Sales Promotion Terms and Conditions
The Sales Promotion Terms and Conditions of ABnet Communication Ltd. are hereby published.
Definitions1.1 ‘The sales promotion site’ – the website whose address is www.abnet.co.il, where information is published about the sales promotion, the terms and conditions and the names of the winners.
1.2 ‘The lottery’ or ‘the sales promotion’ – a marketing campaign and/or prize-winning lottery that is held by the company or the holder of the lottery, according to these Terms and Conditions and according to the General Permit for the Holding of Lotteries for Commercial Promotions under the Penal Law, 5737-1977 (hereinafter: ‘the General Permit’).
1.3 ‘The company’ or ‘the holder of the lottery’ or ‘the holder of the sales promotion’ – ABnet Communication Ltd., 31 HaBarzel Street, Ramat HaHayal, Tel Aviv.
1.4 ‘The period of the sales promotion’ – as will be determined from time to time.
1.5 ‘The supervisor’ – the company’s financial manager.
1.6 ‘Marketer’ – a broker of a transaction between the company and the end customer (an indirect transaction).
1.7 ‘Participant’ – a marketer who is one of the company’s marketers, has regularly and frequently bought from the company, every month during the last 71 months, the participating products that are marketed and sold by it and which has been directly emailed by the company about the holding of a lottery or sales promotion and decided to take part in it according to the Terms and Conditions of the lottery or the sales promotion.
1.8 ‘Transaction’ – a transaction for the sale of one of the products participating in the lottery, which are stated in Annex A of the Terms and Conditions (hereinafter: ‘the participating products’), which were bought from ABnet Communication Ltd. during the period of the aforesaid sales promotion, at the full price list price or the sales promotion price, without double offers and not at a discount.
1.9 ‘The prize’ – as will be determined from time to time.
1.10 ‘The period of the participation in the sales promotion’ – will be determined from time to time as published on the sales promotion site.
Interpretation2.1 In any case of any conflict and/or discrepancy between these Terms and Conditions and any other publications relating to the sales promotion, including in the written and/or broadcast media and/or on the sales promotion site, these Terms and Conditions will prevail for all intents and purposes.
2.2 In these Terms and Conditions, the use of the masculine is for the sake of convenience only, and it applies equally to men and women.
The nature of the lottery or sales promotion3.1 Within the framework of the lottery and according to these Terms and Conditions, participants who comply with all these Terms and Conditions will take part in the lottery. The winners in the lottery will receive a prize as determined and published from time to time.
Participation in the lottery or sales promotion:4.1 Participation in the lottery is intended for every participant as defined above.
The lottery method:5.1 The holder of the lottery will choose at random a participant or participants (by the method stated below) out of all the entitled participants, according to the Sales Promotion Terms and Conditions.
5.2 The lottery will be held during the period of the sales promotion at the company’s offices.
5.3 The lottery will be carried out as follows:
a. On the date determined during the sales promotion or lottery, the participants who took part in the sales promotion during the period defined for that sales promotion and who are entitled to take part in the lottery will be located. The company’s records on the matter will constitute decisive evidence of this.
b. The details of the participants will be transferred in an Excel file. Each record of a participant will be given a serial number that is identical to the full details of the participant as they appear in the transaction documents (hereinafter: ‘the number’).
c. The lottery will be held by removing a ball or opaque envelope containing a piece of paper with a number from a box or bag.
d. The date of the lottery will be the date determined during the sales promotion or lottery. The lottery will be held between the participants of that sales promotion in the presence of the supervisor.
5.4 The lottery will be held at the office of the holder of the lottery or any other place at its discretion. The winners will be selected in the lottery as aforesaid, in the supervisor’s presence.
5.5 The company’s employees and the employees of the Rad-Bynet Group and their first-degree family members will be prohibited from participating in the lottery.
5.6 After the holding of the lotteries as aforesaid and the selection of the winner, three (3) additional candidates for winning will be chosen additionally, in the same way, and these will replace the winner if the winner cannot be located and/or his win will be canceled according to these Terms and Conditions and/or he will refuse to accept the prize, and they will serve as alternative candidates for the prize according to the order of their selection (hereinafter: ‘the alternative candidate(s)’). The person and/or persons who were selected as the winner of the lottery will not be selected as alternative candidates. If the winner is located and his win is not canceled, the alternative candidates will not be entitled to any prize whatsoever.
5.7 All the lotteries will take place according to the General Permit.
5.8 Without derogating from the provisions of the sections above, the supervisor will be entitled to decide, at his sole discretion, the right to the prize, in any case where suspicion arises that there was a problem and/or defect and for any other reason relating to fraud or any other relevant reason or a lack of clarity in the file of the persons employed on the dates of the sales promotion.
5.9 The Terms and Conditions may be viewed by any person who wishes to participate in the lottery at the offices of ABnet Communication Ltd. at 31 HaBarzel Street, Ramat HaHayal, Tel Aviv, and at the sales promotion site.
Locating the winners and giving the prize:6.1 The results of the lottery will be published no later than three working days from the date of holding the lottery or determining the winners of the various sales promotions.
6.2 After the ticket of a valid participant has been selected, the holder of the lottery will act to locate the winner to give him notice that he has won the lottery.
6.3 Locating the winning candidate will be done with proper and reasonable diligence and will continue for no more than fourteen (14) business days from the date of holding the relevant lottery. The company will act to locate the candidate by giving a telephone notice to the candidate on his telephone number and at his place of work as they appear in the company’s records. In addition, the company will publish the name of the winner on the company’s website.
6.4 If a winner is not located within the period stated above and/or if the supervisor decides to cancel his win, he will not be entitled to receive the prize and his win will be canceled. In such a case, an alternative candidate will be declared the winner, according to the order of his being selected in the lottery, and the holder of the lottery will act to locate him as aforesaid. The alternative candidate will be subject to what is stated in section 4 above.
6.5 After locating the winner, a detailed notice will be sent to him about how he can receive the prize.
6.6 Each winner should confirm his desire to receive the prize within 21 days of the date of publication of the results of the lottery or the date on which the notice of his win was sent to the winner by registered mail (if he gave his address), whichever is later.
6.7 If a winner does not confirm his desire to receive the prize as stated in section 6.6 above, his win will be canceled.
6.8 The company reserves the right to publish the win by any means of communication chosen by it, including publishing the win in daily newspapers, photographing the giving of the prize, the details of the winner and his photograph, for an unlimited time. This section is material. A refusal of the winner to cooperate with such publication will deprive him of his entitlement to the prize.
Supervisor:7.1 The financial manager of ABnet Communication Ltd. (hereinafter: ‘the supervisor’) will be the supervisor of the lottery.
7.2 The supervisor will be responsible for dealing with communications of the participants, adjudicating as an arbitrator any case of a misunderstanding, doubt or difficulty, including the interpretation of the Terms and Conditions and deciding any dispute between the holder of the lottery and the winner, a candidate for winning or a person who claims that he won.
7.3 The supervisor’s decision on any matter relating to the lottery is final and binding for all intents and purposes.
General:8.1 By participating in the sales promotion, the participant and/or someone who wishes to participate agrees, confirms and declares that he has read the Terms and Conditions and that he accepts their provisions, and even if he has not read the Terms and Conditions, the participant and/or someone who wishes to participate agrees that these Terms and Conditions will apply to him and bind him for all intents and purposes.
8.2 The description of the prize in these Terms and Conditions and/or any other publication of the holder of the lottery is indicative and does not bind the holder of the lottery.
8.3 It is hereby clarified that insofar as there is an obligation to report the aforesaid winning of the prize to the tax authorities and tax will be payable on the win, only the winner within no more than 14 working days from the time of receiving the notice of his consent to receive the prize, as stated in section 6.6 above.
8.6 Prizes will be awarded in the sales promotion as published from time to time.
8.7 The holder of the lottery is not liable for the condition and/or quality of the prize and/or the service relating to the prize, and the exclusive responsibility regarding the aforesaid rests with the manufacturer and/or importer of the prize.
8.8 For the avoidance of doubt, the winning of the prize does not derogate from the participant’s obligation to comply with all the terms of the sale agreement signed by him.
8.9 Without derogating from these Terms and Conditions and the provisions of any law, the supervisor will be entitled to cancel the win of a participant who won by committing an offense or an act that was not lawful according to the supervisor’s discretion and demand the return of the prize to the holder of the lottery.
8.10 The participants, including the winner and/or the alternative candidate, release the holder of the lottery and/or the supervisor from any complaint and/or claim relating to any damage, loss or expense that was caused to them or their property as a result of their participation in the lottery and/or within the framework of realizing the prize.
8.11 The holder of the lottery reserves the right to cancel and/or change parts of the sales promotion or the whole sales promotion, at its sole discretion, subject to the supervisor’s approval (hereinafter: ‘cancellation notice’).
8.12 The holder of the lottery may change the structure, content, procedures, dates, the period of the sales promotion and the type of the prize at its sole discretion (hereinafter: ‘change of the terms of the sales promotion’).
8.13 Notice will be given of a change and/or cancellation as stated in sections 8.11 and 8.12 above, which will be published on the company’s website.
8.14 The participants, including the winner, will not have any claim or right regarding a change of the terms of the sales promotion and/or the operations that the holder of the lottery will carry out as a result of a problem and/or mistake as aforesaid and/or in connection with any direct and/or indirect damage that will be caused as a result thereof.
8.15 The holder of the lottery may, at its sole discretion, postpone or bring forward any date and/or time that was determined for a participant to prove his right to a prize and/or realize the prize and/or any other time that arises in connection with the participant’s right to any prize and the realization thereof.
8.16 The participant and/or someone who wishes to participate hereby agrees, declares and undertakes that he releases the holder of the lottery and the supervisor from any complaint and/or claim and/or demand relating directly and/or indirectly to the sales promotion and/or prize and/or the realization thereof.
8.17 The holder of the lottery, its managers and/or employees neither are nor will be responsible for any matter relating to the acts and/or omissions of the manufacturer of any of the participating products, nor will they be liable for anything relating to the aforesaid participating products, including their quality and/or any personal injury and/or property damage resulting from the use thereof.
8.18 Without derogating from what is stated in these Terms and Conditions, it is clarified that the holder of the sales promotion and/or any of its employees and/or managers and/or anyone acting on its behalf will not be liable in the event of an act or omission of any third party where the use of the prize is dependent upon his consent and/or an action that it is required to carry out, including a dispute between any third party and the holder of the sales promotion in connection with the sales promotion, which may affect the awarding and/or realization of the prize.
8.19 The participant and/or someone who wishes to participate agrees and undertakes that any problem, delay, etc., which originate inter alia in a war, strike, disruptions in telephone and computer communication systems or force majeure will not be regarded at all as a breach of these Terms and Conditions, nor will they entitle him to any relief and/or right and/or remedy.
8.20 The participant and/or someone who wishes to participate declares and confirms that he knows that because of the logistical complexity of the sales promotion, notwithstanding the efforts of the holder of the lottery, errors and/or disruptions and/or problems may occur, including printing errors and/or timetable errors and/or communication errors, at any of the stages of the sales promotion, which may prevent the participant from participating in the sales promotion and/or winning a prize in the lottery and/or realizing it and/or receiving it. The participant agrees to release the holder of the lottery from any complaint and/or demand and/or claim and will not be entitled to any compensation, indemnity or remedy as a result thereof.
8.21 The supervisor and its assistants, managers, partners and their first-degree family members are prohibited from participating in the sales promotion.
8.22 Each participant and/or person who wishes to participate declares, agrees and confirms that participation and receiving the prize and winning the lottery may be reviewed and/or published and/or photographed in various media, including on television, in the newspapers, on the website under any law, and by participating in the sales promotion, the participant and/or the person who wishes to participate and/or the winner expresses his consent to the publication of his name and photograph and personal details in the aforesaid reports and publications, including in publications and sales promotions of the holder of the lottery, and that as a condition for his participating in the sales promotion, he agreed to all the aforesaid.
8.23 The name of the winner and the details of the sales promotion will be updated on the website of the holder of the lottery at the address www.abnet.co.il and on its Facebook page.
8.24 There are no double benefits, sales promotions or discounts. The value of the benefit that is published as aforesaid is final and no additional benefit will be given.