Walkers Counts for More Terms and Conditions
PLEASE READ CAREFULLY. By participating in the Walkers Counts for More programme, you agree to the following Terms:
A. Overview of Walkers Counts for More
1. The Walkers Counts for More Programme (the "Programme") is operated by Walkers Snacks Limited, 1600 Arlington Business Park, Theale, Reading, Berkshire RG7 4SA with registered number 03474989 ("Walkers/We/Us") through which Walkers Trade Customers (Participants) will be offered the opportunity to participate in and earn points and other rewards ("Rewards") by performing various activities.
2. Participants may redeem their points for items available at www.countsformore.com (“the Site”).
1. Enrolment in the Programme is offered at the sole discretion of Walkers.
2. Only Walkers trade customers with <10 outlets and who are not subject to Walkers trading terms, operating from a mainland UK business address with a registered VAT number and retailing PepsiCo goods are eligible to be invited to participate in the Programme.
3. Only the business owner, or a manager appointed by the owner, may join or register for the Programme and membership of the Programme is limited to one person per outlet.
4. Participation in the Programme constitutes the Participant's full and unconditional agreement to these Terms and Conditions.
5. To maintain a points balance and redeem this against rewards offered on the site you must supply us with a valid business address, store name, email address and telephone number and ensure that these details are kept up to date.
C. Duration of Programme
1. The current phase of the Programme begins on 27th February 2017 and ends on31st December 2017. However, Walkers reserves the right to shorten, extend, modify, suspend, or cancel the Programme, at its sole discretion, at any time, without notice.
2. Participants can earn points by the methods set forth in Section E below and will be able to redeem points as set forth in Section F below. All points earned during this Programme will expire 6 calendar months after the date at which they appear in your online account and will not automatically be carried over into any future phase of the Programme or extended.
3. Existing points that have been awarded prior to 1st March 2017 will also expire on 31st August 2017
D. Enrolling in the Programme
1. To enrol in the Programme, you must meet the Eligibility Requirements in Section B of these Terms. Once you have verified that you meet these requirements, you may enrol in the Programme by completing registration form which will be submitted to and processed by PepsiCo.
2. It may take up to five (5) days to confirm eligibility and membership status. Once confirmed, participants will be enrolled into the Programme (“Participants”). A rewards account will be created for each Participant ("Account”). The number of points earned by such Participant will be recorded and tracked in the Participant’s Account.
3. Accounts are limited to one (1) per retail outlet. The person who is the registered owner of the retail outlet associated with the email or outlet address used to register for the Programme will be deemed the participant.
E. Earning points and Other Rewards
1. Enrollees can earn points or other rewards by performing any of these activities outlined on the www.countsformore website.
F. Points Restrictions
1. Programme Limit: The maximum number of points a participant can earn during a twelve (12) month period is 63,200..
2. Walkers reserves the right in its sole discretion to add, remove or change the number of points awarded for actions as well as the actions that Participants can perform to earn points, at any time throughout the Programme.
3. Points balances have no cash value and can only be exchanged or redeemed for goods or services quoted on the site.
4. Participants may not combine or transfer points with other Enrolees’ Accounts. Participants may not transfer, sell, or perform any other action in any manner in violation or attempted subversion of these Terms and Conditions. Any attempt to combine or transfer points will result in disqualification from the Programme and forfeiture of all points in any Participant’s Account.
5. Points are only deemed to be earned and available for redemption once they appear as credited in your online account. In some circumstances there may be an administrative delay between completing an activity and rewarding points, and we reserve the right to ask for further validation before awarding the points.
6. Once a Participant earns points, the validation of the potential points earned will be subject to verification by Walkers whose decisions on the outcome are in its sole discretion and are final and binding. Points may not be redeemed until after the verification process is complete. Points are void if: (a) a Participant does not meet the eligibility criteria; (b) a Participant is not a PepsiCo retailer in good standing; (c) a Participant has not earned the points in accordance with these Terms and Conditions and through legitimate channels; or (d) if the points are counterfeit, altered, defective, tampered with or irregular in any way.
7. Each Participant is responsible for ensuring the accuracy of his/her Account and is encouraged to check his/her Account regularly.
8. If a Participant believes that points were not properly accrued to his/her Account, the Participant must contact PepsiCo within 15 days of the award date.
9. Our decisions regarding the awarding of points are final and binding. Earned points that are subsequently determined to be invalid for any reason are subject to disqualification and will be removed from such Participant’s Account.
10. Points expire after 6 calendar months of being added to a participant’s account. This will be done automatically and points will be removed from accounts once expired.
G. Redeeming points
1. Participants may redeem their points for various Rewards listed on the Reward Site
www.countsformore.com website while supplies last. The Rewards Site will list the corresponding points value required to redeem each item. Follow the links and instructions to redeem such points. Walkers reserves the right to modify or remove the list of items available for points redemption, as well as their corresponding points values, at any time for any reason during the Programme Period. Participants are responsible for ensuring their Account information is accurate and up to date. All points redemptions are final and once a Reward has been claimed, it cannot be exchanged. Rewards must be claimed in the manner specified by the Company from time to time and may take up to 28 days for delivery.
2. Any order will be subject to confirmation and is not deemed to be accepted until it is delivered at the Participant’s business address on the UK mainland. If an order is unable to be fulfilled at any point then the Participant’s account will be credited with the points originally redeemed for the order only. No additional compensation will be available for unfulfilled orders.
3. Once you have submitted your order and redeemed your points against a Reward offered on the site, you will have no ability or right to cancel this order, return the products (unless faulty) or exchange them for points or vouchers.
4. Walkers reserves the right to use third parties to fulfil orders but Participants contract will remain with Walkers at all times.
5. Points awarded during the Programme Period must be redeemed within 6 months of appearing in the Participant’s account or they will expire. Any points remaining in a Participant’s Account after the expiration period described above will be forfeited without compensation.
6. The points have no cash value and are only redeemable for Rewards via the Programme.
7. The Rewards are supplied free of charge and are supplied “as is” without any warranties of any kind, express or implied.
8. Any tax liability incurred by a Participant as a result of participation in the Programme remains the liability of the Participant alone, and Walkers will not under any circumstances offer compensation for any financial liability of any kind incurred in relation to use of this site, except where it is required to do so by law
9. The supply of Rewards ordered through the Programme is subject to the Walkers Standard Terms and Conditions of Trading available at [ ].
10. All Rewards are supplied for use in the Participants business only and, save for Walkers Products, must not be resold or otherwise exploited for other commercial purposes.
H. Modifications and Termination of the Programme and Closure of Accounts
1. Walkers reserves the right to modify any of the Terms and Conditions set forth herein - including, but not limited to, the duration of the Programme Period, methods by which Participants can earn points, the amount of points earned for each action, the number of points that may be redeemed through the Programme, and any of the options made available to Participants with respect to their Accounts - at any time, even though these changes may affect a Participant’s ability to accrue or use his/her points.
2. Walkers reserves the right to terminate the Programme at any time, for any reason, with or without notice, even though termination may affect a Participant’s ability to accrue or use his/her points.
3. Walkers reserves the right to take any action it deems appropriate in its sole discretion (including but not limited to suspending or closing an account) in the event that Walkers believes (in its sole discretion) that a Participant (or Participants) have violated the terms and conditions of this programme or any other conditions associated with participation in the Programme or access to the www.countsformore.com website.
4. We may also, on notifying you, immediately suspend or terminate your rights, and/or close your account, if you breach these terms, if we reasonably believe that you have dealt with points in a manner not permitted by these terms, if there is any theft from or misconduct in connection with us, if you supply false or misleading information to us or where your business ceases to trade
5. Any changes Walkers makes will be effective immediately on notice, which it may give either by posting to the Rewards Site or via electronic mail. A Participant’s continued participation in the Programme constitutes the Participant’s acceptance of any changes to these Terms and Conditions. Participants are responsible for remaining knowledgeable as to any changes that Walkers may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available at www.countsformore.com and will supersede all previous versions of these Terms and Conditions.
6. If you have not used (visited and logged into) the site for a period of 6 months or more we reserve the right to suspend or delete your account.
7. If your account is closed for any reason by you or us your balance of points will become zero and any ability to redeem the previous balance will be lost.
I. General Terms and Conditions
1. Participation in the Programme implies authorisation to use personal data for purposes of administration of the Programme. Personal information may be used to: (a) contact participants regarding the Programme; and (b) if a Participant selects to receive additional information, to send additional information to that Participant. Participants have the right to access, withdraw and correct their personal data.
2. You are responsible for keeping the details of your account secure to prevent third parties redeeming your account balance. Where a password or any other form of security procedure is provided you must keep these details secure and must not share these with anyone else. If you suspect your details have been fraudulently obtained and/or used by others to access your account you must notify us immediately.
3. You agree that you have only one registered account on the site. Where we suspect duplicate accounts we reserve the right to remove them and any associated points at our discretion.
4. Walkers reserves the right to discontinue the participation privileges of any Participant who engages in any fraudulent activity or uses the Programme in a manner inconsistent with these Terms and Conditions or any applicable law or statute. Discontinued participation privileges may result in the loss of all accumulated points. In addition to discontinuance of participation privileges, Walkers shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
5. Points do not constitute property of a Participant and may be revoked at any time by Walkers as set forth herein. Points may not be transferred or assigned, and are not transferable in any way.
6. Walkers is not responsible for any incorrect or inaccurate information supplied by or to Participants while participating in the Programme.
7. All questions or disputes regarding eligibility for the Programme, earning or redemption of points, or a Participant’s compliance with these Terms and Conditions will be resolved by Walkers in its sole discretion.
8. You may close your account at any time by notifying us in writing.
J. Limitation of Liability
1. Walkers is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Programme or utilized by the Participant, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WALKERS, THEIR RELATED COMPANIES, PARENTS, SUBSIDIARIES, AFFILIATES, AND RESPECTIVE AGENTS AND THEIR AGENCIES, SUPPLIERS AND OTHER COMPANIES INVOLVED IN THE DEVELOPMENT OR EXECUTION OF THE PROGRAM ("RELEASEES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAMME OR MERCHANDISE OR ITEMS OFFERED THROUGH THE PROGRAMME, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF PROMOTER IMPROPERLY DENIES A PARTICIPANT ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAMME, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
2. Nothing in these terms and conditions excludes or limits the liability of Walkers for:
11. death or personal injury caused by Walkers’ negligence;
12. fraud or fraudulent misrepresentation; or
13. for any matter which it would be illegal for Walkers to exclude or attempt to exclude liability.
3.Walkers, its joint ventures, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by third parties. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Programme participants agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Programme.
4. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of a Participant and Walkers in connection with the Programme, shall be governed by, and construed in accordance with, the laws of England and Wales. These terms and conditions are to be construed in accordance with the laws of England and Wales and the parties submit themselves to the exclusive jurisdiction of the English Courts.
5. These Terms and Conditions constitute the entire agreement between Participants and Walkers pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
6. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect
K Terms and Conditions for the supply of Point of Sale materials
You acknowledge that you are responsible to ensure that the terms of your order for Point of Sale Materials (“Materials”) and any applicable specification are complete and accurate.
You agree that you will use Materials provided through the Programme in accordance with all applicable laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
Walkers does not endorse any content submitted for use in the Materials by any user and Walkers expressly disclaims any and all liability in connection with content. Without limiting the foregoing, Walkers and its designees shall have the right to refuse to issue any Materials that violate these terms and conditions or are otherwise objectionable to Walkers.
You acknowledge and agree that you are responsible for the creation and compilation of your Material, and that neither Walkers nor any other party involved with the production of any Material assumes that responsibility.
Walkers' (or its designees’) production of any Material depicting content provided or requested by you does not indicate that Walkers approves of the content, that the content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the content.
You agree that you must evaluate, and bear all risks associated with, the use of any Materials, including, without limitation the accuracy, completeness, and usefulness of such Materials and compliance with all applicable laws.
You agree that you are responsible for actions and communications undertaken by you in respect of the Materials.
Intellectual Property Policy
Walkers respects the intellectual property rights of others. We ask our users to do the same.
Walkers may terminate the accounts of Participants who infringe, or may infringe, the copyright or other intellectual property rights of others.
Walkers reserves the right to cancel any order for any Materials for any reason, including orders that may violate the intellectual property rights of a third party and will notify the Participant that the order has been cancelled.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WALKERS AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WALKERS DOES NOT MAKE ANY WARRANTY THAT (A) THE MATERIALS WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE PROVISION OF THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH