Ooni “Win the Value of Your Order” Terms & Conditions
1. About these terms
1.1 What these terms cover. These are the terms and conditions for taking part in our “Win the Value of Your Order” promotion (the 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 09.00 (Central European Time) on 20 November 2023 to 23.59 (Central European Time) on 28 November 2023 (Promotion Period).
4.1 Who is eligible to enter the Promotion. To enter the Promotion you must:
a) be a resident of the Canada (excluding Quebec), European Union, the United Kingdom, the United States of America, Australia, or New Zealand;
b) have reached the legal age of majority in the jurisdiction in which you are resident;
c) be subscribed to the Ooni newsletter and have provided us with a consent to receive marketing communications during the Promotion Period, and the subscription and marketing consent must be current on the date of any prize draw or substitute prize draw referred to 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: entering their email address in the relevant pop-up that appears on ooni.com during the Promotion Period and accepting these Terms and Conditions (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.
5.4 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. The prize is a refund on the product price of the highest value purchase you have made on Ooni.com in the 30 calendar days before the end of the Promotion Period using the email address that you used to register for this promotion up to a maximum of £1,200/ US$1,500/ AU$2,300/ NZ$2,500/ €1,200/CA$2,000 (Prize). Note that the refund will be on the cost of the product only, and will not cover any delivery costs, sales tax, value added tax, or any other tax or fee.
6.2 Approximate retail value of the prize. The approximate retail value of the prize is £1,200/ US$1,500/ AU$2,300/ NZ$2,500/ €1,200/ CA$2,000 depending on the currency in which you purchased your relevant product.
6.3 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.
6.4 Odds of winning. The odds of winning a prize depend on the number of Entries received.
7. How the prize draw works
Date of prize draw. Promptly following the end of the Promotion Period, we will conduct a randomised computer draw from eligible Entries received during the Promotional Period. Three Entries will be selected and each selected Entrant will be declared a winner (Winner).
8. Notification of the Winners
8.1 Notification & Validation of Winners. Each Winner will be contacted by email promptly following selection (the Notification Message). Each Winner will have one calendar week to claim their prize following the date of the Notification Message (or such longer time as we may allow in our absolute discretion). Each Winner must reply to the Notification Message to claim their prize.
8.2 Verification of Winners and Skills Tests
a) We reserve the right to verify the identity of any Winner and/ or confirm that any Winner is an Eligible Participant by requesting (amongst other things) copies of a Winner's passport or driving licence and/or a proof of their address.
b) Where the Winner is a resident of the United States of America we may also require that Winner to complete, sign and return to us certain verification documents ("Verification Documents") including an affidavit or declaration of eligibility, a liability release, any relevant tax forms and, where applicable, a publicity release. Where we make this request, the relevant Winner will have 5 days from notification to provide the duly completed Verification Documents to us (or such longer period as we may permit in our absolute discretion). Failure to provide the duly completed Verification Documents to us within 5 days (or such longer period as we may permit in our absolute discretion) may result in that Winner being disqualified from the Promotion.
c) Where a Winner is a resident of Canada (a "Canadian Potential Winner"), that Canadian Potential Winner will be deemed not to be a Winner unless they are able to correctly answer a ‘skill-testing’ question to be set by us in our absolute discretion (the "Skill Test"). The Skill Test will be administered by us (or a representative of ours) at a mutually convenient time. It must be answered by the Canadian Potential Winner without the use of any calculator, computer or other mechanical device. If the Canadian Potential Winner correctly answers the Skill Test they will be deemed to be the Winner (or, where applicable, a Winner). If the Entrant fails the Skill Test, the procedures set out in clause 8.4 below will apply.
8.3 Disputes as to the identity of a 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.
8.4 If a Winner does not collect their prize or is determined to be ineligible. If a Winner (First Winner):
a) does not respond within one calendar week to the Notification Message (or such longer time as we may allow in our absolute discretion);
b) fails the verification processes set out in clause 8.2 above;
c) is a Canadian Potential Winner and fails the Skills Test;
d) rejects their Prize; or
e) 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 a 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 three First Winners 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 Delivery of Prize(s)
a) Unless we notify you otherwise, the Prize will be provided to each relevant Winner within 60 calendar days of that Winner:
i) being determined to an eligible Entrant and eligible to receive their Prize; and
ii) If the Winner is a Canadian Potential Winner, passing the Skills Test;
iii) satisfying any of the verification processes set out in Clause 8.2;
8.7 Taxes and customs charges. To the fullest extent permitted by law, we are not 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 a Winner due to customs or other local regulations, or which 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 United States provisions. This clause 9.3 applies in the United States only, by participating in this Promotion, you agree (and agree to confirm in writing): (a) that we are not liable for any Loss which is suffered or sustained (whether or not arising from any person’s negligence) in connection with the Promotion, the fulfilment of the Prize and/ or the use of the Prize, except for any liability which cannot be excluded by law in which case that liability is limited to the minimum allowable by law; (b) that to the maximum extent permitted by law, that all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; (b) to release, defend, indemnify and hold us (and our employees, officers, directors, agents or other representatives (and in each case our successors and assigns) harmless from and against liability, Loss, claim or cause of action, including, but not limited to, injury, death or damages arising out of participation in this Promotion or the acceptance, possession, use or misuse of any Prize received in this Promotion and (c) to waive all rights to claim punitive, indirect, incidental and consequential damages, attorneys’ fees, court costs, or any damages other than actual out-of-pocket costs incurred to enter, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO APPLICABLE PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
9.4 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 Winners 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
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 each Winner to anyone who emails email@example.com 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 firstname.lastname@example.org. 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 Italian provisions. This clause 11.10 applies to Entrants in Italy only, Italian residents enter this Promotion in accordance with EU Directive 2000/31/CE and the FAQ No. 6 published by the Italian ‘Department of Business and Made in Italy’, provided that Italian law applies where it is required by law to do so to consumer protection and Italian tax matters.
11.10 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.