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.
2. Promoter
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 (GMT) on 20 November 2024 to 23.59 (GMT) on 2 December 2024 (Promotion Period).
4. Eligibility
4.1 Who is eligible to enter the Promotion. To enter the Promotion you must:
- a) be a resident of the 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 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 (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 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. One Entry will be selected and the 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.
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) rejects their Prize; or
- d) 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) 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 applies in the United States only. By participating in this Promotion, you agree:
- (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;
- (b) to waive all rights to claim punitive, indirect, incidental, or consequential damages, attorneys’ fees, or court costs, unless prohibited by law.
10. How we may use your personal information
10.1 Privacy. We will use any data submitted by Entrants only for the purposes of running the Promotion. By entering this Promotion, all Entrants consent to the collection and processing of their personal data by the Promoter for the purposes of the administration of this Promotion according to our privacy policy available at our privacy policy.
11. Governing law and jurisdiction
11.1 Governing law. These terms and conditions are governed by the laws of Germany, and the courts of Germany shall have exclusive jurisdiction.