Ooni Day 2023 EU Giveaway: Terms & Conditions
1. About these terms
1.1 What these terms cover. These are the terms and conditions for taking part in our Ooni Day 2023 EU Giveaway promotion (Promotion).
1.2 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.
1.3 Your agreement. By submitting an Entry (as defined below) to the Promotion you agree to these terms and conditions.
Who we are. We are Ooni Gmbh, a corporation registered in Germany. We are the promoter (Promoter). Our Commercial Registration ID Number is HRB98327.
3. Promotion period
The Promotion Period. The Promotion will run from 12.00 (Brussels time) on 5 May 2023 to 23.59 (Brussels time) on 10 May 2023 (Promotion Period).
4.1 Who is eligible to enter the Promotion. To enter the Promotion you must:
(a) be a resident of the European Union;
(b) have reached the legal age of majority in the jurisdiction in which you are resident;
(c) have a public Instagram account, with privacy settings that allow us to verify your eligibility and your Entry, and be following either @ooni.it, @ooni.fr or @oonide on the date of any randomized computer draw referred to in Clause 7 below; and
(d) 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.
4.2 Excluded persons. You cannot enter the Promotion if you are:
(a) an employee, officer, director, agent or other representative of the Promoter or of its holding company, subsidiaries or other affiliated companies;
(b) professionally connected in any way with the Promoter or this Promotion; or
(c) an immediate family member of, or a member of the same household as, anyone in the categories above,
(each an Excluded Person).
4.3 Internet access. Internet access is required to enter the Promotion.
5. How to enter
5.1 Online entry. During the Promotion Period, Eligible Participants may enter the promotion by:
(a) commenting on the Instagram post that refers to the Promotion and is published on @ooni.fr, @ooni.it or @oonide on the first day of the Promotion Period (to avoid doubt, substantially similar Instagram posts will be posted on @ooni.fr, @ooni.it and @oonide on the first day of the Promotion Period, but Eligible Participants need only comment on one of the Instagram posts);
(b) tagging @oonihq in the comment; and
(c) tagging @ooni.fr, @ooni.it or @oonide in the comment, as follows:
(i) if Eligible Participants are commenting on the @ooni.fr Instagram post, tagging @ooni.fr in the comment (such Entry an @Ooni.fr Entry);
(ii) if Eligible Participants are commenting on the @ooni.it Instagram post, tagging @ooni.it in the comment (such entry an @Ooni.it Entry); or
(iii) if Eligible Participants are commenting on the @oonide Instagram post, tagging @oonide in the comment (such entry an @Oonide Entry),
(the @Ooni.fr, @Ooni.it and @Oonide Entries are each an Entry). An Entrant means an Eligible Participant who has submitted a properly completed Entry.
5.2 Entry limits. Only one Entry is permitted per person.
5.3 No purchase necessary. No purchase is necessary to enter the Promotion.
5. 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:
(a) the Entry is incomplete, incorrect, incomprehensible, not received or does not otherwise comply with these terms and conditions;
(b) the Eligible Participant is in breach of these terms and conditions; or
(c) the Eligible Participant has acted fraudulently or otherwise gained an unfair advantage in the Promotion.
6. Details of the prize
6.1 Details of the prize. There will be four prizes (each a Prize) each of which will consist of an Ooni Karu 16 Essentials Bundle (comprising of an Ooni Karu 16 Multi-Fuel Pizza Oven, an Ooni Pizza Peel (14”), a Cover for Ooni Karu 16, and a Gas Burner for Ooni Karu 16).
6.2 Approximate retail value of the prize. The approximate retail value of each Prize is €1,040.00.
6.3 Prize must be accepted as awarded. Each Prize must be accepted as awarded. No substitution, cash redemption, sale or transfer of a 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.
6.4 Odds of winning. The odds of winning a Prize depend on the number of Entries received.
7. How the prize draw works
7.1 Date of prize draw. On or about 11 May 2023, we will conduct a randomised computer draw from eligible Entries received during the Promotional Period. Four Entries will be selected as follows:
(a) one @Ooni.fr Entry will be selected;
(b) one @Ooni.it Entry will be selected;
(c) one @Oonide Entry will be selected; and
(d) one further Entry (selected from all Entries, other than the Entries already selected pursuant to paragraph (a) to (c) above) will be selected.
7.2 Winner. Each Entrant that submitted a selected Entry will be declared a winner (a Winner).
8. Notification of the Winner
8.1 Notification & Validation of Winner. Each Winner will be contacted by Instagram direct message within ten business days of selection (the Notification Message). The Winners will have five business days to claim their Prize following the date of their Notification Message (or such longer time as we may allow in our absolute discretion). A Winner must reply to the Notification Message to claim their prize.
8.2 Verification of Winner. We reserve the right to verify the identity of any Winner by requesting (amongst other things) copies of that Winner's passport or driving licence and/or a proof of their address.
8.3 Disputes as to the identity of the Winner. If there is a dispute about the identity of a person that has submitted an winning Entry, the Entry will be deemed to have been made by the person in whose name the Entry purports to have been made.
8.4 If the Winner does not collect their prize or is determined to be ineligible. If a Winner (the First Winner):
(e) does not respond within five business days to the Notification Message (or such longer time as we may allow in our absolute discretion);
(f) rejects their Prize; or
(g) is otherwise determined to be ineligible for a Prize,
we will select another winner (Reserve Winner) using a randomised computer draw, 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. (Note that the randomised computer draw will only select from Entries eligible for the First Winner’s prize). After that, if no Entrant is able and eligible to claim the First Winner’s Prize, we may determine that the First Winner’s 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).
8.5 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.
8.6 Prize delivery. Each Prize will be delivered by post or courier within 60 days of us confirming the relevant Winner’s eligibility and the relevant Winner satisfying the verification steps described at Clause 8.2 above. We may choose the delivery method of all prizes at our sole discretion. Note that Prizes will only be delivered to locations that we ship to (which can be found on our website).
8.7 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 a Prize (or a portion thereof). We will not compensate any Prize that cannot be redeemed or received by a Winner due to customs or other local regulations or that is damaged, delayed or lost by postal, courier or other mail service.
9. Limits on our liability
9.1 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.
9.2 Promoter not liable. Insofar as we are permitted by law, neither we nor 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) except where such Loss is caused by our negligence. In these terms and conditions, Loss includes any indirect, special or consequential loss, or loss of profits. Your statutory rights are not affected.
9.3 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.
10. How we may use your personal information
(b) 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).
(c) We will only give your personal information to third parties where the law either requires or allows us to do so.
11. Other important terms
11.1 Winner’s List:
(a) In certain jurisdictions we are required to either publish or make available information that indicates that a valid award took place.
(b) Where we are required to do so, we will send the surname, jurisdiction or region of residence and, if applicable, winning Entry of the Winner to anyone who emails firstname.lastname@example.org within 3 months of the end of the Promotion Period.
(c) If you object to any or all of your surname, jurisdiction or region of residence and winning Entry being published or made available, please contact us by email to email@example.com. In these circumstances, we may still be required to provide the information and winning entry to the relevant local regulators on request.
11.2 Application of local laws. The Promotion is subject to all applicable law and regulation.
11.3 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.
11.4 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.
11.5 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.
11.6 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.
11.7 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.
11.8 Governing language. These Terms and Conditions are written in English and any translation is provided as a courtesy translation. In the event of any discrepancy between the English version and any translated version (or any dispute regarding the interpretation of any provision in the English version or translated version), the English version shall prevail and questions of interpretation shall be addressed only in the English language.
11.9 Governing law and jurisdiction. These terms and conditions and any non-contractual obligations arising out of or in connection with them shall be governed by the laws of the Federal Republic of Germany, and the courts of Germany shall have exclusive jurisdiction to settle any dispute relating to them.11. 10 Italian provisions. This clause 14.3 applies only to Entrants that are resident in Italy. Entrants resident in Italy are permitted to enter the Promotion pursuant to Directive 2000/31/EC. Italian law will continue to apply in respect of your consumer rights and certain protective tax measures. See FAQ No. 6 of the Ministry of Enterprise and Made in Italy for more details. La partecipazione al concorso da parte di utenti residenti o domiciliati in Italia è consentita in base ai principi disposti dalla dalla Direttiva UE 2000/31/Ce, fermo restando che la normativa italiana resterà applicabile per gli aspetti di tutela dei consumatori e fiscali eventualmente applicabili, come riportato anche dalla FAQ n. 6 del Ministero delle Imprese e del Made in Italy.