McCain SureCrisp™ Marketing Campaign Program Terms and Conditions
Last updated on: [11 February 2022]
McCain Foods (Aust) Pty Ltd ABN 96 000 629 587 (“McCain”, “we” or “us”) owns and operates the McCain SureCrisp™ Marketing Campaign Program (“Program”). The Program can be found at www.surecrisp.com.au.
The following terms and conditions (“Terms and Conditions”) constitute the legally binding agreement between you and McCain governing your participation in the Program. It is your responsibility to read and understand them.
By clicking “I agree” below, you are signing up as a Program Member (as defined in Section 1) and agree to be bound by the Terms and Conditions:
“Campaign Services” means certain marketing, advertising and promotional support services, as outlined in Section 3, provided by McCain.
“Initial Term” means three (3) months from the date that you become a Program Member.
“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, trade names, domain name rights know-how and other trade secret rights, and all other intellectual property rights, derivatives or adaptations thereof, and forms of protection of a similar nature anywhere in the world;
“Program” means the McCain SureCrisp™ Marketing Campaign Program under which Program Members receive Campaign Services in accordance with these Terms and Conditions.
“Program Member” means a participant in the Program in accordance with the eligibility requirements in Section 1.
“Specialty Potato Product” means a potato product that is not a standard French fry potato product, for example, curly fries.
2. PROGRAM MEMBER ELIGIBILITY
In order to be eligible to participate in the Program, you must be a current operator of a restaurant, pub or other food venue based in Australia in good standing and have an existing trading agreement with a nominated distributor of McCain SureCrisp™. By accepting these Terms and Conditions, you are applying to be a Program Member and McCain may accept or reject your application in its absolute discretion.
Notwithstanding the above, McCain reserves the right, in its absolute discretion, to determine your eligibility as a Program Member. McCain reserves the right to disqualify any Program Member who does not adhere to these Terms and Conditions.
3. CAMPAIGN SERVICES
For the duration of the Program, in consideration for the Program Member’s performance of its obligations under Section 4, McCain will offer to its Program Members certain Campaign Services in respect of McCain SureCrisp™. Such services may include:
- McCain SureCrispTM advertising (paid or unpaid), placement of Program Member’s weblink, brand logo and other approved marketing collateral on the McCain SureCrispTM consumer-facing website www.surecrisp.com.au;
- Creation and provision of social media posts and advertising of McCain SureCrisp™ for use at Program Member’s venue(s);
- Provision of operator toolkit support products, such as social media post templates, website tools, banner templates (leaderboards, skyscraper, MREC), McCain SureCrisp™ logos, fonts.
- Provision of point of sale marketing collateral ‘kits’ containing McCain SureCrisp™ counter cards, window stickers and posters, instore merchandise; and
- from time to time, other promotional incentives or benefits at McCain’s discretion.
The scope and level of Campaign Services to be provided will be agreed between the Program Member and McCain.
4. YOUR OBLIGATIONS
During the Initial Term and for as long as you are a Program Member, you agree to:
- exclusively purchase McCain SureCrisp™ from your nominated distributor;
- exclusively supply McCain SureCrisp™ as the French fry potato product at your venue, except for any Specialty Potato Products; and
- promote McCain SureCrisp™ as the exclusive French fry potato product served at your venue (except for any Specialty Potato Products) using agreed marketing collateral and in compliance with McCain’s advertising requirements, including (but not limited to): promotional content and materials on menu boards (on-premise and off-premise), social media platforms, website banners, e-direct marketing, online and in-store consumer point of sale touchpoints.
If for any reason, McCain is unable to supply McCain SureCrisp™ in accordance with your purchase order during the Program, McCain will endeavour to provide a reasonable substitution and your obligations hereunder are suspended without liability if McCain SureCrisp™ cannot be supplied within 30 days after acceptance of your purchase order by McCain. During this suspension period, the Campaign Services may also be temporarily suspended without liability until such time as the supply of McCain SureCrisp™ can be reinstated.
5. TERM AND TERMINATION
- This agreement commences on the date that you become a Program Member continues until terminated by either party in accordance with these Terms and Conditions.
- You may not terminate this agreement during the Initial Term. After the Initial Term, you may terminate your participation in the Program for any or no reason by visiting the website www.surecrisp.com.au/cancelcampaign, click Cancel.
- McCain may terminate your participation in the Program at any time by written notice and immediately suspend or cease provision of any or all Campaign Services if you are in breach of these Terms and Conditions.
- If this Program is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of McCain, McCain reserves the right, in its sole discretion, to the fullest extent permitted by law (i) to disqualify any Program Member; or (ii) to modify, suspend, terminate or cancel the Program, as appropriate. You will be notified in writing if this occurs.
6. LIMITATION OF LIABILITY
- You expressly understand and agree that, to the extent permitted by applicable laws, McCain and any of its related bodies corporate shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in connection with your participation in the Program or the use or inability to use Campaign Services. In no event shall McCain’s total liability to you for all damages, losses or liabilities or causes of action (whether in contract, tort (including negligence) or otherwise) relating to the Program exceed $AUD100.
- McCain reserves the right to vary, alter or amend any or all parts of this Program and the Terms and Conditions at its absolute discretion. You will be notified of any such change or variation in writing.
- This is a restricted program and has no relation to any other aspect of rewards, incentive schemes or any other rewards that may be available in connection with McCain’s products or services.
7. INTELLECTUAL PROPERTY RIGHTS
- Each party grants to the other party a limited, non-exclusive, non-transferable, revocable, worldwide, royalty free licence to reproduce and publish the logos and artwork and any other Intellectual Property Rights specifically provided for the sole purpose of carrying out each party’s respective obligations under this agreement.
- Each party acknowledges and agrees that it will not acquire any rights in the other party’s logos and artwork, or any other Intellectual Property Right supplied by the other party, by virtue of entering into, or performing its obligations under, this agreement.
- You acknowledge and agree that McCain retains ownership of and all Intellectual Property Rights in the Program, the Program website, the Campaign Services and any Materials created by or on behalf of McCain in connection with the Program.
8. REPRESENTATIONS AND WARRANTIES
You represent and warrant to McCain that:
- you have the authority to accept these Terms and Conditions, and if you sign up as a Program Member on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and Conditions on its behalf;
- you are receiving any Campaign Services provided by McCain for the purposes of carrying on a business activity and not for any personal, household or family purpose;
- you have the ability to perform all of your obligations under these Terms and Conditions and you are not aware of any matter or arrangement that would limit your right or ability to fully perform this agreement;
- you are responsible for all content and materials, including photos, images, videos, logos, artwork, graphics, written content, audio files, code, information, or data (“Materials”) provided by you to McCain for use in connection with the Program and you are entitled to grant the rights to use or license the Materials you have provided in the manner contemplated by this agreement; and
- any use by McCain of Materials and any other Intellectual Property Rights granted to McCain by you in accordance with this agreement will not infringe the rights of any third party (including Intellectual Property Rights).
You indemnify, hold harmless and release McCain, its related bodies corporate and its and their respective directors, officers and employees (each an “Indemnified Party”) against all loss, damage or liability any Indemnified Party may suffer or incur arising out of any claim made against such Indemnified Party (including third party claims) as a result of the non-performance of your obligations under these Terms and Conditions or a breach of your representations and warranties in Section 8.
10. NOTICE AND OTHER EMAIL COMMUNICATIONS
- When you are successful in registering for the Program, you’ll receive an email that confirms your registration. Throughout the Program, from time to time you may receive emails from McCain regarding important information about the Program and McCain’s products and services.
- These Terms and Conditions are governed by the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria, Australia.
- Nothing in these Terms and Conditions creates a joint venture, legal partnership, employment or agency relationship between you and us.
- Failure by McCain to enforce any of its rights (whether under these Terms or Conditions or otherwise at law) at any time does not constitute a waiver of those rights.
- All notices must be in writing to the email or physical address set out in Section 13.
- Neither party may transfer or assign this agreement without the other party’s prior written consent (not to be unreasonably withheld).
- Neither party will be liable for its failure to perform any of its obligations under this agreement due to any factor beyond its reasonable control.
13. CONTACT INFORMATION
For written notices: McCain Foods (Aust) Pty Ltd, level 10/616 St Kilda Road, Melbourne VIC 3004.
For email enquiries: email@example.com
For telephone enquiries: 03 9514 4600