New Subscriber Giveaway July 2023 - Terms and Conditions

Terms and Conditions

1. PROMOTER

The Promoter is Ooni Canada, Inc. a company registered in Canada with company number 1000246600 and its registered address is at 66 Wellington Street West, Suite 4100, Toronto, Ontario, Canada, M5K 1B7.

2. ELIGIBILITY

2.1 The Promotion is open to residents of Canada (excluding Quebec) who are at least 18 years of age on the date of entry (an “Eligible Participant").

2.2 Employees of the Promoter, its subsidiaries and other group companies; agents of the Promoter; and anyone else professionally connected with this Promotion (and, in each case, their immediate family members) are not eligible to participate and will not be Eligible Participants.

2.3 In these Terms and Conditions an “Entrant” means an Eligible Participant who has submitted a duly completed Online Entry in accordance with the terms of these Terms and Conditions.

2.4 Internet access is required to enter the Promotion.

2.5 No purchase is necessary to enter the Promotion.

2.6 Eligible Participants must ensure that their participation (including the acceptance of any prize) is compliant with these Terms and Conditions and is lawful in accordance with the laws of their country of residence.

2.7 The Promotion is subject to all applicable local laws and regulations and is void where local laws or regulations prohibit such participation. It is the responsibility of the Eligible Participant to ensure that they are able to participate in the Promotion. The Promoter shall not be taken to make any representations, express or implied, as to the lawfulness of any Eligible Participant’s participation in the Promotion, or as to any other aspect of the Promotion.

3. ENTRY

3.1 Eligible Participants may enter the Promotion during the Promotion Period by:

1. a) Providing a valid email address using the pop-up that appears on ooni.com promoting the pizza accessory set giveaway;
2. b) subscribing to the Ooni email newsletter(s) referred to on the pop-up of the Promotion; and
3. c) completing the online entry form (the “Online Entry Form”) (the steps at paragraphs (a) to (c) of this Clause 3.1 being the submission of an “Entry”).

3.2 Each Eligible Participant that submits an Entry pursuant to paragraphs (a), (b) and (c) of Clause 3.1 above will gain one entry (an “Online Entry”) into the Promotion.

3.3 Eligible Participants are limited to one Online Entry per Eligible Participant.

3.4 By completing the Online Entry Form, Entrants agree to receive the Ooni email newsletter(s) referred to in the Online Entry Form. Entrants can unsubscribe from the newsletter(s) at any time.

3.5 Only one email address per Eligible Participant will be allowed to enter the Promotion.

Entries made from trade, syndicates, consumer groups or third parties will not be accepted. If it becomes apparent that a potential or actual Eligible Participant is reposting the same content multiple times or using a computer(s) to circumvent this or any other condition by, for example, the use of ‘script’, ‘brute force’ or any other automated means, that person’s entries will be disqualified and any prize award will be void.

3.6 Any Eligible Participant who makes an entry on someone else’s behalf may be disqualified at the Promoter’s sole and absolute discretion.

3.7 Incomplete, illegible, invalid or misdirected Entries will not be accepted. The Promoter takes no responsibility for entries delayed, incomplete or lost due to technical reasons or otherwise.

4. PROMOTION PERIOD

4.1 This promotion will run from 0001 [(Toronto time)] on 1st July, to 2359 [(Toronto time)] on [*insert date*], (the “Promotional Period”).

4.2 Eligible Participants that submit Entries outside of the Promotional Period will not be eligible (and will not result in an Online Entry).

5. WINNER SELECTION

On or about the date falling ten business days after the end of the Promotional Period, the Promoter will conduct a randomised computer draw from eligible Online Entries received during the Promotional Period. One (1) Online Entries will be selected as follows.

The Entrant who entered the Online Entry selected will be declared the potential winner (the “Potential Winner”).

6.WINNER NOTIFICATION

6.1 The Potential Winner will be notified by email on or about the date falling ten business days after the randomised draw referred to in Clause 5 above has been conducted.

6.2 The Potential Winner will have five business days to reply to the notification email in order to claim their prize.6. SKILLS TEST

7. SKILL TEST 

The Potential Winner will be required 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 Potential Winner without the use of any calculator, computer or other mechanical device. If the Potential Winner correctly answers the Skill Test they will be the Winner. If the Entrant fails the Skill Test, the procedures set out in Clause 8 will apply. 

8. FAILURE TO CLAIM PRIZE OR PASS SKILL TEST

8.1 If the Potential Winner (the “First Potential Winner"):

6. a) does not respond within 5 business days to the notification email referred in on Clause 6.2 above;
7. b) rejects the Winner’s Prize;
8. c) fails the Skill Test; or
9. c) is otherwise determined to be ineligible for the Winner’s Prize (including as a result of the Promoter determining that the First Winner was not an Eligible Participant),

the Promoter will select another potential winner (the “Reserve Potential Winner”) using the methodology described in Clause 5 above, and the Reserve Winner will be deemed to be the Potential Winner. This process will, if necessary, repeat three times to find an Entrant who is able and eligible to claim the Winner’s Prize. If after four rounds of selection no randomly selected Entrant is able and eligible to claim the Winner’s Prize, the Promoter may in its sole and absolute discretion determine that the Winner’s Prize shall be forfeited and left unclaimed. The Promoter may in its sole and absolute discretion carry out each of the randomized draws at the same time, such that the First Potential Winner and each of the Reserve Potential Winners are drawn at the same time and the Reserve Potential Winners held in reserve (in the order in which they are drawn) until they are required (if at all).

8.2 Entrants are encouraged to monitor their e-mail account during this time in case they are the Potential Winner.

9. PRIZE DESCRIPTION

9.1 The prize will be a gift card valued at CA$250 for use on ca.ooni.com (the “Winner’s Prize”). Please note, the Winner’s Prize will be subject to the terms and conditions applicable to gift cards generally on ca.ooni.com. 

9.2 The approximate retail value of the Winner’s Prize is CA$250.

9.3 The Winner’s Prize is subject to availability. In the event of unforeseen circumstances, the Promoter reserves the right (a) to substitute alternative prizes, or part of a prize, of equivalent or greater value and (b) in exceptional circumstances to amend or foreclose the Promotion without notice. No correspondence will be entered into.

9.4 The Winner’s Prize (and each component thereof) is non-transferrable or exchangeable, and cannot be redeemed for cash and cannot be redeemed in conjunction with any other special offer. There is no cash alternative or refund for the Winner’s Prize (or any unused portion thereof).

10. PRIZE DELIVERY

The Promoter will arrange the Winner’s Prize in a timely manner, once an eligible Winner has been selected.

11. VERIFICATION

11.1 To the fullest extent permitted by applicable laws, the Promoter reserves the right to verify all Online Entries including but not limited to asking for an Entrant’s address and identification (passport, driving license or equivalent).

11.2 The Promoter reserves the right to refuse to award the Winner’s Prize or withdraw prize entitlement and/or refuse further participation in the Promotion and disqualify an Entrant (or potential Entrant) where there are reasonable grounds to believe there has been a breach of these Terms and Conditions, the spirit of the Promotion, any instructions forming part of this Promotion’s entry requirements or otherwise where an Entrant (or potential Entrant) has gained unfair advantage in participating or won using fraudulent means.

11.3 It is the responsibility of each Entrant to provide correct, up-to-date details when entering the Promotion and on acceptance of the Winner’s Prize.

11.4 The Promoter will make available the Winner’s surname and county of residence to members of the public or regulators who request such details within 3 months of the closing date of this promotion. Entrants can object to disclosure, or request that disclosure be limited in scope by contacting marketing@ooni.com. The Promoter (or its affiliates or agents) may nevertheless disclose the information to the local authorities, if required to do so. You may request a copy of the winner’s list by emailing marketing@ooni.com.

12. LIABILITY

12.1 If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, traffic congestion, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole and absolute discretion modify or suspend the Promotion or invalidate any affected entries. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Terms and Conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligation but will always endeavor to minimise the effect to Eligible Participants or Entrants in order to avoid undue disappointment.

12.2 The Promoter, its parent company, subsidiaries, affiliates, and associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this promotion, the fulfilment of the prizes and/ or the use of the prizes, except for any liability which cannot be excluded by law (including personal injury, death and fraud) in which case that liability is limited to the minimum allowable by law.

12.3 The Promoter has no control over internet or communication networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter will not be held liable to any individual for any fraud committed by any third party nor for any event beyond its control including, but not limited to, user error and any network, computer, hardware or software failures of any kind which may restrict, delay or prevent an Eligible Participant’s entry to the Promotion.

12.4 If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.

12.5 The Promoter’s decision is final. No correspondence will be entered into.

12.6 The Promoter is not responsible for any third-party acts.

12.7 This Promotion is subject to all applicable laws and regulations.

12.8 This promotion shall be governed under the laws of the Province of Ontario, Canada.

12.9 The parties submit to the non-exclusive jurisdiction of the courts of Ontario. 

13. DATA PROTECTION

13.1 Any personal information that we collect in relation to this Promotion will be processed in accordance with our privacy policy which can be found at https://ooni.com/pages/privacy-and-terms. 

13.2 Notwithstanding clause 11.2 above, by entering this Promotion, you agree that we may store, share and use your personal information for the purpose of administering the Promotion. 

13.3 We will only give your personal information to third parties where the law either requires or allows us to do so.

14. MISCELLANEOUS

14.1 These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry instructions are deemed to form part of the Terms and Conditions and by participating, all entrants will be deemed to have accepted and be bound by the Terms and Conditions and decisions of the Promoter (as defined below), which shall be final in all matters relating to the Promotion. Please retain a copy of these Terms and Conditions for your information.