Competition conditions
Article 1 - Subject
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The company Den Berk Délice (hereinafter referred to as the "Organizing Company") with its registered office at Putten 19-21, 2320 Hoogstraten (VAT: 0759.857.121) organizes a contest via the website www.snackdelice.com (hereinafter the "Website") under the name "Snack Délice action" (hereinafter the "Contest"). The Contest will take place between 01/05/2024, 7am and 30/06/2024, 11:59pm.
During this period, a loyalty program will be launched in accordance with the current contest rules (hereinafter the "Rules").
The Contest and any form of promotion related to the Contest are neither managed nor supported by Facebook. The Organizing Company therefore indemnifies Facebook from any responsibility regarding all elements related to the Contest, its organization, and its promotion.
The Contest takes place in Belgium.
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Article 2 - Participation conditions
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In order to participate in the Contest (hereinafter referred to as the "Participant"), the candidate must meet the conditions as mentioned in this article.
Participation in the Contest is allowed for any individual person participating individually and on their own behalf, and who resides in Belgium, excluding legal entities and the following individuals:
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Employees of the Organizing Company;
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The commercial promoters, their employees;
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Their advisors in advertising and promotion.
Participation in the Contest is reserved for individuals who manually and personally confirm their participation and adopt a fair attitude towards the game and the rules.
Participation is strictly personal and under the Participant's own name; therefore, the Participant may not, under any circumstances, play through different accounts, under different IDs or pseudonyms, or on behalf of other Participants. The Participant may not play under a false identity or with false personal data, nor use the identity and personal data of a third party, regardless of the means used to do so.
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Article 3 - Contest Procedure
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The Contest will be announced by the Organizing Company on the Facebook page "Den Berk Délice," on the Instagram page "@denberkdelice," and on the LinkedIn page "Den Berk Délice."
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Participation in the Contest is exclusively and directly through the Website.
To participate in the Contest, the Participant (consumer) must carefully follow these steps:
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Navigate to the Website between 01/05/2024, 7am and 30/06/2024, 11:59pm. (the Belgian date and time of connection shall serve as proof)
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Enter the code found by the Participant at the bottom of the packaging on the designated page.
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Collect as many codes as possible to increase the chance of winning.
The number of entries in the Contest is not limited or restricted.
Participation using a program or any means other than the Website's program, as well as modifying/manipulating it, is prohibited and will result in disqualification and possible legal action for copyright infringement and/or other rights.
HIt is strictly forbidden to modify or attempt to modify the course of the Contest through any means, especially to alter the results or any element that determines the outcome of the Contest.
The Organizing Company will ensure the equality of chances for all Participants through all possible means, including legal measures. The Organizing Company will take sanctions against any Participant who has used unfair practices, including but not limited to scripts, software, bots, or email addresses, or any other method by which participation can be automated without physical intervention, or, more generally, bypassing this Regulation to increase winning chances fraudulently.
The Organizing Company reserves the right at any time, and without being held responsible, to take any sanctions it deems appropriate to maintain the equality of Participants, including the exclusion from participating in the contest of any Participant who has used or attempted to use any fraudulent procedure, or canceling the prize he could have won.
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Article 4 - Determination of the Winners
The first three participants who are closest to the tie-breaker question and have entered a correct unique code will each win a bicycle.
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Article 5 - Prizes
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The bicycles will be awarded to the three participants who are closest to the tie-breaker question.
Only the winners of the Contest will be notified of their prize via email or telephone during the first week of July. If the winner does not respond to this email within a period of 30 working days after receiving it or to the telephone message, or if the data provided is not valid, false, or incorrect, the right to obtain the prize will be definitively lost.
The Organizing Company reserves the right to request proof of identity from each winner.
OSubject to verification of the validity of their participation and confirmation of their details, each winner will receive their prize within approximately 4 (four) weeks after the end of the game. The prize is personal to the winner, cannot be traded, and cannot be exchanged for cash.
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The prizes will be handed out at the nearest Spar or OKay store. Winners can collect their prize there upon presentation of email or SMS.
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Article 6 - Personal Data
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In the context of managing the Contest, the Organizing Company processes the participant's personal data as the data controller in accordance with applicable laws (including the General Data Protection Regulation EU/2016/679) and in accordance with the privacy policy available at https://www.denberk-delice.be/privacy-policy.
The Participant is informed that the Organizing Company will process their personal data for the management of the Contest.
In the context of managing the Contest, the following data will be processed: acceptance of the Rules, result of participation in the Contest, date and time of participation, name, first name, and email address.
The Participant agrees that their first name and name may be used for the announcement of the winners on the Facebook page.
The Organizing Company keeps the collected personal data for the period necessary for the management of the Contest and no later than as described in the Privacy Policy.
The Organizing Company does not disclose the participant's personal data to third parties, except as necessary for the Contest or with the prior explicit consent of the participant.
The Organizing Company takes all necessary precautions to keep the data confidential. However, the Participant acknowledges that sending this data over the internet is never without risk.
The Participant has the right to access the data concerning them and may request changes or deletion by contacting the Organizing Company using the methods described in the following link: https://www.denberk-delice.be/privacy-policy.
The Participant also has the right to object to the processing of their personal data. Their participation in the Contest will be canceled if the Participant requests their data to be deleted or objects to its processing. To exercise the rights of the Participant, the Participant should refer to the privacy policy available at the following link: https://www.denberk-delice.be/privacy-policy.
The Participant consents to all checks regarding their identity and data. Any indication of false or incorrect identity or false or incorrect address automatically results in exclusion from participation.
If a Participant has complaints regarding the processing of personal data, they are requested to contact the Organizing Company. If no satisfactory solution can be found, the Participant can file a complaint with the Belgian data protection authority.
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Article 7 - Liability
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Subject to cases of serious error or intent, neither the Organizing Company, nor its staff, nor third parties involved in the Contest can be held liable for any direct or indirect damage, regardless of its nature, arising from or related to participation in the Contest, or arising from its organization, the selection of winners, or the awarding (or non-awarding) of prizes, regardless of the cause, origin, or consequences, even if the Organizing Company has been informed of the risks of such damage.
The Organizing Company cannot be held liable for technical problems inherent to the Website and/or the email system, or for the temporary unavailability of the Website. The Organizing Company also cannot be held liable for any potential incompatibility between the technologies used in the Contest and the configuration of the hardware and/or software used by the Participant.
Under no circumstances can the Organizing Company be held liable if, in the event of force majeure, events beyond its control, or justified necessity, it is required to shorten, extend, postpone, modify, or cancel the Contest at any time if circumstances so require.
Participation in the Contest implies knowledge of and express acceptance of the Rules and the terms of participation in the Contest. The prizes and the rights associated with those prizes for the winners are strictly subject to the terms of application, which are the sole and exclusive responsibility of the Organizing Company.
The Organizing Company disclaims any liability in the event of loss or theft of the prize, or in the event of fraudulent actions by a third party related to the Contest. In particular, the Organizing Company is not responsible for delivery times and the receipt or loss of the prize, to the extent that its shipment is handled by a third-party company (for example, Bpost).
The use of prizes provided by the Organizing Company is at the expense and risk of the winners. The Organizing Company cannot be held liable under this Regulation or the Contest for the use of the prizes by the winners.
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Article 8 - Changes to the contest
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The Organizing Company reserves the right to modify the organization of the Contest, and to suspend, postpone, or terminate the Contest at any time, without prior notice, without stating the reasons, and without compensation to the Participants or third parties. In such a case, the Organizing Company will mention this on the Website.
If the Organizing Company were forced to prematurely end the Contest, modify it, or stop it due to the inappropriate behavior of one of the Participants, the Organizing Company reserves the right to claim compensation for the damages suffered as a result.
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Article 9 - Communication
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All communication regarding the Contest and the application of the Rules will be conducted exclusively via email at the following email address: marketing@denberkdelice.be. The Organizing Company can never be held responsible for any defects in the IT systems or for the non-functioning or poor performance of the server.
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Article 10 - Acceptance and Application of the Rules
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Participation in the Contest implies the unconditional acceptance of the Rules. No dispute regarding them will be considered.
Complaints concerning the Contest must be submitted in writing within (7) working days after its conclusion to the registered office of the Organizing Company. Complaints can never be handled orally or by telephone. Complaints that are not submitted in a timely manner, not formulated in writing, or whose author cannot be identified by name will not be addressed.
These Rules can be consulted at any time on the website https://www.denberk-delice.be/snackdelice/contest-rules.
The Contest is under the supervision of the Organizing Company. In case of force majeure, unforeseen circumstances, or disputes, the Organizing Company reserves the right to make all necessary decisions to ensure the proper conduct of the Contest. Its decisions are final and cannot be appealed.
The Organizing Company reserves the right to exclude a Participant - and, if applicable, a winner - in the event of a breach of one or more participation conditions or in case of abuse, fraud, or treacherous participation in the Contest.
The Organizing Company may exclude Participants if it is found or suspected that they have attempted to disrupt the legitimate course of the Contest through cheating, piracy, or other fraudulent, misleading, or unfair practices (including generating entries or votes through script, macros, robots, programs, or other automated means). In such cases, the Organizing Company may also exclude the relevant Participants from participating in future actions.
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Article 11 - Applicable Law and Disputes
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Participants undertake to attempt to find an amicable solution with the Organizing Company in case of complaints regarding the application or interpretation of the Contest rules before taking further steps.
If a provision of the Rules is to be deemed void or invalid, the remaining provisions of the Rules shall remain valid. The Organizing Company is entitled to establish one or more replacement provisions that as closely as possible approximate the nature and scope of the void or annulled provision without being void or annulled themselves.
The Rules and the conduct of the Contest itself are subject to Belgian law. In case of a dispute, the Dutch-speaking courts of Brussels shall have exclusive jurisdiction.
