TERMS AND CONDITIONS

DENMARK

These Terms and Conditions (“Terms”) are applicable to the promotion (“Promotion”) as set forth in Articles 3 and 4 which is offered by H.J. Heinz B.V., Netherlands, Swedish Filial having its registered office in Birger Jarlsgatan 43, 111 45 Stockholm, Sweden and/or one of its affiliated companies (collectively referred to herein as “Heinz”). The Promotion is done by Heinz. By participating in the Promotion you unconditionally agree to the applicability of these Terms and any general terms of social media platforms, such terms and conditions are beyond the control of Heinz, including but not limited to Instagram, Facebook, and TikTok, which may remain fully applicable in addition to these Terms.

Article 1 – General

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

  2. Persons younger than eighteen (18) years of age require parental consent or consent of a legal guardian in order To participate in the Promotion.

  3. Anyone directly professionally connected to the selection of the winner(s) of the Promotion is ineligible to enter this Promotion. 

  4. There is a limit of one (1) entry per day, per person. 

  5. Heinz's Privacy Policy and Disclaimer, which can be consulted online at KRAFT HEINZ PRIVACY NOTICE | Kraft Heinz(opens in a new window), are applicable to the Promotion in so far as not explicitly provided otherwise in these Terms.

  6. Heinz is entitled to modify these Terms during the Promotion Period without prior notice to participants. 

  7. Modifications of these Terms by Heinz will be published on Heinz's website KRAFT HEINZ PRIVACY NOTICE | Kraft Heinz(opens in a new window), where you have the ability to save and/or print a copy of the Terms.

  8. This Promotion is in no way sponsored, endorsed or administered by, or associated with any social media platform, including but not limited to Instagram.

Article 2 – Data

  1. To enable Heinz to communicate with you, you can be asked to provide personal data to Heinz (e.g. name, (e-mail) address, (mobile) phone number).

  2. You guarantee that all the information provided by you is correct, accurate and complete. Participants who provide incorrect information may be disqualified from the Promotion.

  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 KRAFT HEINZ PRIVACY NOTICE | Kraft Heinz(opens in a new window).

  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. 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.

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

    • to carry out obligations arising from any agreements entered into between you and Heinz;

    • to carry out any other (legal) obligations; 

    • 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 

    • to deliver the available prize to the winner

  6. Heinz will take all appropriate security measures to protect your persona

    l data against loss, damage or unlawful or unauthorised processing.

  7. You are entitled to make a formal request for the information that Heinz hol

    ds 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 10 for contact details.

  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.

  9. When parental consent or consent of a legal guardian has been given for participation on behalf of persons younger than eighteen (18) years, Heinz shall only use personal data needed for participation in the Promotion.

Article 3 – Prize

  1. Twenty-four (24) prizes are available to be won during the Promotion (being one prize per day during the Promotion Period).  The following prizes are available to be won on the following dates:

  • 2024-12-01 – one (1) beach towel 140X200 cm

  • 2024-12-02 – one (1) Heinz hoodie (M)

  • 2024-12-03 – one (1) Totem bag 30x45 cm – tomato tote bag

  • 2024-12-04 – one (1) Heinz Cap

  • 2024-12-05 – one (1) Heinz note books 15 x 20cm

  • 2024-12-06 – one (1) Totem bag 30x45 cm – Beanz bag

  • 2024-12-07 – one (1) Heinz cap

  • 2024-12-08 – one (1) Heinz cook book 

  • 2024-12-09 – one (1) beach chair

  • 2024-12-10 – one (1) Heinz suitcase 54 x 37 x 20cm 

  • 2024-12-11 – one (1) Heinz socks size 39-41

  • 2024-12-12 – one (1) Baseball jacket (M)

  • 2024-12-13 – one (1) Christmas ornament

  • 2024-12-14 – one (1) Heinz note books 15 x 20cm

  • 2024-12-15 – one (1) pair of gloves and mittens

  • 2024-12-16 – one (1) Totem bag 30x45 cm – Red Heinz

  • 2024-12-17 – one (1) Baseball jacket (XL)

  • 2024-12-18 – one (1) Totem bag 30x45 cm – Beanz bag

  • 2024-12-19 – one (1) beach towels 140X200 cm

  • 2024-12-20 – one (1) Heinz socks size 39-41

  • 2024-12-21 – one (1) Training bag Heinz 40*30cm

  • 2024-12-22 –one (1) beach chair

  • 2024-12-23 – one (1) Heinz cook book 

  • 2024-12-24 – one (1) Stålhästen bike red,

(hereinafter each individually referred to as a “Daily Prize” and collectively referred to as the “Prizes”).

2. Each Daily Prize is personal to the winner. The Daily Prize cannot be returned, is non-assignable and non-transferable.

3. Heinz reserves the right to offer an alternative Daily Prize of equal or greater value should the original Daily Prize offered become unavailable for reasons beyond its control.

Article 4 – Promotion

  1. This promotion will run from 1st December 2024 to 24th December 2024 (the "Promotion Period"). 

  2. The Promotion will run on Heinz Denmark’s Instagram account (Heinz_danmark). Each day during the Promotion, a different Heinz Christmas Advent Calendar picture (the “Promotional Picture”) will be displayed on the Heinz Denmark Instagram account.  To enter, eligible participants must do all of the following:

    • Follow Heinz_danmark on Instagram; and‘

    • Like’ the daily Promotional Picture; and

    • Answer the daily question. There is no correct answer to the question.

    In addition, to be eligible to win the Heinz suitcase 54 x 37 x 20cm and the Stålhästen bike red, only available on 10 December and 24 December respectively, participants will also need to tag a friend.

  3. There is one prize available per day of the Promotion Period (as set out at Article 3.1 above). Participants can only enter once per day during the Promotion Period. 

  4. The winner of each Daily Prize will be selected at random from all valid entries via an independently verified, randomised computer process within seven (7) days following each day of the Promotion Period (the “Prize Draw”).  The Promotion will consist of 24 separate Prize Draws, one for each Daily Prize available during the Promotion Period. Heinz's decision is final and binding and no correspondence will be entered into. 

  5. To be eligible to win a Daily Prize, all valid entries must be received by Heinz by no later than 23:59 on each day of the Promotion Period. All entries received after 23:59 on 24 December are automatically void.

  6. The winners of the twenty-four (24) Daily Prizes will be contacted by Heinz through Instagram DM within seven (7) days following each respective Prize Draw and, if not already provided, may be asked to provide contact information, including but not limited to, telephone and/or home address and/or e-mail, to facilitate the sending of the Daily Prize. 

  7. To accept the Daily Prize, the winner must reply to the message within 48 hours of the DM being sent, confirming that:

    • They accept the Daily Prize in accordance with the message; and

    • They give their consent to process their personal data solely to enable the facilitation of the Daily Prize.

    • They agree that their Instagram profile-names will be published on Heinz’s Instagram.They will supply Heinz with name, delivery address and phone number

  8. Heinz will make all reasonable efforts to contact the winners. If the winners cannot be contacted or is not available, Heinz reserves the right to offer the Daily Prize to a new selected winner.

  9. Prizes will be delivered only to an address in Denmark with postage for sending out the Prizes covered by Heinz. 

  10. Any betting and gaming taxes or levies due upon the award of the Prizes 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 Prizes shall be borne by and for the account of the relevant winner of the Daily Prize and/or the participant.

Article 5 – Shipping costs of the Prize 

  1. All reasonably incurred costs related to shipment of each Daily Prize (including VAT) will be paid by Heinz. 

  2. The Prizes will be sent to the address provided by the winners or given at the time of entry by January 31st 2025

Article 6 – Liability

  1. You agree that participation in the Promotion is at your own risk.

  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, irrespective of the method of submission (e.g. orally, electronically or in writing), submitted to Heinz in connection with the Promotion ("Materials"). You also declare that the Materials do not infringe any third party rights and are not otherwise unlawful. You indemnify Heinz for any third party claims regarding the Materials.

  3. In the event that Materials infringe any third party rights or is otherwise unlawful, Heinz is entitled to disqualify your entry and to hold you liable for any damages caused as a result.

  4. Heinz will in any circumstances not be responsible or liable for any Promotion entries and any Materials.

  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:

    • the Prize sent by Heinz;

    • the cancellation, interruption, or alteration of the Promotion;

    • the unlawful use of any used systems by third parties.

Article 7 – Intellectual property

  1. "Intellectual Property” means any patents, patentable rights, rights in inventions, utility models, plant varieties, moral rights, personality rights, trademarks, trade dress, goodwill, business names, company names, domain names, copyright, design rights, rights in data, database rights, rights in know-how, specifications, recipe formulations, trade secrets and all other intellectual and industrial property and similar or analogous rights existing under the laws of any country (whether or not registered, whether present, future or contingent, and including without limitation all renewals, extensions, revivals or accrued rights of action) and all pending applications for and right to apply for or register the same. 

  2. Intellectual Property, including but not limited to copyrights are the sole and exclusive property of Heinz and shall vest in Heinz.

  3. To the extent legal title to all such Intellectual Property does not automatically vest in Heinz, you hereby transfer and assign to Heinz which transfer and assignment is hereby accepted all worldwide right, title and interest in and to any such Intellectual Property.

  4. In so far as possible by law, you hereby waive and agree never to assert against Heinz Intellectual Property to claim authorship, object or prevent modification, or control the publication or distribution with respect to any works protected by Intellectual Property.

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

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

    • Each daily Prize; and/or

    • Heinz’s website and social network pages including but not limited to Twitter, Instagram, Facebook and TikTok.

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

    • A hyperlink can only be used to link to the homepage of the Promotion;

    • Advertisements, copyright notices and other notifications on the homepage of the Promotion are not hidden;

    • Suggesting or mentioning that Heinz sponsors or supports your website is not allowed;

    • Hyperlinks are removed promptly if requested by Heinz.

Please also check the applicable conditions of your website provider.

Article 8 – Rights of Heinz

  1. Heinz reserves the right to disqualify any entry which has not been made in compliance with these Terms or any applicable legal obligation, without prior notice and to its own discretion, without being liable for any possible damages. Heinz's decision will be final and binding in all matters and no correspondence will be entered into.

  2. Heinz reserves the right to select (an) alternative winner(s) in the event that any winner(s) have/has contravened any of these Terms.

  3. Heinz reserves the right to cancel, suspend, or amend the Promotion without prior notice and at its own discretion, without being liable for any possible damages, to the extent permitted by applicable law.

  4. The Promotion entry and any accompanying material can be used for private use without prior consent by Heinz.

  5. Unauthorised modification of software applications used for the Promotion without prior consent by Heinz ('hacking') is prohibited. Heinz will hold you liable for any damage suffered by Heinz in this respect.

  6. The Promotion or the Prizes may not be used to:

    • voice political, religious, violent, sexual or racist opinions which are unlawful or are contrary to good morals;

    • offend, tease, discriminate or make any sexual allusion;

    • place harmful software (e.g. viruses or worms) on Heinz's software;

    • damage Heinz's good name;

    • infringe the (intellectual property) rights of third parties.

Article 9 – Release

  1. You hereby release and discharge Kraft Heinz, and its agents, representatives and assignees from any and all claims and demands arising out of or in connection with the use of your name, likeness, voice, image, and/or appearance, including any and all claims for invasion of privacy, right of publicity, misappropriation or misuse of image, and/or defamation. This release shall be binding upon you, your heirs, legal representatives, and assigns.

Article 10 – Contact Details

  1. If you have any queries, remarks or complaints on the Promotion or these Terms, please contact:

H.J. Heinz B.V., Netherlands, Swedish Filial

Address:  Birger Jarlsgatan 43, 111 45 Stockholm, Sweden

E-mail: info.heinz@kraftheinz.com

Article 11 – Miscellaneous 

  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.

  2. These Terms shall be governed by the laws of Denmark.

  3. All disputes arising in connection with these Terms and/or the Terms shall be submitted to the exclusive jurisdiction of the courts of Denmark.