Legal terms Ramadan Chain Activation
TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) FOR THE UNILEVER FOOD SOLUTION RAMADAN CHAIN ACTIVATION (“ACTIVATION”)
BY PARTICIPATING, PARTICIPANTS ARE DEEMED TO HAVE ACCEPTED THESE FOLLOWING TERMS AND CONDITIONS. ENTRIES MUST COMPLY WITH THESE TERMS AND CONDITIONS TO BE VALID.
I. Eligibility to enter the Activation
- This Activation is carried out by Unilever Pakistan Foods Limited, Avari Plaza, Fatima Jinnah Road, Karachi 75530 (“Unilever”) and is open to the following Unilever customers: restaurant chains and quick service restaurant chains only (“Participant”) in Pakistan (the “Territory”). It is not valid for independent restaurants, hotels, quick service or caterers.
- Unilever Group Company (Unilever N.V., Unilever PLC and all companies in which either Unilever N.V. or Unilever PLC directly or indirectly own or control at least fifty percent (50%) of the voting rights exercisable in general shareholders’ meetings or exercise control over the appointment of a majority of the Board of Directors or other controlling management body) and/or related agency employees or members of their families, contractors or agents are not eligible to participate in the Activation.
- Unilever reserves the right to verify the eligibility of all Participants.
II. Activation objective
- The Participant can participate in the Activation by purchasing a minimum of 10 (ten) cases of any of the below Products that the Participant either never purchased before from Unilever and/or any of its distributors or at least not in the last three (3) months prior to this Activation:
- Knorr Batter Mix;
- Knorr Coating Mix;
- Knorr Chicken Stock Powder;
- Knorr Chicken Stock Cubes
- Knorr Lime Seasoning
- Cart D'Or Strawberry Topping
- Knorr BBQ Sauce
- The Participant shall then either choose one of the recipes provided by Unilever in order to prepare a meal which shall be part of the Participants’ Ramadan Offer in 2019 or use the Products in order to prepare an existing Ramadan dish for their Ramadan Offering in 2019 (“Ramadan LTO”). The Participant then shall offer the Ramadan LTO to its end customers during Ramadan 2019 and encourage the end customer to purchase the Ramadan LTO.
- Each Participant will receive scratch and win cards (the “Scratch Cards”) from Unilever to provide to their end customers during Ramadan 2019 where the end customers can win one free meal. For the avoidance of doubt not every end customer will be a winner. The quantity of Scratch Cards as well as the quantity of winning Scratch Cards will be agreed between the Participant and Unilever in writing prior to the Activation Period.
- Unilever will support the Participant by paying a maximum of PKR 98,000 for the meals provided free of charge to the winning end consumer (“Ramadan Activation Support”) by the Participant. The maximum Ramadan Activation Support amount to be provided by Unilever to the Participant shall be agreed up on between the Participant and Unilever in writing prior to the Activation Period.
- In order to claim the Ramadan Activation Support, the Participant shall provide the number of free meals provided to the winning end customers during Ramadan 2019 to Unilever. After verification, the Participant shall receive a debit note from any of its assigned distributors which the Participant may use for additional purchases of Unilever products (“Debit Note”).
- In case the Participant purchases 10 cases of the Products on 3 (three) consecutive months during the Activation Period, the Participant shall also receive a discount of 20% on the sales price of the Products purchased during the Activation Period in the form of a Debit Note at the end of each month for the 3 months.
- Entering the Activation is considered by itself an acceptance of these Terms and Conditions.
III. Entrance to the Activation
- The Activation will start on February 1st 2019 (“Start Date”) and ends on May 31st 2019 (“End Date”) and the period of the Activation will be known as the “Activation Period”.
- Unilever reserves the right to accept the Participant or disqualify any Participant once accepted.
- Unilever reserves the right to disqualify a Participant if it has reasonable grounds to believe that the Participant has breached these Terms and Conditions.
- Noncompliance with the Terms and Conditions of this Activation will automatically disqualify the Participant from availing the Merchandize.
- In the event that the Participant is disqualified from the Activation or is unreachable where the Participant is entitled to the Merchandize, Unilever may at its sole discretion decide what to do with the Merchandize.
- All decisions of Unilever in relation to this Activation shall be final and binding.
IV. Criteria for Participation
- The Participant must provide evidence, to the reasonable satisfaction of Unilever, that the Participant is eligible to enter this Activation and has complied with these Terms and Conditions.
- If receipts are required to enter this Activation, Unilever reserves the right to keep the original receipt, make a copy of the receipt or mark any receipts used by the Participant to enter this Activation.
- The Merchandize collection details will be communicated to the Participant by Unilever and the Participant shall sign an acknowledgement slip provided by Unilever upon collection of the Merchandize. Unilever shall not be responsible or liable for any late, lost, misdirected notification or for the Participant’s unsuccessful efforts to claim the Merchandize.
- The Merchandize is non-negotiable, non-transferable and will not be substituted for cash or assigned to any other person for any reason whatsoever. The Merchandize shall be accepted entirely at the risk of the Participant and Unilever excludes all warranties in connection with the Merchandize to the extent permitted by law.
- In the event that the Participant fails to collect the Merchandize or to prove his or her identity or fails to accept these Terms and Conditions, the Participant shall be deemed to have forfeited the Merchandize without any further claims against Unilever.
- The Participant agrees to complete and execute any documentation required by Unilever, its representatives and affiliates or anyone on their behalf in order to give effect to the Participation in the Activation including but not limited to certificate/affidavit of eligibility, liability release or any other document as requested by Unilever at its sole discretion. Failure by the Participant to provide completed documents within the time specified by the relevant requests of Unilever or failure to execute any other obligation specified in the present rules or requests of Unilever may result in disqualification.
- The right to receive the Merchandize shall be forfeited if the Participant has not executed any obligations or has not met any requirements under the Terms and Conditions and applicable laws.
V. Activation entity
This Activation is administered by Unilever Pakistan Foods Limited, Unilever Food Solutions Team, Avari Plaza, Fatima Jinnah Road, Karachi 75530, Pakistan.
VI. Intellectual Property
The Participant acknowledges that all copyrights, trademarks, logos, and other intellectual property rights in the artwork, graphics, text, video and audio clips and other content on the Activation (“Content”) are owned by Unilever and the Participant hereby agree that he or she will not reproduce or otherwise use any such intellectual property rights, in whole or in part, for any reason whatsoever.
VII. Force Majeure
Unilever may cancel, modify or suspend the Activation for causes outside Unilever’s reasonable control or by any force majeure including but not limited to actions, regulations, orders, or requests by any governmental or quasi-governmental entity, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared) fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labour dispute or strike (whether legal or illegal), labour or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond Unilever’s sole and reasonable control.
VIII. Limitation of Liability
- Neither Unilever nor any of its respective parents, subsidiaries, affiliates, advertising and Activation agencies, legal and financial advisors, any and all other companies associated with this Activation or any of Unilever’s respective officers, directors, shareholders, agents, licensees, licensors and employees (collectively, the “Released Parties”) are responsible for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury, loss or damage suffered or sustained (even caused by negligence) in connection with accepting or using the Merchandize or participating in this Activation, except for any liability which cannot be excluded by law. Unilever is not responsible for any defected, lost or stolen Merchandize or the misuse of the Merchandize.
- Each Participant accepts the conditions stated in these Terms and Conditions and agrees to be bound by the decisions of Unilever and warrants that he or she is eligible to participate in this Activation. The Participant agrees, except to the extent that any personal injury or death is caused by the Released Parties’ negligence or breach of these Terms and Conditions, that the Released Parties shall not be responsible for any claims, losses, liability, and damages of any kind (including reasonable attorney’s fees and expenses) asserted against any of them, incurred, sustained, or arising in connection with the use, acceptance or misuse of any entry material, or while preparing for, participating in any Activation related activity including without limitation any injury, damage, death, loss, accident to person or property, or from the respective Participant’s breach of any agreement or warranty associated with this Activation, including these Terms and Conditions.
- Any attempt to deliberately damage any website or undermine the legitimate operation of this Activation is a violation of criminal and civil laws and, should such an attempt be made, Unilever and each of their licensees and representatives reserve the right to seek damages or other remedies from any such person(s) responsible for any such attempt to the fullest extent permitted by law.
- The Participant will indemnify and hold Unilever, their subsidiary and affiliate entities and the employees, officers, directors and representatives of each harmless (including costs and attorney’s fees) from any claim or demand made by any third party due to or arising out of access to or use of the Activation, the violation of the Terms and Conditions, or the infringement of any intellectual property or other proprietary right, by the Participant or any third party using the Participant’s account. The Participant’s obligation under this indemnity may not be offset against any other claim.
- All entrants release from, and indemnify Unilever against, all liability, cost, loss or expense arising out of acceptance of the Merchandize or participation in this Activation including, but not limited to, personal injury and damage to property and whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.
Unilever reserves the right at its sole discretion, without any prior notice, to suspend, cancel, terminate or modify any feature of the Activation including, but not limited to content, hours of availability, and equipment needed for access or use without advance notice and to re-commence the Activation in its sole discretion and upon Terms and Conditions deemed reasonable by Unilever.
- By entering this Activation, each Participant agrees that his or her personal data received by Unilever in accordance with the provisions of these Terms and Conditions may be processed for the purpose of the Activation.
- All entries become the property of Unilever. By entering this Activation, each Participant consents to the personal information they submit with their entry being used for the primary purposes of: administering this Activation, passing on information to related entities and to enter into a database for future Activational, marketing and publicity activities of Unilever or the Unilever Group. Unilever regards the security of its personal information as a priority however, cannot guarantee the security of personal information provided.
- By registering your details, the Participant agrees that his or her submitted details will be stored and used by Unilever to keep him or her informed about Unilever Activations, products and news. The Participant understands that his or her details will not be passed on or sold to any other third party without his or her prior knowledge and consent.
- Each Participant hereby acknowledges and agrees that the relationship between the Participant and Unilever and its affiliates is not a confidential, fiduciary, or other special relationship, and that the Participant’s decision to participate in the Activation does not place Unilever and its affiliates in a position that is any different from the position held by members of the general public with regard to elements of the Participant’s participation, other than as set forth in these Terms and Conditions.
- By registering and participating in this Activation, the Participant accepts that any dispute in relation to their participation in this event will be subject to the laws of Pakistan and the Participant agrees to submit to the exclusive jurisdiction of Karachi Courts.
- If any provision of these rules is invalid under the laws, rules or regulations of the Territory, it will only apply to the extent permitted and adjusted as legal to satisfy Unilever’s objectives. In addition, Participants are required to abide by the applicable laws, rules and regulations of the Territory as they may pertain to participation in this Activation.