Terms & Conditions

Terms & Conditions

By downloading the Shwoop app & registering, you (“customer”) agree to be bound by the Terms and Conditions of use specified herein and any other provision as my be specific from time and any other provision as may be specified from time to time by Shwoop. Throughout these platform & Terms and Conditions, the terms “we”, “us” and “our” refer to Shwoop. Shwoop, their agents or employees shall not be liable for any death, personal injury, loss or damage, however caused while engaging, using, playing, or competing on or with Shwoop, nor are they liable for any complaints, claims, refunds, or exchange for any reason, including without limitation, cancellation or postponement of activities run or orchestrated by Shwoop.

By downloading the Shwoop app & Registering, you (“customer”) understand all of our competitions and games are ran through a limited stock offer, operated by first win first serve. Shwoop, employees and all agents reserve the right to make decision at our discretion when multiple customers appear to be eligible for a prize. This may in but is not limited to any of the following solutions:

  • A draw of even odds.
  • Time stamp in app (lowest epoch value)
  • A coin toss

By opting into the by registration or using our App; Terms and Conditions you are subject to the following conditions:

1. You have voluntarily and expressly agreed to participate and/or “play” Shwoop Riddles, Competitions, Challenges, Events/Challenges, Puzzles, Team Games, Social media activities/challenges (“Games”, “Sites”) at your sole risk. To the fullest extent permissible by applicable law; Shwoop disclaims all warranties, express or implied, including but not limited to, implied warranties, merchantability or fitness for the operation of the Shwoop. Shwoop does not warrant the reliability, accuracy, completeness, current or error-free of the product, content and materials included, used or deployed. If a product, content or material is not as described, you have expressly waived the right to claim any damages and/or losses including but not limited to direct, indirect, incidental, punitive, and consequential damages derived from such use or reliance of the description of the product, content or material.

2.       All personal items/belongings shall be kept by you at your sole risk. In any event, Shwoop including the employees or agents shall not be held liable or responsible for any loss of your personal items/belongings, either within the Site or outside of Site. The risk of loss for your personal items/belongings shall be borne by you upon using and entering on the Site or engagement with Shwoop.

3.     To the fullest extent permissible by applicable law; Shwoop including all employees or agents shall not be responsible for any risk, hazard, danger, security, safety and/or protection for Shwoop Games. You shall be solely responsible, answerable and accountable for your personal safety, security, body condition, disease transmission, pregnancy and/or health condition while you participate and/or use Shwoop App. Shwoop hereby expressly warns that Shwoop Game may be hazardous, risky, and unsafe. You and your party shall be duly informed and understand the underlying danger, risk, hazard of the Shwoop Game and shall further confirm, ensure and guard against your body condition and personal safety while participating in the Shwoop Game.

4.       You undertake to complete the Shwoop Game in accordance to the instruction and rules specified by Shwoop, employees or agents. Failing which, Shwoop including the employees or agents shall have the right and power to decline or refuse your entry to the Site.

5.       You undertake not to carry or bring any dangerous, harmful or hazardous object into the Site including but not limited to explosive items, weapons or item deemed to be dangerous or harmful to other visitors on the Site. In the event that such item or object is found, Shwoop including the employees or agents shall have the power, authority and consent expressly granted by you to remove and confiscate such item or object and further decline or refuse your entry to the Site.

6.      You shall not enter or participate in games while under the influence of drugs or intoxicated, failing which Shwoop including the employees or agents shall reserve all rights and power to decline or refuse your entry or participation. If you are found to be under such influence, Shwoop including the employees or agents shall have the power, authority and consent expressly granted by you to remove and confiscate such alcohol, drug or liquor without any compensation, remedy or damages and shall reserve all rights and authority to take the necessary legal action to ensure reputation of Shwoop remains intact and guard against any risk or harm towards said business. All losses, damages or legal costs derived from such incident shall be solely borne by you.

7.      The website https://www.shwoop.co.nz/ is owned and operated by Shwoop. The company holds the right to amend or vary these Terms and conditions including any of the contents of the website from time to time at its sole discretion without prior notice. The hereinafter terms apply to the use by any visitor or patron of the Shwoop Website & App and should be read carefully before any use:

a.       Shwoop does its best to supply you with the most current and accurate information on its website.

b.       You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from this website.

c.       You are not permitted to link to or use all or any part of the Shwoop’ website & App for any purpose which is fraudulent, unlawful, defamatory, harmful, obscene or objectionable.

d. Shwoop shall not be liable to any person for any direct or indirect, consequential or incidental damages, including (without limitation) lost profits or revenues, loss of opportunity, costs of replacement goods or services, loss or damage to data or business interruption, arising out of any use of the website & App.

8.       Nothing in these terms and conditions are intended to affect your statutory rights.

9.    The trademarks and logos displayed on the website & App are the property of Shwoop or our partners. You are not permitted to use these without the prior written permission of Shwoop (or these partners) and you accept that any such use may constitute an infringement of the relevant proprietor’s rights.

10.    These terms and conditions and any contract concluded incorporating these terms and conditions shall be governed by New Zealand Law.

11.    Shwoop’s website & App may contain hyperlinks to third party websites or Apps. The operation of those websites is out of our control and you use them at your own risk.

12.    Shwoop may may contact you from time to time with offers and promotions via in App notification.

13.   You agree to handle Shwoop “sites” with good care. You accept that the Shwoop has the right to seek full compensation in case of any attempt to cause damage or damage caused to the assets, branding, prizes or furnishings. You also understand that Shwoop has the right to terminate the “game” at any time, if anyone of the players violates the “Rules” or refuses to follow the instructions of Shwoop employees, agent.

14.   Shwoop doesn’t tolerate any kind of bullying or harassment towards its employees, patrons or guests.
15. To be eligible for entry, participants must reside in New Zealand and be over 18 years of age. Shwoop reserves the right to require any participant to produce identification and/or proof of age.  

16.   If you need to contact Shwoop, email Jamie at Jamie@Shwoop.co.nz

17.    Patrons understand that stated they’re ineligible from entering or competing more than once in Shwoop Games, unless otherwise stated or mentioned. Shwoop reserves the right to ban or terminate contestants or guests found to be entering multiple times under false accounts. Shwoop reserves the right to refuse awarding prizes to contestants of which this is founded.

Privacy Policy

The rights of Users

Users may exercise certain rights regarding their Data processed by the Owner.

In particular, Users have the right to do the following:

  • Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
  • Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
  • Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
  • Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
  • Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
  • Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
  • Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
  • Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

For more information: Please visit here