Win an Absinthe Kuni table lamp
CLAUSE 1 - ORGANISATION
1.1. The company C.V.B.A. DE MEUTTER PAUL ELEKTRICITEIT having its registered office at Industriepark 13B, 2220 Heist-op-den-Berg, registered with the CBE under number 0436.220.678 and with VAT number BE0436.220.678 (hereinafter referred to as: "Organiser") will be organising a Competition (hereinafter referred to as: "Competition") (without any purchase obligation) from 00:00:00 CEST on 17 June 2019 to 23:59:59 CEST on 20 June 2019 (hereinafter referred to as: "Campaign Period").
1.2. This Competition will be announced on the Organiser's Facebook page and its other online channels.
CLAUSE 2 – GENERAL PROVISIONS RELATING TO THE COURSE OF THE COMPETITION
2.1. Participation in the Competition implies full knowledge and irrevocable as well as unreserved acceptance of the Competition Rules.
2.2. The Competition Rules are available on the dmlights.com website at URL https://www.dmlights.com/en/rules-absinthe-kuni.l and on simple request.
2.3. The Organiser reserves the right to amend the Rules at any time at its sole discretion, without notice and without the need to provide any justification for its decision. Such amendments shall apply to each participant. No printing errors or typographical errors can give rise to compensation or any obligation on the part of the Organiser.
2.4. By participating in this Competition, participants unconditionally and unreservedly accept each and every clause contained in these Rules and any possible decision to be taken by the Organiser in connection with this Competition. The Organiser shall have the right to decide on all situations not expressly provided for in these Rules.
2.5. Any complaint concerning this Competition must be sent directly to: C.V.B.A. DE MEUTTER PAUL ELEKTRICITEIT - Competition: "Win an Absinthe Kuni table lamp" - Industriepark 13B, 2220 Heist-op-den-Berg or via the contact page of the Organiser’s website.
CLAUSE 3 – PARTICIPATION IN THE COMPETITION
3.1. Entry to the Competition
The Competition is open to all natural persons who have reached the age of at least 18 years at the time of participation. A minor can only participate in the Competition if he has the permission of his legal representative.
One participant may only participate in the competition once, namely with his unique personal data. In case of multiple entries to the competition by one person, only the first entry shall be taken into account.
The following persons are excluded from participation in the Competition:
- persons who have a direct or indirect (legal) relationship with the Organiser, or with one of the companies involved in the organisation or promotion of the Competition, in particular communication, advertising and marketing agencies;
- the family members of the aforementioned persons (including partners, spouses, siblings, and children).
The participant need not have made a purchase from the Organiser or one of its sales outlets.
Incomplete or incorrectly completed application forms shall be considered invalid.
The Competition is in no way sponsored, approved or managed by Facebook or associated with Facebook.
3.2. Methods for participation
Participation in the Competition shall be exclusively by electronic means via the Organiser's Facebook page. Any attempt to participate by telephone, fax, post, e-mail or any other means shall not be taken into account.
The person who, during the Campaign Period, completes the online registration form on the Organiser’s Facebook page completely and correctly shall be a participant in this Competition.
The participant to the Competition must then:
- Browse to https://www.facebook.com/dmlights/posts/354252815196339
- Answer the main question: How does the Absinthe Kuni distinguish itself from other table lamps?
- Answer the tiebreaker question: ‘How many valid entries will have been received at the end of this Competition, which is from 00:00:00 CEST on 17 June 2019 to 23:59:59 CEST on 20 June 2019?
- Please enter your personal details (surname, first name and e-mail address)
- Acceptance of these Rules
- Send participation
There are no costs associated with participation, but each participant shall bear the cost of internet connection. Under no circumstances can the costs of your participation be recovered from the Organiser.
3.3. Duration of the Competition
The Competition runs from 00:00:00 CEST on 17 June 2019 to 23:59:59 CEST on 20 June 2019.
The date and time of receipt of the electronic entry form by the Organiser shall be decisive for participation. Only entries received by the Organiser prior to the end of the aforementioned Competition Period shall be considered. Under no circumstances can the Organiser be held liable for the late receipt of the entry form for any reason whatsoever (including but not limited to technical reasons).
3.4. Validity of the participation
You are only permitted to participate in your own name and on your own account. Under no circumstances may participation be made under a pseudonym or in the name and/or on behalf of one or more third parties.
The participant guarantees that all information provided by him is correct, up-to-date and complete. The Organiser is not responsible if the participant provides incorrect, outdated or incomplete information.
The Organiser reserves the right to exclude a participant from the Competition and/or other current and future Competitions immediately or at a later date, and to obtain the refund of any prize that the participant may already have received as a result of participating in the current Competition, in case of:
- incompleteness, incorrectness or forgery of the personal or other data provided;
- any violation of these Rules;
- any (attempted) fraud.
Any organised and/or collective participation (automated or otherwise) in the Competition shall be considered fraudulent, as well as any (attempted) modification of the provisions of the Competition, by any process (automated or otherwise), with the aim of influencing the result and the nomination of the winner, and shall therefore automatically lead to exclusion.
The results of the Competition cannot be challenged. No correspondence can be entered into regarding the results of the Competition (either by letter, by e-mail, or by telephone).
CLAUSE 4 – PRIZE AND ALLOCATION
4.1. The prize
Participants in the Competition can win the following prize:
5 x Absinthe Kuni table lamp (AB 32004-01-HW) for the 5 winners of the Competition (1 per winner).
The prize shall be accepted by the winner as awarded, and cannot be disputed and shall not be refunded or exchanged under any circumstances.
Insofar as Dutch participants are required to pay and/or declare betting and gaming tax, they shall be responsible for paying it.
The Organiser reserves the right to convert the prizes into a prize of similar value and, with similar characteristics, as far as possible. A prize is indivisible and must be accepted as awarded.
The prize is non-transferable and cannot be challenged at any time, whether in whole or in part, or be converted into money, or exchanged or replaced, for any reason whatsoever.
The Organiser offers no guarantee of any kind relating to any Prize or its usability, suitability or availability for any purpose whatsoever. The Organiser cannot be held liable for any accidents or damage that directly or indirectly arise due to winning a Prize.
4.2. Allocation of the Prize
The 5 participants who, during the Campaign Period correctly answer the question “How does the Absinthe Kuni distinguish itself from other table lamps?”, and approximate as closely as possible to the correct answer to the tiebreaker question "How many valid entries will have been received at the end of this Competition, which is from 00:00:00 CEST on 17 June 2019 to 23:59:59 CEST on 20 June 2019" shall be chosen as the winners.
In case of a tie, the winner shall be the participant who sent in the correct answer first.
To give you a rough idea of the number of participants, you should know that in a similar Competition launched on 27 May 2019, there were 860 valid entries. Of course, this is not an accurate indicator of the number of participants in this Competition. Therefore, the Organiser cannot be held liable if this number is not actually realised.
The 5 final winners shall be notified by e-mail on 25 June 2019 at the latest. The Organiser shall contact the winners by e-mail using the e-mail address provided on the electronic participation form. The identity of the winners shall be announced in the Organiser's newsletter.
The winner must confirm his acceptance of the prize within 14 days of receipt of the aforementioned e-mail, in accordance with the instructions given in such e-mail. If confirmation of acceptance is not received as per the instructions and/or within the aforementioned period, the winner shall lose any claim to his prize and the Organiser reserves the right to reallocate this prize by nominating a new winner.
The prize shall then be sent to the winners.
The non-acceptance of the prize, for whatever reason, shall not in any way lead to the award of any financial or other equivalent counter-value.
Only Winners shall be personally notified.
CLAUSE 5 – PROCESSING OF PERSONAL DATA
5.1. Respect for privacy legislation
As part of their participation in the Competition, participants are required to provide the Organiser with certain personal data, namely, surname, first name and e-mail address, via the Organiser's Facebook page. The Organiser and Facebook are both responsible for the processing of these personal data.
The Organiser undertakes to treat and process these data in accordance with the provisions of the European General Data Protection Regulation 2016/679 of 27 April 2016 (hereinafter referred to as: "GDPR"), the related national legislation, the provisions concerning cookies and direct marketing in the Telecommunications Act 2005 and Book XII of the Economic Law Code, respectively (hereinafter referred to as the: "Privacy Law" in general).
5.2. Purpose and legal basis of the processing
The participant agrees that his personal data may be processed by the Organiser:
- in order to ensure that the participation in the Competition is properly managed;
- to inform the participant about the course of the Competition and, if applicable, about the prize he has won;
- for research and statistical purposes.
The processing of your personal data is based both on consent (Article 6.1(a) of the GDPR) and on the conclusion of an agreement (Article 6.1(b) of the GDPR). Your data shall be retained for as long as the Competition is ongoing and the prizes have been awarded. The data is then retained for another year for reporting and publication of winners.
If the participant agrees, his data shall also be processed to send him newsletters. This is a form of direct marketing. This processing of your contact details is based on your consent (Article 6.1(a) of the GDPR). Your contact details shall be included in a database of prospects to which we regularly address newsletters, and shall be retained and processed until you as the data subject, decide to unsubscribe from the database.
No profiling or any form of automated decision making shall be applied in respect of your personal data provided in connection with this Competition.
5.3. Special permission for publication of certain personal data of the winner
Through his mere participation in the Competition, each participant grants the Organiser unconditional permission to publish his surname and first name in order to identify him as the winner of the Competition in any medium.
5.4. Your Rights
Every participant has the right to consult the processed personal data at any time, but also to obtain information about it, to rectify, modify, limit and delete the data.
Each participant also has the right to revoke the consent granted, without such revocation affecting the lawfulness of the processing prior to the revocation. In addition, any participant may object to further processing of personal data. In the case of direct marketing, such as the sending of newsletters, the participant can exercise his right to object at any time, free of charge and without assigning any reason.
Please note, however, that failure to process your personal data may have consequences for your further participation.
Finally, each participant has the right to freely transfer data to third parties or to themselves in a structured, commonly used and machine-readable form.
5.5. Transfer of data
The Organiser shall only use all personal data collected in connection with the Competition in accordance with the principles and modalities laid down in the present Clause 5. The processed data shall not be transferred to third parties.
In case of total or partial reorganisation or transfer of the activities of the Organiser, or if the Organiser goes bankrupt, this may imply that your data shall be transferred to new entities or third parties through which the activities of the Organiser shall be carried out in whole or in part. The Organiser may also be instructed under a court, administrative or other legal order to provide your personal data to the government. The Organiser shall then make reasonable endeavours to notify you in advance, but you also acknowledge that this is not technically or commercially feasible under all circumstances. The Organiser shall not sell, rent, distribute or otherwise make your personal data commercially available to third parties except as described above or with your prior consent.
Finally, we have taken all reasonable organisational and technical measures to adequately safeguard your personal data and their confidential nature. Your personal data have only been made accessible to internal and external employees for whom it is absolutely essential to have access to them.
5.7. Exercise of rights and complaints
If you wish to exercise your rights, we invite you to contact the Organiser, either by post at the above address or by e-mail to: email@example.com. We hereby request you to send us a scan of the back side of your identity card, in which your card number, nationality and birth details have been rendered illegible.
If you have any other questions, comments or complaints, please send an e-mail to: firstname.lastname@example.org.
If you believe that we have violated your rights, you have the legally guaranteed right as a data subject to file a complaint with the Data Protection Authority of your choice. For Belgium, this is:
Data Protection Authority
Tel +32 (0)2 274 48 00
Fax +32 (0)2 274 48 35
CLAUSE 6 – DISQUALIFICATION, SUSPENSION OR CANCELLATION
Any breach of the Competition Rules or any attempt at fraud shall disqualify the Participant. The Organiser can disqualify a Participant when there are clear and reasonable grounds to suspect a breach of the Competition Rules. Disqualified Participants shall be immediately and permanently excluded and may no longer participate in the Competition. In all cases, the decisions of the Organiser are final and cannot be appealed.
6.2. Force majeure:
The Organiser retains the right to curtail, suspend, amend or cancel the Competition if events outside its scope of control occur or in case of force majeure that renders impossible the completion of the Competition in accordance with the Competition Rules, including poor Internet performance or any other telecommunication network problem, computer or servers, Internet providers, information systems or computer software.
The Organiser retains the right to curtail, suspend or extend, or to make changes to the participation terms and conditions, the prizes or any other modality at any time and at its own discretion, even in non-force majeure situations and without the Participants obtaining any right of recourse in relation to the Organiser based on aforementioned actions.
CLAUSE 7 – LIABILITY
7.1. The Organiser reserves the right to claim compensation for the damages suffered in case the Competition is terminated due to the conduct of any of the Participants.
7.2. Except in cases of gross or wilful misconduct, neither the Organiser, nor its personnel, nor any third party engaged by it for the organisation of the Competition, can be held liable for any damages of any kind that may arise as a result of participation in or of the organisation of the Competition, the nomination of the Winners, and the awarding of the Prizes or the failure to do so. The liability of the parties specified in this sub-clause cannot be increased under any circumstances whatsoever on the grounds of any amendment, suspension, or termination of the Competition, as stipulated in the previous sub-clause.
7.3. Printing, spelling, typographic or other errors cannot be invoked as grounds for any liability whatsoever on the part of the Organiser.
CLAUSE 8 - VALIDITY & ENFORCEABILITY OF THE RULES
If one or more provisions of these regulations prove to be invalid or unenforceable, the other clauses shall remain in full force and effect.
CLAUSE 9 – APPLICABLE LAW AND JURISDICTION
9.1. The current Competition Rules, as well as the course of the Competition itself, are subject to the laws of Belgium. The Courts having jurisdiction over the location in which the Organiser's registered office is situated shall have jurisdiction to hear disputes concerning the establishment, validity, execution, compliance and interpretation of these Competition Rules.
9.2. As far as participants domiciled in the Netherlands are concerned, these rules have been drawn up in accordance with the Code of Conduct for Promotional Games of Chance.
9.3. In the event of a dispute concerning the application or interpretation of the Competition Rules, the Customer undertakes to first seek an amicable settlement in consultation with the Organiser before commencing any legal proceedings.
9.4. Any complaint concerning this Competition must be sent directly to: C.V.B.A. DE MEUTTER PAUL ELEKTRICITEIT - Competition: "Win an Absinthe Kuni table lamp" - Industriepark 13B, 2220 Heist-op-den-Berg or via the contact page of the Organiser’s website.