“Authorised User” means an individual nominated by a Member to act on its behalf in participating in the Programme; “Distributor” means any distribution company or distributor participating in the Programme; “Eligible Products” means those products of Kepak from time to time listed in the Product List; “Kepak” means Kepak Convenience Foods Unlimited Company (registration number 377773); “Loyalty Account” means the account set up by a Member at the time of, or prior to, registration under the Programme, which account shall be used to record the Points earned and redeemed by a Member; “Member” means any trade customer of any Distributor who has, in the opinion of Kepak, registered as a member of the Programme; “Mobile App” means an application owned by Kepak and developed specifically for use on small, wireless computing devices in connection with the operation and administration of the Programme; “Product List” means the list of Eligible Products contained within Kepak’s product list from time to time which, when purchased, will earn Points for a Member; “Programme” means the Food Alliance Loyalty Programme owned by Kepak and operated on its behalf by Azpiral; “Points” mean the Points which are earned by and awarded to Members through their participation in the Programme; and “Website” means the website of Kepak at www.FoodAlliance.ie.
Operation of the Programme
The Programme is a loyalty programme for trade customers of the Distributors of Kepak under which Members of the Programme can earn Points in return for the purchase of Eligible Products through the Distributor network and can then exchange such Points for a selection of specified gifts and rewards listed in and available through the Website. The Programme will be administered by Azpiral (“Azpiral”) on behalf of Kepak Trade customers of Kepak’s Distributors can apply to open a Loyalty Account by registering their details with Kepak and nominating to Kepak a Distributor that is participating in the Programme. In order to earn Points, participants must have a Loyalty Account and then purchase Eligible Products from a Distributor participating in the Programme. All Authorised Users must reside within Ireland and must be at least eighteen (18) years old at the time of the application by the associated Member to join the Programme. Kepak will make the Website and Mobile App available to Members solely for the purposes of the Programme. Use of the Website and Mobile App is permitted at the discretion of Kepak. Kepak reserves the right to revoke the login credentials of any Member at any time at its sole discretion. Participation in the Programme is personal to each Member. Each Member is responsible for the proper use and security of all access to the Website, Mobile App and Points that are linked to each Member’s Loyalty Account. Members are not permitted to share or transfer their Points without the express written permission of Kepak. In circumstances where a Member opts to allow Authorised Users participate on their behalf, such a Member shall be solely responsible for the actions of such Authorised Users. Kepak shall not be responsible for use of the website or Mobile App in a manner which would contravene these Terms or for any incorrect or mistaken use of the Website or Mobile App by an Authorised User. Kepak staff members and Distributor staff members are excluded from participating in the Programme. Eligibility to participate in the Programme shall be determined at the sole discretion of Kepak. Kepak may immediately suspend or terminate the rights of any Member or Authorised User and/or close a Loyalty Account at any time for any reason including, but not limited to any case where: (a) these terms and conditions and/or the General Terms and Conditions of Sale (as the case may be) are breached by a Member or Authorised User; (b) Kepak reasonably believes that a Member or Authorised User has acted in a manner not permitted under the Programme or by these terms and conditions; (c) a Member or Authorised User engages in (or Kepak reasonably suspects it/him/her of engaging in) any theft from or misconduct in connection with Kepak or any of its suppliers, Distributors or any retailers; (d) a Member or Authorised User supplies false or misleading information to Kepak or Kepak discovers that a Member or Authorised User is not eligible to participate in the Programme; or (e) a Member or Authorised User is abusive or offensive to any member of staff of Kepak or any of its Distributors. A Member can close a Loyalty Account at any time by notifying Kepak in writing. Kepak may cancel, suspend or close the Programme at any time or replace it with one of equal or greater value but it will endeavour to give Members as much notice as it reasonably can on the Website, the Mobile App and/or by displaying notices in Distributors outlets. If a Loyalty Account is closed for any reason other than the cancellation, suspension, closure or replacement of the Programme by Kepak, all rights to redeem the Points in that Loyalty Account shall be forfeited and all unspent or unredeemed Points shall be rendered invalid. If Kepak cancels, suspends, closes or replaces the Programme, Members shall have three (3) months to claim or make use of any unredeemed Points.
Members can start earning Points through the purchase of Eligible Products in participating Distributors immediately upon registering a Loyalty Account. It may take up to two weeks for Points to be added to a Member’s Loyalty Account in respect of each purchase of Eligible Products.
- Kepak may award additional Points for promotions/offers or other activities from time to time such as “Centre of Excellence” visits programmes and attendance at events hosted by Kepak. Kepak may from time to time operate competitions and draws in relation to which separate terms and conditions shall apply.
- Certain products and ranges may be excluded from the Programme at any time and without prior notice and such changes will be at the discretion of Kepak or as may be necessary to comply with Irish or EU legislation.
- Points earned have a monetary value of .0000000001c ROI and .0000000001p NI per Point.
- Subject to the provisions of these terms and conditions that relate to the closure of Loyalty Accounts and/or the Programme, Points are valid for redemption for a period of twenty-four (24) months from their award date, after which they will expire and may be removed from the Loyalty Account by Kepak without further notice. This time limit is subject to change at any time without notice at the absolute discretion of Kepak.
- Kepak reserves the right to withdraw promotions/offers for additional Points without notice.
- If a Member or Authorised User returns Eligible Products to a Distributor Kepak shall be entitled to make a corresponding deduction of the Points earned on the Loyalty Account that relate to such returned Eligible Products.
- If a Member or Authorised User exchanges Eligible Products, then Kepak shall be entitled to cancel some or all of the Points earned for the purchase of such Eligible Products, unless the Member or Authorised User exchanges such Eligible Products for Eligible Products with an equivalent Point value. If a Member or Authorised User exchanges Eligible Products for Eligible Products with a lower Point value, then Kepak shall be entitled to deduct the balance of the Point value from the Loyalty Account of that Member that relates to such exchanged Eligible Products.
- In order to redeem Rewards, Members must log into the Website or Mobile App and select the item for redemption. Points may, where available, be redeemed against rewards or vouchers via the Website or the Mobile App. The rewards and vouchers available from time to time may be amended and all rewards and vouchers shall be as stated on the Website from time to time. Additional terms and conditions might apply to such rewards or vouchers and by redeeming their Points for such rewards or vouchers each Member accepts such terms and conditions.
- Kepak accepts no liability for a Member’s acceptance or use of a reward, prize or voucher or for any expectations that may have been held in relation to such.
- Upon redeeming Rewards, the appropriate number of Points will be removed from the Loyalty Account of the relevant Member.
- In cases where the number of Points collected by a Member do not meet the requirements of a particular reward or gift, Points cannot be used to partially redeem that reward or gift.
- If a Member’s Loyalty Account has been inactive (i.e. the Member or any Authorised User has not accessed that Loyalty Account (whether via the Website or via the Mobile App) to earn or redeem Points for a period of 12 consecutive months, such Loyalty Account shall be deemed to be invalid and all unredeemed Points on such Loyalty Account shall be cancelled.
Monthly Prize Draws (Play)
- There are 12 Monthly Prize Draws per annum. Members may spend 300 Points in exchange for one (1) entry into each Prize Draw. Members may enter the Prize Draws as often as they wish, subject to having available Points balance for each entry.
- Prize Draws will take place on the first business day of the following month and one winner will be randomly drawn by an independent adjudicator from all eligible entries received during the previous calendar month. The Promoter’s decisions regarding Draw results and prize allocations will be final and binding and no correspondence will be entered into in relation to the same.
- Prizes are limited to maximum of one monthly prize per Member.
- A range of Rewards will be made available on an ongoing basis throughout the Programme. Members may redeem the corresponding number of Points in exchange for the stated Reward.
- Prize Winners & Reward Claimants will be contacted on behalf of the Promoter directly by Sweete in order to arrange their Prize or Reward.
- Any queries in relation to Prizes or Rewards should be directed to Kepak ROI +353 1 5241729 | UK +44 289 4080003 or email to firstname.lastname@example.org
- Prizes and Rewards are as described in the Play & Reward sections of the Website & Mobile App. The Prizes and Rewards are as stated, are not transferable or exchangeable and cannot be redeemed for cash or any other form of compensation. In the event for any reason the prize winners or reward claimant do not take an element of the prize or reward at the time stipulated by the Promoter, then that element of the prize or reward will be forfeited and neither cash nor any other form of compensation will be supplied in lieu.
- Members will be responsible for any other incidentals or costs relating to any Prize or Reward unless specifically stated on the Website or Mobile App. Some Prizes or Rewards may require the Member to produce a Credit Card or security deposit.
- Prize Winners & Reward Claimants must be over 18 years of age.
- For travel related Prizes or Rewards, Members must be available and eligible to travel to the prize or reward destination and be in possession of any required passports and will be solely responsible for attaining any required passports, visas or travel documents.
- For travel related Prizes or Rewards, Members must be in possession of Travel Insurance & provide proof thereof before travel.
- All Prizes and Rewards will be subject to availability, booking and any additional terms and conditions of any supplier of the prize or reward elements to the Promoter, e.g. airlines, hotels, travel agents etc, not all of which will be listed on the Website or Mobile App. No responsibility will be accepted for any delay, cancellation or disruption of any or all parts of the Prize or Reward caused to or by any airline or provider of any part of the Prize or Reward to the Promoter and no cash or replacement will be offered in lieu.
- Unless otherwise specifically stated to the contrary, all Prizes and Rewards must be completed by and will lapse and become void twelve (12) months after being issued or claimed.
- If a Prize or Reward is no longer available the Promoter shall be entitled, in its sole discretion, to provide a substitute that it believes, in its absolute discretion, is a reasonable substitute for the prize.
- Prize & Reward images are for illustrative purposes only. Make, model and colour of any Prize or Reward may vary.
- Members may be required to participate in publicity without further recompense. This may include the taking of photographs and film of the Member(s) that will belong to and may be used in promotional material by the Promoter. Further, the Member’s images and /or likeness may be used by Promoter for the purposes of promotional activity and activations on digital, printed and broadcast media platforms.
- The Promoter shall not be liable for any loss, damage or consequential damage of any nature in contract, tort (including negligence) or otherwise caused by acceptance of the terms and conditions or in connection with any prize or reward (to the extent permissible by law).
- The Promoter can accept no responsibility for lost or stolen vouchers and no replacement vouchers will be offered.
- The Promoter and its agents and associates will not be responsible for breach of contract by any establishment or third party or provider of prizes or rewards for the Programme, however all reasonable efforts will be made to secure compliance.
- Reward or Prize Vouchers cannot be used in conjunction with any other promotion or offer.
Donating Points (Share)
- Members may donate multiples of 100 Points to the Jack & Jill Children’s Foundation. Each 100 Points donated will be converted to €1 donation to the Jack & Jill Children’s Foundation.
- Each 100 Points / €1 donated by Members will be matched with an additional €1 donation by the Promoter, up to a maximum total of €5,000 per annum.
- Kepak reserves the right to alter, amend or terminate the Programme or alter or amend these terms and conditions. Kepak will notify Members of any changes to these terms and conditions or the Programme. Notices detailing the revised terms and conditions will be posted on the Website. Members are responsible for ensuring that any Authorised Users linked to their Loyalty Account are made aware of and abide by any such revised terms and conditions. Addition or redemption of Points by a Member following any change to the Programme will be deemed as Member acceptance of any such change.
- By applying to participate in the Programme, all applicants/participants are deemed to have indicated acceptance of these terms and conditions which set out the contract between Members and Kepak. Please read them carefully and keep a copy for future reference.
- Members have the right to opt out of the Programme at any time by contacting the Programme helpline. If a Member has any questions about these terms and conditions and/or participation in the Programme, such Members should call the Programme helpline on ROI +353 1 5241729 | UK +44 289 4080003 or email to email@example.com
- The Promoter and Data Controller is Kepak Convenience Foods, 10-4 Blanchardstown Corporate Park, Blanchardstown, Dublin 15.
- Insofar as permitted by law, Neither Kepak nor Azpiral, nor their respective agents or Distributors will be responsible to or liable to compensate the Member or Authorised User or other bearer or accept any liability for any personal loss or injury occurring whilst participating in the Programme. Neither can they guarantee the quality and/or availability of the services offered when participating in the Programme and cannot be held liable for any resulting personal loss or damage. Your statutory rights are unaffected.
- These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including any non-contractual disputes or claims) shall be governed by the laws of the Republic of Ireland Each Member agrees for the benefit of Kepak (and without prejudice to the right of Kepak to take proceedings in relation thereto before any other court of competent jurisdiction) that the courts of the Republic of Ireland shall have jurisdiction to hear and determine and settle any disputes (including any non-contractual disputes) which may arise out of or in connection with this Agreement or its formation or performance and accordingly that any suit, action or proceedings (including any non-contractual disputes) so arising may be brought in such courts and for such purposes the parties hereby irrevocably submit to the jurisdiction of such courts.
- For the avoidance of doubt, Apple Inc. are not sponsors of, or in any way involved in the Programme or any of its Draws, Prizes, Rewards or Offers.
- This Programme is operated in the Republic of Ireland under a Lottery License granted by Naas District Court. The license holder is The Jack & Jill Children’s Foundation. The objective of the promotion is to bring early intervention home respite care to severely developmentally delayed children.
- Personal details that a Member supplies during the application process (whether related to the Member or any Authorised Users) will be processed by Kepak with appropriate confidentiality. Kepak may also keep records of any correspondence which it has with Members. Other than as stated below, no personal details will be divulged to anyone or any organisation outside of Kepak, its data processors, service providers or the Distributors. The Member undertakes that, to the extent that he/she/it has supplied or supplies personal details in respect of his/her/its Authorised Users, he/she/it has obtained the necessary consents from his/her/its Authorised Users to permit Kepak, its data processors, service providers or the Distributors, to use their personal data for the purposes of the Programme.
- Kepak may use the personal details supplied for the following purposes: (i) to help manage and administer the Programme and improve the way it is run; (ii) to help Kepak understand its Members’ purchasing patterns; and (iii) to provide a Member with relevant tailored offers by email, in-App messages, SMS, post or via the Kepak website.
- Kepak may also use (and provide to Distributors) information relating to sets or groups of customers, including reports containing transactional data in respect of specific transactions made by Members to enhance its understanding of customer behaviour and enable Kepak and the Distributors to improve their service to Members.
- A Member can ‘opt out’ if he/she/it does not want to be contacted by Kepak for some or all forms of direct marketing purposes from time to time (including by e-mail and SMS) with information about Kepak products, services and other related special offers.
- The information that Kepak collects from Members and Authorised Users may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff or service providers operating outside the EEA who work for Kepak. Such staff or service providers may be engaged in, among other things, the provision of ancillary services such as customer support. By submitting personal data, Members agree to this transfer, storing or processing (and confirm that any Authorised User for whom Members submit data also agrees to this transfer, storing or processing). Kepak will take all steps reasonably necessary to ensure that Members’/Authorised Users’ data is treated securely and in accordance with this data protection notice.
- Each Member and Authorised User has the right to request his/her/its data currently held by Kepak, to rectify or remove personal details, to object to the use of personal details and the right to block any specific uses of personal details. Kepak may charge a fee for this which will not exceed €6.35.
- It is important that Member details are kept up to date in order that Kepak can operate the Programme effectively. If a Member wishes to clarify Loyalty Account matters, change or update his/her/its details on his/her/its Loyalty Account, he/she/it can do so online at the Website by updating his/her/its profile or, where available, via the Mobile App. Alternatively, he/she/it can do so by contacting the Kepak Programme helpline. If Kepak is sold or transferred to another company, Kepak may transfer all of its rights and obligations under these terms and conditions without any further consent and may disclose or transfer all information it holds about Members or Authorised Users to a prospective or actual new owner. This disclosure or transfer will not alter a Member’s or Authorised User’s rights in respect of the use that can be made of information by that other company.
- By participating in the Programme, each Member agrees to abide by the terms of this data protection notice and to ensure that his/her/its Authorised Users do likewise.