Terms and Conditions

THE FOOD COLLECTIVE REWARD PROGRAM

1. Definitions

1.1. In these terms and conditions:

“Account” means an account with the Promoter used in conenction with the Program.
“Charity Partners” means KiwiHarvest and Kaibosh
“Participant” means a participant in the Program.
“Program” means the “The Food Collective Reward Program” conducted by the Promoter and the Charity Partners.
“Promoter” means Unilever New Zealand Limited (NZBN 9429040971278) trading as Unilever Food Solutions
“Points” means the points allocated pursuant to the Program by purchasing the Products.
“Points Redemption Period” means the period during which all Points may be redeemed, which will be the same period as the Term, unless otherwise specified.
“Products” means the Promoter’s cases of food and beverage products that are participating in the Program as setout on the Website.
“Reward” means a reward specified by the Promoter that may be awarded pursuant to a Participant through the Program as setout on the Website.
“Term” means the period commencing 1st June 2017and ending either on 11.59pm AEDST on 31 December 2017 or whenever the Program is terminated by the Promoter, whichever is the earlier.
“Turn in Order” means an order made by a customer directly (in person or over the phone) with the Promoter’s sale representative.
“Website” means www.foodcollective.co.nz.

1.2. As a condition of registration, the Participant accepts these terms and conditions and any rules, policies or procedures that may be adopted by the Promoter from time to time.

1.3. Any information on how to enter, Points and Rewards form part of these terms and conditions. To the extent of any inconsistency, these terms and conditions prevail. 

1.4. The Program is open to New Zealand businesses who are end user food service customers of the Promoter or the Promoter’s authorised distributors (together, Participants).  Unless notified by the Promoter in writing, the following persons or entities are not eligible to participate in the Program: 

1.4.1. the Promoter’s distributors, resellers, wholesalers, suppliers, contract customers, contract caterers or operators that currently have supply agreements directly with the Promoter; 
1.4.2. government and statutory bodies; and 
1.4.3. any other businesses determined by the Promoter to be ineligible in its absolute discretion.

1.5. The Promoter’s decision on all matters pertaining to the Program, including but not limited to, any dispute as to the identity of a Participant, eligibility to become a Participant or Points accumulated by a Participant is final and binding. No correspondence will be entered into.

2. Registration and entering invoices

2.1 To register, an authorised representative on behalf of the Participant, must visit the Website, during the Term, and register for an Account.

2.2 Once the Participant has been registered via the Website, the Participant will be provided with a user name and password, which will be sent to the authorised representative who registered the Participant. 

2.3 Each Participant can only register once for the Program. 

2.4 Authorised representatives, on behalf of the Participant, can enter invoices recording the purchase of Products by the Participant, during the Term, by undertaking the any of the following steps:

(a) visit the Website, and in accordance with the prompts, upload a copy of their invoices;
(b) email their invoices to raise@foodcollective.co.nz with the subject line “Food Collective”; or
(c) fax their invoices to 0800 614 411

2.5 Each invoice can only be entered once. Each invoice must be entered by the earlier of the following dates:

(a) within 3 months of the date of purchase; 
(b) within the Term. 

2.6 Original invoices must be retained as proof of purchase, and presented upon request from the Promoter. Failure to provide proof of purchase when requested, may, in the absolute discretion of the Promoter, result in the Participant’s termination from the Program and invalidate any right to receive any Reward.

2.7 In addition to being able to send in invoices to the Promoter, if the eligible business has registered as a Participant, the Participant can receive Points through submitting a Turn in Order, during the Term, via the Promoter’s sales team or telesales team, instead of sending in invoices. If the Participant receives Points in connection with a Turn in Order, the Participant will not also receive Points for sending invoices recording those same purchases.  

3. Earning and Redeeming Points

3.1 Participants can earn Points, during the Term,  by purchasing Products as listed on the Website and then enter the associated invoices (or make the relevant Turn in Order) in accordance with these terms and conditions. The amount of Points the Participant can earn for purchasing the Products will be detailed on the Website. The Promoter reserves the right to vary the number of Points that a Participant can receive for purchasing Products, at any time without notice, including but not limited to, offering bonus Points at various times throughout the Term. 

3.2 Participants will be able to view the number of Points they have at any time by accessing their Account. Participants should allow up to 14 days after submitting an invoice (or making a Turn in Order) before the Points are recorded in their Account.

3.3 Participants may, during the Points Redemption Period, redeem their accumulated Points for a Reward with a corresponding Points level as listed on the Website. The Promoter reserves the right to increase the number of Points required to claim a particular Reward at any time without notice.

3.4 To redeem Points for a Reward, an authorised representative on behalf of the Participant, must visit the Website, follow the prompts and select the Reward(s) the Participant would like to use their Points for during the Points Redemption Period. Once the relevant number of Points is used to redeem a Reward, those Points will be removed from the Participant’s Points balance. Points can only be redeemed for Rewards if the Participant is in compliance with these terms and conditions.

3.5 Unless otherwise specified by the Promoter, Points are not transferable and must be redeemed by the Participant to whom the Points were issued.

3.6 Points cannot be exchanged for cash.

3.7 Participants may not pool or combine Points in order to redeem a Reward or a Reward of greater value.

3.8 Points are valid for redemption for a Reward in the absolute discretion of the Promoter. A Participant’s Points are forfeited if the Participant closes their Account prior to the Points Redemption Period.

3.9 A Participant may only redeem their Points during the Points Redemption Period. Any Points not redeemed by the expiry of the Points Redemption Period will be forfeited.

3.10 Reward claims will be processed and fulfilled once verified, with Rewards being delivered to the Participant’s nominated email address. Participants should allow up 6 weeks to receive their reward once selected.

3.11 Any person claiming a reward on behalf of a Participant warrants they are authorised to do so. The Promoter accepts no responsibility if the person claiming the Reward is not authorised to do so. The Promoter may require the person claiming the Reward, and the Participant, to sign a legal release and indemnity in the form required by the Promoter.

4. Donation 

4.1 For each case of Product purchased during the Term, which is entered into the Program by way of the submission of a valid invoice in accordance with these terms and conditions, the Promoter will donate NZD $0.50 to the Charity Partners operating. The final donation amount will be paid by the Promoter after the conclusion the Program. 

4.2 The Participant will also have the ability to register to have leftover food picked up by the Charity Partners operting in their region. The Charity Partners cannot guarantee that it will be able to pick up food from all Participants. In addition, if any Participant takes part in any food collection program with the Charity Partners, that is a matter between the Charity Partners and the Participant, and the Promoter will not be held responsible in this regard.

5. General 

5.1 The Promoter reserves the right, at any time, to verify the validity of, Points reward claims, Participants and authorised representatives (including an authorised representative’s identity, age and place of employment) and reserves the right, in its sole discretion, to disqualify any Participant who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the participation process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Program. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

5.2 The Rewards are subject to the standard terms and conditions of individual Reward and service providers. 

5.3 If for any reason a Participant does not take their selected Reward by the time stipulated by the Promoter, then the Reward will be forfeited.

5.4 If any Reward is unavailable, the Promoter, in its discretion, reserves the right to substitute the Reward with a Reward to the equal value and/or specification.

5.5 Rewards, or any unused portion of a Reward, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. 

5.6 If this Program is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Participant; or (b) to modify, suspend, terminate or cancel the Program, as appropriate.

5.7 Any cost associated with accessing the promotional website is the participant’s responsibility and is dependent on the Internet service provider used. 

5.8 Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the any statutory or implied warranties and consumer guarantees (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Program.

5.9 Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any Points or Reward claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Reward value; (e) any tax liability incurred by a Participant or Reward recipient; or (f) taking/use of a reward.

5.10 Liability for any tax on any benefits provided to Participants or Reward recipients pursuant to this Program shall be the sole responsibility of the Participants and Reward recipients. It is recommended that Participants and Reward recipients should contact their own accountant or taxation advisor in this regard.

5.11 The Promoter collects personal information ("PI") in order to conduct the Program and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and reward suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://www.unileverprivacypolicy.com/en_gb/policy.aspx.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning individuals. The Privacy Policy also contains information about how individuals may opt out, access, update or correct their PI, how individuals may complain about a breach of the New Zealand  the privacy laws or any other applicable law and how those complaints will be dealt with. All claims become the property of the Promoter. The Promoter will disclose an individual’s personal information to its affiliated entities in Australia, but will not otherwise disclose that personal information outside of Australia or New Zealand.