The company Belga Factory, hereinafter "Belgium Chocolatiers", whose registered office is located at Le Géronsart 51, 1457 Walhain, Belgium, VAT number: BE0727.538.602, is organising an online game, hereinafter the "Game" or "Competition".
The games organised on the Belgium Chocolatiers Facebook® page and the Belgium Chocolatiers Instagram account are free of charge and without any obligation to purchase. By taking part in the various games via the Belgium Chocolatiers Facebook® page and/or Instagram account, participants will be able to enter the draw enabling one of them to win a prize, the nature of which is indicated within each competition publication concerned. The games are accessible on the Belgium Chocolatiers Facebook® and Instagram game platform at the following address: https://www.facebook.com/BelgiumChocolatiers & https://www.instagram.com/belgiumchocolatiers (hereinafter the "Platform").
It is specified that the Competition Game is developed and managed by Belgium Chocolatiers to the exclusion of any sponsorship or intervention by the Facebook® company, which only hosts the Competition Game on its Platform.
This document is the rules of the Competition, hereinafter referred to as the "Rules". They may be supplemented and/or amended at any time during the Contest period by any additional clause which shall come into force solely by virtue of its publication online by Belgium Chocolatiers.
Any person is deemed to have read, understood and accepted, without reservation, the Rules in their entirety, and in particular the article relating to personal data, as soon as they access and register for the Game.
All of the above-mentioned documents are available and accessible to all users and participants during the duration of the Game. Users and participants are requested to make a backup copy and/or print out all of the above-mentioned texts in order to be able to refer to them, if necessary.
Article 1: Conditions of access
Participation in the competition is open to any person meeting the cumulative conditions below:
(i) a natural person of legal age,
(ii) has Internet access and a valid personal e-mail address,
(iii) has a Facebook® and/or Instagram account and accesses the Competition via the Facebook® Belgium Chocolatiers Game Platform during the period indicated in the relevant game publication, at the following address https://www.facebook.com/BelgiumChocolatiers and/or https://www.instagram.com/belgiumchocolatiers
Belgium Chocolatiers will, within the limits of the means at its disposal, verify compliance with these criteria. In the event that one of these criteria is not met, registration for the Competition cannot be validated.
Participation in the competition is limited to one entry in the prize draw as detailed in article 2 below.
Access to the competition is forbidden to employees of Belgium Chocolatiers and to any natural or legal person who has collaborated or is collaborating in the organisation of the competition, including members of their close family (e.g. spouse, partner, child, sister and brother, parent, civil partnership partner).
Article 2: Participation
The Contest is open to any person meeting all the conditions mentioned in Article 1.1 above, with the exception of any person mentioned in Article 1.3.
In order to enter the draw and try to win the prizes at stake in article 3.1, any participant must have carried out the actions mentioned below:
- Go to the https://www.facebook.com/BelgiumChocolatiers page or Instagram account: https://www.instagram.com/belgiumchocolatiers
- Go to one of the dedicated publications
- Follow the participation instructions detailed in the dedicated publication
- Read, understand and accept without reservation the Rules of the Game available on the Belgium Chocolatiers website: https://belgiumchocolatiers.com and linked to the aforementioned Facebook page and Instagram account.
Registration for the draw is only effective after these steps have been completed.
It is understood that each participant undertakes to reveal correct information about him or herself. Belgium Chocolatiers declines all responsibility in the event that a participant uses false names and/or first names associated with a valid e-mail address, or even usurps the identity of a third party.
Participation in the Competition shall be exclusively by electronic means on the Facebook® page and/or the Instagram account of Belgium Chocolatiers, the draw being carried out among the participants registered in the latter.
Any participation in the Competition on plain paper or in any other form is excluded.
Participation in the competition will only be valid if the information required by Belgium Chocolatiers is complete and correct.
Any entries made using incorrect or falsified information or via counterfeit or falsified forms will automatically forfeit any right to obtain any winning prize.
All participants undertake to comply with the Rules. Any failure by the participant to comply with the Rules, and in particular any fraud, abuse or cheating on his part, may result in his exclusion from the Game by decision of Belgium Chocolatiers.
Furthermore, in the event of abuse or cheating by one or more participants, Belgium Chocolatiers reserves the right to modify or terminate the competition without prior notice, in particular if the integrity of the competition is called into question in its purpose.
Article 3: Determination of the winners - award of prizes
The winner will be determined by a random draw among the participants via Facebook and Instagram. This winner will win the prize indicated in the dedicated publication available on the Platform. Participants shall not be entitled to any compensation or consideration whatsoever in the event of cancellation or loss other than any consideration offered by the
organiser. The prize offered may not give rise to any dispute of any kind, nor to the return of its cash equivalent, nor to its exchange or replacement for any reason whatsoever by Belgium Chocolatiers. If circumstances so require, Belgium Chocolatiers reserves the right to replace the prize with other prizes of equivalent value.
3.2. Determination of the winners
The winner will be determined by a draw which will be carried out on the date mentioned in the dedicated publication, in the database of the persons registered for the draws.
3.3 Information of the winners / awarding of the prizes
Belgium Chocolatiers will inform the winners by private message via the Facebook and Instagram platforms on the day of the draw. On this occasion, the winners will be informed of the procedures for taking possession of their prize.
The winners must use their prize from the date indicated. If they fail to return their prize within the time limit, the winners will lose their prize without any liability on the part of Belgium Chocolatiers, nor any compensation due. In the case of a non-electronic prize, delivery of the prize will be made within 30 days from the date of designation of the winner, to the winner's home by the company concerned.
Notwithstanding the above, the organising company also reserves the right to keep the prizes that should have been awarded to the defaulting winner and to dispose of them as it sees fit.
Article 4: Modification / termination of the competition
Belgium Chocolatiers reserves the right to shorten, extend, modify or cancel the Competition in the event of a case of force majeure which makes it impossible to continue the Competition in accordance with the provisions of the Rules and in particular in the event of malfunction of the Internet network (whether due to a virus or not), of the platform or any other problem related to the networks, means and (tele)communication services, computers (online or offline), servers, Internet access and/or hosting providers, computer equipment or software, data or databases.
In the event that such a cancellation, modification, extension or reduction in the duration of the Contest should occur, Belgium Chocolatier undertakes to notify the participants by e- mail and/or by publication within the platform via the dedicated application and, where applicable, to inform them of the new rules applicable or the new closing date of the Contest.
In the event of a modification of these Rules with regard to the above, the continuation of the Competition by the registered participants will be deemed to be acceptance of the modifications made, each participant having the possibility of unsubscribing from the Competition by contacting Belgium Chocolatiers.
In the event of modification of the conditions of the Competition, cancellation, interruption or reduction of the duration of the Competition, Belgium Chocolatiers cannot be held responsible and participants cannot claim any compensation, which they accept.
Finally, each of the Participants accepts that Belgium Chocolatiers may terminate the Competition, or make changes to it at any time in the event that it notes a significant
number of abuses and cheating, whether during registration for the Competition or during the course of the Competition itself.
The cancellation or modification of the Competition will be communicated to the participants by publication on the platform or by any other means that Belgium Chocolatiers deems appropriate.
Article 5 : Exoneration and limitation of liability
Belgium Chocolatiers shall not be liable for any damage, direct or indirect, whatever the cause, origin, nature or consequences, even if it has been advised of the possibility of such damage, caused by reason of :
(i) a malfunction of the Internet network or the computer equipment, including the platform and the application (hardware and/or software and/or databases and/or data) of a participant or any person or company linked to the organisation of the Contest or, more generally, any other problem linked to the networks, means and services of (tele)communications, computers (online or offline), servers, Internet access and/or hosting providers, computer equipment or software, databases and data of any person
(ii) the truthfulness of the information given by the participant, which it could not validly consider as not complying with the provisions of these rules and the conditions of use with regard to the information and means in its possession
(iii) any manufacturing defect, breakdown or other malfunction, the compliance of the prizes with the standards to which they may be subject or the safety of the use of the prizes offered (under normal conditions of use) which are not its own products.
Belgium Chocolatiers declines all responsibility for damage caused by events beyond its control, resulting from the use of the prize or the performance of a supplier.
Article 6 : Participation fees
The competition is free of charge and there is no obligation to buy.
The Rules are available to participants free of charge on the platform dedicated to the Contest and on the Belgium Chocolatiers website.
For participants accessing the Contest via a modem and by means of a telephone line billed according to the time spent - i.e. excluding cable, ADSL or specialised connection subscriptions and fixed price packages including or offering communication costs - the costs of connecting to the site incurred for participation in the Contest will not be reimbursed to participants.
Article 7: Dispute
In the event of a dispute or claim concerning the Contest for any reason whatsoever, requests must be sent in writing to the attention of Belgium Chocolatiers by post to the address mentioned in the preamble, during the duration of the Contest and within a maximum period of thirty (30) days after the winners have been designated.
In the event of a dispute or claim concerning the prizes awarded, requests must be made in writing to the attention of Belgium Chocolatiers, by e-mail to Info@BelgiumChocolatiers.com or by post to the address mentioned in the preamble within seven (7) days of receipt of the prize confirmation.
Each participant undertakes, in the event of any difficulty that may arise concerning the application or interpretation of the Rules, to make an amicable appeal to Belgium Chocolatiers prior to any legal action against the latter.
The Regulations are subject to Belgian law. In the event that no amicable solution is found between the participant(s) and Belgium Chocolatiers, any dispute arising from these Rules will be submitted to the courts located in the judicial district of Belga Factory.
Article 8: Personal data
In accordance with the provisions of the law of 2 August 2002 on the protection of individuals with regard to the processing of personal data, files and freedoms, as well as all the texts relating to the implementation of the provisions set out therein, the participant is informed that all the information requested in the registration form for the Contest is compulsory and is mentioned as such, and that failure to answer these questions by the participant will prevent him/her from participating in the Contest.
The data collected is strictly necessary for the proper conduct of the Contest. Any use for purposes other than those set out in these Rules shall be subject to the participant's express authorisation. By participating in the Game, the participant accepts the Rules and the collection of said data. The data will be deleted within 3 months of the end of the Competition, unless the participant expressly agrees otherwise.
Belgium Chocolatiers may publish and reproduce on the Platform the image, the voice recording and the name of the winner, provided that the latter consents to this upon request by Belgium Chocolatiers.
Consequently, the data collected will be transmitted solely to Belgium Chocolatiers.
Any participant also has the right to access, rectify, block and delete data concerning him/her by contacting Belgium Chocolatiers directly by e-mail at Info@BelgiumChocolatiers.com or by post at the address mentioned in the preamble.
It is specified in this respect that any request for deletion of this data by any means whatsoever during the duration of the Contest may result in the cancellation of the registration to the Contest.
Article 9: Agreement of electronic proof
Belgium Chocolatiers may take advantage, in particular for the purposes of proof of any act, fact or omission, of the programmes, data, files, recordings, operations and other elements of a nature or in a computer or electronic format or medium, established, received or kept directly or indirectly by it or the participants, except in the case of abuse or obvious error. The participants undertake not to contest the admissibility, validity or evidential value of the aforementioned elements in computer or electronic format or medium. Thus, the elements considered constitute proof and, if they are produced as means of proof by Belga Factory in any litigation or other procedure, they will be admissible and opposable between the parties in the same way, under the same conditions and with the same probative force as any document which would be established, received or kept in writing.
Article 10: Filing of the rules
The present rules are deposited in French at the services of Belga Factory, Le Géronsart 51, 1457 Walhain, Belgium, and are available free of charge in the dedicated application.