GROW YOUR OWN

TERMS & CONDITIONS

TERMS AND CONDITIONS UK

These Terms and Conditions ("Terms") are applicable to the promotion ("Promotion") as set forth in Article 3 which is offered by H.J. Heinz Foods UK Limited, having its registered office in Middlesex and/or one of its affiliated companies (collectively referred to herein as "Heinz").  By participating in the Promotion you unconditionally agree to the applicability of these Terms and any general terms of any social media platforms used in connection with the Promotion which will be fully applicable to you in addition to these Terms. All entry instructions form part of these Terms.

 

Article 1 – General

1.1 Entry is open to residents of the United Kingdom who are at least 18 (eighteen) years of age at the time of entry.

1.2 Persons younger than 18 (eighteen) 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 Heinz's Privacy Policy and Disclaimer, which can be consulted online at www.heinz.co.uk, are applicable to the Promotion in so far as not explicitly provided otherwise in these Terms.

1.5 Heinz is entitled to modify these Terms during the Promotion Period without prior notice to participants. The version of the Terms which was in force at the time of participation applies to the participant.

1.6 Modifications of these Terms by Heinz will be published on Heinz's website www.heinz.co.uk, where you have the ability to save and/or print a copy of the Terms.

1.7 This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. Participants acknowledge that Facebook shall not have any liability to them in connection with the Promotion.

 

Article 2 – Data

2.1 To enter the competition and enable Heinz to communicate with you, you may 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 be disqualified from the Promotion. 

2.3 During your visit to the Heinz website data could be obtained by using a cookie file which is stored on the hard drive of your computer. Heinz's website uses cookies to distinguish you from other users of our website. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. This, however, can negatively influence the website's performance. For detailed information on the cookies we use and the purposes which we use them for see our Cookie policy, which can be consulted online at www.heinz.co.uk.

2.4 The data you provide to Heinz shall be collected and processed only to the extent and in such a manner as is necessary for the purposes specified in these Terms. Heinz will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with Heinz's privacy policy which can be consulted online at www.heinz.co.uk. Heinz shall not sell or transfer your personal data to third parties which are not part of the Kraft Heinz Company without your prior consent. By participating in the Promotion, each participant consents to the use of their personal data in accordance with these Terms.

2.5 Heinz can collect and process personal data for the following purposes:

  1. to carry out obligations arising from any agreements entered into between you and Heinz;
  2. to carry out any other (legal) obligations;
  3. 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
  4. to deliver the available prize to the winner and to otherwise administer and manage the Promotion.
  5. to carry out market research campaigns that seek your views on our products and services

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 – Promotion

3.1 Grow Your Own 2017

Seeds

3.2 Participants can get their Heinz Tomato seeds by entering their personal data in the subscription form (e.g. name, (e-mail) address, (mobile) phone number. To enter the competition, users must select the ‘Send my Heinz seeds’ button on the landing page of the micro-site to compile their entry.

This promotion will run from 10am GMT 27th February 2017 to 5pm GMT 6th April 2017 (the "Promotion Period").

 

Merchandise

3.3 There are 30 prizes to be won during the Competition Period.  In order to take part in the competition, participants will have to post photos of their growing activities/tomato sprouts on the Heinz UK Facebook page.

This promotion will run from 10am GMT 27th February 2017 to 5pm GMT 6th April 2017 (the "Promotion Period").

 

Personalized Bottle

3.4 One participant will get the chance to have his or her tomatoes bottled into his/her personalized bottle of ketchup. In order to take part in the competition, participants will have to post photos of their tomato plant on the Heinz UK Facebook page.

This promotion will run from 10am GMT 4th September 2017 to 5pm GMT 30th September 2017 (the "Promotion Period").

3.5 All competition entries must be received by Heinz by the end of Promotional Period. All entries received after this moment are automatically void and will not be eligible to win a prize. Incomplete entries will not be entered into the competition.

 

Article 4 – Prizes

Seeds

As participant in the Promotion you can win the opportunity to test Heinz tomato seeds. This means that the participant will receive this prize and can use the Heinz tomato seeds for non-commercial purposes.

4.1 [Participant has to enter personal data (e.g. name, (e-mail) address, (mobile) phone number, and will get the prize. Heinz's decision is final and binding and no correspondence will be entered into.

4.2 There is a limit of 3 entries per household.

4.3 There are 30,000 packets of seeds available to win during the Competition Period.

4.4 The number of seed packets that are available to win each day of the competition on the micro-site will be controlled and limited to 2,000, allowing as many people as possible to have the chance to win seeds over the duration of the campaign.

4.5 If the amount of seeds won per day reaches the limit, the customer will be notified immediately and will be asked to return to win seeds the next day.

4.6 The prize is personal to the winner. The prize cannot be returned, is non-assignable and non-transferable and there is no cash alternative for the prize(s).

4.7 The prize will be sent to the address given at the time of entry within 4 (four) weeks after the end of the Promotion Period.

4.8 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.

4.9 In case the prize cannot be awarded to the winner for other reasons beyond Heinz's control, the winner can claim its prize no more than 3 (three) months after [Promotion Period]. After this period or by rejection of the prize the prize will be reverted to Heinz.

4.10 Prizes will be delivered only to an address in the United Kingdom (including Northern Ireland).

4.11 Each winner's name and county are available on request by emailing within 7 of the end of the Promotion Period.

4.12 Any betting and gaming taxes or levies due upon the award of the prize(s) 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.

 

Merchandise

4.13 There are 30 prizes to be won during the Competition Period. During the Competition Period, judging will take place on the dates and for the prizes listed below.  Please note that once the judging takes place for each prize on the dates listed below, those prizes will then no longer be available for the rest of the Competition Period. Prizes available are listed below:

  • Heinz Tomato Ketchup grow kits (10)

There are 10 Heinz Tomato Ketchup grow kits available. The judging will be completed by 30th March 2017 at 4pm after when the winners are directly announced.

  • Heinz Tomato Ketchup Watering Cans (10)

There are 10 Heinz Tomato Ketchup watering cans. The judging will be completed by 3rd  April 2017 at 10am after when the winners are directly announced.

  • Heinz Tomato Ketchup Mini Wheel barrows (10)

There are 10 Heinz Tomato Ketchup mini wheel barrows available. The judging will be completed by 7th April 2017 at 10am after when the winners are directly announced.

4.14 Winners of the merchandise will have posted on the Heinz UK Facebook page with photos of their growing activities/tomato sprouts. The winners will then be selected by a panel of judges. Winners are chosen at the discretion of the Promoter. Heinz's decision is final and binding and no correspondence will be entered into.

4.15 Winners will be notified within three working days of the post with a reply on Facebook from Heinz on the winning comments and asked to send over their personal details in a Private Message on Facebook to capture all details for the fulfilment of the prize won. Next to this we will also amend the post to announce the winners. Heinz's decision is final and binding and no correspondence will be entered into.

4.16 Winners can only win once during the Promotion Period.

4.17 The prize is personal to the winner. The prize cannot be returned, is non-assignable and non-transferable and there is no cash alternative for the prize.

4.18 The prize can look slightly different than on the image provided on Facebook.

4.19 The prize will be sent to the address given at the time of entry within 4 (four) weeks after the end of the Promotion Period.

4.20 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.

4.21 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.

4.22 In case the prize cannot be awarded to the winner for other reasons beyond Heinz's control, the winner can claim its prize no more than 3 (three) months after [Promotion Period]. After this period or by rejection of the prize, the prize will be reverted to Heinz.

4.23 Prizes will be delivered only to an address in the United Kingdom (including Northern Ireland)

4.24 Each winner's name and county are available on request by emailing within 7 of the end of the Promotion Period.

4.25 Any betting and gaming taxes or levies due upon the award of the prize(s) 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.

 

Personalized Bottle

4.26 A chosen winner from the United Kingdom (including Northern Ireland) will have the chance for their tomatoes to be picked up by an arranged courier. From there, their tomatoes will be transported to the Heinz Innovation Centre in the Netherlands.

4.27 The chosen winner’s home-grown tomatoes will then be used to make one bespoke bottle of Heinz tomato ketchup. This individual bottle will have its ‘Heinz Keystone’ adapted for a one-off time – with the chosen winner’s name, printed on the label.

4.28 The bespoke bottle will then be transported back to the winner, by arranged courier. The bottle is for the winner’s use only.

4.29 Participants will have posted on the Heinz UK Facebook page with photos of their tomato plant. The winner will then be selected by a panel of judges. The winner is chosen at the discretion of the Promoter, based on the size and number of the tomatoes grown as well as the creativeness of the entry. Heinz's decision is final and binding and no correspondence will be entered into.

4.30 If an entrant is chosen as a winner, they will be contacted by Heinz via Facebook for personal details. The participant agrees for their email to be used as point of correspondence between the participant and Heinz.

4.31 Winners can only win once during the Promotion Period.

4.32 The prize is personal to the winner. The prize cannot be returned, is non-assignable and non-transferable and there is no cash alternative for the prize.

4.33 The prize will be sent to the address given at the time of entry within 4 (four) weeks after the end of the Promotion Period.

4.34 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.

4.35 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.

4.36 In case the winner is unable to send his/her tomatoes within the required timeframe to Heinz or the tomatoes don't arrive at Heinz in a proper shape for other reasons beyond Heinz's control or if the winner cannot attend promotional activity then Heinz is entitled to choose another winner without the first winner being entitled to a substitute prize.

4.37 In case the prize cannot be awarded to the winner for other reasons beyond Heinz's control, he winner can claim its prize no more than 3 (three) months after [Promotion Period]. After this period or by rejection of the prize, the prize will be reverted to Heinz.

4.38 The Promoter reserves the right to (i) disqualify any entrant who the Promoter believes has contravened any of these Terms and Conditions, and (ii) use the same method to select an alternative winner in respect of any prize they may have won.                      

4.39 Prizes will be delivered only to an address in the United Kingdom.

4.40 Each winner's name and county are available on request by emailing within 7 of the end of the Promotion Period.

4.41 The winner will be available to take part in any filming or promotional activity once the competition has finished.

4.42 The winner may be asked to take part in interviews with the Promoter or the Promoter’s nominated third party as part of the competition. . By entering the promotion, the winner agrees the use of their name and image should the Promoter request they participate in promotional activity.

4.43 By uploading an image ("User Generated Content") to the Heinz Ketchup UK Facebook page users are waiving any moral rights which may exist in the User Generated Content and granting Heinz a royalty-free, non-exclusive license to upload, store, use, modify, display, copy and distribute such User Generated Content solely in connection with the operation of this branded Facebook page.

4.44 Any betting and gaming taxes or levies due upon the award of the prize(s) 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 prizes

5.1 All costs related to shipment of any of the prizes (including VAT) will be paid by Heinz.

5.2 Heinz shall only reimburse any costs referred to in clause 5.1 reasonably incurred by participant, always subject of participant's production of receipts or other appropriate evidence of payment.

5.3 The respective prize will be sent to the address of the winner given at the time of entry within 4 (four) weeks after the end of the Promotion.

5.4 Prizes will be delivered only to an address in the United Kingdom.

 

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 promise to Heinz that the Materials do not infringe any third party rights (such as intellectual property rights) and are not otherwise unlawful.

6.3 In the event that the Materials infringe any third party rights or are 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:

  1. Receipt, use or misuse of the prizes sent by Heinz;
  2. The cancellation, interruption, or alteration of the Promotion;
  3. Any entry which for technical or other reasons is unsuccessful, incomplete, lost, late, damaged corrupter or misdirected;
  4. The unlawful use of any used systems by third parties (e.g. hacking).

 

Article 7 – Intellectual property

7.1 Any intellectual property rights, including but not limited to copyrights are the sole and exclusive property of the Heinz and shall vest in Heinz.

7.2 To the extent legal title to all such intellectual property rights 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 rights.

7.3 In so far as possible by law, you hereby waive and agree never to assert against Heinz any moral rights granted by any right to claim authorship, object or prevent modification, or control the publication or distribution with respect to any works protected by copyrights.

7.4 To be complete, Heinz or its sub-licencee is entitled to shorten, alter or remove any Materials in its sole discretion without (prior) notice and/or consent by you.

7.5 By participation in the Promotion you give Heinz the right to publish and use your name and/or Materials on, included without limitation:

a. Prizes; and/or

b. Heinz website and social network pages including but not limited to Twitter, Instagram and Pinterest.

7.6 Hyperlinking to the Promotion is permitted provided that the following conditions are held:

  1. A hyperlink can only be used to link to the homepage of the Promotion;
  2. Advertisements, copyright notices and other notifications on the homepage of the Promotion are not hidden;
  3. Suggesting or mentioning that Heinz sponsors or supports your website is not allowed;
  4. 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 participant which it believes to have acted in breach of these Terms or any applicable legal obligation, without prior notice and in 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 alternative winners in the event that any winner 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 where it becomes necessary to do so, 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 domestic and private use without prior consent by Heinz.

8.5 Unauthorized modification of software applications used for the Promotion without prior consent by Heinz ('hacking') and any tampering with the operation of the Promotion is prohibited. Heinz will hold you liable for any damage suffered by Heinz in this respect and will disqualify you from entry.

8.6 The Promotion or prize may not be used to:

  1. Voice political, religious, violent, sexual or racist opinions which are unlawful or are contrary to good morals;
  2. Offend, tease, discriminate or make any sexual allusion;
  3. Place harmful software (e.g. viruses or worms) on Heinz's software;
  4. Damage Heinz's good name;
  5. 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 Limited
Middlesex
UB4 8AL
Telephone number: 0800 5285757
Email: Consumercare@uk.hjheinz.com

 

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 the United Kingdom.

10.3 All disputes arising in connection with these Terms and/or the Terms shall be submitted to the non-exclusive jurisdiction of the court of London or to a court which is closer to the participant's domicile.

TERMS AND CONDITIONS UK

These Terms and Conditions ("Terms") are applicable to the promotion ("Promotion") as set forth in Article 3 which is offered by H.J. Heinz Foods UK Limited, having its registered office in Middlesex and/or one of its affiliated companies (collectively referred to herein as "Heinz").  By participating in the Promotion you unconditionally agree to the applicability of these Terms and any general terms of any social media platforms used in connection with the Promotion which will be fully applicable to you in addition to these Terms. All entry instructions form part of these Terms.

 

Article 1 – General

1.1 Entry is open to residents of the United Kingdom who are at least 18 (eighteen) years of age at the time of entry.

1.2 Persons younger than 18 (eighteen) 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 Heinz's Privacy Policy and Disclaimer, which can be consulted online at www.heinz.co.uk, are applicable to the Promotion in so far as not explicitly provided otherwise in these Terms.

1.5 Heinz is entitled to modify these Terms during the Promotion Period without prior notice to participants. The version of the Terms which was in force at the time of participation applies to the participant.

1.6 Modifications of these Terms by Heinz will be published on Heinz's website www.heinz.co.uk, where you have the ability to save and/or print a copy of the Terms.

1.7 This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. Participants acknowledge that Facebook shall not have any liability to them in connection with the Promotion.

 

Article 2 – Data

2.1 To enter the competition and enable Heinz to communicate with you, you may 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 be disqualified from the Promotion. 

2.3 During your visit to the Heinz website data could be obtained by using a cookie file which is stored on the hard drive of your computer. Heinz's website uses cookies to distinguish you from other users of our website. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. This, however, can negatively influence the website's performance. For detailed information on the cookies we use and the purposes which we use them for see our Cookie policy, which can be consulted online at www.heinz.co.uk.

2.4 The data you provide to Heinz shall be collected and processed only to the extent and in such a manner as is necessary for the purposes specified in these Terms. Heinz will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with Heinz's privacy policy which can be consulted online at www.heinz.co.uk. Heinz shall not sell or transfer your personal data to third parties which are not part of the Kraft Heinz Company without your prior consent. By participating in the Promotion, each participant consents to the use of their personal data in accordance with these Terms.

2.5 Heinz can collect and process personal data for the following purposes:

  1. to carry out obligations arising from any agreements entered into between you and Heinz;
  2. to carry out any other (legal) obligations;
  3. 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
  4. to deliver the available prize to the winner and to otherwise administer and manage the Promotion.
  5. to carry out market research campaigns that seek your views on our products and services

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 – Promotion

3.1 Grow Your Own 2017

Seeds

3.2 Participants can get their Heinz Tomato seeds by entering their personal data in the subscription form (e.g. name, (e-mail) address, (mobile) phone number. To enter the competition, users must select the ‘Send my Heinz seeds’ button on the landing page of the micro-site to compile their entry.

This promotion will run from 10am GMT 27th February 2017 to 5pm GMT 6th April 2017 (the "Promotion Period").

 

Merchandise

3.3 There are 30 prices to be won during the Competition Period.  In order to take part in the competition, participants will have to post photos of their growing activities/tomato sprouts on the Heinz UK Facebook page.

This promotion will run from 10am GMT 27th February 2017 to 5pm GMT 6th April 2017 (the "Promotion Period").

 

Personalized Bottle

3.4 One participant will get the chance to have his or her tomatoes bottled into his/her personalized bottle of ketchup. In order to take part in the competition, participants will have to post photos of their tomato plant on the Heinz UK Facebook page.

This promotion will run from 10am GMT 4th September 2017 to 5pm GMT 30th September 2017 (the "Promotion Period").

3.5 All competition entries must be received by Heinz by the end of Promotional Period. All entries received after this moment are automatically void and will not be eligible to win a prize. Incomplete entries will not be entered into the competition.

 

Article 4 – Prizes

Seeds

As participant in the Promotion you can win the opportunity to test Heinz tomato seeds. This means that the participant will receive this prize and can use the Heinz tomato seeds for non-commercial purposes.

4.1 [Participant has to enter personal data (e.g. name, (e-mail) address, (mobile) phone number, and will get the prize. Heinz's decision is final and binding and no correspondence will be entered into.

4.2 There is a limit of 3 entries per household.

4.3 There are 30,000 packets of seeds available to win during the Competition Period.

4.4 The number of seed packets that are available to win each day of the competition on the micro-site will be controlled and limited to 2,000, allowing as many people as possible to have the chance to win seeds over the duration of the campaign.

4.5 If the amount of seeds won per day reaches the limit, the customer will be notified immediately and will be asked to return to win seeds the next day.

4.6 The prize is personal to the winner. The prize cannot be returned, is non-assignable and non-transferable and there is no cash alternative for the prize(s).

4.7 The prize will be sent to the address given at the time of entry within 4 (four) weeks after the end of the Promotion Period.

4.8 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.

4.9 In case the prize cannot be awarded to the winner for other reasons beyond Heinz's control, the winner can claim its prize no more than 3 (three) months after [Promotion Period]. After this period or by rejection of the prize the prize will be reverted to Heinz.

4.10 Prizes will be delivered only to an address in the United Kingdom (including Northern Ireland).

4.11 Each winner's name and county are available on request by emailing within 7 of the end of the Promotion Period.

4.12 Any betting and gaming taxes or levies due upon the award of the prize(s) 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.

 

Merchandise

4.13 There are 30 prizes to be won during the Competition Period. During the Competition Period, judging will take place on the dates and for the prizes listed below.  Please note that once the judging takes place for each prize on the dates listed below, those prizes will then no longer be available for the rest of the Competition Period. Prizes available are listed below:

  • Heinz Tomato Ketchup grow kits (10)

There are 10 Heinz Tomato Ketchup grow kits available. The judging will be completed by 30th March 2017 at 4pm after when the winners are directly announced.

  • Heinz Tomato Ketchup Watering Cans (10)

There are 10 Heinz Tomato Ketchup watering cans. The judging will be completed by 3rd  April 2017 at 10am after when the winners are directly announced.

  • Heinz Tomato Ketchup Mini Wheel barrows (10)

There are 10 Heinz Tomato Ketchup mini wheel barrows available. The judging will be completed by 7th April 2017 at 10am after when the winners are directly announced.

4.14 Winners of the merchandise will have posted on the Heinz UK Facebook page with photos of their growing activities/tomato sprouts. The winners will then be selected by a panel of judges. Winners are chosen at the discretion of the Promoter. Heinz's decision is final and binding and no correspondence will be entered into.

4.15 Winners will be notified within three working days of the post with a reply on Facebook from Heinz on the winning comments and asked to send over their personal details in a Private Message on Facebook to capture all details for the fulfilment of the prize won. Next to this we will also amend the post to announce the winners. Heinz's decision is final and binding and no correspondence will be entered into.

4.16 Winners can only win once during the Promotion Period.

4.17 The prize is personal to the winner. The prize cannot be returned, is non-assignable and non-transferable and there is no cash alternative for the prize.

4.18 The prize can look slightly different than on the image provided on Facebook.

4.19 The prize will be sent to the address given at the time of entry within 4 (four) weeks after the end of the Promotion Period.

4.20 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.

4.21 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.

4.22 In case the prize cannot be awarded to the winner for other reasons beyond Heinz's control, the winner can claim its prize no more than 3 (three) months after [Promotion Period]. After this period or by rejection of the prize, the prize will be reverted to Heinz.

4.23 Prizes will be delivered only to an address in the United Kingdom (including Northern Ireland)

4.24 Each winner's name and county are available on request by emailing within 7 of the end of the Promotion Period.

4.25 Any betting and gaming taxes or levies due upon the award of the prize(s) 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.

 

Personalized Bottle

4.26 A chosen winner from the United Kingdom (including Northern Ireland) will have the chance for their tomatoes to be picked up by an arranged courier. From there, their tomatoes will be transported to the Heinz Innovation Centre in the Netherlands.

4.27 The chosen winner’s home-grown tomatoes will then be used to make one bespoke bottle of Heinz tomato ketchup. This individual bottle will have its ‘Heinz Keystone’ adapted for a one-off time – with the chosen winner’s name, printed on the label.

4.28 The bespoke bottle will then be transported back to the winner, by arranged courier. The bottle is for the winner’s use only.

4.29 Participants will have posted on the Heinz UK Facebook page with photos of their tomato plant. The winner will then be selected by a panel of judges. The winner is chosen at the discretion of the Promoter, based on the size and number of the tomatoes grown as well as the creativeness of the entry. Heinz's decision is final and binding and no correspondence will be entered into.

4.30 If an entrant is chosen as a winner, they will be contacted by Heinz via Facebook for personal details. The participant agrees for their email to be used as point of correspondence between the participant and Heinz.

4.31 Winners can only win once during the Promotion Period.

4.32 The prize is personal to the winner. The prize cannot be returned, is non-assignable and non-transferable and there is no cash alternative for the prize.

4.33 The prize will be sent to the address given at the time of entry within 4 (four) weeks after the end of the Promotion Period.

4.34 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.

4.35 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.

4.36 In case the winner is unable to send his/her tomatoes within the required timeframe to Heinz or the tomatoes don't arrive at Heinz in a proper shape for other reasons beyond Heinz's control or if the winner cannot attend promotional activity then Heinz is entitled to choose another winner without the first winner being entitled to a substitute prize.

4.37 In case the prize cannot be awarded to the winner for other reasons beyond Heinz's control, he winner can claim its prize no more than 3 (three) months after [Promotion Period]. After this period or by rejection of the prize, the prize will be reverted to Heinz.

4.38 The Promoter reserves the right to (i) disqualify any entrant who the Promoter believes has contravened any of these Terms and Conditions, and (ii) use the same method to select an alternative winner in respect of any prize they may have won.                      

4.39 Prizes will be delivered only to an address in the United Kingdom.

4.40 Each winner's name and county are available on request by emailing within 7 of the end of the Promotion Period.

4.41 The winner will be available to take part in any filming or promotional activity once the competition has finished.

4.42 The winner may be asked to take part in interviews with the Promoter or the Promoter’s nominated third party as part of the competition. . By entering the promotion, the winner agrees the use of their name and image should the Promoter request they participate in promotional activity.

4.43 By uploading an image ("User Generated Content") to the Heinz Ketchup UK Facebook page users are waiving any moral rights which may exist in the User Generated Content and granting Heinz a royalty-free, non-exclusive license to upload, store, use, modify, display, copy and distribute such User Generated Content solely in connection with the operation of this branded Facebook page.

4.44 Any betting and gaming taxes or levies due upon the award of the prize(s) 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 prizes

5.1 All costs related to shipment of any of the prizes (including VAT) will be paid by Heinz.

5.2 Heinz shall only reimburse any costs referred to in clause 5.1 reasonably incurred by participant, always subject of participant's production of receipts or other appropriate evidence of payment.

5.3 The respective prize will be sent to the address of the winner given at the time of entry within 4 (four) weeks after the end of the Promotion.

5.4 Prizes will be delivered only to an address in the United Kingdom.

 

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 promise to Heinz that the Materials do not infringe any third party rights (such as intellectual property rights) and are not otherwise unlawful.

6.3 In the event that the Materials infringe any third party rights or are 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:

  1. Receipt, use or misuse of the prizes sent by Heinz;
  2. The cancellation, interruption, or alteration of the Promotion;
  3. Any entry which for technical or other reasons is unsuccessful, incomplete, lost, late, damaged corrupter or misdirected;
  4. The unlawful use of any used systems by third parties (e.g. hacking).

 

Article 7 – Intellectual property

7.1 Any intellectual property rights, including but not limited to copyrights are the sole and exclusive property of the Heinz and shall vest in Heinz.

7.2 To the extent legal title to all such intellectual property rights 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 rights.

7.3 In so far as possible by law, you hereby waive and agree never to assert against Heinz any moral rights granted by any right to claim authorship, object or prevent modification, or control the publication or distribution with respect to any works protected by copyrights.

7.4 To be complete, Heinz or its sub-licencee is entitled to shorten, alter or remove any Materials in its sole discretion without (prior) notice and/or consent by you.

7.5 By participation in the Promotion you give Heinz the right to publish and use your name and/or Materials on, included without limitation:

a. Prizes; and/or

b. Heinz website and social network pages including but not limited to Twitter, Instagram and Pinterest.

7.6 Hyperlinking to the Promotion is permitted provided that the following conditions are held:

  1. A hyperlink can only be used to link to the homepage of the Promotion;
  2. Advertisements, copyright notices and other notifications on the homepage of the Promotion are not hidden;
  3. Suggesting or mentioning that Heinz sponsors or supports your website is not allowed;
  4. 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 participant which it believes to have acted in breach of these Terms or any applicable legal obligation, without prior notice and in 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 alternative winners in the event that any winner 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 where it becomes necessary to do so, 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 domestic and private use without prior consent by Heinz.

8.5 Unauthorized modification of software applications used for the Promotion without prior consent by Heinz ('hacking') and any tampering with the operation of the Promotion is prohibited. Heinz will hold you liable for any damage suffered by Heinz in this respect and will disqualify you from entry.

8.6 The Promotion or prize may not be used to:

  1. Voice political, religious, violent, sexual or racist opinions which are unlawful or are contrary to good morals;
  2. Offend, tease, discriminate or make any sexual allusion;
  3. Place harmful software (e.g. viruses or worms) on Heinz's software;
  4. Damage Heinz's good name;
  5. 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 Limited
Middlesex
UB4 8AL
Telephone number: 0800 5285757
Email: Consumercare@uk.hjheinz.com

 

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 the United Kingdom.

10.3 All disputes arising in connection with these Terms and/or the Terms shall be submitted to the non-exclusive jurisdiction of the court of London or to a court which is closer to the participant's domicile.