Terms and Conditions for the Ultimate MANOMASA® Bundle Competition 2024 on Instagram – 18 November 2024
Eligibility
1. The Ultimate MANOMASA® Bundle Competition 2024 (“the Competition”) is open to all residents of the United Kingdom aged 18 or over only (proof of ID may be required) and excludes employees and their families of Kettle Food Ltd (“Kettle Foods” “we”), its agents, affiliated companies or anyone else professionally connected with the Competition.
The Competition
2. The Competition opens at 08:00 hours on 18 November 2024 on closes at 23:59 hours on 24 November 2024.
3. Instagram account is required to enter.
4.These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including but not limited to advertising or Competition materials.
Entry Instructions
5. Entry is via Instagram. To be in with a chance of winning the prize, entrants must:
i) like the Competition post;
ii) follow @manomasa; and
iii) tag a friend in the comments and tell us, “who you would invite to your fiesta.”
Any entries that are offensive, inappropriate or unlawful will be automatically disqualified and hidden from public view.
6. Entries received via any other means, including for example via the Instagram direct message system, are not valid.
7. Only one entry per person will be accepted. Third party entries and entrants found to be using multiple Instagram accounts to enter the Competition will be ineligible.
8. It is the responsibility of each entrant to provide correct, up-to-date details when entering the Competition and on prize acceptance. Kettle Foods cannot be held responsible for the winner failing to supply accurate information which affects their acceptance and/or delivery of the prize.
Prize & Selection of Winner
9. There will be 1 winner drawn at random after the Competition closes from all entries correctly submitted in accordance with clause 5.
10. The winner will receive the following prize:
- 1x140g bag of MANOMASA® Manchego & Green Olive Tortilla Chips;
- 1x140g bag of MANOMASA® Chipotle & Lime Tortilla Chips;
- 1x140g bag of MANOMASA® Serrano Chilli & Yucatan Honey Tortilla Chips;
- 1x140g bag of MANOMASA® Green Lemon & Pink Peppercorn Tortilla Chips;
- 1x140g bag of MANOMASA® Sea Salt & Pink Peppercorn Tortilla Chips;
- 1x Tote Bag measuring 42 cm by 37.5 cm branded with the MANOMASA® logo;
- 1x360g MANOMASA® Lemon & Peppercorn Taco Kit;
- 1x440g MANOMASA® Chipotle & Lime Fajita Kit;
- 1x455g MANOMASA® Chilli & Honey Fajita kit;
- 1x455g MANOMASA® Smokey Mexican Mole Taco Kit;
- 1x420g MANOMASA® Chipotle & Lime Traybake Kit;
- 1x540g MANOMASA® Smoky Tomato & Chilli Enchilada Kit; and
- 1x240g MANOMASA® Chipotle & Lime Nacho Kit.
The prize will be dispatched by Kettle Foods’ Agency, Farrows Limited, 64 King Street, Norwich, Norfolk, NR1 1GP via courier (a signature may be required on delivery) and will arrive on or before 16 December 2024.
It is the winner’s responsibility to share the prize with the individual tagged in accordance with clause 5iii) when they entered the Competition and Kettle Foods is not responsible for this.
If any element of either the prize is unavailable, we reserve the right to substitute it with a similar prize of equal or greater value.
11. The Competition prize is not for resale nor is it redeemable in whole or in part for cash nor is it refundable
12. The winner will be contacted via Instagram direct message by 17:00 on 27 November 2024 to inform them that they have won the prize. The winner will be asked to message Kettle Foods direct providing their full name, postal address, email address and contact telephone number. If the winner does not respond with their details within 2 days, their prize will be forfeited and an alternative winner will be drawn at random from the remaining entries. The postal address supplied must be the delivery address.
13. The prize winner may be asked to take part in publicity accompanying or resulting from this Competition.
General
14. Other than for liability for loss, death or personal injury occurring from the negligence of Kettle Foods, so far as is permitted by law, Kettle Foods and its associated agencies hereby excludes all liability for loss, damage, costs and expenses whether direct or indirect, howsoever caused in connection with the Competition, the fulfilment of the prize and/or the use of the prize.
15. All personal data relating to entrants will be used solely for the administration of the Competition and for no other purpose in accordance with the UK data protection legislation including but not limited to the Data Protection Act 2018 and the UK General Data Protection Regulation and will not be disclosed to a third party (other than to our selected partners who are assisting with the administration of the Competition) without the individuals’ prior consent. Entrant’s personal data will be handled in accordance with Kettle Foods’s Privacy Policy, see below. The Third Parties assisting with the administration of this Competition are: Farrows Limited (registered office address set out in clause 10). You can request access to your personal data, or have any inaccuracies rectified, by writing to ‘the Ultimate MANOMASA® Bundle Competition 2024,’ Kettle Foods Ltd, 38 Barnard Road, Bowthorpe, Norwich, Norfolk NR5 9JP. By participating in the Competition, you agree to the use of your personal data as described here.
16. This Competition/promotion is in no way sponsored, endorsed or administered by, or associated with Instagram and you hereby release this platform from any liability associated with the Competition.
17. Kettle Foods reserves the right to verify all entries and ID (passport, driving license or equivalent) and refuse to award the prize or withdraw the prize and/or refuse further participation in the Competition and disqualify the entrant where there are reasonable grounds to believe that there has been a breach of these Terms and Conditions or any instructions forming part of this Competition’s entry requirements or otherwise where an entrant has gained unfair advantage in participating in the Competition or won using fraudulent means. Kettle Foods will be the final arbiter in any decisions and these will be final and binding. No correspondence will be entered into.
18. Kettle Foods reserves the right to disqualify incorrect, incomplete, altered or illegible entries. No responsibility will be taken for entries lost, damaged, delayed or undelivered or any failure of the internet or of any kind that may prevent any entrant from entering the Competition. Proof of sending will not be accepted as proof of delivery.
19. In the event of circumstances outside of the reasonable control of Kettle Foods, or otherwise where fraud, abuse and/or an error (human or computer) affects or could affect the proper operation of this Competition or the awarding of the prize, and only where circumstances make this unavoidable, Kettle Foods reserves the right to cancel, modify or suspend the Competition or these Terms and Conditions at any stage.
If any act, omission, event or circumstance occurs which is beyond the reasonable control of Kettle Foods and which prevents Kettle Foods from complying with these terms and conditions (including but not limited to global or regional health crises, weather conditions, fire, flood, strike, hurricane, industrial dispute, war, terrorist activity, hostilities, political unrest, riots, civil commotion, epidemic, pandemic, famine, plague or other natural calamities and acts of God), Kettle Foods will not be liable for any failure to perform or delay in performing its obligations but will always endeavour to minimalize the effect to entrants in order to avoid undue disappointment.
20. Junk filters and/or IT difficulties may affect email delivery or receipt or participation in this Competition. Kettle Foods accepts no responsibility for this. Kettle Foods has no control over internet or communication networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. Kettle Foods will not be held liable to any individual for any fraud committed by any third party nor for any event beyond its control including, but not limited to, user error and any network, computer, hardware or software failures of any kind which may restrict, delay or prevent a participant’s entry to the Competition.
21. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.
22. Details of winners’ surnames and counties of residence will be available for three months after the close of the Competition by writing to the Ultimate MANOMASA® Bundle Competition 2024,’ Kettle Foods Ltd, 38 Barnard Road, Bowthorpe, Norwich, Norfolk NR5 9JP. Kettle Foods reserves the right to refuse such requests. Winners of the Competition have the right to object to the publication of their surname when contacting Kettle Foods to accept their prize in accordance with the provisions of these Terms and Conditions. In such circumstances, only the county of the winners will be available on request. For the avoidance of doubt, Kettle Foods is still obliged to provide the winners full names, counties and details of each winning entry to the Advertising Standards Agency (“ASA”) if requested by the ASA.
23. These Terms and Conditions shall be governed by the law of the relevant country for each entrant, and entrants submit to the exclusive jurisdiction of the courts of the relevant country they reside in.
14. Promoter: Kettle Foods Ltd, 38 Barnard Road, Bowthorpe, Norwich NR5 9JP.
15. Terms and conditions of this Competition are correct as of 11 November 2024.
Our details
We are Kettle Foods Ltd (company number 2238320) a leading manufacturer of premium hand cooked potato chips and snacks in the UK. Our registered office address is at 38 Barnard Road, Bowthorpe, Norwich, Norfolk NR5 9JP, UK. We are the data controller for the purposes of Data Protection Laws, in respect of your personal information collected and used through you entering the Competition. We dictate the purpose for which your personal information is used and how we use your personal information. See “Questions or complaints” section below for more information on how to contact us.
As described in the section below entitled “How is your personal information shared?”, we may share your personal information with other organisations, such as other entities in the Kettle Foods Family, that may receive and process your personal information as a controller in their own right. By “Kettle Foods Family”, we mean the companies within the same group as Kettle Foods Ltd.
What personal information do we gather from you and how is it collected?
We gather personal information from you such as your first/last name that you provide voluntarily when you enter the Competition. If proof of identity is required, we may also request a copy of your passport or driver’s licence. The postal address, email address and telephone number of all winning entrants may also be requested for the purposes of the administration of this Competition and to send out the Competition prize. The personal information of Competition entrants provided to us may also be gathered for any other purpose for which an entrant has consented.
If you provide us with personal information about another person e.g. their name, photograph or any other personal information that could identify them, you must ensure that before you provide us with their personal information, you have their agreement to do so and that they are aware of the ways in which we use personal information as set out in this Notice.
How is your personal information used and on what legal bases?
Our main aim in gathering your personal information is to provide you with a customised service. In particular, your personal information may be used by us, our employees and service providers and disclosed to third parties for the following purposes. For each of these purposes, we have set out the legal basis on which we use your personal information.
Purpose |
Legal Basis |
To provide you with the services we offer (including any Competitions or competitions). |
This is in our legitimate interest (i.e., the provision of the services to you), and depending on the circumstances, to perform a contract between you and us. |
To communicate with you and other individuals and to carry out your requests and respond to your communications. |
This is in our legitimate interest (i.e., the provision and support of social media pages). |
To carry out our obligations arising from any contracts entered into between you and us. |
This is to perform a contract between you and us. |
To comply with any legal or regulatory obligations |
This is in our legitimate interests (i.e., protection of our business, employees and customers) and for compliance with legal obligations to which we are subject. |
We may also use aggregate personal information and statistics for the purposes of monitoring our social media pages in order to help us develop the pages and our services. These statistics will not include any data that can be used to identify any individual.
How is your personal information shared?
We do not share personal information with third parties unless certain safeguards and contractual arrangements are in place. We may share personal information within the Kettle Foods Family and certain selected companies. The Kettle Foods Family will process your personal information in accordance with this Notice and all applicable Data Protection Law.
The selected companies are those that provide technical assistance and perform other functions to support our marketing activities or a Competitional partner who may be supplying an element of the Competition prize. Our third-party service providers include our IT service providers and marketing agencies. In some cases, third party providers will be acting as a data controller of your information and in such circumstances, we advise you to read their Privacy Notice. If any of our third-party service providers shares your information with us, we will use it in accordance with this Notice.
All selected companies may have access to personal information if needed to perform such functions but will only be permitted by us to use such personal information for the purpose of performing that function (which may include one to which you have expressly given your consent) and not for any other purpose.
We may transfer your personal information to a third party as part of a sale of some or all of our business and assets or as part of any business restructuring or reorganisation, or if we are under a duty to disclose or share your personal information in order to comply with any legal obligation or to enforce or apply our terms of use or to protect the rights, property or safety of our competition entrants. However, we will take steps with the aim of ensuring that your privacy rights continue to be protected.
We reserve the right to use or disclose any personal information as needed to satisfy any law, regulation or legal request, to fulfil your requests, or to cooperate in any law enforcement or regulatory investigation. Save for this, we do not sell, rent, transfer or disclose personal information we have collected from you to third parties outside the Kettle Foods Family.
Transferring your information outside of the UK
Whilst we do not anticipate transferring your personal data outside of the UK, due to the global nature of our business, as part of the services offered to you through our competitions, the information which you provide to us may be transferred to countries outside the UK (such a country is called a “third country”). Data Protection Law imposes restrictions on the transfer of personal information outside of the UK but such transfers can be made if the country to which we may transfer the data has an adequate level of protection for your rights, there are appropriate safeguards or a contract is in place allowing the transfer to take place or the transfer is necessary for reasons set out in the Data Protection Laws.
Some countries may not have similar Data Protection Laws to the UK. If we transfer your information outside of the UK in this way, we will take reasonable steps and implement measures to ensure that appropriate security safeguards are taken with the aim of ensuring that your privacy rights continue to be protected as outlined in this Notice and in accordance with the Data Protection Law. These measures generally include either transferring personal information to countries that have been deemed to provide an adequate level of protection for personal information by the UK or from September 2022, transferring personal information to a country where the recipient has agreed to the UK’s International Data Transfer Agreement or the International Data Transfer Addendum to the European Commission’s new Standard Contractual Clauses and any other appropriate safeguards. In addition, a Data Transfer Risk Assessment (“TRA”) or Data Protection Impact Assessment incorporating a TRA may be carried out.
Data breach
The UK Data Protection Law requires us as Data Controller of your personal information to notify the applicable regulator (and in certain instances you) of a personal data breach which we will do as appropriate.
Children
Our social media pages are designed and intended for use by people aged 18 and over. You must be 18 in order to “Like” our pages. Please do not attempt to do so if you are under 18. Although we are not responsible for determining the age of our user, we reserve the right to check an individual’s age and deny access to any of our competitions, prizes, samples or other content to anyone under 18. We will delete any personal information which has been inadvertently collected from anyone under 18 as soon as possible after we are aware of it.
Protection of your personal information and retention
We keep your personal information confidential. We use appropriate technical, physical, legal and organisational measures, which comply with Data Protection Laws to keep personal information secure. For example, all outgoing and incoming email is scanned for viruses.
We will retain your personal information for as long as is necessary for purposes for which it was collected. The precise period will depend on the reason why it was collected; for competitions it will be retained until the competition has been administered (unless you have consented otherwise) or as long as the law requires whichever is the later. Once the retention period for each situation has expired, we will take all reasonable steps to destroy or erase from our systems all personal data that we no longer require in accordance with all our applicable record retention schedules and policies.
Your rights
You have certain rights with respect to your personal information. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights. You can exercise those rights using the contact details below.
Summary of your rights |
|
Right of access to your personal information |
You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions. |
Right to rectify your personal information |
You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete. |
Right to erasure of your personal information: |
You have the right to ask that your personal information be deleted in certain circumstances. For example (i) where your personal information is no longer necessary in relation to the purposes for which it was collected or otherwise used; (ii) if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal information; (iii) if you object to the use of your personal information (as set out below); (iv) if we have used your personal information unlawfully; or (v) if your personal information needs to be erased to comply with a legal obligation. |
Right to restrict the use of your personal information |
You have the right to suspend our use of your personal information in certain circumstances. For example (i) where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information; (ii) the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead; (iii) we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or (iv) you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection. |
Right to object to the use of your personal information |
You have the right to object to the use of your personal information in certain circumstances. For example (i) where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party); and (ii) if you object to the use of your personal information for direct marketing purposes. |
Right to data portability |
You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies where the use of your personal information is based on your consent or for the performance of a contract, and when the use of your personal information is carried out by automated (i.e. electronic) means. |
Right to withdraw consent |
You have the right to withdraw your consent at any time where we rely on consent to use your personal information. |
Right to complain to the relevant data protection authority |
You have the right to complain to the UK data protection authority where you think we have not used your personal information in accordance with Data Protection Law. Please see the Questions or Complaints section below for contact details of the Information Commissioner’s Office (“ICO”). |
Changes to our privacy Notice
We keep this Notice under regular review and reserve the right to make changes at any time to take account of changes in our business, legal requirements, and the manner in which we process personal information. Any changes we make to this Notice will be posted on our social media pages. The updated Notice will take effect as soon as it has been updated or otherwise communicated to you. This Notice was last updated in May 2023.
Questions or complaints:
If you have any questions, concerns, comments or complaints about this Notice and/or our collection or use of personal information, or if you wish us to stop processing your personal information for any particular purpose or purposes, then please contact our Data Protection Officer on privacy@valeosnackfoods.com or telephone +44 (0)1603 744788.
You can also contact the ICO on helpline telephone number 0303 123 1113 or to call in Welsh 0330 414 6421; live chat via the ICO’s website at www.ico.org.uk (the helpline and live chat options are available Monday to Friday 9 a.m. to 5 p.m. (excluding bank holidays)) ; post: Wycliffe House, Water Lane, Winslow, Cheshire SK9 5AF; or any other means of contact detailed on the ICO’s website (address above). Our ICO ID number is: Z5832152.