Culley's X Ooni Giveaway T's & C's.
- About these terms
- What these terms cover. These are the terms and conditions for taking part in our Culley’s x Ooni promotion (Promotion).
- Why you should read them. Please read these terms carefully before entering the Promotion. They tell you who we are, how the Promotion works and other important information.
- Your agreement. By submitting an Entry (as defined below) to the Promotion you agree to these terms and conditions.
Who we are. We are Culley’s Limited 177 Morrin Road, St Johns Auckland 1072 (“Promoter”).
- Promotion period
The Promotion Period. The Promotion will run from 09.00 (New Zealand Standard Time) on 5 June 2023 to 23.59 (New Zealand Standard Time) on 18 June 2023 (Promotion Period).
- Who is eligible to enter the Promotion. To enter the Promotion you must:
- be a resident of New Zealand;
- be 18 years of age or older; and
- not be an Excluded Person as set out in paragraph 4.2 below.
If you meet each of these criteria you will be an Eligible Participant.
- Excluded persons. You cannot enter the Promotion if you are:
- an employee, officer, director, agent or other representative of the Promoter or of Ooni Pty Ltd or of either of their holding companies, subsidiaries or other affiliated companies;
- professionally connected in any way with the Promoter, Ooni Pty Ltd or this Promotion; or
- an immediate family member of, or a member of the same household as, anyone in the categories above,
(each an Excluded Person).
- Internet access. Internet access is required to enter the Promotion.
- How to enter
- Online entry. During the Promotion Period, Eligible Participants may enter the promotion by: following @culleys and @ooni.anz on Instagram and commenting your favourite pizza and Culley’s sauce combination (an Entry). An Entrant means an Eligible Participant who has submitted a properly completed Entry.
- Entry limits. Only one Entry is permitted per person.
- No purchase necessary. No purchase is necessary to enter the Promotion.
- You may be disqualified if you breach these terms and conditions. We reserve the right to disqualify any Entry or Eligible Participant where we consider that:
the Entry is incomplete, incorrect, incomprehensible, not received or does not otherwise comply with these terms and conditions;
the Eligible Participant is in breach of these terms and conditions; or
the Eligible Participant has acted fraudulently or otherwise gained an unfair advantage in the Promotion.
- Details of the prize
Details of the prize. Ooni Koda 16, Ooni Koda 16 Cover, Ooni 14" Pizza Peel, Ooni IR Thermometer and $200 worth of Culley’s sauce products (Prize).
- Approximate retail value of the prize. The approximate retail value of the prize is $1,798.97 AUD.
- Prize must be accepted as awarded. The Prize must be accepted as awarded. No substitution, cash redemption, sale or transfer of the Prize is permitted except at our sole and absolute discretion. If a Prize, or any portion thereof, cannot be awarded for any reason, we reserve the right to substitute such prize (or portion thereof) with an equivalent prize of equal or greater value.
- Odds of winning. The odds of winning a prize depend on the number of Entries received.
- How the prize draw works
Date of prize draw. On 19 June 2023, we will conduct a randomised computer draw from eligible Entries received during the Promotional Period. One Entry will be selected and the Entrant will be declared the winner (Winner).
- Notification of the Winner
- Notification & Validation of Winner. The Winner will be contacted by Instagram within 5 business days from selection (the Notification Message). The Winner will have 7 days to claim their prize following the Notification Message (or such additional period of time as we may permit in our absolute discretion). The Winner must reply to the Notification Message.
- Verification of Winner. We reserve the right to verify the identity of the Winner by requesting (amongst other things) copies of the Winner's passport or driving licence and/or a proof of their address.
Where local regulations or practices require (or give us reasonable grounds for doing so), we may also require the Winner to complete, sign and return to us certain verification documents (Verification Documents) including an affidavit or declaration of eligibility, a liability release, and any relevant tax forms. Where we make this request, the Winner will have 5 days from notification to provide the duly completed Verification Documents to us. Failure to provide the duly completed Verification Documents to us within 5 days may result in the Winner being disqualified from the Promotion.
- Disputes as to the identity of the Winner. If there is a dispute about the identity of a person that has submitted an Entry, the Entry will be deemed to have been made by the person in whose name the Entry purports to have been made.
- If the Winner does not collect their prize or is determined to be ineligible. If the Winner (First Winner):
- does not respond within 7 days days to the Notification Message (or such additional period of time as we may permit in our absolute discretion);
- rejects their Prize; or
- is otherwise determined to be ineligible for the Prize,
we will select another winner (Reserve Winner) using a randomised computer, and the Reserve Winner will be deemed to be the Winner. This process will, if necessary, repeat three times to find an Entrant who is able and eligible to claim the Prize. After that, if no Entrant is able and eligible to claim the Prize, we may determine that the Prize shall be forfeited and left unclaimed. We may carry out each of the randomized draws at the same time, so that the First Winner and each of the Reserve Winners are drawn at the same time and the Reserve Winners held in reserve (in the order in which they are drawn) until they are required (if at all).
- Contact details. It is your responsibility to provide us with correct and complete contact details when submitting your Entry. Failure to do so may result in us not being able to contact you and in your winning Entry being disqualified.
- Prize delivery. The Prize will be delivered by post or courier within 30 days of us confirming the Winner’s eligibility and the Winner satisfying the verification steps described at Clause 8.2 above. We or Ooni Pty Ltd may choose the delivery method of all prizes at our absolute discretion. Note that the Prize will only be delivered to locations that Ooni Pty Ltd ships to (which can be found on www.au.ooni.com).
- Taxes. To the fullest extent permitted by law, we shall not be responsible for any taxes, customs charges or other costs required for or related to receiving the Prize. We will not compensate any prize that cannot be redeemed or received by the Winner due to customs or other local regulations or that is damaged, delayed or lost by postal, courier or other mail service.
- Limits on our liability
- If your Entry is lost. We are not responsible for any Entry, or other communication with us, that is lost, mislaid, damaged, delayed in transit, stolen, incomplete, illegible, garbled, destroyed, misdirected, not-delivered or not received by us for any reason whatsoever.] We will not accept proof of posting or transmission as proof of receipt of an Entry or any other communication with us.
- Promoter not liable. Insofar as we are permitted by law, neither we nor Ooni Pty Ltd nor either of our employees, officers, directors, agents or other representatives will be liable to compensate you for (or accept any liability for) any loss, expense, damage, personal injury or death (Loss) occurring as a result of your participation in this Promotion (including, if applicable, your taking up of any Prize). In these terms and conditions, Loss includes any indirect, special or consequential loss, or loss of profits. Your statutory rights are not affected.
- Force majeure. If we are unable to run the Promotion as planned, (including as a result of viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, legal restrictions or requirements, social media requirements, pandemic, epidemic, war, strikes, acts of God, or any other causes beyond our control), or if this Promotion is compromised or becomes corrupted in any way (whether electronically or otherwise), we reserve the right to modify, suspend and/or terminate the Promotion. If the Promotion is terminated before the end of the Promotion Period, we may select the Winner in a random draw from among all eligible Entries received as of the time and date of termination. Thereafter, we reserve the right to accept no further entries and award no further prizes.
- How we may use your personal information
- Notwithstanding paragraph (a) above, by entering this Promotion, you agree that we may store, share and use your personal information for the purpose of administering the Promotion (and we draw your attention in particular to clause 11.1 below). [We may also transfer your personal data to Ooni Pty Ltd or Ooni Limited].
- Other important terms
- Application of local laws. The Promotion is subject to all applicable law and regulation.
- We may transfer this agreement to someone else. We may transfer our rights and/ or obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under these terms.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Governing law and jurisdiction.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.