Del Monte Pineapple Shoot - competition terms & conditions
I. Introduction
The promoter and operator of the Del Monte Summer App (the ‘Promotion') is Del Monte International GmbH with its representative office located 74 boulevard d'Italie, MC 98000 MONACO (the 'Promoter').
The Promotion is subject to the following terms and conditions, including any information or instructions published by the Promoter about the Promotion on www.delmonteeurope.com or www.facebook.com/delmonteeurope , that may complete or amend the Promotion rules, (collectively, the ‘Terms and Conditions')
1. All participants to the Promotion (the "Participants") confirm that they have read the Terms and Conditions carefully before taking part. By entering the Promotion, Participants acknowledge and confirm their complete acceptance and full understanding of the Terms and Conditions. Participants are required to adhere to the Terms and Conditions.
2. The Promoter reserves the right to amend, delete or add to the Terms and Conditions at any time without notice. Any changes will be posted on the Del Monte Europe website, at www.delmonteeurope.com or via Facebook at www.facebook.com/delmonteeurope. It is the responsibility of Participants to keep themselves informed as to any changes to the Terms and Conditions.
3. The Promoter reserves the right to amend, suspend or terminate the Promotion at any time at its absolute discretion in which case, the Promoter may elect not to award any Prize. Such amendment, suspension or termination will not give rise to any claim by the Participants. Should the Promotion be resumed by the Promoter, the Participants shall abide by the Promoter's decision regarding resumption of the Promotion and disposition of the Prize(s).
4. In the event of any dispute regarding the Terms and Conditions, the conduct, results, or any other matters relating to the Promotion, the decision of the Promoter shall be final and unchallengeable and no correspondence or discussion shall be entered into, comment issued or reason given in respect of any decision made by the Promoter.
5. No purchase is necessary to enter or to win.
6. Applications to participate in the Promotion must be made through the Del Monte Europe website at http://play.delmonteeurope.com/
II. THE ENTRY and THE WINNING PROCESS
ENTRY ELIGIBILITY
7. By entering the Promotion, Participants hereby declare that all information submitted for registration (the ‘Promotion entry' or the ‘Entry') is true, accurate and complete in every respect. Any untrue, inaccurate or incomplete information is grounds for disqualification from the Promotion.
8. To qualify to enter the Promotion, Participants must be legal residents of the European Union (with the exclusion of Italy), Monaco, Norway or Switzerland. Participants shall be 18 years of age or older at the time of Entry, have Internet access and a valid e-mail account prior to the beginning of the Promotion.
9. The Promoter reserves the right to verify eligibility of Participants. Submission of the Promotion entry does not guarantee the Participant the opportunity to participate in the Promotion. The Promoter shall be entitled to reject or refuse participation by a Participant for any reason, including (without limitation) where the Promotion entry is not complete or any provisions in the Terms and Conditions is not fulfilled or adhered to by the Participant.
10. The following will not be eligible to enter the Promotion:
(i) Employees of the Promoter and their immediate families;
(ii) Any affiliated agents of the Promoter that are connected to the Promotion;
(iii) Anyone professionally connected to the Promotion.
ENTRY PERIOD
11. The Overall Competition will run from 08.08.16 until 21.08.16, with four (4) Prizes to be won every day during this period, and one (1) final Prize to be won at the end of the Overall Competition.
Any Entry received after the stipulated Promotion Period will be disqualified and ineligible for consideration for Prize(s). The Promoter reserves the right to extend or shorten the Promotion at its sole discretion.
HOW TO ENTER? HOW TO WIN?
12. The Promoter will post the Competition post onto the Promoter's Facebook page, with a link to the Del Monte Europe website.
13. Participants will be required to enter the competition at http://play.delmonteeurope.com/ and successfully complete the task of gaining 150 points by firing at Fresh Gold® Pineapples or Pineapples.
14. The Promotion is subject to:
(i) a daily Prize draw for which fifty six (56) Fitbit Flex will be allocated throughout the Overall Competition.
(ii) One (1) overall Prize draw for which one (1) Hurom Juicer will be allocated.
15. The Prize-winners will be chosen using a random number generator.
Under conditions set in article 13, Fifty-six (56) Fitbit Flex winners will be selected throughout the Overall Competition from the eligible Participants' Entries received within the Promotion Period. One (1) Hurom Juicer winner will be selected from the eligible Participants Entries received within the Promotion Period at the end of the Overall Competition as defined in the article 11. (The ‘Prize-winners').
16. By participating, Participants agree to be bound by the Terms and Conditions and the decisions of the Promoter, which shall be final and binding in all respects.
PRIZE
17. The Prizes consist of
(i) 56 (fifty-six) Fitbit Flex of a per unit value of £59.99.
(ii) 1 (one) Hurom Juicier of a per unit value of £299.99.
18. Under the Promotion, a Prize-winner will be awarded only 1 (one) Prize and only 1 (one) Prize will be granted per household.
19. The Promoter does not guarantee the availability of the Prize. In the event the Prize (including accessories and packaging, if applicable) is not available for whatsoever reason, the Promoter reserves the right to replace and/or substitute it, in its sole discretion, with any other Prize(s) of similar specifications and/or value as determined by the Promoter. The Promoter shall not accept responsibility for any variation in the Prize value.
WINNER NOTIFICATION & ACCEPTANCE
20. The Prize-winners shall be notified and instructed via email or via Facebook midway through the Promotion Period and at the end of the Promotion Period.and after the end of the Overall Competition for the final Prize.
21. Return of Prize notification as undeliverable will result in disqualification; the same will apply if a Prize-winner cannot be contacted or does not claim the Prize within five (5) days of the notification date.
22. Prize-winners may waive their right to receive their Prize.
23. In such events, meeting the terms of Sections 20 and/or 21 above, the Prize shall be forfeited and Promoter shall be entitled to deal with it at its absolute discretion. The Promoter may select an alternative Prize-winner in the same manner as the original Prize-winners and such selection will be subject to the Terms and Conditions.
24. Prizes are strictly not assignable, transferable or exchangeable. Participants shall not be entitled to redeem the same for cash or other alternatives.
25. Where the Promoter elects to post the Prize to the Prize-winners, no responsibility will be accepted by the Promoter for the safe and effective postal delivery of the Prize. Prizes will be sent with proof of delivery requesting a signature.
26. The Prize-winners are responsible for any and all taxes payable as a result of a Prize being awarded or received (if applicable).
27. Prizes are accepted entirely at the risk of the Participant and awarded by the Promoter without any warranty of any kind express or implied.
28. In the event the Promotion is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of the Promoter which corrupts or impairs the administration, security, fairness or proper operation of the Promotion, the Promoter reserves the right in its sole discretion to suspend, modify or terminate the Promotion. Should the Promotion be terminated prior to the stated expiration date, the Promoter reserves the right to deal with Prizes at its sole discretion and may award the Prizes based on the Entries received on or before the termination date.
DISQUALIFICATION
29. The Promoter reserves the right to disqualify a Participant and/or revoke the Prize (at any stage of the Promotion) if: (a) a Participant is ineligible or does not meet any of the eligibility criteria as detailed here to; or (b) a Participant breaches the Terms and Conditions or violates any applicable laws or regulations; or (c) in the Promoter's sole determination, it believes that a Participant has attempted to undermine the process of the Promotion by fraud, cheating or deception; or (d) where the Entry contains inappropriate, indecent, hateful, defamatory, slanderous, libellous, bigotry, obscene, racist, unethical, dangerous, violent, politically motivated, sexual inference or legally objectionable material, or material that may infringe upon any person (personal or property rights, or content that promotes hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age).
30. In the event of a disqualification after the Prize has been awarded, the Promoter reserves the right to demand for the return of the Prize or payment of its value from the ineligible Participant.
31. Whilst the Promoter will endeavour to conduct necessary verifications on the eligibility of the Participants, failure to disqualify any ineligible Participants shall not be deemed a breach by the Promoter.
III. GENERAL
INTELLECTUAL PROPERTY RIGHTS and DATA PROTECTION
32. The Participants agree that the Promoter and/or its Social Media service provider, namely the agency Thinking Juice Limited, Avalon, 26-32 Oxford Road, Bournemouth, BH8 8EZ, United Kingdom (the "Agency") may use their Entry (whether or not it wins the Promotion) without compensation for any promotional purpose.
33. The Promoter and/or the Agency will use the personal information that Participants provided with their Entry for the purpose of the Promotion (i.e, enable analysis or processing of the Promotion and management of the award and delivery of the Prizes). Details of Participants will be kept on a database and personal information will be used solely by the Promoter and/or the Agency in accordance with applicable data protection legislation and will not be disclosed to a third party without the Participant's prior consent.
34. All Prize-winners unconditionally agree (as a condition of accepting any Prize) to: (a) the use of their name, and disclosure of their country of residence and likeness; and (b) co-operate with or participate, in any other reasonable post Promotion publicity that may occur on websites, magazines, social media platforms, blogs, mobile sites or any other publishing media support at any time as a result of the Promotion. Such agreement shall not be subject to any compensation.
COMPLEMENTARY WARRANTIES
35. Participants hereby unconditionally and irrevocably agree that Participants shall not: (a) by act or omission, directly or indirectly, bring the Promoter into disrepute; (b) without the prior written consent from the Promoter publish or disclose any information in connection with the Promotion or Prize (including without limitation, to any representatives of media in any form whatsoever); (c) give any products endorsement, any interviews or be involved in any articles or reports in respect of the Promotion or the Prize with any third party; (d) be entitled to receive any wages, salary or any other compensation due to their participation in the Promotion and/or post Promotion publicity (except where prohibited by law).
LIABILITY
36. By entering, Participants acknowledge and agree that the Promoter, and the irrespective corporate parents, subsidiaries, and affiliates, and the officers, employees and agents of each of them including any associated contractors (collectively, the Promotion Entities) will not be liable for any failure to win the Prize, losses, damages or injuries of any kind resulting from any Participants' acceptance, possession, use and/or misuse of any Prize(s), participation in the Promotion, printing, mailing or distribution errors, or any malfunctions of the telephone network, computer Internet system, computer dating mechanism, computer equipment, software, or any combination thereof. Without limiting the generality of the foregoing, the Promotion Entities will not be responsible or liable for any injury or damage to any Participants or any third person's computer and/or its contents, related to or resulting from the Promotion.
37. Participants shall indemnify the Promotion Entities against any damages, losses, costs and expenses (including all legal costs on a full indemnity basis), and other liabilities which any of them incur or may incur in connection with any claim from any third party against the Promotion Entities arising out or as a result of any incorrectness, misrepresentation or breach of the representations, Terms and Conditions, warranties and undertakings by the Participants, or the settlement of any such claim.
INDEPENDENCE FROM FACEBOOK
38. In opening a Facebook account and using any services, products or features of Facebook for the purposes of the Promotion, each Participant is fully liable and responsible for complying with all terms and conditions as may be imposed by Facebook for such Facebook account and usage, and the Promoter shall not be liable in any way whatsoever for such Facebook account and usage. Participants further agree to fully indemnify the Promoter for all losses, damages, expenses, claims, fees, monies, costs (including legal costs on a full indemnity basis) and liabilities incurred by the Promoter as a result of or in connection with such Participant opening a Facebook account and using any services, products or features of Facebook for the purposes of the Promotion.
39. The Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. By participating, Participants hereby release and hold harmless Facebook from any and all liability associated with the Promotion.
INVALIDITY OF TERMS
40. The invalidity, illegality or unenforceability of any terms hereunder shall not affect or impair the continuation in force of the remainder of the Terms and Conditions of the Promotion.
JURISDICTION/APPLICABLE LAW
41. This Promotion and the Terms and Conditions and any dispute, claim arising out of or in connection with them or their subject matter, existence, validity, termination or enforceability shall be governed by and construed in accordance with the English laws and both Promoter and Participants agree to submit to the exclusive jurisdiction of the English courts provided always that nothing herein shall prevent Promoter from issuing or pursuing any proceedings in any other jurisdiction with a view to obtaining any interim relief or enforcing any order or judgment.
