DRAFT prepared with AI assistance, 26 September 2026. Internally reviewed against NZ law but NOT reviewed by a lawyer. Do not publish until a New Zealand lawyer has approved it. See REVIEW.md.
My Shout Terms of Use
Version 0.1 (draft), 26 September 2026
These Terms of Use cover the My Shout website, app and accounts. The rules for the daily draws, the prizes and the live game are in the separate My Shout Competition Terms. Both documents apply when you play. How we handle your personal information is in the My Shout Privacy Policy.
1. Who we are and what these terms cover
1.1 My Shout (myshout.nz, the installable app and everything linked to them, together the Service) is operated by NetPotential Limited, trading as Growth Spurt, a New Zealand company (company number [insert], NZBN [insert]) with its registered office at [insert address], Auckland, New Zealand. In these terms we, us and our mean NetPotential Limited. You means the person using the Service.
1.2 These Terms of Use, the Competition Terms and the Privacy Policy (together the Terms) are a contract between you and us. By creating an account, playing a quiz, entering a draw, claiming a deal or otherwise using the Service, you agree to the Terms. If you do not agree, do not use the Service.
1.3 If these Terms of Use and the Competition Terms conflict about a draw, a prize or the live game, the Competition Terms win. If either conflicts with a Schedule for a particular draw, the Schedule wins for that draw only.
1.4 The Terms are written in plain language on purpose. Headings and the plain-language summaries are there to help you read the document. Where a summary and a numbered clause differ, the numbered clause applies.
1.5 We contract with you electronically. Your agreement by tapping, ticking, texting a login code or continuing to use the Service is valid under Part 4 of the Contract and Commercial Law Act 2017.
2. Who can use My Shout
2.1 You can use the Service only if you are:
(a) 18 years of age or older;
(b) a New Zealand resident, or physically present in New Zealand while you play; and
(c) able to verify a New Zealand mobile number in your own name or lawful control.
2.2 If you are under 18, do not create an account. We will close any account we reasonably believe belongs to a person under 18 and will void any entries and prizes associated with it.
2.3 Our directors, employees and contractors, the directors and employees of our related companies, and the immediate family and household members of those people, may use the Service but cannot win prizes. A sponsor's directors, employees and their immediate family and household members cannot win a prize supplied by that sponsor. The Competition Terms set out the detail.
3. Your account
In short: one person, one verified mobile number, one account. Keep your device and login codes to yourself.
3.1 One account per person. You may hold one account. Each account is tied to one verified New Zealand mobile number. One mobile number can be tied to only one account. Do not create or use more than one account, and do not let anyone else use yours.
3.2 Login by text. To log in, the Service shows you a short code and you send it from your mobile as a text message to the My Shout number. Your mobile carrier may charge you its standard rate for that text. We do not charge you for it, we do not use premium-rate numbers, and no part of any carrier charge comes to us. Sending the code is a request from you to us, and we will reply to it by text.
3.3 Free alternative to texting. If you cannot send a text, or do not want to pay a carrier charge for one, contact us at [contact email] and we will verify your mobile number by another method at no cost to you. Your entries have the same chance whichever way you verify.
Note for the lawyer: is a free alternative verification path needed, or advisable, to keep "no consideration" beyond doubt under the Gambling Act 2003 section 4 given that a standard-rate text is the default login? Our understanding is that a standard carrier charge paid to a telco, not to the promoter, is not consideration, but please confirm and confirm the wording.
3.4 Social logins. You may also sign in with Google, Facebook or X. Those providers have their own terms and privacy policies, which apply to your use of their sign-in service. Signing in with a social account does not replace mobile verification: to enter a draw you must still verify a New Zealand mobile number. Google, Meta and X are not sponsors of My Shout and are not involved in running it (see clause 13).
3.5 Device tokens. After you verify, we keep you logged in on that device with a long-lived token so you do not need to text every day. Anyone with access to your unlocked device may be able to play as you. Keep your device secure, and log out of devices you do not control. You are responsible for activity on your account unless it results from our breach of these Terms.
3.6 Account details. You must give us accurate information and keep it accurate. You may choose a display name. Do not choose a name that impersonates anyone, contains contact details, is offensive, or infringes anyone's rights. We may change or remove a display name that breaks this rule.
3.7 Home region. You choose a home region when you sign up. You can change it once in any 30-day period, through My Account. Prizes for a region are redeemed in person at the sponsor's premises in that region, so choose the region where you actually live or spend your time. The Competition Terms explain what happens if you choose a region to game the odds.
3.8 Closing your account. You can close your account at any time in My Account or by contacting us. Closing your account withdraws you from any draw that has not yet been sealed. Entries already sealed remain in that draw, and a prize you have already won can still be claimed within its claim window.
4. What the Service is
4.1 The Service gives you:
(a) a free daily quiz you can play at any time during the day (the Anytime Quiz);
(b) a free live quiz at 21:00 New Zealand time each day (the Live Game);
(c) entry into a daily prize draw for your home region, run under the Competition Terms;
(d) deals offered by sponsors to players in a region (Deals);
(e) leaderboards, streaks, result cards and other social features; and
(f) Shona, an AI host who presents the quiz, answers questions and sends messages (see clause 5).
4.2 We may add, change or remove features. We may also open, split, merge or close regions. Changes that affect a draw already open are governed by the Competition Terms, which do not allow changes to a draw once it has opened.
4.3 The Service is free. There is no purchase, subscription, in-app payment or paid entry of any kind, and we will never sell entries, bonus entries or better odds. If anyone offers to sell you entries or odds in My Shout they are not us, and you should tell us.
4.4 The Service is a beta product during its pilot phase and may contain errors. We will tell you on the site when the pilot phase ends.
5. Shona, the AI host
In short: Shona is software. She is helpful, she is not always right, and she cannot change the rules.
5.1 Shona is an artificial intelligence persona built on our Aiva platform. She is not a human being. When you talk to Shona on the site, by text or through any other channel, you are talking to software, and our automated systems (and, where noted in the Privacy Policy, third-party AI providers) process what you say.
5.2 Shona gives general information only. She may misunderstand you, give an incomplete or incorrect answer, or state something that is out of date. Nothing Shona says is advice, and nothing Shona says changes, adds to or overrides the Terms or the Schedule for any draw. If Shona says something that conflicts with the Terms or a Schedule, the Terms and the Schedule apply.
5.3 Shona cannot promise you a prize, add a prize, alter a draw, waive a rule or make a decision about your account or eligibility. Those decisions are made by us and are confirmed by a person before they take effect. A statement by Shona that you have won is not a win notice; the win notice is described in the Competition Terms.
5.4 Do not send Shona anything you would not want processed by software, including passwords, bank details or other people's personal information.
5.5 Where Shona appears in video or audio, her voice and appearance are synthetic.
6. Sponsors and Deals
In short: prizes and Deals come from the local business that offers them. That business is the supplier. We introduce you; we do not run their shop.
6.1 Prizes and Deals are offered by independent local businesses (Sponsors). Each Sponsor supplies its own prize or Deal and is the supplier of it for the purposes of the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. We are not the supplier of any prize or Deal and we are not the Sponsor's agent.
6.2 A Deal is an offer made by a Sponsor to players. The Sponsor's own conditions apply to it (for example, which days it can be used, whether it can be combined with other offers, and its expiry). Deals are not prizes and are not part of any draw. A Deal is not a discount voucher we sell: you pay nothing to us for it, and any purchase you make to use a Deal is a contract between you and the Sponsor.
6.3 A Deal or prize can never require you to buy, or be redeemed for, alcohol or tobacco or vaping products, and a Deal can never be a condition of entering a draw.
6.4 We check Sponsors before listing them and require each Sponsor to honour its prizes and Deals for the stated period. We do not control Sponsors, and to the maximum extent permitted by law we are not responsible for a Sponsor's acts, omissions, goods, services, premises, staff or closure. The Competition Terms explain what we do when a Sponsor fails to provide a prize.
6.5 If you have a problem with a Sponsor's goods or services, contact the Sponsor first. Your rights under the Consumer Guarantees Act 1993 against the Sponsor are not affected by these Terms. Tell us too, because we want to know, and we may remove a Sponsor that does not honour its commitments.
6.6 We do not give a Sponsor your contact details unless you separately and expressly opt in to hear from that Sponsor. That consent is optional, is specific to that Sponsor, and can be withdrawn at any time.
7. Messages we send you
7.1 Service messages. We send messages you need in order to use the Service: login replies, win notices, prize codes, draw results you have asked for, security notices and changes to the Terms. These are sent by text, push notification, email or in the app. You cannot opt out of a message that is needed to run your account or deliver a prize, but you can close your account.
7.2 Push notifications. Push notifications are optional and off until you turn them on in your device and in My Account. You can turn them off at any time in either place. We limit how many we send and observe quiet hours as described in the app.
7.3 Marketing messages. We send commercial electronic messages (for example, news about new regions or Sponsors) only where you have consented under the Unsolicited Electronic Messages Act 2007. Every marketing message identifies us and includes a working unsubscribe. Reply STOP to a marketing text to stop marketing texts. We act on unsubscribe requests within five working days.
7.4 Sponsor messages. A Sponsor may message you only if you have opted in to hear from that Sponsor (clause 6.6). Unsubscribe requests for Sponsor messages go to the Sponsor and to us, and we will act on them.
7.5 Your number, your cost. Texts you send to us are charged by your carrier at its standard rate. Texts we send you are free from us, although your carrier may charge you to receive messages while roaming.
8. Privacy
8.1 We collect and handle personal information as described in the My Shout Privacy Policy, which forms part of these Terms. It explains what we collect (including your mobile number, home region, device information, quiz answers and messages to Shona), why, who we share it with (including Sponsors only with your opt-in, and the third-party services that run the Service), how long we keep it, and how to access or correct it under the Privacy Act 2020.
8.2 We publish draw records in a form that does not identify you. Your own draw proof (your salt, leaf and Merkle proof) is private to you until you choose to share it.
8.3 We use your name and region publicly only with your consent, as set out in the Competition Terms.
9. Acceptable use
In short: play as yourself, on your own account, in your own region, by hand.
9.1 You must not:
(a) use bots, scripts, macros, emulators, automation, headless browsers or any other tool to play, answer, enter, claim or interact with the Service, or to obtain answers during a quiz;
(b) create, control, buy, sell, rent, share or use more than one account, or use an account belonging to someone else, or use a mobile number that is not yours or not under your lawful control, including virtual, VoIP, temporary or forwarded numbers used to create extra accounts;
(c) use a VPN, proxy, location spoofing, device spoofing or any other method to misrepresent where you are or which region you belong to;
(d) share, publish or receive quiz answers during a quiz window, coordinate answers between accounts, or otherwise gain an unfair advantage;
(e) interfere with the timing of the Live Game, manipulate latency measurements, replay or forge network messages, or exploit a bug, error or timing issue (if you find one, tell us at [contact email] and do not use it);
(f) reverse engineer, decompile, scrape, crawl or harvest the Service or any data from it, except that you may read and run the open-source verifier we publish for checking draws;
(g) attempt to gain unauthorised access to the Service, another account, our systems or a Sponsor's systems, or interfere with their operation;
(h) sell, trade, transfer or offer to sell any prize code, deal code, entry or account, other than as a Sponsor's prize conditions expressly allow;
(i) use the Service to send spam, harass anyone, or post content that is unlawful, defamatory, obscene, discriminatory, infringing, or harmful under the Harmful Digital Communications Act 2015;
(j) misrepresent that you are affiliated with us or a Sponsor, or claim to speak for My Shout or Shona;
(k) use the Service for any commercial purpose without our written consent (Sponsors have a separate agreement with us); or
(l) do anything that breaks the law, the Terms, or a Sponsor's reasonable conditions.
9.2 We run fraud and fair-play checks, including comparing device and network signals with your claimed region, rate limits, VoIP number checks, device and network account caps, per-question answer logs and timing analysis. We may investigate any account, ask you for reasonable proof of identity or residency before paying out a prize, and act on what we find.
9.3 If we reasonably believe you have breached clause 9, we may do one or more of the following: warn you, remove content, void some or all of your entries, withhold or cancel a prize (including after it has been awarded but before it has been redeemed), suspend or close your account, block devices or numbers, and refer the matter to a Sponsor, the Police or another authority. Where practicable we will tell you what we have found and give you a chance to respond, and we will not apply a sanction without a person reviewing it. Clause 9 does not limit our rights under the Competition Terms.
10. Your content
10.1 The Service lets you provide limited content: a display name, messages to Shona, feedback, and (if you opt in) a first name and suburb for winner announcements. We call this Your Content.
10.2 You keep ownership of Your Content. You grant us a non-exclusive, royalty-free, worldwide licence to use, store, copy, adapt and display Your Content for the purpose of operating, improving, securing and promoting the Service, for as long as we need it for those purposes. Promotion using your name or likeness requires your separate consent under the Competition Terms.
10.3 You are responsible for Your Content. You confirm you have the right to provide it and that it does not infringe anyone's rights or break clause 9. We may remove Your Content that we reasonably consider breaks the Terms.
10.4 Feedback and suggestions you give us may be used by us without any obligation to you.
11. Our intellectual property
11.1 The Service, including the My Shout and The Daily Shout names and logos, Shona's name, voice and likeness, the quiz questions, the software, the draw protocol implementation, the designs, text, graphics, audio and video, is owned by or licensed to us and protected by New Zealand and international intellectual property laws.
11.2 We give you a personal, non-transferable, revocable licence to use the Service for your own non-commercial entertainment in accordance with the Terms. All other rights are reserved. You may share result cards and links the Service generates for sharing.
11.3 Some quiz content, images and media are used under licence, including Creative Commons licences. Credits are published at myshout.nz/credits, and the credited material remains subject to its own licence.
11.4 We publish our draw verifier as open-source software under the licence stated in its repository. That licence, not clause 11.2, governs the verifier code.
11.5 Sponsors' names, logos and trade marks belong to the Sponsors and appear with their permission. They are not licensed to you.
12. Availability and changes to the Service
12.1 We aim to keep the Service available, especially at 21:00 each day, but we do not promise that it will be available, uninterrupted, error-free or secure at all times. The Service depends on third-party infrastructure (including Cloudflare), on mobile carriers, on app platforms and browsers, and on the public randomness and timestamping services described in the Competition Terms, none of which we control.
12.2 Your ability to connect during the Live Game depends on your device, browser, network and location. A lost connection, a slow connection, a device sleeping, a browser closing or an app not being installed are your risks, and the Competition Terms explain how the Live Game handles them.
12.3 We may suspend the Service, or any part of it, for maintenance, security, legal reasons or matters outside our control. Where a suspension affects a draw, the Competition Terms apply.
12.4 We may change or discontinue the Service or any feature at any time. If we discontinue the Service entirely we will give at least 14 days' notice on the site where practicable, and any prize already won remains claimable within its claim window.
13. Third-party platforms and logins
13.1 Google, Meta (Facebook and Instagram), X, Apple, app stores, mobile carriers and other third-party platforms are not sponsors, administrators or endorsers of My Shout, and they are not involved in running the quiz or the draws. Any question, comment or complaint about My Shout goes to us, not to them.
13.2 Meta statement. Any My Shout promotion that appears on Facebook or Instagram is in no way sponsored, endorsed or administered by, or associated with, Meta Platforms, Inc. or its affiliates. You are providing your information to NetPotential Limited and not to Meta. You release Meta from all liability in connection with My Shout. We never require you to share, tag, like or follow to enter any draw.
13.3 If you sign in with a third-party account, that provider tells us your name, email address and a unique identifier. We do not post to your social accounts and we do not receive your social password.
13.4 The Service may link to Sponsor websites and other third-party sites. We are not responsible for their content or practices.
14. Your consumer rights
In short: nothing in these Terms takes away rights the law gives you and does not let us take away.
14.1 You may have rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other laws that cannot be excluded, restricted or modified by contract. Nothing in the Terms excludes, restricts or modifies those rights, and the Terms must be read subject to them. In particular:
(a) if the Consumer Guarantees Act 1993 applies to the Service or to a prize, the guarantees in that Act apply and nothing in the Terms contracts out of them where that is not permitted by section 43 of that Act;
(b) nothing in the Terms limits our liability for misleading or deceptive conduct, false representations or other conduct in breach of the Fair Trading Act 1986 where that liability cannot lawfully be limited; and
(c) if you use the Service for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply to that use and that it is fair and reasonable for the parties to contract out of the Act and of sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 for that use.
Note for the lawyer: (1) Please confirm whether the Consumer Guarantees Act 1993 applies to a free, advertising-funded service supplied under a click-through contract. The definition of "services" refers to rights, benefits, privileges or facilities provided under a contract, and "supplier" means a person who in trade supplies services. We have drafted on the basis that it may apply and have not tried to exclude it for consumers. (2) Please confirm that a prize is a "supply" of goods "by way of gift" by the Sponsor under the section 2 definition, so the Sponsor is the supplier and the CGA guarantees run against the Sponsor. (3) Please confirm 14.1(c) is appropriate, or delete it if it adds nothing for a consumer product.
15. Disclaimers and limitation of liability
In short: the Service is free, we take care, but our responsibility to you is limited as far as the law allows.
15.1 Subject to clause 14, the Service, Shona, the quiz content, the leaderboards, the odds displayed and any information on the Service are provided "as is" and "as available". To the maximum extent permitted by law we exclude all conditions, warranties, guarantees and representations that are not set out in the Terms, whether express or implied, including any about accuracy, fitness for purpose, availability, timing or results.
15.2 The odds we display (for example "1 in 43 right now") are calculated from the entries counted at that moment. They change as people play, and the final odds for a draw are set only when the entry list is sealed. A displayed figure is information, not a promise.
15.3 To the maximum extent permitted by law, we are not liable to you for:
(a) any loss of profit, revenue, business, opportunity, goodwill, data or savings, or any indirect, consequential, special or exemplary loss, however arising;
(b) any loss caused by a Sponsor, a third-party platform, a mobile carrier, a third-party AI provider, a public randomness or timestamping service, the Bitcoin network, or any other person or service we do not control;
(c) any loss caused by your device, connection, browser, app installation or settings, or by your failure to keep your device or account secure;
(d) any loss caused by your breach of the Terms; or
(e) anything Shona says, subject to clause 5 and clause 14.
15.4 To the maximum extent permitted by law, our total liability to you arising out of or in connection with the Terms or the Service, in contract, tort (including negligence), under statute or otherwise, is limited:
(a) in relation to a prize, to the stated value of that prize as set out in the Schedule for the relevant draw (or to providing a substitute prize of equal or greater stated value under the Competition Terms); and
(b) in relation to everything else, to NZ$100 in aggregate in any 12-month period.
Note for the lawyer: is the NZ$100 aggregate cap in 15.4(b) defensible under the unfair contract terms provisions of the Fair Trading Act 1986 (sections 26A to 26E and 46H to 46M) for a free consumer service? The justification is that the Service is free and the prize limb in 15.4(a) covers the only thing of value a player receives. Please advise whether to raise, remove, or reword it, and whether the "12-month aggregate" wording should go.
15.5 The limitations in clauses 15.3 and 15.4 do not apply to liability for death or personal injury caused by our negligence, for fraud, or for any liability that cannot be limited by law.
15.6 Each Sponsor, each of our related companies, and our directors, employees, contractors and AI platform providers may rely on clauses 5, 6, 13, 14, 15 and 16 as if they were parties to the Terms, under subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.
16. Your responsibility to us
16.1 If you breach clause 9 (acceptable use) or use the Service fraudulently, you agree to compensate us and our Sponsors for the reasonable and direct loss, cost and expense (including reasonable legal costs and the value of any prize obtained by fraud) that we or they suffer as a result of that breach, to the extent the loss was caused by your breach. This clause does not apply to ordinary, good-faith use of the Service, and it does not make you responsible for loss caused by us.
Note for the lawyer: is this indemnity, limited to breach and fraud and to direct loss, acceptable under the unfair contract terms regime, or should it be reduced to a statement of our right to recover loss at law?
17. Suspension and termination
17.1 By you. You can stop using the Service and close your account at any time (clause 3.8).
17.2 By us, for cause. We may suspend or close your account immediately if we reasonably believe that you have breached clause 2 or clause 9, committed fraud, or put the Service, other players or a Sponsor at risk, or if the law requires it. We will tell you the reason, unless doing so would compromise an investigation or breach the law, and you may ask us to review the decision.
17.3 By us, otherwise. We may also close your account for another reason on at least 14 days' notice, for example if we close the Service or your region. If we do this, entries already sealed in a draw remain valid and any prize you have won can still be claimed within its claim window.
17.4 Effect. When your account closes, your licence to use the Service ends and we may delete Your Content, subject to the Privacy Policy and our legal obligations. Clauses that by their nature should continue (including clauses 6, 10.2, 11, 14, 15, 16, 19 and 20) continue.
18. Changes to these Terms
18.1 We may change these Terms of Use. If we make a change that materially affects you, we will give at least 14 days' notice by a notice on the site, in the app or by message before it takes effect, unless the change is needed sooner for legal or security reasons, in which case we will tell you as soon as we can. Continuing to use the Service after a change takes effect means you accept it. If you do not accept a change, close your account before it takes effect.
18.2 No change to the Terms alters the Competition Terms or the Schedule for a draw that has already opened. The Competition Terms set out that rule.
18.3 The current version and its date are always shown at myshout.nz/terms. We keep previous versions and will provide them on request.
19. Events outside our control
19.1 We are not in breach of the Terms, and are not liable to you, for any failure or delay in performing our obligations caused by an event outside our reasonable control, including a failure of internet, telecommunications, cloud or hosting services, a failure or unavailability of the drand randomness beacon, the OpenTimestamps calendars or the Bitcoin network, a cyber attack, a natural disaster, an epidemic, a government action, an industrial dispute, or a Sponsor's insolvency or closure. Where such an event affects a draw, the Competition Terms say what happens to that draw.
20. Disputes and governing law
20.1 If you have a complaint, contact us first at [contact email]. Tell us what happened and what you would like us to do. We will acknowledge your complaint within 2 working days and aim to respond substantively within 10 working days.
20.2 The Terms are governed by New Zealand law. You and we submit to the non-exclusive jurisdiction of the New Zealand courts. Nothing in this clause prevents you from taking a claim to the Disputes Tribunal of New Zealand where it has jurisdiction, or from complaining to the Commerce Commission, the Office of the Privacy Commissioner, the Department of Internal Affairs or any other regulator.
21. General
21.1 The Terms are the whole agreement between you and us about the Service. This does not exclude any liability for statements that cannot be excluded by law.
21.2 If any part of the Terms is unenforceable, that part is severed and the rest continues to apply.
21.3 If we do not enforce a right, that is not a waiver of it.
21.4 You may not transfer your account or any right under the Terms to anyone else. We may transfer our rights and obligations to a related company or to a buyer of the Service, provided your rights are not reduced. We will tell you if we do.
21.5 Notices from us are given on the site, in the app, by text to your verified mobile number or by email to an address you have given us. Notices to us go to [contact email] or to our registered office.
21.6 Nothing in the Terms creates a partnership, employment or agency relationship between you and us, or between us and any Sponsor.
22. Definitions
Anytime Quiz, Live Game, Deal, Sponsor, Service, Your Content have the meanings given above. Competition Terms means the My Shout Competition Terms as published at myshout.nz/competition-terms. Schedule means the particulars published for a specific draw under the Competition Terms. Privacy Policy means the My Shout Privacy Policy at myshout.nz/privacy. Related company has the meaning in section 2(3) of the Companies Act 1993. Working day has the meaning in the Legislation Act 2019.
23. Contact
NetPotential Limited, trading as Growth Spurt [insert address], Auckland, New Zealand [contact email] myshout.nz