Competition rules
Article 1 - Subject
The company Den Berk BVBA (hereinafter “Organizing Company”) with registered office at Berkelaar 10, 2330 Merksplas (KBO: 0885.985.033) organizes a competition via the website www.denberk-delice.be/chef (hereinafter “Website”). the name “Okay Pasta Machine” (hereinafter “Contest”). The Competition will take place between 04/06/2020, 7am to 31/08/2020 11:59pm.
During this period, a savings campaign will be launched in accordance with the current competition rules (hereinafter “Rules”).
The Contest and any promotion related to the Contest are neither administered nor supported by Facebook. The Organizing Company therefore releases Facebook from any responsibility with regard to all elements related to the Contest, its organization and its promotion.
The Competition takes place in Belgium.
Article 2 – Conditions of Participation
In order to enter the Competition (and hereinafter to be qualified as a "Entrant"), the candidate must meet the conditions set out in this article.
Participation in the Competition is allowed for any physical person of legal age who participates individually and in his own name and who is resident in Belgium, with the exception of legal entities and the following persons:
The employees of the Organizing Company;
The commercial promoters, their employees;
Their advisors in the field of publicity and promotion.
Participation in the Contest is restricted to physical persons who manually and personally confirm their participation and take a fair attitude towards the game and the rules of the game.
Participation is by name and personal only, therefore the Participant cannot under any circumstances play through different accounts, under different IDs or pseudonyms or on behalf of other Participants. The Participant may also not play under a false identity or with false personal data, nor use the identity and personal data of a third party, regardless of what means he/she uses.
Article 3 – Course of the Competition
The Competition will be announced by the Organizing Company on the Facebook page “Den Berk Délice”, on the Instagram page “@denberkdelice”.
Participation in the Competition is solely and directly through the Website.
To enter the Contest, the Entrant must carefully follow the following steps:
Surf to the Website between 04/06/2020, 7am to 31/08/2020 11:59pm. (the Belgian date and time of the connection serve as proof)
Enter the code that the Participant found on the card in the packaging on the appropriate page along with his/her contact details.
Save as many codes as possible to increase your chances of winning.
Participation using any program or means other than the program of the Website, as well as the adaptation/manipulation of the latter, is prohibited and will lead to exclusion and, where appropriate, legal prosecution for infringement of copyrights and/or other rights.
It is strictly forbidden to alter or attempt to alter the course of the Contest by any means, in particular to alter the results or any element determining the outcome of the Contest.
The Organizing Company will respect the equality of opportunity of all Participants through all means available, including legal remedies. The Organizing Company will impose sanctions against any Participant who has used unfair practices such as - without an exhaustive list - scripts, software, bots or email addresses or any other process that allows the participation to be automated without physical intervention, or more generally circumventing these Regulations in order to fraudulently increase the chances of winning.
The Organizing Company reserves the right at any time, and without being held responsible, to take any sanction it deems appropriate for preserving the equality of the Participants and in particular the exclusion from the competition of any Participant who would have used or attempted to use any fraudulent process, or canceling the lottery ticket that he might have won.
Article 4 – Determination of the winners
For each participation, one person will be able to register with a unique code and fill in the tiebreaker question. Whoever answers the tiebreaker correctly or is closest wins the match.
Article 5 - Prices
3 pasta machines from Den Berk Délice will be awarded to 3 participants who have answered the tiebreaker correctly or are closest to the correct answer.
Only the winners of the Contest will be notified of their prize by email. If the winner does not reply to this e-mail within 10 working days of receipt of this e-mail, or if the details are not valid, false or incorrect, the right to receive the prize will be permanently lost.
The Organizing Company reserves the right to request proof from any winner to prove his/her identity.
Subject to the verification of the validity of his/her entry, and the confirmation of his/her details, each winner will receive his/her prize within approximately 4 (4) weeks after the end of the game. The prize is in the personal name of the winner, cannot be traded and cannot be exchanged for cash.
Article 6 - Personal data
In the context of administering the Competition, the Organizing Company, as data controller, processes the personal data of the Entrant in accordance with applicable law (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 has been informed that the Organizing Company will process his/her personal data for the purpose of administering the Competition.
In the context of the administration of the Competition, the following data will be processed: acceptance of the Regulations, result of participation in the Competition, date and time of participation, surname, first name and e-mail address.
The Participant agrees that his/her first name and surname may be used in the context of the announcement of the winners on the Facebook page.
The Organizing Company will keep the personal data collected during the period necessary for the administration of the Contest and at the latest as described in the Privacy Policy.
The Organizing Company will not pass on the Participant's personal data to third parties, except if necessary in the context of the Competition or with the prior express consent of the Participant.
The Organizing Company takes all necessary precautions to keep the data confidential. However, the Participant acknowledges that sending this data via the Internet is never without risk.
The Participant has the right to access the data relating to him and may request that they be amended or deleted by contacting the Organizing Company in the manner described in the following link:
https://www.denberk-delice.be/privacy-policy
The Participant also has the right to object to the processing of his/her personal data. His/her participation in the Competition will be canceled if the Participant has his/her data deleted or if the Participant objects to their processing. To assert the rights of the Participant, the Participant should consult the privacy policy available under the following link: https://www.denberk-delice.be/privacy-policy
The Participant consents to all checks regarding his/her identity and data. Any indication of a false or incorrect identity or a false or incorrect address automatically entails exclusion from the participation.
If a Participant should have complaints in connection with the processing of personal data, it is requested to contact the Organizing Company. If a satisfactory solution cannot be found, the Participant can file a complaint with the Belgian data protection authority.
Article 7 - Liability
Except in the case of serious error or intent, neither the Organizing Company, nor its personnel or third parties called upon in the context of the Competition can be held liable for any damage, direct or indirect, of whatever nature, which may arising out of, or in the context of the participation in the Competition, or would arise from its organization, the designation of the winners or the award (or non-award) of the prizes regardless of the cause, origin or its 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 in the Website and/or the mail system and the (temporary) unavailability of the Website. Nor can the Organizing Company be held liable for any incompatibility between the technologies used in the context of this Competition and the configuration of the equipment 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 in case of justifiable necessity, it is caused to shorten, extend, postpone, modify or cancel the Competition. at any time if circumstances require.
Participation in the Contest implies knowledge and express acceptance of the Rules and the conditions for entering the Contest. The prizes and the rights attached to those prizes for the winners are strictly subject to the conditions 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 act by a third party in connection with the Contest. In particular, the Organizing Company is not responsible for delivery times and the receipt or loss of the prize, insofar as its dispatch is observed by a third party company (for example, Bpost).
The use of the prizes made available by the Organizing Company is at the expense and risk of the winners. The Organizing Company cannot be held liable under these Rules or the Contest for the use of the prizes by the winners.
Article 8 – Changes to the contest
The Organizing Company reserves the right to change the organization of the Contest, and to suspend, postpone or terminate the Contest at any time without notice, without stating the reasons and without indemnifying the Entrants or third parties. In such case, the Organizing Company will state this on the Website.
If the Organizing Company is forced to prematurely end the Contest, modify or discontinue the Contest due to the inappropriate conduct of one of the Entrants, the Organizing Company reserves the right to claim damage suffered as a result.
Article 9 – Communication
All communication about the Contest and the application of the Regulations will only take place by e-mail to the following e-mail address marketing@denberk.be. The Organizing Company can never be held responsible for any defects in the IT systems or for the failure or malfunction of the server.
Article 10 – Acceptance and application of the Regulations
Participation in the Competition implies unconditional acceptance of the Rules. No dispute of it will be considered.
Complaints regarding the Competition must be made in writing to the registered office of the Organizing Company within (7) working days of its end. Complaints can never be handled verbally or by telephone. Complaints that are not submitted on time, are not formulated in writing or of which the author cannot be identified by name, will not be treated.
These Regulations can be consulted at all times on the site: https://www.denberk-delice.com/contest rules.
The Competition is controlled by the Organizing Company. In the event of force majeure, unforeseen circumstances or in the event of a dispute, the Organizing Company may take all necessary decisions to ensure the smooth running of the Competition. Its decisions are sovereign and not subject to appeal.
The Organizing Company reserves the right to exclude a Participant – and if applicable a winner – for breach of one or more entry conditions or for abuse, fraud or treasonous participation in the Contest.
The Organizing Company may exclude Entrants if it is determined or suspected that they have attempted to damage the legitimate conduct of the Contest through cheating, piracy or other fraudulent, deceptive or unfair practices (including generating entries or votes by script, macro, robots, programs or other automated means). In such cases, the Organizing Company may also exclude the concerned Participants from participating in future promotions.
Article 11 – Applicable law and disputes
In the event of complaints regarding the application or interpretation of the Competition, the Participants undertake to first try to find an amicable solution with the Organizing Company before taking any other steps.
If a provision of the Regulations is to be regarded as null or void, the other provisions of the Regulations will remain valid. The Organizing Company is entitled to adopt one or more replacement provisions that approximate as closely as possible the nature and intent of the void or voided provision without being void or voidable themselves.
The Regulations and the conduct of the Competition itself are subject to Belgian law. In the event of a dispute, the Dutch-speaking courts of Brussels have exclusive jurisdiction.