1. General Definitions
"QR Codes" - Quick Response codes, which are two-dimensional barcodes leading to the Website, by use of a QR Scanner.
"QR Scanner" - A barcode scanner that can decode QR Codes.
"The Campaign" - A marketing campaign, allowing the participants a chance of winning the Prize as detailed below, in accordance with the conditions of these Terms of Use.
"Haifa" - Haifa Chemicals Ltd. and any of its affiliates and/or subsidiaries.
"The Website" - Haifa's website (www.haifa-group.com).
"Haifa's Terms of Use" - The general terms of use of the Website.
"Registration" - The creation of a user account in the Website's community section by a visitor using one of the QR Codes provided on the Products, as defined below.
"Participant" - Any costumer of Haifa, who has made a purchase of (at least) one of the Products (as defined below) in the past six months prior to the participation date, whether directly from Haifa and/or indirectly through any of Haifa's distributors and who has complied with all of the following accumulative terms: (1) fulfillment of all the terms provided under section 3 of these Terms of Use; and (2) the user is over the age of 18.
2. Interpretation
2.1. In the event of any conflict and/or discrepancy between any of the provisions of these Terms of Use and any documents and/or other publications and/or any other information regarding the Campaign, such conflict and/or discrepancy shall, for the purpose of the interpretation and enforcement of the terms of the Campaign, be resolved by giving the provisions of these Terms of Use priority and precedence over the provisions and/or information contained in any other document and/or publication.
2.2. Without derogating from section 2.1, these Terms of Use can only add to the provisions of Haifa's Terms of Use. In the event of any conflict and/or discrepancy between any of the provisions of these Terms of Use and any of the provisions of Haifa's Terms of Use, the provisions of Haifa's Terms of Use will prevail.
2.3. The headings in these Terms of Use are inserted merely for convenience of reference and shall be ignored in the interpretation and construction of any of the provisions herein contained;
3. The Campaign
3.1. For the purpose of this Campaign the following terms shall have the meaning ascribed thereto:
"The Prize" - A new Apple iPhone5S 16GB.
"The Products" – any of the following products: Multicote and/or Multicote Agri and/or Multicote Turf and/or CoteN and/or MultiVerdo and/or Multi-K Classic and/or Multi-K GG Multi-npK and/or Poly-Feed GG and/or Magnisal and/or Deshen-Kol (Israel).
3.2. A participant interested in participating in the Campaign must:
3.2.1. Scan the QR Codes printed on the Products.
3.2.2. Complete the Registration process to the Website's community section as provided in the landing page following the QR Codes' scanning, or in case the participant is already a registered member in the Website's community section, the provision, by the participant, of his identifying details with respect to such membership.
3.2.3. The Participant's user account in the Website's community section must include the following details: the Participant's full name, username, valid e-mail address and password.
3.2.4. After the completion of the Registration or the provision of the identifying details for a registered member in the Website's community section, the participant may access the Campaign and participate in it by performing the following two steps: (1) answering the question appearing in the landing page of the Campaign correctly (the "Question"); and (2) providing and verifying the following details: the Participant's full name, home/ work address, phone number and/or mobile phone number.
3.2.5. Each participant shall be entitled to participate in the Campaign only once. In the event that Haifa deems a Participant to have made multiple applications to register to the Website's community section or to have acted in bad faith with respect to the Campaign, the participant shall be excluded from the Campaign and consequently ineligible to win the Prize, as defined above.
4. The Campaign 's Winners
4.1. The Campaign will accommodate up to 2 winners.
4.2. The winners of the Campaign will be the 50th and 100th Participants, respectively, provided that each of such Participants has made a purchase of (at least) one of the Products in the past six months prior to the participation date, whether directly from Haifa and/or indirectly through any of Haifa's distributors.
4.3. In the case that the amount of Participants does not sum up to 100 Participants (or more), the winners of the Campaign will be as follows:
4.3.1. In the case the number of Participants in the Campaign shall be below 50, the winners of the Campaign will be the last two Participants.
4.3.2. In the case the number of Participants shall be above 50 and below 100, the winners of the Campaign will be the 50th Participant and the last Participant.
4.4. The first winner and the second winner shall be referred to, jointly, as "the Winners".
4.5. The final announcement of the Winners will be made not later than August 31, 2014.
4.6. The Prize and/or any voucher or document relating thereto will be mailed out to each of the Winners after each of them have provided Haifa with a valid mailing address and a proof of identity .
4.7. In the event that, for any reason whatsoever, any of the Winners fails to respond, within seven (7) days, to Haifa's notification of his/her winning, such winning Participant shall be deemed to have forfeited his / her claim to the Prize and Haifa shall not have any obligation whatsoever to compensate the winning participant in any way.
4.8. In the event that any of the Winners has not complied with the term provided in section 4.2 regarding the purchase of (at least) one of the Products in the past six months prior to the participation date and/or failed to provide Haifa with a proper document proving such purchase, the winner will be the first next Participant who has complied with all of the terms provided in section 4.2 above and has provided Haifa with the required documentation.
4.9. Haifa may, at its sole and absolute discretion, disqualify any Participant from winning the Prize, and will have no obligation to provide any explanations regarding such disqualification. By participating in the Campaign, each Participant waives any claim and/or demand against Haifa with respect to such disqualification.
4.10. Haifa's decision is final with respect to all matters relating to the awarding of the Prize and shall not be subject to review or appeal by any Participant or by any third party.
4.11. The Prize is neither transferable nor exchangeable and cannot be exchanged for money or money's worth.
4.12. The Winners shall be solely responsible for any taxes levied in relation to the delivery or receipt of the Prize.
4.13. The participation in the Campaign is considered the Participant's agreement that Haifa may contact him/her.
4.14. The acceptance of the Prize will be considered as the approval by each Winner for Haifa to use his/her name and/or photos in Haifa's advertisements and/or publications.
5. Limitation of Liability
5.1. Under no circumstances, shall Haifa or any of its directors, officers, employees, distributors or agents be liable for any direct or indirect losses or damages arising out of or in connection with the access, use, or inability to take part in the Campaign. Without derogating from the aforementioned, Haifa shall not be liable in any way for possible errors or omissions in the Campaign, including malfunctions in the Website, the Registration, the Registration forms and the QR Codes . To the fullest extent possible under any applicable law this limitation of liability shall apply to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, incidental, consequential, exemplary or otherwise, including without limitation, loss of data, revenue or profits. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis and even if an authorized representative of Haifa has been advised of or should have known of the possibility of such damages. Despite the aforementioned, in case any court will find Haifa accountable for any such damage, its liability limits will be set to the extent worth of the Prize.
5.2. Each participant confirms and acknowledges of his/her awareness of the logistic and technical complexities of the Campaign and the possible errors and/or malfunctions and/or interruptions which may prevent him/ her from participating in the Campaign and/or from winning. The Participant agrees hereunder to exempt Haifa of any claim and/or demand regarding the aforementioned, and further agrees that he/she will not be eligible for any compensation, indemnification or any other relief of any kind with respect to the aforementioned.
6. Miscellaneous
6.1. All the provisions of Haifa's Terms of Use will be construed as an integral part of these Terms of Use.
6.2. Haifa reserves the right to alter these Terms of Use at any time and in its sole discretion.
6.3. Haifa reserves the right to disclose the Winners' names and identities.
6.4. Haifa reserves the right, at any time, to cancel, modify or suspend the Campaign, in its sole discretion, in case the Campaign is not capable of being conducted as specified.
6.5. These Terms of Use and any matters relating hereto shall be governed by, and construed in accordance with the laws of the state of Israel and shall be subject to the exclusive jurisdiction of the courts of Israel.
6.6. Haifa reserves the right, at its sole discretion, to substitute the Prize for any other prize of equal monetary value.