Ooni’s Standard Promotion Tems & Conditions
- About these terms
1.1 What these terms cover.
These are the standard terms and conditions (the Standard Terms) applying to certain promotions (each a Promotion) administered by members of the Ooni group of companies.1.2 The terms governing our promotions.
Where specified, promotions that we run are governed by: (a) these Standard Terms; and (b) a separate set of specific terms and conditions applicable to the relevant promotion (the Specific Terms). In relation to any Promotion, these Standard Terms are incorporated into the Specific Terms applying to that Promotion and should be read together with them (together the Promotion Terms).1.3 Your agreement to the Promotion Terms
. By submitting an Entry you agree to the Promotion Terms.1.4 Inconsistency
. In the event of any inconsistency between these Standard Terms and the Specific Terms applying to a Promotion, the Specific Terms shall prevail.2. Definitions and interpretation
2.1 Incorporation of defined terms
. Unless otherwise defined in these Standard Terms, capitalised terms used in these Standard Terms have the meaning given to them in the Specific Terms. In addition, in these Standard Terms:"Australian Eligibility Criteria
" means the eligibility criteria specified as being the 'Australian Eligibility Criteria' in clause 4.1(b)."Canadian Eligibility Criteria
" means the eligibility criteria specified as being the Canadian Eligibility Criteria' in clause 4.1(b)."Co-Promoter Element"
means any portion of a Prize or Reward (as applicable) provided by a Co-Promoter, as specified in the Specific Terms."Eligible Participant
" has the meaning given to that term in the Specific Terms."Email Entry"
has the meaning given to that term in clause 5.3."Entrant"
means an Eligible Participant who has submitted a properly completed Entry."Entry"
means an Instagram Entry or an Email Entry."Excluded Person"
has the meaning given to that term in clause 4.2."EU Eligibility Criteria
" means the eligibility criteria specified as being the EU Eligibility Criteria' in clause 4.1(b)."French Eligibility Criteria
" means the eligibility criteria specified as being the French Eligibility Criteria' in clause 4.1(b)."General Eligibility Criteria"
has the meaning given to that term in clause 4.1."Global Eligibility Criteria
" means the eligibility criteria specified as being the Global Eligibility Criteria' in clause 4.1(b)."Instagram Post"
means the Instagram post relating to the Promotion, published on the Promoter's Instagram Account (and, where applicable, on the Co-Promoter's Instagram Account) on the first day of the Promotion Period."Instagram Entry"
means an Instagram Like and Comment Entry, and Instagram Like and Tag Entry or an Instagram Post and Tag Entry."Instagram Like and Comment Entry"
has the meaning given to that term in clause 5.1."Instagram Like and Tag Entry"
has the meaning given to that term in clause 5.2."Instagram Post and Tag Entry"
has the meaning given to that term in clause 5.3."Mass Giveaway Award
" means any giveaway of Rewards in accordance with clause 9."New Zealand Eligibility Criteria
" means the eligibility criteria specified as being the 'New Zealand Eligibility Criteria' in clause 4.1(b)."Nordic Eligibility Criteria
" means the eligibility criteria specified as being the Nordic Eligibility Criteria' in clause 4.1(b)."Ooni Australia"
means Ooni Pty Ltd a company registered in Australia with company number ACN 660 203 832 and its registered address is at Macpherson Kelley, Level 7, 600 Bourke Street, Melbourne VIC 3000."Ooni Canada"
means Ooni Canada, Inc, a company registered in Canada with company registration number is 1000246600 and its registered address at 66 Wellington Street West, Suite 4100, Toronto, Ontario, Canada, M5K 1B7."Ooni Entity"
means Ooni Australia, Ooni Canada, Ooni Germany, Ooni NZ, Ooni UK or Ooni US."Ooni Germany"
means Ooni GmbH, a corporation registered in Germany with Commercial Registration ID Number is HRB98327."Ooni NZ"
means Ooni NZ Ltd a company incorporated in New Zealand with company registration number 8367081and its registered address at Tompkins Wake, Level 17, 88 Shortland Street, Auckland Central, Auckland,1010."Ooni UK"
means Ooni Limited, a company registered in England and Wales with company registration number is 08316049 and its registered address at Walderslade Accounting Services, Unit 20, 105 Hopewell Business Centre, Hopewell Drive, Chatham, Kent, ME5 7DX."Ooni US"
means Ooni Inc, a corporation registered in Delaware with company file number 6453548."Prize Draw
" means a prize draw conducted in accordance with clause 8."Prize Winner"
has the meaning given to that term in clause 8.2."Promoter"
has the meaning given to that term in clause 3.1."Promotion"
has the meaning given to that term in the Specific Terms."Recipient"
has the meaning given to that term in clause 9.2."Specific Terms"
means the Specific Terms applying to the Promotion into which these Standard Terms are incorporated."Substitute Prize Draw
" means any substitute prize draw conducted in accordance with clause 10.4."United Kingdom Eligibility Criteria
" means the eligibility criteria specified as being the 'United Kingdom Eligibility Criteria' in clause 4.1(b)."United States Eligibility Criteria
" means the eligibility criteria specified as being the 'United Stated Eligibility Criteria' in clause 4.1(b)."Winner"
means any Recipient or Prize Winner (as applicable).3. Promoter and Promotion Period
3.1 Who is the promoter.
The promoter of the Promotion is the Ooni Entity specified as being the promoter in the Specific Terms (the Promoter).3.2 The Promotion Period.
The Promotion will run during the Promotion Period specified in the Specific Terms.4. Eligibility Criteria
4.1 Eligibility Criteria
. The eligibility criteria you are required to satisfy to be an Eligible Participant are as follows:a) all Eligible Participants must satisfy the following criteria (the "General Eligibility Criteria
"):(i) you must be at least 18 years of age or older (or, if the legal age of majority in your jurisdiction in which you are resident is over 18 years of age, have reached the legal age of majority in your jurisdiction of residence); and
(ii) you must not be an Excluded Person as set out in paragraph 4.6 below; and
(iii) if your Entry is an Instagram Entry,
(1) you must have a public Instagram account, with privacy settings that allow us to verify your eligibility and your Entry; and
(2) you must be following the Promoter's Instagram Account (and, if required by the Specific Terms, the Co-Promoter's Instagram Account) on the date of any Prize Draw, Substitute Prize Draw or Mass Giveaway Award (as applicable);
(iv) if your Entry is an Email Entry, you must:
(1) be subscribed to the Ooni newsletter;
(2) have provided us with a consent to marketing;
(3) and, if applicable, be subscribed to each Co-Promoter's newsletter, and have provided each Co-Promoter with a consent to marketing,
and each such subscription and marketing consent must be current on the date of any Prize Draw, Substitute Prize Draw or Mass Giveaway Award (as applicable); and
(b) where required by the Specific Terms, you must also satisfy the additional eligibility criteria set out in the tables below:
| Eligibility Criteria Specified in Specific Terms | Eligibility Criteria |
|---|---|
| Australian Eligibility Criteria | You must be a resident of Australia |
|
Australian Eligibility Criteria |
You must be a resident of Australia |
|
Canadian Eligibility Criteria |
You must be a resident of Canada (excluding Quebec) |
|
EU Eligibility Criteria |
You must be resident of a Member State of the European Union |
|
French Eligibility Criteria |
You must be a resident of France |
|
Global Eligibility Criteria |
You must be a resident of: (i) Australia; (ii) Canada (excluding Quebec); (iii) a Member State of the European Union; (iv) New Zealand; (v) the United Kingdom; or (vi) the United States of America |
|
New Zealand Eligibility Criteria |
You must be a resident of New Zealand |
|
Nordic Eligibility Criteria |
You must be a resident of Denmark, Sweden or Finland. |
|
United Kingdom Eligibility Criteria |
You must be a resident of the United Kingdom |
|
United States Eligibility Criteria |
You must be a resident of the United States |
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 any Co-Promoter specified in the Specific Terms, or either of their holding companies, subsidiaries or other affiliated companies;
(b) professionally connected in any way with the Promoter, this Promotion, or any Co-Promoter specified in the Specific Terms; 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 Instagram Like and Comment Entry
. Where the Specific Terms specify that 'Instagram Like and Comment Entry' applies, during the Promotion Period Eligible Participants may enter the promotion by:(a) liking the Instagram Post; and
(b) commenting on the Instagram Post (together an "Instagram Like and Comment Entry
").5.2 Instagram Like and Tag Entry
. Where the Specific Terms specify that 'Instagram Like and Tag Entry' applies, during the Promotion Period Eligible Participants may enter the promotion by:(a) liking the Instagram Post; and
(b) tagging the number of 'friends' required by the Specific Terms in the Instagram Post (together an "Instagram Like and Tag Entry
").5.3 Instagram Post and Tag Entry
. Where the Specific Terms specify that 'Instagram Post and Tag Entry' applies, during the Promotion Period an Eligible Participant may enter the Promotion by sharing a photo or video on their Instagram account and tagging the photo or video with the hashtag specified in the Specific Terms (an "Instagram Post and Tag Entry").5.4 Email Entry
. Where the Specific Terms specify that 'Email Entry' applies, during the Promotion Period Eligible Participants may enter the promotion by completing the entry form referred to in the Specific Terms or the Promotion Site (an "Email Entry").5.5 Entry limits.
(a) Only one Entry is permitted per Eligible Participant unless the Specific Terms specify otherwise. Where that is the case Eligible Participants may only submit one Entry per method of Entry.
(b) Where the Specific Terms permit, Entrants may gain additional Entries (each a "Bonus Entry
") for referring additional people to the Promotion (each such referee being an "Additional Entrant"). To gain a Bonus Entry the referring Entrant must refer the Additional Entrant using the unique link provided on the Instagram Post or on the Promotion Site. One Bonus Entry will be awarded to the referring Entrant for each Additional Entrant that submits a valid Entry to the Promotion.5.6 No purchase necessary
. No purchase is necessary to enter the Promotion.5.7 You may be disqualified if you breach these terms and conditions.
We reserve the right to disqualify:(a) any Entry is not properly completed or does not otherwise comply with the Promotion Terms;
(b) any Eligible Participant we determine has acted in breach of these Promotion Terms;
(c) any Eligible Participant we determine has acted fraudulently or otherwise gained an unfair advantage in the Promotion; or
(d) any Eligible Participant that conducts themselves in a manner which might be construed as being defamatory, derogatory or disparaging of the us, our brand or our products.
6. Details of the prize
6.1 When this clause 6 applies
. This clause 6 only applies when the Promotion is identified as being a "Prize Draw" promotion in the Specific Terms.6.2 Details of the prize.
The Prize(s) and their approximate retail value are set out in the Specific Terms.6.3 Prize must be accepted as awarded
. The Prize(s) must be accepted as awarded. No substitution, cash redemption, sale or transfer of any Prize is permitted except in 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.6.5 Prizes provided by Co-Promoter
. You acknowledge that any Co-Promoter Element of a Prize is supplied by the Co-Promoter and that provision of the Co-Promoter Element is outside of our control.7. Details of the rewards
7.1 When this clause 7 applies
. This clause 7 only applies when the Promotion is identified as being a "Mass Giveaway" promotion in the Specific Terms.7.2 Details of the reward.
The Rewards and their approximate retail value are set out in the Specific Terms.7.3 Rewards must be accepted as awarded
. The Rewards must be accepted as awarded. No substitution, cash redemption, sale or transfer of any Reward is permitted except at our sole and absolute discretion. If a Reward, or any portion thereof, cannot be awarded for any reason, we reserve the right to substitute such Reward (or portion thereof) with an equivalent reward of equal or greater value.7.4 Rewards provided by Co-Promoter
. You acknowledge that any Co-Promoter Element of a Reward is supplied by the Co-Promoter and that supply of the Co-Promoter Element is outside of our control.8. How the prize draw works
8.1 When this clause 8 applies
. This clause 8 only applies where the Promotion is identified as a "Prize Draw" in the Specific Terms.8.2 Date of prize draw.
On or about the date specified as the Draw Date in the Specific Terms, we will conduct a randomised computer draw from eligible Entries received during the Promotional Period. The number of Entries selected during the randomized computer draw will be the same as the number of Prizes on offer as specified in the Specific Terms. For example, where there is one Prize on offer, one Entry will be selected and the corresponding Entrant will be declared the winner (the "Prize Winner"); where there are two Prizes on offer, two Entries will be selected and each corresponding Entrant will be declared the Prize Winners, and so on.9. How the giveaway works
9.1 When this clause 9 applies
. This clause 9 only applies where the Promotion is identified as a "Mass Giveaway" in the Specific Terms.9.2 How the giveaway works.
We will award Rewards in chronological order on a first-come-first-serve basis in each Region as specified in the Promotion Terms while our stocks last in such Region. We estimate that the Estimated Maximum Recipients (across all Regions specified in the Promotion Terms) will receive a Reward (or, if different, such number of entrants as our stock levels will permit). Each Entrant that receives a Reward will be a recipient (Recipient). The number of Recipients in each individual Region may be less than Estimated Maximum Recipients.10. Notification of the Winner
10.1 Notification & Validation of Winner(s)
. The Winner (or, where applicable, Winners) will be contacted by:(a) email, where the relevant Entry was an Email Entry; or
(b) Instagram direct message from the Promoter's Instagram account, where the relevant Entry was an Instagram Entry,
If they are a Recipient they must, if instructed to do so in the Notification Message, reply to the Notification Message within five days of the message (or such additional time as we may permit in our absolute discretion) to claim their Reward. Note that a Notification Message sent to a Recipient may not require the Recipient to reply to the message.
10.2 Verification of Winner(s).
(a) We reserve the right to verify the identity of any Winner and/ or confirm that anyWinner 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:
(ii) the Promoter is Ooni Inc.,
we may also require that Winner (or, where the Promoter is Ooni Inc., any 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.(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 deemed to be the Winner (or, where applicable, a Winner). If the Entrant fails the Skill Test, the procedures set out in clause 10.4 or 10.5 below will apply (as applicable).10.3 Disputes as to the identity of an Entrant.
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.10.4 If a Prize Winner does not collect their Prize or is determined to be ineligible.
(a) This clause 10.4 only applies where the Promotion is identified as a "Prize Draw" in the Specific Terms.
(b) If a Winner (First Winner
):(i) does not respond within 5 days to the Notification Message (or such longer period as we may permit in our absolute discretion);
(ii) rejects their Prize;
(iii) fails the verification processes set out in paragraphs (a) and (b) of clause 10.2;
(iv) is a resident of Canada and fails the Skill Test described in paragraph (c) of clause 10.2; or
(v) is otherwise determined to an ineligible Entrant or otherwise ineligible for the Prize or Reward (as the case may be),
we will select another winner (Reserve Prize Winner
) using a randomised computer draw, and the Reserve Prize Winner will be deemed to be the Prize Winner instead of the First Winner (or, where applicable, that First Winner).(c) Where:
(1) there is only one Prize, this process will, if necessary, repeat three times to find an Entrant who is able and eligible to claim the Prize; and
(2) there are multiple Prizes, this process will, if necessary, repeat three times per Prize, to find Entrants who are able and eligible to claim the Prizes.
(d) In each case, after the process has repeated three times, if no Entrant is able and eligible to claim the Prize(s), we may determine that the Prize(s) shall be forfeited and left unclaimed.
(e) We may carry out each of the randomized draws at the same time, so that the First Winner (or, where there are multiple Prizes, each 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).
10.5 If a Recipient does not collect their Reward or is determined to be ineligible.
(a) This clause 10.5 only applies where the Promotion is identified as a "Mass Giveaway" in the Specific Terms.
(b) If a Recipient (First Recipient
):(i) rejects their Reward;
(ii) fails the verification processes set out in paragraphs (a) and (b) of clause 10.2; or
(iii) is otherwise determined to an ineligible Entrant or otherwise ineligible for the Reward,
we will select another Recipient chronologically, starting with the Entrant that first submitted a non-Reward receiving Entry. This process will repeat as necessary until all Rewards have been claimed or we determine that the remaining Rewards shall be forfeited and left unclaimed.
10.6 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.10.7 Delivery of Prizes and Rewards
(a) Unless we notify you otherwise, any Prize or Reward (as the case may be) will be delivered to a Winner within 60 calendar days of the later of that Winner:
(i) satisfying any of the verification processes set out in paragraphs (a) and (b) of clause 10.2;
(ii) if the Winner is a Prize Winner and a resident of Canada, passing the Skill Test described in paragraph (c) of clause 10.2; and
(iii) being determined to an eligible Entrant and eligible to receive their Prize or Reward (as the case may be).
(b) Any Prize or Reward which is a physical good will be delivered by post or courier (at our absolute discretion). Any Prize or Reward which is in electronic form will be delivered electronically. Any Co-Promoter Element of a Prize or Reward may be delivered to the Winner by the Co-Promoter either by post or courier (at the Co-Promoter's absolute discretion) or, where applicable, electronically.
(c) Prizes and Rewards will only be delivered to territories to which we ship, a list of which is available on www.ooni.com.
10.8 Taxes and customs charges
. Neither we nor any Co-Promoter are responsible for any taxes, customs charges or other costs required for or related to receiving a Prize or Reward. Neither we nor any Co-Promoter will compensate any Prize or Reward 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.11. Limits on our liability
11.1 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.11.2 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 or Reward) 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.11.3 US Provisions.
(a) This clause 11.3 shall apply where:
(i) you must meet the United States Eligibility Criteria or the Global Eligibility Criteria (insofar as it requires you be a resident of the United States of America); or
(ii) the Promoter is Ooni Inc.
(b) By participating in this Promotion, you agree (and agree to confirm in writing):
(i) 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 fulfillment of any Prize or Reward and/ or the use of any Prize or Reward, except for any liability which cannot be excluded by law in which case that liability is limited to the minimum allowable by law;
(ii) that to the maximum extent permitted by law, that all causes of action arising out of or connected with this Promotion, or any prize or reward awarded, shall be resolved individually, without resort to any form of class action;
(iii) 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 or Reward received in this Promotion; and
(iv) 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.
11.4 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 or rewards.12. How we may use your personal information
12.1 Privacy
:(a) Any personal information that we collect in relation to the Promotion will be processed in accordance with our privacy policy which can be found at https://ooni.com/pages/privacy-and-terms.
(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, including the provision of your personal information to Co-Promoters where you have agreed to it, or where it is necessary to enable a Co-Promoter Element of a Prize or Reward to be delivered to you.
(c) We will only give your personal information to third parties where the law either requires or allows us to do so.
12.2 Winner’s List
:(a) In certain jurisdictions we may be required to either publish or make available information that indicates that a valid award took place.
(b) Where we are required to do so by law or practice, we may publish the surname and such other identifying features of the Winner(s) as we are required to provide (or consider it reasonably necessary to provide) or send the details to anyone who emails support@ooni.com requesting such information within 3 months of the end of the Promotion Period.
(c) If you object to your surname or any other identifying features being published or made available pursuant to paragraph (b) above, please contact us by email to support@ooni.com. In these circumstances, we may still be required by law to provide the information and winning Entry to local regulators on request.
13. Other important terms
13.1 Contacting us
. You can contact us via our support portal support.ooni.com, or by mail to our business office at Ooni HQ, Ooni Park,189 West Main Street, Broxburn, EH52 5LH.13.2 Application of local laws
. The Promotion is subject to all applicable law and regulation (including, to avoid doubt, all federal, state, and local law).13.3 We may transfer this agreement to someone else
. We may transfer our rights and/ or obligations under the Promotion Term to another organisation (and we may exercise our rights through any member of the Ooni group of companies). We will ensure that the transfer will not affect your rights under these terms.13.4 You may not transfer your rights or obligations to someone else
. You may not transfer or assign any of your rights or your obligations under the Promotion Term to another person.13.5 Nobody else has any rights under this contract
. The contract created by the Promotion Term is between you and us. No other person shall have any rights to enforce any of its terms.13.6 If a court finds part of the Promotion Term illegal, the rest will continue in force
. Each of the paragraphs of the Promotion Term 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.13.7 Even if we delay in enforcing the Promotion Term, we can still enforce it later
. If we do not insist immediately that you do anything you are required to do under the Promotion Term, or if we delay in taking steps against you in respect of your breaking the Promotion Term, 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.13.8 Instagram.
This Promotion is not sponsored, endorsed or administered by, or associated with Instagram. You acknowledge that Instagram is not responsible for the Promotion in any way.13.9 Governing language.
The Promotion Terms are written in English and any translation is provided only as a courtesy translation. In the event of any discrepancy between the English version of the Promotion Term and any translated version (or any dispute regarding the interpretation of any provision in the English version or translated version), the English version shall prevail and questions of interpretation shall be addressed only in the English language.14. Governing law and jurisdiction.
14.1 The governing law and jurisdiction of these Standard Terms and the Specific Terms depends on which Ooni Entity is the Promoter (which is specified in the Specific Terms).
14.2 These Standard Terms and the Specific Terms, and any non-contractual obligations arising out of or in connection with them, and any disputes arising from them, will be governed exclusively by the applicable governing law described in the table below, without giving effect to any of its conflict of laws principles. The courts located in the applicable venue described above will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this agreement.
| Ooni Entity specified in the Specific Terms | Applicable governing law | Applicable venue |
|---|---|---|
| Ooni Australia | Australian | Victoria |
|
Ooni Canada |
Canada, Ontario |
Ontario |
|
Ooni Germany |
German |
Bonn |
|
Ooni NZ |
New Zealand |
Auckland |
|
Ooni UK |
English |
England |
|
Ooni US |
Texan |
Austin,Texas |
14.3 Italian provisions.
This clause 14.3 applies only where EU Eligibility Criteria or Global Eligibility Criteria is specified in the Specific Terms, and only to Entrants that are resident in Italy. Entrants resident in Italy are permitted to enter the Promotion pursuant to Directive 2000/31/EC. Italian law will continue to apply in respect of your consumer rights and certain protective tax measures. See FAQ No. 6 of the Ministry of Enterprise and Made in Italy for more details. La partecipazione al concorso da parte di utenti residenti o domiciliati in Italia è consentita in base ai principi disposti dalla dalla Direttiva UE 2000/31/Ce, fermo restando che la normativa italiana resterà applicabile per gli aspetti di tutela dei consumatori e fiscali eventualmente applicabili, come riportato anche dalla FAQ n. 6 del Ministero delle Imprese e del Made in Italy.Version: 1
Date: 8 November 2023
