this Promotion. To the extent of any inconsistency between the Terms and these Rules, then these Rules will apply.

2. This Promotion commences on Thursday 13 October 2011 and runs until 12:00am (midnight) on Monday 31 October 2011 (Promotional Period).

3. To be automatically entered into this prize draw, respondents must, during the Promotional Period, sign-up for the BMW Golf Club by completing all the required details online at http://www.bmwgolfclub.co.nz. Entries must be completed and submitted to that web portal no later than 12:00am (midnight) on Monday 31 October 2011.

4. Only one valid entry per person will be accepted. The draw will take place at 12:00pm (noon) on Tuesday 8 November 2011 at 7 Pacific Rise, Mt Wellington, Auckland, New Zealand. The winner will be the first valid entry drawn at random from all the entries received.

5. All valid entries will go into the prize draw to win:

1. Tickets for two (2) adults to attend the BMW New Zealand Open at Peppers Clearwater Resort, Christchurch on 3 and 4 December 2011, together with tickets for two (2) adults to enter the BMW hospitality area at the BMW New Zealand Open on 3 and 4 December 2011.
2. If the winner resides outside the Christchurch region the prize will also include internal domestic return flights for two (2) adults from any domestic airport in New Zealand to Christchurch.
3. Two (2) nights accommodation for two (2) adults in Christchurch (accommodation to be confirmed), arriving 3 December 2011 and departing 5 December 2011.
4. Transfers from the designated accommodation to the BMW New Zealand Open and return on 3 and 4 December 2011.

6. The prize is subject to any prevailing terms and conditions of the organisers of the BMW New Zealand Open, the transport and/or the accommodation providers.

7. Accommodation and travel is subject to booking, accommodation and flight (if required) availability. Once booked any changes made to the bookings may incur a cancellation fee, or other costs, which will be at the cost of the winner.

8. The winner will be notified by 15 November 2011 by email or by telephone. The prize draw will be conducted by the Promoter. The Promoter’s decision is final and no correspondence will be entered into in relation to that. If any winner cannot be contacted or does not claim the prize within 10 days of the prize draw, that winner will forfeit the prize and a redraw will be made on the same terms and conditions as the original draw.