Pizza Oven 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 US 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 Inc, a corporation registered in Delaware with company file number 6453548.
3. PROMOTION PERIOD
The Promotion Period. The Promotion will run from 11.59am (Central Time) on 5 May 2023 to 11:59am (Central Time) on 12 May 2023 (Promotion Period).
4.1 Who is eligible to enter the Promotion. To enter the Promotion you must:
(a) be a resident of Canada (excluding Quebec) or the United States;
(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 the @oonihq 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) liking the Instagram post that refers to the Promotion and is published on @oonihq on the first day of the Promotion Period;
(b) commenting on the Instagram post; and
(c) tagging a friend in the comment (together an Entry).
An Entrant means an Eligible Participant who has submitted a properly completed Entry.
5.2 Entry limits. Eligible Participants may enter the promotion multiple times, by commenting on the Instagram post and tagging a friend in the comment. Each additional comment will count as one additional Entry. There is no need to ‘re-like’ the Instagram post to earn additional Entries.
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 consists of: (a) an Ooni Karu 16 Multi-Fuel Pizza Oven; (b) an Ooni Perforated Pizza Peel (14”); (c) an Ooni Turning Peel; (d) an Ooni Bamboo Peel (14”); (e) a Gas Burner for Ooni Karu 16; (f) an Ooni Modular Table - Large; (g) an Ooni Pizza Topping Station; (h) an Ooni IR Thermometer; (i) an Ooni Cutter Wheel; (j) an Ooni Dough Box; (k) one pack of Ooni Dough Balls; (l) one pack of Cup & Char Pepperoni; (m) one pack of Bianco DiNapoli Crushed Tomatoes; (n) one pack of Mike’s Hot Honey: (o) one pack of Greek Oregano Bouquet; and (p) one pack of Caputo Semola Flour (together the Prize).
6.2 Approximate retail value of the prize. The approximate retail value of the prize is US$1,830.
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. On or about 16 May 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).
8. NOTIFICATION OF THE WINNER
8.1 Notification & Validation of Winner. The Winner will be contacted by Instagram direct message within ten business days of selection (the Notification Message). The Winner will have five business days to claim their prize following the date of the Notification Message (or such longer time as we may allow in our absolute discretion). The Winner must reply to the Notification Message to claim their prize.
8.2 Verification of Winner.
(a) We reserve the right to verify the identity of any Winner 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 the 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 7 calendar days from notification to provide the
duly completed Verification Documents to us. Failure to provide the duly completed Verification Documents to us within 7 calendar days 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 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 (as
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 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 the Winner (First Winner):
(a) does not respond within five business days to the Notification Message (or such
longer time as we may allow in our absolute discretion);
(b) rejects their Prize; or
(c) 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).
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. The Prize will be delivered by post or courier within 60 days of us confirming the Winner’s eligibility and the 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 the Prize 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 the Prize (or a portion thereof). 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.
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. 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 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
(a) Any personal information that we collect in relation to this Promotion will be processed in
(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 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 Texas, and the courts of Austin, Texas shall have exclusive jurisdiction to settle any dispute relating to them.