Article 1: Promoter
The company Del Monte Europe Ltd located 240 London Road Staines Middlesex TW18 4JD organizes a competition named “Spot the difference”, hereinafter referred to as “the Promotion”.
Article 2: Notice of the Promotion
The Promotion and the Terms and Conditions will be available on the Promoter’s Facebook Fan page at:
https://facebook.com/delmonteeurope
Article 3: Entry
Information on how to enter and prizes form part of these Terms and Conditions. Participation in the Promotion is deemed acceptance of these Terms and Conditions. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the Terms and Conditions, the Terms and Conditions shall prevail, govern and control.
Employees of the Promoter, its affiliates, suppliers, distributors and their immediate families as well as the partner agency associated with the Promotion (namely, the Company Mycleveragency a company registered in Scotland under no SC359459 located 24 Great King St, Edinburgh, EH3 6QN) are ineligible to enter.
The Promotion is opened only to residents belonging to the European Union countries (except Italy), Monaco, Norway and Switzerland, who are 16 of age or older as of 01/11/2013. Prizes awarded to a minor will be awarded in the name of the parent or legal guardian.
Entry is free, without any obligation to purchase.
Article 4: Duration of the Promotion
Promotion commences on 01/11/2013 and closes on 14/11/2013 at 23:59 GMT
Article 5: Definition and value of the prize
The winner's prize consists of one of three KitchenAid Blenders worth around £165 each.
herein referred to as the “Prize”.
The Prize must be taken as offered. The Prize, or any unused portion of the Prize, is not transferable or exchangeable (against its value in cash or against any other prize). In the event that the Prize is not available, the Promoter reserves the right to substitute it in its sole discretion to the same and equal recommended retail value and/or specification.
The Promoter accepts no responsibility for any variation in the Prize value.
The Prize’s winner (“the Winner”) will be chosen using a random number generator from all entries received during the entry period. Drawing will be conducted by Mycleveragency, at their office as mentioned in article 3 b), acting independently, whose decisions will be final. The Winner will be notified by email by the Promoter, which each entrant irrevocably accepts by participating in the Promotion.
The Winner will be notified by the Promoter within 7 days as from 14/11/2013. The Prize will be sent directly to the Winner at the address he/she had communicated upon completion of the online application form. Without any correspondence from the Winner within 20 days following the notification sent by the Promoter or its partner, the Prize will be considered as lost for such Winner.
It is a condition of taking any prize that a winning entrant may be required to sign a legal release in a form determined by the Promoter.
Article 6: Modalities and validity of entries
To enter, entrants must complete the online application form during the entry period on the Promoter’s Facebook Page as mentioned in Article 2.
The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process or who submits an entry that is not in accordance with these Terms and Conditions. Incomplete entries will be deemed invalid.
Any entrant attempting to 'game' the competition will be subject to disqualification
The Promoter reserves the right to disqualify the Winner and to choose another winner if:
the Winner breaches any part of the present Terms and Conditions;
the Promoter realizes, or has reasonable grounds to suspect, that the entry submitted by the entrant is untrue.
In case the Winner is disqualified under article 6 d) above, the Winner forfeits the Prize as set out in article 5 a) above and shall not be entitled to any compensation from or further liability of the Promoter.
Any attempt by any person to deliberately undermine the legitimate operation of the Promotion maybe a violation of criminal and civil law, and should such attempt be made, the Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law.
Article 7: Personal Information
The Winner must accept that his/her name, his/her Facebook profile picture and/or likeness may be announced in the Promoter’s literature or on the Promoter’s website for publicity or advertising purposes without additional compensation, except where prohibited by law.
The Winner will have his/her likeness featured on the Promoter’s Facebook Application.
By entering the Promotion, each entrant consents to the information they submit, being entered into a database and the Promoter may use this information in any media for future promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant. All personal details of the entrants will be stored at the office of the Promoter and/or its partner as indicated above. A request to access, update or correct any information should be directed to such offices.
Article 8: Liability
It is expressly stated that the Internet is not a secured network. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees, agents and affiliates) excludes all liability (including negligence), for any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoters control); (b) any theft, unauthorized access or third party interference; (c) any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; and/or (f) use of Prize.
By entering the Promotion, any entrant hereby represents and warrants that he/she has read these Terms and Conditions and is fully familiar with its content.
Article 9: Modification and/or interpretation of the Terms and Conditions
If the Promotion 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 the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law a) to disqualify any entrant or b) to modify, suspend, terminate or cancel the Promotion as appropriate c) replace an entrant with an alternative entry in the case of disqualification.
The Promoter will settle, in its sole discretion, any question relating to the application of the Terms and Conditions or any question that may arise, unresolved by the latter. These settlement decisions will be final.
Article 10: Independence from Facebook
The Promoter is in no way sponsored, endorsed or administered by, or associated with, Facebook. By accepting these terms and conditions each entrant fully releases Facebook from any liability arising from, or connected to, the Promotion. All data collected during the submission stage of the competition is the property of the Promoter, not Facebook.
Article 11: Mailing address of the Promotion
The Mailing Address of the Promotion is:
Del Monte Europe Ltd
C/o Del Monte International GmbH
Marketing Department
74, Bd d’Italie - 98000 Monaco
Article 12: Winners list
The name of the Winner will be available on the Promoter’s Facebook Page within 5 days following the closure of the Promotion period.
Article 13: Governing law and Jurisdiction
The Promotion and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales and any entrant irrevocably agrees that the courts of London shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Promotion or its subject matter or formation.
