Terms and Conditions

Full Terms & Conditions for Choose or Lose, to be hosted on the campaign website at www.walkers.co.uk/chooseorlose

TO ENTER, YOU MUST READ THE TERMS AND CONDITIONS BELOW. FOR VOTES ON THE WALKERS.CO.UK WEBSITE, YOU MUST AGREE TO BE BOUND BY THESE RULES BY CLICKING THE CHECKBOX WHERE INDICATED.

BY VOTING IN THIS PROMOTION (“PROMOTION”), BY WHATEVER METHOD, YOU AGREE TO THE PRIVACY POLICY, LOCATED at HTTP://WWW.WALKERS.CO.UK/PRIVACY-POLICY AND THAT YOUR VOTE AND THE PERSONAL INFORMATION COLLECTED FROM YOU IN CONNECTION WITH THIS PROMOTION WILL BE HELD BY WALKERS SNACKS LIMITED SUBJECT TO THE TERMS OF ITS PRIVACY POLICY.

These terms and conditions (“Terms and Conditions”) prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Vote instructions are deemed to form part of the Terms and Conditions and by participating, all voters will be deemed to have accepted and be bound by the Terms and Conditions. Please retain a copy for your information.

The Promoter

Walkers Snacks Ltd, 450 South Oak Way, Green Park, Reading RG2 6UW, UK

Eligibility

1. The online vote is open to UK (England, Scotland, Wales and Northern Ireland), Channel Islands, Isle of Man, and the Republic of Ireland residents only, aged 16 years or over, excluding employees of the Promoter, their families, its affiliated companies, agents or anyone else professionally connected to the Promotion.

Family in the above is defined as spouse, parents, grandparents, children (including adopted and step children), grand-children, immediate in-laws and siblings.

2. If voting through purchase, Promotional Packs can be purchased by anyone in the relevant selected stores (see below).

3. Promotional Period. The Promotion opens on 14.08.17 and closes on 22.10.17. All relevant sales data and online votes will be captured, validated and reconciled during the Promotional Period only. Sales of Promotional Packs and votes made online outside of the Promotional Period will not count towards the final outcome.

4. How to vote:

  1. Purchase vote: Purchase a 32.5g or 50g Promotional Pack at selected stores in the UK (England, Scotland, Wales and Northern Ireland) or Republic of Ireland. The flavour you purchase will be a vote for that flavour only.

    Walkers are using an independent 3rd party data source, Nielsen, who will provide independent sales data of the Promotional Packs through a variety of different systems and standards of measurement across the Promotional Period. Nielsen has the widest and most respected range of sales data across the relevant retail market segment, although not every store is registered with Nielsen (in particular, no stores in CI & IoM are registered with Nielsen). For the purpose of this promotion Nielsen data* will be received and / or derived from a significant range of outlets from Grocery Multiples (e.g. Tesco, Asda, Sainsbury’s, Morrison’s, Waitrose), Multiple Forecourts (e.g. BP), Convenience Multiples (e.g. the Co-operative Group), Symbol Groups (e.g. Londis) and independents.

    This Nielsen data will be analysed in detail by an independent third party adjudicator to ensure accurate results are received throughout the Promotional Period.

    Nielsen has consented to the use of the data for the Promotion but are providers of the data only and shall have no liability or responsibility for any aspect of the Promotion.

    Certain multipacks contain promotional messaging to inform consumers of the online vote and the opportunity to vote by purchasing a single pack. Multipack sales are not included in the vote.
  2. Online vote: For online voting, purchase is not necessary. Internet access required. Vote via the Promotional website or via public Facebook or public Twitter. If you do not have a Facebook or Twitter account you will need to create one to participate through these channels (create one for free at https://en-gb.facebook.com or https://Twitter.com/tos).

5. Votes via Facebook and Twitter are made subject to Facebook and Twitter’s terms of use which are available at https://www.facebook.com/legal/terms and https://Twitter.com/tos

Voting Criteria

Purchase vote

6. Promotional Packs: The participating packs which will be counted in the purchase vote are:

Salt & Vinegar 32.5g
Salt & Vinegar 50g
Lime & Black Pepper 32.5g
Lime & Black Pepper 50g

Smoky Bacon 32.5g
Smoky Bacon 50g
Bacon & Cheddar 32.5g
Bacon & Cheddar 50g

Prawn Cocktail 32.5g
Prawn Cocktail 50g
Paprika 32.5g
Paprika 50g

7. The Promoter will aim to achieve wide availability of all Promotional Packs during the Promotional Period, however please note the Promoter cannot control the purchasing decisions of retailers and therefore retailers may choose to stock none, all or only some of the Promotional Packs. Similarly, the Promoter cannot control the frequency with which any retailer restocks Promotional Packs once they have been sold.

Online Vote

8. Online votes may be cast in the following three ways:

  • Visit www.walkers.co.uk/chooseorlose;
    1. either log on as an existing user or register name, e-mail address, confirm over 16 (sixteen) and create and confirm a password, and then accept T&Cs
    2. Once registered or logged in simply choose your flavour battle and vote for your chosen flavour by using the vote icons
    3. For either product within each battle there is a maximum of 1 (one) online vote per person, per voting channel, per day
    AND/OR
  • Log on to www.facebook.com/walkers
    1. Either log in as an existing Facebook member or sign up for free at Facebook.com
    2. Once registered or logged in simply vote by commenting on an official promotional post on the Walkers Facebook page mentioning your favourite flavour from one, two or all three of the flavour battles using #chooseorlose
    3. Votes will be subject to the rules of Facebook
    4. Only votes from public accounts will be accepted. To enter from a private account you must amend your account settings to a public account in order for the vote to be accepted
    5. For each battle there is a maximum of 1 (one) online vote per person, per voting channel, per day. All flavours mentioned in your comment will be included up to the limit of 1 flavour per battle per person per day and subsequent comments or flavour mentions by you on Facebook on the same day will be discounted
    AND/OR
  • Log on to www.Twitter.com
    1. Either log in as an existing Twitter member or sign up for free at Twitter.com.
    2. Once registered or logged in simply vote by tweeting your favourite flavour from one, two or three of the flavour battles using #chooseorlose
    3. Votes will be subject to the rules of Twitter
    4. Only votes from public accounts will be accepted. To enter from a private account you must amend your account settings to a public account in order for the vote to be accepted.
    5. For each battle there is a maximum of 1 (one) online vote per person, per voting channel, per day. All valid flavours mentioned in your tweet will be included up to the limit of 1 vote per battle per person per day and subsequent tweets or flavour mentions by you on the same day will be discounted

9. Within each battle, there is a maximum of 1 (one) vote per online voting channel per person per day (as stated on the relevant Promotional Pack). As there are 3 battles, for the avoidance of doubt, this means that if a voter chooses to vote in each of the 3 (three) battles across each of the 3 (three) online voting channels the voter has a maximum of 9 online votes available per day. Multiple votes in the same battle on the same online voting channel on the same day will not be accepted.

10. The Promoter will endeavour to include all online votes with minor spelling errors where the voting intention is clear. Similarly, where the campaign hashtag contains a minor spelling error the Promoter will endeavour to include the post/tweet. However, this will not be possible in all cases so please take care to spell the flavour you are voting for and the hashtag correctly to ensure that your vote will count.

Validity of votes/sales

11. Any irregular, strange or otherwise suspicious bulk purchases and / or sales activity will be duly investigated and any non-genuine purchases or sales shall be excluded from the vote at the absolute discretion of the Promoter.

12. No bulk votes/sales, votes from agents, third parties, syndicates, organized groups or votes/sales automatically generated by a computer, programme, application, script or any automatic method will be accepted. Any person or institutions trying to circumvent this condition by any method, including but not limited to using multiple Facebook, Twitter or e-mail accounts, will be disqualified along with all votes from associated accounts. Only genuine valid votes/sales will be considered.

13. Anyone, in the Promoter’s absolute discretion, who is acting in a manner that undermines the operation and integrity of the Promotion or in any way which gives an unfair advantage, will be disqualified and any persons seeking to use such information gained will be disqualified.

14. Incomplete, illegal, misdirected or late votes/sales will not be accepted.

15. All votes/sales will be strictly monitored by the Promoter and independent third party adjudicators throughout and any attempts to manipulate or otherwise unfairly influence the results will result in disqualification of votes/sales or suspension of the Promotion.

16. The Promoter and any third party adjudicator shall have the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid votes/sales including, without limitation, to require further verification as to the identity, age, and other relevant details of a voter and their voting patterns.

17. The Promoter shall have sole and final determination as to which votes/sales are genuine and therefore eligible to take part in this Promotion and no correspondence will be entered into.

18. The accuracy of the pooled results received by us will be deemed to be final and binding and no correspondence will be entered into.

Winner selection

19. The selection of the winning flavours will be based on the following compilation:

  1. 80% based on Nielsen sales data; and
  2. 20% from the online voting data.

20. Both sets of data will be compiled and evaluated by a third party adjudicator who will ensure the accuracy and integrity of the data.

21. At the close of the Promotional Period, each flavour from the 3 flavour battles that receives the highest combined purchase votes and verified online votes in accordance with rule 19 will be deemed the winner and will be retained or launched into the market.

22. In the event of a tie, the outcome of the sales result shall be determinative. In the event that the sales result is a tie, the Promoter shall form a panel comprising at least one independent person in order to determine which of the two flavours has the best prospects of future commercial success, and that flavour shall be deemed the winner.

23. If one, two or three of the new flavours (Lime & Black Pepper, Bacon & Cheddar or Paprika) win their respective flavour battle, it will be launched into market from January 2018 (approximate timings) as a replacement for the losing flavour. The Promoter reserves the right to alter this date in the event of circumstances beyond its reasonable control.

24. The Winning flavors will be announced via the Promoter’s social media channels within 28 days of the closing date.

25. This Promotion shall not in any way fetter the discretion of the Promoter to make any changes to its product range that it considers desirable at any time, including the discontinuation or the reintroduction of any flavour whatsoever, and in particular the winning flavours shall be subject to range review decisions in accordance with the Promoter’s usual processes along with all other Walkers core flavours. In addition, sales and distribution of the winning flavours is dependent on participation by retailers and cannot be guaranteed by the Promoter.

Data Protection

26. The Promoter will collect personal information for the purpose of administering this promotion. In administering this promotion any personal data relating to participants will be used solely in accordance with current UK data protection legislation and, other than in connection with the running of this promotion and validation of the data will not be disclosed to a third party without the individual’s prior consent.

27. For the Promoter’s Privacy Policy, visit
https://www.walkers.co.uk/privacy-policy

General

28. The Promoter is not responsible or liable for:

  1. Any votes/sales that are lost or delayed due to faulty, failed or erroneous electronic data transmissions.
  2. Communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this Promotion causing delays or disruption.
  3. For votes/sales which are lost, delayed, corrupted, damaged, misdirected or incomplete or cannot be delivered for any technical, delivery or other reason.

29. In the event of circumstances outside the Promoter's reasonable control and only where circumstances make this unavoidable, the Promoter reserves the right to cancel or amend the Promotion or these Terms and Conditions at any stage but will always endeavour to minimize the effect to participants in order to avoid undue disappointment.

30. The Promoter reserves the right to ensure that any voters/purchasers will not bring the Promoter or any PepsiCo brands into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Promotion as determined by the Promoter in its sole discretion. In the event that the Promoter is not satisfied of the above in relation to any voters/purchasers following such due diligence the Promoter reserves the right to disqualify such voters/purchasers.

31. The Promoter reserves the right to verify all votes including but not limited to asking for address, contact telephone number and identity details (which must be provided within 7 days of request) and to be able review any personal or relevant information sourced from data available in the public domain

32. The Promoter's decision is final and binding in all promotional matters.

33. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter and by entering this Promotion voters hereby release Facebook and Twitter from any liability in respect of this Promotion. Voters are providing their information to the Promoter and not to Facebook or Twitter. The information voters provide will only be used for the purpose of administering the Promotion.

34. Any person posting, or seen to be posting, comments to the Promoter’s Facebook or Twitter page or elsewhere during the Promotion that are considered bullying, spiteful, disrespectful or upsetting to other participants, Walkers Crisps consumers or the Promoter, will have their comments removed and will have their online votes disqualified from the Promotion. The Promoter reserves the right to alert Facebook or Twitter to any such behaviour, which may result in the person’s account being frozen pending investigation.

35. Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded. To the fullest extent permitted by law, the Promoter hereby exclude and shall not have any liability to any entrant in connection with or arising out of any promotion howsoever caused, including for any costs, expenses, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude the Promoter’s liability for personal injury or death caused by the Promoter’s negligence.

36. 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

37. Any disputes, conflicts, questions or concerns will be managed by the Promoter and, if required by law, by an independent adjudicator.

38. The Promotion and these Official Rules will be governed by the laws of England and Wales and any disputes as to the meaning of these Terms and Conditions with be subject to the exclusive jurisdiction of the English courts.