Endless Ocean competition – Terms & Conditions
“CHEERS TO THE OCEAN” BEACH CLEANUP
WITH FRIENDS OF GLASS
These contest rules (hereinafter the “Contest Rules”) are available on the website www.friendsofglass.com. The prior approval of these Contest Rules is a precondition to participation to the “Cheers To The Ocean Beach Cleanup” competition (hereinafter the “Contest”). These Contest Rules contain important information and should be read carefully.
By participating to the Contest, each Participant agrees to be bound by these Contest Rules.
Article 1 – PURPOSE
1.1. The Contest is organised by the International non-profit association THE EUROPEAN CONTAINER GLASS FEDERATION (hereinafter “FEVE” or “the Organiser”), headquartered at Avenue Louise 89, box 4, Ixelles 1050, Belgium, and registered with the Belgian Crossroads Bank for Enterprises under the number 0417.651.811.
1.2. As part of this Contest, Twitter acts only as an intermediary and it is not the technical organiser or sponsor of the Contest.
1.3. The Contest covers 5 countries (hereinafter “Countries”): United Kingdom, France, Germany, Italy and Spain.
1.4. Possible questions or complaints with respect to the Contest can be notified to the Organiser by sending an email to the following address: email@example.com
1.5. Participation in the Contest is free of charge and there is no obligation to purchase.
1.6. The Contest begins on 1 December 2018 at 00:00 and ends on 15 January 2019 at 23:59 (hereinafter the “Contest Period“).
Article 2 – CONDITIONS OF PARTICIPATION
2.1. Participation in the Contest is permitted to any person over the age of 18, participating in a personal capacity and officially resident in one of the five countries covered by the Contest, during the Contest Period, excluding the following:
- people who have a direct or indirect legal link (staff members, employees, etc.) with the Organiser or any of the companies involved in the organisation or distribution of the Contest, including their commercial sponsors and advertising and promotional agencies;
- the close family members of those listed above (parent and child, spouses, siblings).
A participant meeting the above requirements is considered a “Participant” to this Contest.
2.2 The Contest will be running across the following Friends of Glass Twitter-pages in their respective markets:
- Friends of Glass UK – https://twitter.com/FriendsGlassUK
- Friends of Glass Spain – https://twitter.com/FriendsGlassES
- Friends of Glass Italy – https://twitter.com/FriendsGlassIT
- Friends of Glass Germany – https://twitter.com/FriendsGlassDE
- Friends of Glass France – https://twitter.com/FriendsGlassFR
- Friends of Glass Global page – https://twitter.com/FriendsofGlass
2.3. In the event of a participation and a gain by a minor, despite the prohibition in article 2.1, the Organiser reserves the right, in its sole discretion, to award the Prize to one of the parents or legal guardians, to assign it to another Participant, to put it back into play or to use it for any other purpose it deems appropriate.
2.4. Participation in the Contest is possible only through Twitter, and entries on different platforms or formats will not be taken into consideration.
2.5. Participants will be required to speak English, or at least have a good understanding of the English language, as this will be the language used for the awarding of the prize.
2.6. The Organiser shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Friends of Glass reserves the right at any time to disqualify a finalist and/or winner if they are found to be in breach of any of the Contest Rules.
Article 3 – MODALITIES OF PARTICIPATION AND DETERMINATION OF WINNERS
3.1. Participation will require Participants to post a picture on their Twitter account, representing their love for the ocean. The picture will have to include glass, and the post has to include a caption motivating their interest in participating to the Contest. The caption will have to include one of the following hashtags, depending on the country the Participant is residing in.
3.2. Submissions must be received before the end of the Contest Period. Submissions will be declared invalid if they are late, illegible, incomplete, damaged, irregular, forged, or garbled.
3.3. One person per country will be selected as winner, for a total of five winners. The winner identification is at the discretion of the Organiser of the Contest and/or its agents, and based on the submissions provided by the Participants, including an assessment of the picture and caption submitted.
3.4. No communication or correspondence will be exchanged with Participants, except with the winners. All winners will be notified by direct message to their social media account used to enter the competition and/or via email within 28 calendar days of the closing date of the Contest.
3.5. Any fraud, attempted fraud, abuse, attempted abuse disorder, in relation to the proper conduct of the Contest or non-compliance with these Contest Rules will result in automatic disqualification of the Participant, without notice, without prejudice to legal action on the part of the Organiser. The Organiser will not be held liable in these cases.
3.6. All costs of participation in the Contest (including the internet, telephone, computer, etc.) are the sole responsibility of the Participant. Participants may not in any case require the Organiser to cover the costs of their participation in the Contest.
Article 4 – PRIZE
4.1. The winners, determined in accordance with Article 3, win a “Prize“.
4.2. The Prize is composed of the following elements (listed exhaustively):
- An all-expenses-paid trip to Biarritz, France, covering travel costs (economy class) and standard accommodation (for one person, as chosen by the organiser);
- an organised Beach Clean-up session;
- a group surf initiation session (or equivalent outdoor activity);
- a lunch or dinner by the beach.
The Organiser reserves the right to substitute the Prize with a prize of comparable value if the Prize (or any portion thereof) cannot be awarded for any reason.
4.3. An individual Participant may only win one Prize. In addition, only a single Prize can be awarded per family residing at the same address.
4.4. The Prize must be accepted as awarded and is not transferable or exchangeable by the winners, including against their cash value or against other assets, except with the express consent of the Organiser. The Prize is moreover personal and non-transferable. The winners are not allowed to sell, put in sale or to use the Prize for commercial or advertising purposes (including placing it on an online auction website).
4.5. Besides the Prize referred to in Article 4.1., no other rights will be conferred to the winners.
4.6. The winners must reply to the notification within five (5) calendar days of the direct message or e-mail informing them of the gain in order to claim the Prize. The date and delivery address of the Prize shall be communicated by email or phone. The Organiser cannot be held responsible for any delay, loss, theft or damage to the Prize upon delivery.
4.7. Winners are themselves responsible for the use they make of their Prize. The Organiser makes no warranty as to the usefulness, quality or timeliness of the Prize involved, for any purpose whatsoever. The Organiser cannot be held liable for damages that are directly or indirectly caused by the Prize.
4.8. In case of the winner’s refusal or failure to respond within five (5) calendar days of the direct message or e-mail informing him/her of the gain, the Organiser reserves the right to reallocate the Prize, put it back into play or organise any additional action it deems appropriate.
Article 5 – PROTECTION OF PERSONAL DATA
5.1. By participating to the Contest, the Participants acknowledge that the personal data provided when registering for the Contest are collected and processed by the Organiser as “data controller”. This processing of personal data takes place in accordance with the applicable data protection legislation, including the EU General Data Protection Regulation 2016/679 (“GDPR”), as well as any national laws implementing and supplementing the GDPR.
5.2. The Organiser will in particular process the following personal data of Participants, as provided by Participants:
- Personal identification data and personal characteristics such as: name, address, gender, telephone number and e-mail address;
- Social media information as provided on the Participant’s public profile; and
- Content submitted as part of the Contest.
(together the “Personal Data”).
5.3. The Personal Data of Participants shall be processed for the purpose of managing the Contest and for publicity and news purposes relating to the Contest. This processing activity is based on the legitimate interest of the Organiser to organise and make publicity for such Contest. The Personal Data will only be retained as long as necessary for such purposes, and in any case for maximum 24 months after the end of the Contest.
5.4. The Personal Data will not be transmitted to any third parties for commercial reasons without the prior consent of the data subject. They can be communicated however to any natural person or organisation that has a direct relationship with the Organiser and to other services or entities connected to the Organiser in the framework of a possible subcontracting of the data processing for the objectives of the present Contest (these data processors will all be located within the European Economic Area).
5.5. Where a Participant has expressly consented to receiving electronic direct marketing communications from the Organiser, his/her Personal Data will also be processed for that purpose, until he/she unsubscribes again.
5.6. Participants have the right to oppose to the processing of Personal Data for direct marketing purposes at no expense and at any time. In addition, Participants have the right to request access and, where appropriate, the correction or deletion of any (erroneous) data, restriction of the processing or data portability, insofar as the relevant legal criteria to exercise such rights apply (see articles 15-22 of the GDPR for more information), and if proof of identity is provided. In order to do this, he / she must notify this via the relevant contact form.
Article 6 – IMAGE RIGHTS
6.1. Whenever pictures are submitted by a Participant, these pictures may not contain images of recognisable third parties (with the exception of pictures of a crowd) or contain any other personal data of any identifiable third party, unless the Participant has a proof that such person(s) has/have given his/her/their explicit prior consent to this purpose.
6.2. When submitting pictures, the Participant moreover guarantees that he/she is the sole author of the submitted pictures and/or the exclusive holder of all rights (including copyrights) to the submitted pictures.
6.3. By submitting pictures, the Participant grants the Organiser with a free-of-charge license (for the entire duration of copyright protection) to use these pictures for the purposes of this Contest (including for publicity and news purposes relating to the Contest) and consents to the Organiser using the uploaded pictures on the Organiser’s website(s), social media pages and/or for the Organiser’s promotional campaigns.
6.4. The Participant also allows the Organiser to delete, shorten or amend the submitted caption and pictures.
6.5. The Participant can withdraw his/her consent at any time for future use. In addition, the Participant may at any time request the deletion of his/her pictures from the Organiser’s database(s), insofar as they would contain personal data. Both requests as well as any question in this respect can be addressed to Michael Delle Selve (firstname.lastname@example.org)
6.6. The Participant shall fully indemnify the Organiser for all possible consequences if:
- the submitted pictures do not comply with the requirements of the Contest Rules;
- the Participant is not the holder of the copyright to the submitted pictures; and/or
- the submitted pictures would in any other way be infringing upon the rights (including copyright) of third parties.
Article 7 – COOKIES AND ENCRYPTION
- If the user browses the Internet with Internet Explorer 5 (Microsoft): Click “Tools”, “Internet Options”, “security”, “customize the level of security.” In “cookies”, choose “ask” or “off” for both options.
- If the user browses the Internet with Navigator Gold 3 (Netscape): Click “Options”, “network preferences”, “protocols”. Among the various warnings that the user can activate, the first is entitled ‘warning before accepting a cookie. “The user will then be warned of the arrival of a “cookie” and will oppose it undertook its browser.
- If the user browses the Internet Communicator (Netscape): Click “edit”, “preferences” and turn on “advanced” highlighted. Select the desired option.
Please note, however, that when you disable certain cookies of which the website is making use, the possibility exists that certain parts of the website will no longer function properly and you will no longer enjoy an optimal user experience.
Article 8 – LIABILITY
8.1. The Organiser reserves the right to modify the organisation of the Contest, and to suspend or terminate the Contest at any time without notice in case of force majeure or other exceptional event beyond its control, including in the event of Internet network failure, of any other problem connected with the telecommunication networks, computers, Internet providers and servers, and without the Participants or any other person being able to claim damages.
8.2. Subject to their intent or gross negligence, neither the Organiser nor its staff or third parties who are called in the Contest can be held liable for any damages of any nature whatsoever which may result from the organisation of this Contest, from the winner designation or from the awarding of the Prize. In addition, the aforementioned parties cannot be held liable because of the changes, suspensions and cancellations mentioned in article 8.1.
8.3. The Organiser cannot be held liable for lost, late, unintelligible, illegible, falsified, damaged, misdirected and/or incomplete entries, notifications and/or replies.
8.4. Participation in the Contest implies knowledge and acceptance of the characteristics and limitations of the Internet, particularly with regard to technical services, the risk of interruptions and, more generally, the risks inherent in any communication and data transfer by means of the Internet, the lack of protection of certain data against possible detours, and the risk of contamination by certain viruses on the network.
Therefore, and in accordance with the preceding paragraph, the Organiser cannot be held responsible in particular for:
- Errors or incorrect completion of the data requested in the entry form;
- Internet transmissions;
- Malfunction of the Internet and / or the software used;
- The effects of viruses, bugs, anomalies, technical defects, tampering, fraud, unauthorised intervention, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest;
- Any defects: computer, online, hardware and software, telephone or technical malfunctions of any kind.
The Organiser cannot be held responsible for any incompatibility between the technologies used for the Contest and the hardware and / or software configuration used by the Participant.
8.5. No typo, misprint or layout or other similar error can constitute a ground to receive compensation from the Organiser.
8.6. Where the Prize is sent by mail to the winners, the Organiser cannot be held liable for acts or omissions committed by the mail or postal service.
8.7. If the Organiser is forced to end the Contest prematurely due to the improper behaviour of a Participant, the Organiser is entitled to claim a compensation for the suffered damages.
8.8. Participants are exclusively responsible for the potential non-compliance with the conditions of use of Twitter. By approving the present Contest Rules, the Participant holds the Organiser harmless for each form of liability in this respect.
Article 9- AMENDMENTS TO THE RULES
9.1. The Organiser reserves the right to extend the Contest or to amend and /or modify the Contest Rules at its sole discretion at any time without reason or notice, even during the Contest Period. These changes will apply with immediate effect from the moment of publication on the website www.friendsofglass.com. By participating in the Contest, each Participant is automatically bound by the amendments to these Contest Rules. The Organiser recommends that Participants consult these regularly.
9.2. All communications to Participants and all information about the Contest on the website will be considered an integral part of these Contest Rules.
Article 10 – SEVERABILITY
If any (part of any) provision of these Contest Rules is declared illegal, invalid or unenforceable under applicable law, that (part of the) provision will not be part of these Contest Rules. The legality, validity and binding effect of other provisions of these Contest Rules shall remain unaffected.
Article 11 – WAIVER
No failure to exercise or delay in exercising any right or remedy under the agreement by the Organiser shall constitute a waiver thereof and no waiver by the Organiser of any breach or non-fulfilment by the Participant of any provision of these Contest Rules shall be deemed to be a waiver of any subsequent or other breach of that or any other provision hereof. No single or partial exercise of any right or remedy under the agreement by the Organiser shall preclude or restrict the further exercise of any such right or remedy.
Article 12 – APPLICABLE LAW AND LITIGATION
12.1. Participants engaged in a case discussion concerning the application or the interpretation of these Contest Rules are asked to first seek a friendly solution with the Organiser before commencing legal proceedings.
12.2. These Contest Rules and the operation of the Contest itself, and its interpretation are governed by and construed in accordance with Belgian law, excluding conflicts of law provisions. In case of dispute, only the courts of Brussels have jurisdiction, without prejudice to consumers’ right to have the proceedings brought before a court of their place of residence.
Article 13 – CONTACT
Any complaint or question concerning the Contest or these Contest Rules may be submitted in writing, by sending a letter to Michael Delle Selve, Avenue Louise 89, box 4, Ixelles 1050, Belgium or an e-mail to email@example.com.