Terms and conditions
WEBSITE TERMS AND CONDITIONS
THIS SITE IS ONLY OPEN TO RESIDENTS OF THE UK AND IRELAND.
This website is operated by [Danone Ltd] ("we" or "us"). Access to and use of this website is subject to the following terms and conditions, any specific terms and conditions applicable to the use of particular area of the website and all applicable laws. By using this website, you agree to these terms and conditions, and by using additional areas of this website such as TLC Chat you agree to be bound by the terms and conditions of use of those areas; if you do not agree to these terms and conditions, please do not use this website.
CHANGES TO TERMS AND CONDITIONS
We may at any time change these terms and conditions and you should visit this web page to be aware of the current terms and conditions from time to time. Should you continue to use this website after such changes have been made you are deemed to agree to those changes.
LINKS TO OTHER WEBSITES
We may provide links to other third party websites. These links are agreed with the concerned websites whenever we consider that this would be appropriate given the contents of those websites and the services offered. We are not responsible for the content of those websites and accept no liability in any way for any loss suffered by you in relation to your use of those websites. Such other websites will be subject to separate terms, which should be read before you use those websites.
OUR INTELLECTUAL PROPERTY RIGHTS
Access to this website grants you the right to use it for personal, non-commercial use only. All rights, title, and interest in and to all aspects of this website, including trademarks and copyright, remain our sole property, the property of our affiliated companies or our licensors. The copying, modification or distribution of the contents of this website without our written permission is strictly prohibited. For the avoidance of doubt the copying of text, photographs, documents, trademarks, logos or other branding contained on this website is expressly forbidden.
YOUR USE OF THE WEBSITE
If you are a registered user of this website you agree to inform us immediately if at any time you believe that your user name and password may be being used by unauthorised persons.
You agree not to post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or indecent material, or any material that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable laws or regulations. We reserve the right to remove any such material from this website. You also agree not to transmit any viruses or other harmful components to this website.
You confirm that any information or other materials provided by you to us will not infringe the intellectual property rights of any third party and will not violate the laws or regulations of any country which may have jurisdiction over such use. You agree to give us prompt notice of any claim made against you for infringement of copyright in connection with your use of this website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy or completeness of such material. We do not warrant that this website or the server that makes it available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair, or correction of your computer systems.
Neither we nor any of our affiliates shall be liable for any direct, indirect, special or consequential loss (including third party claims, loss of profits, revenue or goodwill) suffered by you or any third party arising in relation to your use of this website. Nothing in these terms and conditions is to be interpreted as an attempt to limit or exclude our liability for any personal injury resulting from our negligence and, if you are a consumer, nothing we say affects your statutory rights.
These terms and conditions are governed by English law and in the event of any dispute you and we irrevocably submit to the exclusive jurisdiction of the English courts.
Registration Number 1769822 England
Registered Office: 20-22 Bedford Row, London, WC1R 4JS
TLC PLAN TERMS AND CONDITIONS
- The TLC plan from Activia (the TLC plan) is a diet, fitness and lifestyle plan designed by our TLC experts to help you get back on track. It is not a weight loss plan.
- The plan is provided free of charge, though you will need to buy the food and anything you need for the activities.
- By signing up to the plan you consent to us contacting you in order to tell you about the plan, to provide you with tips and to provide you with details of Activia products and offers. Once registered you can also change your contact preferences in the My Account section.
- The meals on the TLC plan have been devised by our TLC expert to be nutritionally balanced based on the Guideline Daily Allowance of 2000 kcal. As you can select from three meal options for each meal it is possible that by making certain selections (for example eating meat more than once a day) that you may exceed your GDA. It is your responsibility to select healthy options.
- It is your responsibility to ensure that all ingredients you purchase and meals you select are suitable for any allergies or particular dietary issues you may have.
- The TLC plan is designed to give you tips about how to achieve a healthy lifestyle. It does not provide medical advice and if you have any concern about your health please visit a doctor.
- The TLC plan includes fitness tips and exercises, if you are not in good health, are pregnant or breastfeeding or have not exercised for some time please consult your doctor before commencing the plan.
- The TLC plan includes fitness and lifestyle tips. Please ensure that you carry out the activities suggested in accordance with the instructions, including warming up properly, and following the instructions in a safe manner and location. Failure to do so may result in injury. All fitness and lifestyle tips and exercises are followed at your own risk. Danone cannot accept any responsibility for loss or damage howsoever caused. This does not affect your statutory rights
- If at any time you wish to withdraw from the plan, you can do so by contacting us via the email address on the contact us element of the site. There is no cost for withdrawing from the plan.
- While we have tried to ensure that all links to 3rd party websites that are provided are suitable, Danone is not liable for the content of any 3rd party websites.
- Any comment that you post on the TLC plan site will be viewable by all TLC plan users. Accordingly, by commenting or posting you consent to the comment or post being displayed publicly and you understand that it may be used in future marketing materials without obtaining further permission or payment.
- The website is moderated. Any comments or posts on the website that are, in the opinion of Danone, offensive or inappropriate will be removed without notice.
- TLC Points - during the plan TLC points can be collected. TLC points are awarded for certain activities during the plan, for example for registering, rating activities and posting comments, opportunities to obtain points will vary during the year. Please note that you will only obtain points for the first five times each day that you rate or share an item and eight times that you share an item during the plan. Once you have reached the maximum number, you may continue to rate and comment, but you will not accrue points. Points are not transferrable
- When joining the TLC plan you consented to Activia contacting you for the purposes of administering the plan and to send you updates about the TLC plan and Activia products and offers. You can adjust these preferences at any time on the "My Account" page, or by following the instructions on any email that you receive.
- The Terms and Conditions are valid for the TLC Rewards promotion from packs of Activia only. The TLC Rewards points are available on and collectable from purchases of all Activia Fruit, Activia FAT FREE (with the exception of Fat Free Strawberry), Activia LAYERS and Activia FIBRE Cereals packs.
- The Promotion is open to any consumer who has purchased promotional packs of Activia yogurt, provided that they are:
- Aged 18 or over
- Residents of the Republic of Ireland
- Not employed by Danone Ltd, their associated companies, their agents or related to anyone employed by Danone Ltd, their associated companies, their agents
- The promotion starts on 1st March 2012. By 12 noon on 2nd January 2013, participants must have added all their points to their account. By 12 noon on 31st January 2013, participants must have chosen their reward(s) and redeemed their points. By 31st March 2013, participants must have redeemed their reward(s). Dates are subject to change.
- Internet access is required. Participants need to go to www.activia.ie and create a TLC Rewards account. Participants must have a valid email address in order to create an account. There is a limit of one account per person.
- All entry instructions form part of these Terms and Conditions. By entering this promotion, all participants will be deemed to have accepted and be bound by the Terms and Conditions
- The Promoter reserves the right to refuse any participant that is believed to be in breach of the Terms and Conditions.
- Each Activia TLC rewards promotional pack contains a minimum of one unique ten-digit code. Participants need to go to www.activia.ie, create a TLC Rewards account and enter the code. Each code has a value of at least 100 TLC Rewards points. The number of TLC Rewards points adds up each time new codes are entered. A selection of TLC rewards are available depending on the number of points collected. At any time during the course of the promotion, when enough points have been collected, participants can click on their chosen reward and redeem it by following the online instructions eg what happens next? who do they need to contact etc?. Each code may only be entered once. Attempts to enter invalid codes will result in an error message being displayed and the account holder may need to contact Customer Services. All codes, passwords or other personal details must be kept confidential.
- Rewards are available only to the account holder and are subject to both availability and the Terms and Conditions specified for each individual reward. Rewards may only be available for a limited time and are subject to change.
- Rewards are as stated. Danone Ireland Limited (“the Promoter") reserves the right to offer alternative rewards, of equal or greater value, should any of the advertised rewards become unavailable.
- Offers must be redeemed as per the specific mechanic for each reward. The list of participating partners and venues is subject to change. Participants may be required to contact their chosen partner or venue to confirm continuing availability of the offer and specific times of the availability of the offer.
- Neither the Promoter, its agents nor its distributors will accept liability for lost, stolen or damaged vouchers or codes. The Promoter reserves the right to withdraw or amend the rewards.
- Each voucher or code may only be used once. Photocopied, scanned, damaged or illegible vouchers will not be accepted.
- TLC Rewards vouchers, when printed, are non-transferable, may not be resold and may not be used in conjunction with any other promotional offer. Furthermore, TLC Rewards vouchers, when printed, have no monetary value and may not be redeemed in whole or part for cash.
- Prices (if applicable) and information presented on this website are valid at the time of the launch of the promotion on 1st March 2012 and may be subject to change.
- In the event of a large uptake on this promotion, participating partner venues reserve the right to book voucher holders up to 3 months from date of calling to make a promotional booking.
- In case of any questions or issues, participants should contact a member of the Promoter's customer service team for assistance on 01 4475 719 (Open 9.30am to 5.30pm Monday to Friday, excl. Bank Holidays. Local/national call rates apply from landlines. Other network costs may vary.).
- Where the use of a printed voucher is specified in order to redeem an offer, participants must have a working printer connected to their computer. Participants have the option of downloading the voucher to be printed at a later date. A printout of the voucher must be supplied to the partner when the offer is redeemed. No substitutes for this voucher can be accepted. Please check the relevant partner offers for further details.
- Where the offer requires attendance at a partner's venue, participants must telephone the partner or venue in advance of the visit, stating that they are in possession of an "Activia TLC Rewards voucher", to check availability (restrictions may apply and participants may need to book in advance). If applicable, participants should have their voucher number with them to quote if requested by the partner.
- Neither the Promoter , nor its agents nor distributors will in any circumstances be responsible or liable to compensate the bearer, or accept any liability for (a) non-acceptance of a voucher or (b) any inability by the bearer to use a voucher properly or at all or (c) the contents, accuracy or use of either a voucher or the partner venue listing, nor will any of them be liable for any personal loss or injury occurring at a partner venue, and (d) the Promoter, its agents and distributors do not guarantee the quality and/or availability of the services offered by the venues and or third parties and cannot be held liable for any resulting personal loss or damage. Statutory rights are unaffected.
- All use of a voucher at a partner's premises or venue are subject to that partner's own terms and conditions in respect of its service, goods or venue.
- For the avoidance of doubt the Promoter, its agents and distributors exclude, to the full extent permissible by law, all liability, claims and responsibility, to include, but not limited to, liability for any injury, loss of limb or other misadventure occurring as a result of the use of a TLC Rewards voucher.
- The Promoter will not be responsible for any loss of TLC Rewards arising in circumstances where a participating partner goes out of business (for whatever reason) before a voucher can be used.
- The Promoter reserves the right to modify these Terms and will endeavour to give you notive but, for the avoidance of doubt, is not obliged to do so.
- The Promoter's decision on all matters relating to the TLC Rewards and these terms and conditions is final and no correspondence will be entered into (unless otherwise required by law).
- All codes and vouchers are valid until the dates set out in clause 3.
- The Promoter reserves the right to terminate, amend or extend this promotion in wholly exceptional circumstances or those outside its control.
- www.activia.ie has links to sites and software owned or operated by parties other than the Promoter. Such links are provided for your convenience only. The Promoter does not control and is not responsible for the content, privacy policies or the security of such sites or software. Imagery used on this website is for representative use only.
- This promotion is administered and operated by TLC Marketing UK Ltd., PO Box 468, Swansea SA1 1RH on behalf of the Promoter. All correspondence regarding this offer should be directed to this address marked 'Activia TLC Rewards'.
MONEY BACK GUARANTEE
HOW TO CLAIM:
In order to claim your refund of the cash equivalent of your purchase price of a total of 16 pots of Danone Activia bought as multipacks (excluding Intensely Creamy and Activia Greek Style) between 01/01/2012 and 28/02/2012 please follow the instructions below.
Simply send us your name, date of birth and address (including postcode) all written in block capitals together with:
- Proof of purchase(s) for a total of 16 pots of Danone Activia bought as multipacks (excluding Intensely Creamy and Activia Greek Style) between 01/01/2012 and 28/02/2012 inclusive.
Proof of Purchase means printed receipt(s) (either via till or online shopping) with your Activia purchases highlighted, and the date of purchase clearly displayed. If submitting online shopping receipts, the name and address of the applicant must also be visible. Photocopied receipts are not acceptable and will be deemed invalid.
- An explanation, in no less than 15 words, of why you are convinced that the TLC Plan does not live up to the claim stated on pack (i.e. feel great from the inside).
Activia Money Back Guarantee
Any personal data submitted will be used strictly by the Promoter for the purposes of administering this offer and will not be used for any other purpose whatsoever without prior permission.
Valid claims will be refunded by a cheque, made payable to the person named on the claim. Please allow 28 days for the processing of your refund.
Full terms and conditions can be found online at: www.danoneactivia.co.uk
Money back refund terms & conditions
- Offer open to UK and ROI residents, aged 18 and over at time of entry.
- Offer excludes employees of Danone Ltd., their families or anyone professionally connected to this promotion.
- By participating in this promotion applicants will be deemed to have accepted and be bound by these terms and conditions.
- Closing date for receipt of claims is 31/03/2012
- One claim only per household.
- The maximum refund per applicant is the cash equivalent of the relevant applicant's purchase price of a total of 16 pots of Danone Activia bought as multipacks (excluding Intensely Creamy) bought between 01/01/2012 and 28/02/2012 - as evidenced by proof of purchase - see section 8 below). No bulk or third party claims permitted. Please note that you may claim a refund for any combination of ACTIVIA TWELVE PACKS, ACTIVIA EIGHT PACKS and ACTIVIA FOUR PACKS (excluding INTENSELY CREAMY and GREEK STYLE) that make up a total of 16 pots.
- Possible combinations are: 1x ACTIVIA TWELVE PACK + 1x ACTIVIA FOUR PACK or 2x ACTIVIA EIGHT PACKS or 1x ACTIVIA EIGHT PACK + 2x ACTIVIA FOUR PACKS or 4x ACTIVIA FOUR PACKS.
- If you bought the packs at a promotional price, we will refund you at the promotional price.
- Your statutory rights are not affected.
In order to claim your refund, Applicants must send their name, date of birth, address and postcode (written in block capitals) to:
Activia Money Back Guarantee
- Proof of purchase(s) of a total of 16 pots of Danone Activia bought as multipacks (excluding Intensely Creamy and Greek Style) bought between 01/01/2012 and 28/02/2012. Proof of purchase means printed receipt(s) (either via till or online shopping) with your Activia purchases highlighted, and the date of purchase clearly displayed. If submitting online shopping receipts, the name and address of the applicant must also be visible. Photocopied receipts are not acceptable and will be deemed invalid. Receipts will not be returned.
- Applicants must also explain in no less than 15 words why, having followed the TLC Plan, it does not live up to the claim stated on pack.
- The Promoter will not accept any responsibility for lost, late, ineligible or incomplete claims. Incomplete or illegible will not be processed and proof of posting will not be accepted as proof of receipt
- Valid claims will be refunded by cheque, made payable to the person named on the claim, for the total price value of the total of 16 pots of Danone Activia bought as multipacks (excluding Intensely Creamy and Greek Style) you have purchased. Please allow 28 days for the processing of your refund.
- The determination and decision of the Promoter on all matters relating to this offer shall be final and no promotional correspondence will be entered into. The Promoter reserves the right, in its reasonable discretion, to disqualify any applicant whose conduct is contrary to the terms and conditions of the promotion and declare as void their claims.
- Any personal data submitted will be used by the Promoter strictly for the purposes of administering this offer and will not be used for any other purpose whatsoever without prior permission.
- The Promoter does not warrant that any use of or access to its website will be uninterrupted by error or virus free, nor shall it or its licensors have any liability for damage caused by hostile software which may infect your computer equipment or property as a result of your use or browsing the website.
- The promoter reserves the right to amend or extend this promotion on reasonable notice or to terminate the promotion in circumstances outside its reasonable control. The determination and decision of the promoter on all matters shall be final and no promotional correspondence will be entered into. The promoter reserves the right in its reasonable discretion to disqualify any applicant whose conduct is contrary to the spirit of the rules or the intention of the promotion and to declare as void any or all of their claims or entries based on such conduct.
For enquires regarding this offer please write to:
Activia Money Back Guarantee
Promoter: Danone Ltd, Activia, 3rd Floor, International House,7 High Street, Ealing, London W5 5DW. DO NOT SEND APPLICATIONS OR ENQUIRIES TO THIS ADDRESS
The offer is made by FOTORAMA on its own behalf and any payments to be made in accordance with the terms of the offer will be made by FOTORAMA. Danone will have no liability towards any consumers for any payments under the terms of the offer.