TERMS AND CONDITIONS
Article 1: Promoter
a) The company Del Monte Europe Ltd located 240 London Road Staines Middlesex TW18 4JD organizes a competition named “Spin the Del Monte Fruit Machine ”, hereinafter referred to as “the Promotion”.
Article 2: Notice of the Promotion
a) 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
a) 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.
b) 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 n° SC359459 located 24 Great King St, Edinburgh, EH3 6QN) are ineligible to enter.
c) 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 15/11/2013. Prizes awarded to a minor will be awarded in the name of the parent or legal guardian.
d) Entry is free, without any obligation to purchase.
Article 4: Rules
a) Entrants must spin the Del Monte fruit machine and match the following to be in with a chance of winning:
a. 3 x Del Monte Logos = Entered in to the Alessi Orange Squeezer draw
b. 3 x Del Monte Pineapples = Entered in to the Alessi Fruit Basket draw
c. 3 x Del Monte Bananas = Entered in to the Del Monte Aprons Draw
b) Entrants can participate only once per 24 hours.
Article 5: Duration of the Promotion
a) Promotion commences on 15/11/2013 and closes on 30/11/2013 at 23:59 GMT
Article 6: Definition and value of the prize
a) The first prize consists of one (1) Alessi Orange Squeezer worth £140, which shall be awarded to the winner n°1
The 2nd prize consists of one (1) Alessi Fruit Basket worth £130 which shall be awarded to the winner n°2.
The 25 following prizes are a Del Monte apron worth £ 4.55 which shall be awarded to the 25 runners up.
Together herein referred to as the “Prize”.
b) 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.
c) The Promoter accepts no responsibility for any variation in the Prize value.
d) For each prize mentioned under article 5 a) is a particular draw as described under article 4 a) and for each draw, the corresponding winner will be chosen using a random number generator from all entries received during the entry period and potential winners within such draw. Drawing will be conducted by Mycleveragency, at their office as mentioned in article 3 b), acting independently, whose decisions will be final. The Winners will be notified by email by the Promoter or Mycleveragency, which each entrant irrevocably accepts by participating in the Promotion.
e) The winners will be notified by the Promoter or its partner within 7 days of 30/11/2013; The Prize will be sent directly to the 2 main winners and 25 runners up at the address they had communicated upon completion of the online application form. Without any correspondence from the winners and/or runners up within 14 days following the notification sent by the Promoter or its partner, the Prize will be considered as lost for such winners and / or runners up.
Not more than one (1) prize per winner will be granted for the whole duration of the Promotion. Contestants can enter once per Facebook account. For avoidance of doubt, it is specified that the winner of the 2 main prizes, as described above, shall not receive any Del Monte aprons.
f) 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 7: Modalities and validity of entries
a) To enter, entrants must complete the online application form during the entry period on the Promoter’s Facebook Page as mentioned in Article 2.
b) 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.
c) Any entrant attempting to 'game' the competition will be subject to disqualification
d) The Promoter reserves the right to disqualify a winner and to choose another winner if:
(i) the winner breaches any part of the present Terms and Conditions;
(ii) the Promoter realizes, or has reasonable grounds to suspect, that the entry submitted by the entrant is untrue.
e) In case a winner is disqualified under article 7.d) above, such winner forfeits the Prize as set out in article 6 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 8: Personal Information
a) The winner of the Alessi Orange Squezzer as well as the winner of the Alessi Basket must accept that their name, 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.
b) The winners mentioned under 8 a) will have their likeness featured on the Promoter’s Facebook Application.
c) 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 9: Liability
a) 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.
b) 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 10: Modification and/or interpretation of the Terms and Conditions
a) 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.
b) 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 11: Independence from Facebook
a) 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 12: 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 13: Winners list
The list of the two (2) main winners as well as the 25 runners up will be available on the Promoter’s Facebook Page within 5 days following the closure of the Promotion period.
Article 14: 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.
