Heinz Selection Regulations
General Provisions:
1. This competition is conducted under the name “Heinz Selection” (hereinafter referred to as the “Competition”) in Dubai, United Arab Emirates.
2. The organizer of the Competition is Kraft Heinz MEA L.L.C., (“Kraft Heinz”), a limited liability company incorporated in Dubai, United Arab Emirates, having its principal place of business at Burjuman Office Tower, Makani 29126-94141, Al Mankhool, Bur Dubai, PO Box 54946, Dubai, United Arab Emirates
3. The Competition will commence on 10/10/2024 and end on 13/04/2025 which shall be the final day on which the benefits of the Competition shall be issued.
4. Participants will have the opportunity to submit applications from 10/10/2024 to 15/12/2024.
Participation Requirements:
5. The participant must be:
(a) A sole proprietorship or;
(b) A partnership or;
(c) A company and
(d) Have as their commercial activity, a restaurant, engaged in the preparation and sale of burgers with such burgers being the main item(s) on their menu;
(e) Have their headquarters in the United Arab Emirates or any other Gulf Cooperation Council (GCC) country;
(f) Have a physical presence in the United Arab Emirates;
(g) Have a minimum of 5,000 followers on Instagram and
(h) Have a minimum rating of 3.8 on Google (hereinafter referred to as “Participant”)
Competition Rules:
6. Participants must register for the Competition between 10/10/2024 and 15/12/2024 by completing the online form available at https://www.heinz.com/ar-SA/HeinzSelection (hereinafter referred to as the “Application”). Any Applications submitted before or after the aforementioned date shall not be considered by Kraft Heinz.
7. If not already an existing Kraft Heinz customer, the Participant if shortlisted to Semi Final stage of the Competition must purchase a Heinz product (at least 1 in Ketchup category and 1 in Mayonnaise category) with the quantity being at the Participant’s discretion. Such order should be placed upon the conclusion of the of the
Competition and exclusively from Heinz authorised distributors. Failure to purchase shall result in the revocation of the Heinz Selection community. For more information on this, please reach out to heinzselectionarabia@kraftheinz.com
Competition – Round One (1) Rules:
8. Kraft Heinz shall review Applications and short list fifty (50) Participants to participate in round one of the Competition (“Round One”)
9. Round One shall take place at the premises of each Participant and will consist of each short listed Participant creating a Heinz burger with selected Heinz sauces.
10. The timing, date and other particulars will be communicated to each Participant separately and shortly after confirming that the Participant is one of the fifty (50) short listed Participants in Round One.
11. Kraft Heinz leaders shall taste and review the burger created by each Participant taking into account the following (non-exhaustive) criteria:
(a) Dish presentation
(b) Flavours of the dish
(c) Use of products designated by Heinz
(d) Technical evaluation
12. Kraft Heinz leaders shall select eleven (11) Participants who will participate in the semi final stage of the Competition (“Semi Final”)
Competition – Semi Final Rules:
13. The Semi Finals shall take place at the premises of each short listed Participant and will consist of each short listed Participant creating a Heinz burger with selected Heinz sauces.
14. The timing, date and other particulars will be communicated to each Participant separately and shortly after confirming that the Participant is one of the eleven (11) short listed Participants in the Semi Final.
15. Four (4) Participants will be short listed to participate in the final round of the Competition (“Final”) through a consumer vote that will be undertaken through a poll vote on Kraft Heinz Instagram channel.
Heinz Selection & Benefits
16. The eleven (11) Participants short-listed for the Semi Finals shall be deemed to be part of the Heinz Selection community with access to various other benefits that include but will not be limited to media and PR exposure, chance to showcase Participant’s burger in a festival, chance to collaborate and unique merchandise (“Benefits”)
Competition – Final Rules:
17. The Competition Final shall take place in April 2025. The time and place of the Final will be communicated to the Participants individually if short listed and closer to the date. Should there be any changes in the time and place of the Final, Participants short listed to participate in the Final will be informed about any such changes by Kraft Heinz at the earliest possible opportunity.
18. Participants short listed for the Final shall confirm their participation by 30 th of March 2025. Failure to confirm participation by Participants shall result in the Participant’s exclusion from the Competition in which case the Participants place shall be replaced by another Participant.
19. As part of the Competition Final, Participants shall be required to prepare, at the designated time and place, a burger using a selected Heinz sauce. The details of the Final shall be shared with short listed Participants closer to the date of the Final and only upon successfully being short listed.
20. Kraft Heinz shall use its best endeavours to appoint a Competition Selection Committee (“Committee”) comprised of but shall not be limited to a celebrity chef, Heinz Chef, Heinz leaders.
21. Following the preparation of the burger during the Final, the Committee will retire to deliberate the winners of the Final Competition based on the following non-exhaustive criteria:
(a) Dish presentation
(b) Flavours of the dish
(c) Use of products designated by Heinz
(d) Technical evaluation
22. The Committee shall select one (1) finalist Participant who will be deemed the winner of the Competition for the year of 2025 and the Committee shall announce such winner at the conclusion of the Final.
Heinz Selection Benefits
23. In addition to being part of the Heinz Selection community, the winner of the Competition shall receive other Benefits which shall include but shall not be limited to having the chance to receive media support, endorsement from celebrity chef and a dedicated promotional video where the Participant’s restaurant will be showcased.
Complaints Procedure
24. Each Participant may submit any complaints in connection with the Competition in writing to Kraft Heinz and may send an email to heinzselectionarabia@kraftheinz.com
25. The complaint should include: name, surname, exact business address of the Participant as well as a detailed description of the reason for the complaint and the request.
Terms and Conditions
(hereinafter referred to as the “Terms”)
1. Independent Contractors:
1.1 These Terms or Competition does not create a partnership, joint venture, employment relationship, or other similar relationship between the parties or any of their respective employees. Each party is an independent contractor to the other party and is solely responsible for its respective employees, directors, officers, contractors, subcontractors, and agents. Unless otherwise expressly stated elsewhere in these Terms, neither party has the
authority to bind the other party. Participant has full responsibility and exclusive liability for any employment-related obligations imposed by Laws, including any payroll taxes, contributions, and employee benefits and benefit plans. Nothing herein contained shall constitute or be deemed to constitute either party as an agent, employee or legal representative of the other party or to create a partnership or joint venture between the parties.
2. Competition Participation and Attendance:
2.1 Kraft Heinz reserves the right to, in exceptional circumstances, cancel, postpone the Competition or change the location of the Competition at its discretion in which case Kraft Heinz shall notify Participants as soon as reasonably practicable.
2.2 Unless the context otherwise requires or unless otherwise expressly defined herein, the terms defined in the Heinz Selection Regulations shall have the same meanings whenever used in these Terms save for the definition of Competition which in addition to its definition, shall also include participation in the First Round, Semi Final or Final.
2.3 In the event of cancellation of the Competition, Kraft Heinz will use its best endeavors to re-organise the Competition and re-invite the Participants and this shall be the sole remedy available to Participants. Kraft Heinz shall not be liable for any additional or consequential losses incurred by the Participant as a result of such a cancellation or postponement.
2.4 Kraft Heinz reserves the right to refuse entry of any Participant to the Competition or disqualify any Participant from the Competition without any liability for any reason at its sole discretion.
2.5 By participating in the Competition, Participant acknowledges that photographs and filming may take place during various stages of the Competition. Kraft Heinz reserves the right to use images and videos recorded during the Competition with Participant’s photograph (including any representative and employee of Participant) and/or likeness in future marketing materials, including social media channels, websites, and print material,
without obtaining any further approval from Participant or making any payment to Participant.
2.6 If Participant does not wish for their photograph to be taken during the course of the Competition, Participant should notify Kraft Heinz at the earliest possible opportunity by leaving a comment in the comments box of the Application form and inform the photographer and a Kraft Heinz representative during the Competition and Kraft Heinz will use reasonable endeavours to comply with your request.
3. Attendance Requirements:
3.1 Participant shall:
(a) observe the rules, policies and procedures of the Competition and any venue where such Competition is organised including regulations related to health and safety and any reasonable instructions issued by Kraft Heinz and/or the management of the event venue;
(b) behave in a respectful, professional and appropriate way that does not breach the laws or regulations of the United Arab Emirates or that risks bringing the Competition or Kraft Heinz into disrepute;
(c) ensure they have adequate insurance for their own requirements, including personal accident and travel insurance, prior to participating in the Competition and attending any Final or Semi Final; and
(d) ensure they or any of Participant’s representatives or employees have all necessary travel documentation, including but not limited to visas and other entry permits into the country where the Competition (including Final and/or Semi Final) will be held (if relevant), and that they comply with all health formalities and any applicable laws.
3.2 Participant agrees that their travel to and attendance in the Competition is at Participant’s own risk and not the responsibility of Kraft Heinz. Kraft Heinz is not obliged to provide any advice or assistance relating to the obtaining of visas (if relevant).
3.3 Kraft Heinz reserves the right to recover from Participant any loss or damage incurred or suffered by Kraft Heinz or any other Participants as a result of Particpant’s conduct (including any representative and employee of Participant) throughout the Competition or failure to comply with these Terms.
4. Limitation of Liability
4.1 Kraft Heinz will do its best to provide Participant with a positive experience but does not warrant or guarantee that any particular results or Benefits will come from Participant’s attendance or participation in the Competition.
4.2 To the fullest extent permitted by law, Kraft Heinz hereby excludes and shall not have any liability to any Participant or winner in connection with or arising out of any Competition howsoever caused, including for any costs, expenses, forfeited Benefits, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by Kraft Heinz negligence.
4.3 Kraft Heinz shall not be liable, whether based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in relation to these Terms, for any direct, indirect or consequential losses including (i) loss of profit; (ii) loss of use; (iii) loss of production; (iv) loss of contract; (v) loss of opportunity; (vi) loss of savings, discount or rebate; and (vii) harm to reputation or loss of goodwill.
4.4 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.
4.5 Participant agrees that access and participation to this Competition and use of any of the information provided to Participant by Kraft Heinz is at Participant’s sole risk and responsibility. Participant further acknowledges that all and any information, benefits, material, content is provided "as is" and "as available".
4.6 Participants shall not publicise or promote their participation in the Competition through any channel including social media without Kraft Heinz explicit written permission.
4.7 Participant makes certain representations and warranties to Kraft Heinz (both in these Terms, Application and otherwise) when applying to participate in the Competition. Kraft Heinz has relied on the accuracy and truth of these representations and warranties when granting a Competition place to Participant. If Kraft Heinz becomes aware of any fraud, dishonesty or similar action by Participant, or any act or omission which might (in Kraft
Heinz sole opinion) have an adverse effect on the Competition, Kraft Heinz may, without notice to Participant and/or without giving reasons, automatically disqualify Participant.
5. Benefits
5.2 Participant accepts any Benefits awarded to them entirely at their own risk and Kraft Heinz is not liable for any adverse consequence Participant may experience because of their use of the Benefits.
5.2 All Benefits are personal and non-transferable, meaning they cannot be given, assigned or sold to anyone else.
5.3 No Benefit is convertible into cash or another alternative.
6. Intellectual Property
6.1 All intellectual property rights (including but not limited to those in the Competition, the Competition content) and all materials distributed at or in connection with the Competition are owned by Kraft Heinz. Participant may not use or reproduce or allow anyone to use or reproduce any trademarks or other trade names appearing at the Competition, in any Competition content or any materials distributed at or in connection with the Competition for
any reason without the prior written permission of Kraft Heinz.
6.2 For the avoidance of doubt, nothing in these Terms shall be deemed to vest in Participant any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by Kraft Heinz or any of its affiliates. Further, these Terms or the Participant’s participation in the Competition do not grant the Participant any right or license to any other intellectual property rights of Kraft Heinz or its affiliates, all of which shall at all times remain the exclusive property of Kraft Heinz and its affiliates.
6.3 By submitting an Application to participate in this Competition and agreeing to these Terms, Participant hereby grants Kraft Heinz a perpetual, non-exclusive, sub-licensable worldwide and royalty free licence to use Participant’s entry and Application including any intellectual property rights that may subsist in Participant’s Application for the purposes of the administration and promotion of the relevant Competition.
6.4 For the avoidance of doubt Participant shall retain ownership of any intellectual property rights that may subsist in any Competition Application that Participant submits to Kraft Heinz.
6.5 Participant acknowledges and agrees that:
a. all material and content included in any Application submitted to Competition is either owned by Participant, or
b. Participant has the permission of the owner such that Kraft Heinz’ use of Participant’s Application in the Competition will not infringe the rights of any third party; and
c. Participant agrees to indemnify Kraft Heinz against any third party claims arising from the submission of Participant’s Application to any Competition (which means Participant will be responsible for any losses or damage that Kraft Heinz suffers as a result of any such third party claims).
7. Indemnity
7.1 Participant agrees to indemnify, defend and hold Kraft Heinz and its affiliates, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, fines, penalties, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (i) Participant’s
breach of these Terms; (ii) any allegation that any materials Participant submits to Kraft Heinz violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party (iii) Participant’s activities in connection with the Competition (iv) third-party claims, actions, suits, or proceedings arising out
of or in connection with a breach of these Terms and (v) willful misconduct relating to these Terms by the Participant, its employees, officers, directors, contractors, subcontractors, or agent.
7.2 Kraft Heinz will give notice to the Participant within ten (10) days after learning of a claim, provided, however, failure to notify within ten (10) days will not relieve the Participants of its obligations herein except, and only to the extent that, such failure to notify, or delay in notification materially prejudices the defense. The Participant may
take over the defense of a claim by giving notice to Kraft Heinz, in which case Kraft Heinz will not admit liability or settle the claim. In the event that the Participant does not elect to take over a claim, then it will pay all undisputed amounts due in connection with claims within thirty (30) days of notice of such amounts being due.
8. Data Processing
8.1 Kraft Heinz shall:
(a) comply with all applicable requirements of the Data Protection Laws; and
(b) process any personal data which it obtains or holds in relation to a Participant under or in relation to these Terms for the purposes of carrying out its obligations under these Terms, in accordance with the Kraft Heinz Privacy Policy or as otherwise permitted by Data Protection Laws.
9. Anti-Bribery
9.1 Participant and any of its affiliates agree to comply with all applicable anti-corruption laws, including the United States Foreign Corrupt Practices Act (“FCPA”), the United Kingdom Bribery Act 2010 and the laws of any other applicable jurisdiction.
9.2 Neither Participant nor any of its affiliates has or will authorize, offer, promise or give a bribe including anything of value:
(a) To any person employed by or acting on behalf of a government, a government-controlled entity, a public international organization, a political party, a candidate for political office or any other public official (each, a "Government Official") with the intention of (i) influencing official action or (ii) obtaining or retaining business or a business advantage for Kraft Heinz.
(b) To any person (whether or not a Government Official) to (i) induce that person to perform improperly any function or to reward the improper performance of any function or believing or knowing that the receipt of the thing of value by that person would itself amount to improper performance of any function or (ii) obtain or retain business or a business advantage for Kraft Heinz.
10. Force Majeure
10.1 In the event that either party is unable to perform any of its obligations under this Agreement due to any act of God, fire, casualty, flood, earthquake, war, epidemic, riot, insurrection, or any other cause beyond the reasonable control of the party invoking this Section 10, but not due to such party’s fault or negligence (each a “Force Majeure Event”), such party shall give prompt notice to the other party, and its performance under this Agreement shall be temporarily excused. Force Majeure Events do not include labor strikes, work slowdowns, or other job actions of the affected party’s employees or unexpected costs borne by the affected party.
10.2 The affected party will use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and to resume performance as soon as practicable. Subject to the following sentence, upon notice, the unaffected party may elect to extend the Term for the period of delay or inability to perform due to the Force Majeure Event. If the Force Majeure Event prevents performance for more than thirty (30) days, the unaffected party may at any time thereafter, during the pendency of the Force Majeure Event, upon notice, terminate this Agreement and/or the applicable Order on not less than one (1) weeks' written notice.
11. Entire Agreement
11.1 These Terms together with the Privacy Policy and Application (where relevant) state the entire agreement and understanding between Participant and Kraft Heinz and supersedes all previous terms, communications and discussions whether written or oral relating to that subject matter.
12. Governing Laws
12.1 These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates and the courts of Dubai shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.
13. Severability
13.1 In the event that any provision of these Terms is held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
Media and PR exposure