These Terms and Conditions ("Terms") are applicable to the promotion ("Promotion") as set forth in Articles 3 and 4 which is offered by H.J. Heinz Foods UK Ltd having its registered office in The Shard, 32 London Bridge Street, London, SE1 9SG and/or one of its affiliated companies (collectively referred to herein as "Heinz"). The Promotion is held in partnership with Clements Create who will be handling the fulfilment of the prizes to the winners using an external shipping agency. By participating in the Promotion you unconditionally agree to the applicability of these Terms and any general terms of social media platforms including but not limited to Facebook – which may remain fully applicable in addition to these Terms.
Article 1 – General
1.1 Entry is open to residents of UK who are at least 16 (sixteen) years of age at the time of entry.
1.2 Persons younger than 16 (sixteen) years of age require parental consent or consent of a legal guardian in order to participate in the Promotion.
1.3 Anyone directly professionally connected to the selection of the winner(s) of the Promotion is ineligible to enter this Promotion.
1.4 There is a limit of 1 entry/entries per person.
1.6 Heinz is entitled to modify these Terms during the Promotion Period without prior notice to participants.
1.7 Modifications of these Terms by Heinz will be published on Heinz's website (https://heinztohome.co.uk/) where you have the ability to save and/or print a copy of the Terms.
1.8 This Promotion is in no way sponsored, endorsed or administered by, or associated with TikTok.
Article 2 – Data
2.1 To enter the competition and enable Heinz to communicate with you, you can be asked to provide personal data to Heinz (e.g. name, (e-mail) address, (mobile) phone number).
2.2 You guarantee that all the information provided by you is correct, accurate and complete. Entries with incorrect information will not be participating in the Promotion.
2.5 Heinz can collect and process personal data for the following purposes:
a. to carry out obligations arising from any agreements entered into between you and Heinz;
b. to carry out any other (legal) obligations;
c. to provide you with information, products or services that you request from Heinz or which Heinz thinks may interest you, where you have explicitly consented to be contacted for such purpose, in particular regarding the Promotion, other promotional games of chance or special offers; or
d. to deliver the available prize to the winner.
2.6 Heinz will take all appropriate security measures to protect your personal data against loss, damage or unlawful or unauthorized processing.
2.7 You are entitled to make a formal request for the information that Heinz holds about you. Furthermore, you have the right to require Heinz to modify or delete personal data. You can exercise these rights at any time by contacting Heinz's customer service, see Article 9 for contact details.
2.8 Personal and computer data can be connected to a computer or an IP (Internet Protocol) address to make it easier for you to require information from Heinz or to participate in future promotional games of chance. Only computer data, not being personal data, shall be used for tailoring promotional games of chance to your preferences.
2.9 When parental consent or consent of a legal guardian has been given for participation by persons younger than 16 (sixteen) years, Heinz shall only use personal data needed for participation in the Promotion.
Article 3 – Prize [Limited Edition Christmas Dinner Big Soup can]
• As a participant in the Promotion you can win one (1) Limited Edition Christmas Dinner Big Soup can. This means that the winner will receive this prize (hereinafter referred to as the “Prize” which includes the plural where appropriate) and can use the Prize for non-commercial purposes. There are 5 Prizes to be won in total in the Promotion.
Article 4 – Promotion
4.1 The promotion will run on Heinz UK TikTok (@HeinzUK) platform (the “Account”). During the Promotion Period the Accounts will post an announcement of the competition. To enter the contest, an entrant must follow the Account and comment to the specified post tagging another TikTok user (300 characters maximum, including spaces).
Entries on the Social Media Platforms must be publicly viewable and remain posted until the end of the Contest Period, otherwise the Entry will be deemed ineligible. Winners must follow the platform to be contacted if they have won.
4.2 This promotion will run from 4:00pm 11th November 2021 to 12pm 18th November 2021 (the "Promotion Period").
4.3 All competition entries must be received by Heinz by no later than 11.59am 18th November 2021. All entries received after this moment are automatically void.
4.4 Winners will be selected at random from all valid entries via an independently verified, randomized computer process within three working days of the closing date in paragraph 4.3 and will be contacted by the Heinz UK account via direct message from the 20th November 2021. To accept the Prize, winners must reply to the message within 48 hours of the message being sent, confirming that:
a. they accept the Prize in accordance with the message and confirmation that they give their consent to process their data to enable the facilitation of the Prize.
b. Heinz's decision is final and binding and no correspondence will be entered into.
4.5 The winner of the Promotion will be announced by telephone and/or by mail and/or by e-mail using the contact information given by you at the time of entry within 14 calendar days
4.6 Winners can only enter once on each Account (and win once) during the Promotion Period. Multiple entries shall be invalid.
4.7 The Prize is personal to the winner. The Prize cannot be returned, is non-assignable and non-transferable.
4.8 The Prize will be sent to the address given at the time of entry and within 6 (six) weeks after the end of the Promotion Period.
4.9 Heinz will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, Heinz reserves the right to offer the Prize to a new selected winner.
4.10 Heinz reserves the right to offer an alternative Prize of equal or greater value should the original Prize offered become unavailable for reasons beyond its control.
4.11 Prizes will be delivered only to an address in the UK.
4.12 Any betting and gaming taxes or levies due upon the award of the Prize pursuant to the tax laws of the jurisdiction where a taxable event for such tax purposes is deemed to take place will be borne by Heinz to the extent permitted by law. All forms of other foreign, domestic or local taxes (including but not limited to individual income taxes) that may be imposed or assessed by any relevant jurisdiction as a result of participation of the Promotion or the award of Prize(s) shall be borne by and for the account of the relevant winner of the Prize(s) and/or the participant.
Article 5 – Shipping costs of Prize
5.1 All reasonably incurred costs related to shipment of the Prize (including VAT) will be paid by Heinz.
5.2 The Prize will be sent to the address given at the time of entry within 4 (four) weeks after the end of the Promotion.
Article 6 – Liability
6.1 You agree that participation in the Promotion is at your own risk.
6.2 You declare that you are the sole owner of the intellectual property rights of all materials and information, such as but not limited to copyright, designs, recipes and pictures and irrespective of the method of submission (e.g. orally, electronically or in writing), submitted to Heinz in connection with the Promotion ("Materials"). You also declare that the Materials do not infringe any third party rights and are not otherwise unlawful. You indemnify Heinz for any third party claims regarding the Materials.
6.3 In the event that Materials infringe any third part rights or is otherwise unlawful, Heinz is entitled to disqualify your entry and to hold you liable for any damages caused as a result.
6.4 Heinz will in any circumstances not be responsible or liable for any Promotion entries and any Materials.
6.5 Heinz will in any circumstances not accept any liability for any loss or damage, direct and/or indirect, in connection with the Promotion, including but not limited to:
a. the Prize sent by Heinz;
b. the cancellation, interruption, or alteration of the Promotion;
c. the unlawful use of any used systems by third parties.
Article 7 – Intellectual property
7.1 "Intellectual Property” means any patents, patentable rights, rights in inventions, utility models, plant varieties, moral rights, personality rights, trademarks, trade dress, goodwill, business names, company names, domain names, copyright, design rights, rights in data, database rights, rights in know-how, specifications, recipe formulations, trade secrets and all other intellectual and industrial property and similar or analogous rights existing under the laws of any country (whether or not registered, whether present, future or contingent, and including without limitation all renewals, extensions, revivals or accrued rights of action) and all pending applications for and right to apply for or register the same.
7.2 Intellectual Property, including but not limited to copyrights are the sole and exclusive property of Heinz and shall vest in Heinz.
7.3 To the extent legal title to all such Intellectual Property does not automatically vest in Heinz, you hereby transfer and assign to Heinz which transfer and assignment is hereby accepted all worldwide right, title and interest in and to any such Intellectual Property.
7.4 In so far as possible by law, you hereby waive and agree never to assert against Heinz Intellectual Property to claim authorship, object or prevent modification, or control the publication or distribution with respect to any works protected by Intellectual Property.
7.5 To be complete, Heinz or its sublicencee is entitled to shorten, alter or remove any Materials in its sole discretion without (prior) notice and/or consent by you.
7.6 By participation in the Promotion you give Heinz the right to use your name and/or Materials on, included without limitation:
a. Prize; and/or
b. Heinz’s website and social network pages including but not limited to Twitter, Instagram and Pinterest.
7.7 Hyperlinking to the Promotion is permitted provided that the following conditions are held:
a. A hyperlink can only be used to link to the homepage of the Promotion;
b. Advertisements, copyright notices and other notifications on the homepage of the Promotion are not hidden;
c. Suggesting or mentioning that Heinz sponsors or supports your website is not allowed;
d. Hyperlinks are removed promptly if requested by Heinz.
Please also check the applicable conditions of your website provider.
Article 8 – Rights of Heinz
8.1 Heinz reserves the right to disqualify any entry which has not been made in compliance with these Terms or any applicable legal obligation, without prior notice and to its own discretion, without being liable for any possible damages. Heinz's decision will be final and binding in all matters and no correspondence will be entered into.
8.2 Heinz reserves the right to select (an) alternative winner(s) in the event that any winner(s) have/has contravened any of these Terms.
8.3 Heinz reserves the right to cancel, suspend, or amend the Promotion without prior notice and at its own discretion, without being liable for any possible damages, to the extent permitted by applicable law.
8.4 The Promotion entry and any accompanying material can be used for private use without prior consent by Heinz.
8.5 Unauthorized modification of software applications used for the Promotion without prior consent by Heinz ('hacking') is prohibited. Heinz will hold you liable for any damage suffered by Heinz in this respect.
8.6 The Promotion or the Prize may not be used to:
a. voice political, religious, violent, sexual or racist opinions which are unlawful or are contrary to good morals;
b. offend, tease, discriminate or make any sexual allusion;
c. place harmful software (e.g. viruses or worms) on Heinz's software;
d. damage Heinz's good name;
e. infringe the (intellectual property) rights of third parties.
Article 9 – Contact Details
9.1 If you have any queries, remarks or complaints on the Promotion or these Terms, please contact:
H.J. Heinz Foods UK Ltd
The Shard, 32 London Bridge, SE1 9SG
Consumer Services UK - firstname.lastname@example.org
Article 10 – Miscellaneous
10.1 If and to the extent that any provisions of these Terms are not legally valid or are declared void or unenforceable by any court, the other provisions of these Terms shall not be effected.
10.2 These Terms shall be governed by the laws of England & Wales.
10.3 All disputes arising in connection with these Terms and/or the Terms shall be submitted to the exclusive jurisdiction of the courts of England & Wales.