COMPETITION RULES MAGIC PINKS by Pink Lady® online competition
Article 1: Organising company
From 9-31 August 2018, Association Pink Lady® Europe, hereinafter referred to as “the Organiser” whose head office is located at 145 avenue de Fonvert, 84130, Le Pontet, France, company unit registration number (SIRET): 421 352 550 000 22, VAT No.: FR 2842 13 52 550, is organising a competition called “Magic Pinks” on the website http://www.pinkladyeurope.com/ in the Club private area accessible only to members.
The competition is available for a period of 23 days, a jackpot can be won and a draw is carried out when the entries are closed.
This competition is not published outside the website except to members of the Club.
Article 2: Entrants
This competition which includes an obligation to purchase in a store, is solely open to any natural persons aged over 18, who are resident in Europe and have an email address. People who do not meet the above conditions are excluded from the competition, as well as members of staff of the Organiser, and any person involved directly or indirectly in the design, creation or management of the competition as well as their spouse and members of their family: direct ascendants, descendants and other relations whether or not they live in their home. The Organiser reserves the right to ask any entrants to provide proof that they meet the above conditions. Any person who does not meet these conditions or refuses to provide proof of them will be excluded from the competition and cannot receive any prize won. The Organiser reserves the right to carry out any checks of compliance with the rules. Entry to the competition implies full acceptance of the present rules. Entrants must be registered and connected to the Pink Lady® Club accessible at the website www.pinkladyeurope.com. Any natural person over the age of 18 can join the club, which is free of charge. Pink Lady® Europe reserves the right to refuse membership of the Pink Lady® club to any person who does not meet the membership requirements. Membership of the Pink Lady® club enables holders, hereinafter referred to as “members”, to: – Benefit from Pink Lady® advantages by collecting Pink points that can be exchange for exclusive gifts in the Pink Lady® store – Collect Pink points by entering the unique codes present on the back of stickers on the Pink Lady® and PinKids® apples concerned and/or on punnets of Pink Lady® and Pinkids® apples. To take part in the Quiz, entrants must have at least 6 Pinks which are deducted from their account when they enter.
Article 3: Methods of participation
Entrants must: – Visit the following URL: http://www.pinkladyeurope.com/ – Register with the club (surname, first name, date of birth, email address, nickname, address and password) or log in. – Confirm their entry in exchange for 6 Pinks. – Answer a multiple choice question (four possibilities, qualifying answer). Entrants are given a clue to help them find the right answer. Entrants must give the correct answer to the question to qualify for the draw for the current round. There are several levels of participation in the competition. Entrants are limited to 10 attempts. Each entry requires 6 Pinks. If the entrants are already registered for the draw of a round, each new entry with the correct answer to the question will give them a further chance to win the draw. The entries are solely valid for the draw for the current round. Any entry that does not comply with the provisions hereof shall be invalid. Any entrants who are suspected of fraud can be eliminated from the competition by the Organiser, without it being required to provide evidence. Any name or entry that is incomplete, incorrect or illegible, whether deliberately or not, or made in a form other than that specified herein, shall be deemed invalid. To join the Pink Lady® club, users must connect to the website www.pinkladyeurope.com. They must register with the Pink Lady® club by filling in the online form and creating a password. The next time they connect, they must identify themselves by entering their email address and password. Only users who register with the Pink Lady® club can collect Pink points. The competition can only be entered online. Consequently, any entries received by telephone, fax or email without using the Pink Lady® website cannot be taken into account. Any inaccurate or incomplete registrations will not be taken into account and will result in the invalidity of the entry. The same penalty applies to multiple entries. Entries will not be accepted: a) After 11.59 pm on the last day of each round; b) If they include a name or address that is incomplete, inaccurate, usurped or made in infringement of these rules; c) If they do not comply with the above procedure. The entry will be invalid if it fails to respect the conditions for entry stipulated in the rules. Replies will not be given to written or telephone requests regarding the interpretation or application of the competition. The Organiser may carry out directly or indirectly any checks required to verify the capacity of the entrants.
Article 4: Prize
During the competition, one single prize is available, so there will be one unique winner. There is, therefore, a total of one prize available throughout the duration of the competition. The prize awarded by draw is: 1 KitchenAid food processor, colour: not specified. Details: the prize is valid for 30 days Commercial value: €700 inclusive of tax The price was determined when the present rules were drawn up and its evaluation cannot be disputed. Any expenses incurred after the competition in particular to maintain and use the prize are entirely payable by the winner.
Article 5: Naming the winner
The draw will be held at the end of the competition in September 2018. Condition(s) for participation in the draw: People who have answered a question correctly and filled in the competition entry form in full under the conditions specified in Article 3, can take part in the draw. The date and time of the draw may be changed in the event of a computer bug. The Organiser reserves the right to ask the winner to give proof of identity by providing valid identity papers. Simply by entering the competition, the winner authorises the Organiser to use their first name, surname, and country where they joined the Club.
Article 6: Announcement of the winner
The winner will be informed by email at the address provided when they entered the competition.
Article 7: Presentation of the prize
The prize will be sent to the postal address indicated by the entrant, within 8 weeks of the draw.
The prize will remain at the entrant’s disposal for 7 days. After that time, they will no longer be able to claim their prize. The winner undertakes to accept the prize as offered, without being able to exchange it, in particular for cash or other goods or services of any kind whatsoever, or transfer it to a third party. Similarly, no claims for compensation can be made for the prize. The Organiser reserves the right to replace the prize announced with a prize of an equivalent value, in case of an event beyond its control, in particular linked to its suppliers or unforeseeable circumstances. The winner will be informed of any changes.
Article 8: Use of the entrants’ personal data
The entrants’ personal data is recorded and used by the Organiser to store their entry to the competition and make it possible to award the prize. For legitimate reasons, the entrants can oppose the processing of their personal data provided in connection with the competition. They also have the right to oppose use of their personal data for the purpose of market research, unrelated to their entry to the competition, which they can exercise when making their entry by sending a letter to the Organiser at the address indicated in Article 1. The winner(s) authorise the Organiser to use their contact details (first name and surname) for advertising or public relations purposes, on any medium whatsoever, without this entitling them to any payment, rights or benefits whatsoever, other than the awarding of their prize. Pursuant to the French Data Protection Act of 6 January 1978, all entrants are entitled to ask for their personal data to be rectified, completed, clarified, updated or deleted, if it is inaccurate, incomplete, ambiguous or out-of-date, by sending a letter to the Organiser at the address indicated in Article 1.
Article 9: Competition rules
The rules are filed with SCP EXADEX, a specialised firm with a Bailiff’s office (Guillemain-Durroux-Lançon-Schuyten-Georget) located, as of on 1 August 2018, at 161 rue Yves Montand, Parc 2000, Montpellier.
The rules may be consulted on the following sites:
– In French: https://www.pomme-pinklady.com/fr/le-club/cgu-magic-pinks/
– In English: https://www.apple-pinklady.com/en/the-club/cgu-magic-pinks/
– In Italian: https://www.manzana-pinklady.com/es/el-club/cgu-magic-pinks/
– In Spanish: https://www.mela-pinklady.com/it/il-club/cgu-magic-pinks/
– In German: https://www.apfel-pinklady.com/de/profiel/cgu-magic-pinks/
– In Dutch: https://www.appel-pinklady.com/nl/de-club/cgu-magic-pinks/
– In Danish: https://www.aeble-pinklady.com/da/klubben/cgu-magic-pinks/
– In Norwegian: https://www.eple-pinklady.com/no/klubben/cgu-magic-pinks/
It may be sent free of charge to any person if requested of the “Organiser”. “The Organiser” reserves the right to extend, reduce, modify or cancel the competition at any time, especially in the event of a force majeur without incurring any liability as a result. In such an event, the rules will be modified by an addendum that will be duly filed with SCP EXADEX, a specialised firm with a bailiff’s office (Guillemain-Durroux-Lançon-Schuyten-Georget) located at 161 rue Yves Montand, Parc 2000, Montpellier.
Article 10: Industrial and intellectual property
Reproduction, representation and use of all or part of the elements that comprise the competition, including the present rules, are strictly forbidden. All of the trademarks, logos, texts, images, videos and other distinctive marks reproduced on the website as well as on the websites to which it allows access via hypertext links, are the sole property of their holders and as such are protected by the French Intellectual Property Code throughout the world. Unauthorised reproduction of them constitutes an infringement of copyright punishable by criminal penalties. Any unauthorised reproduction of these trademarks, logos or marks, in whole or in part, constitutes an infringement of copyright punishable by criminal penalties. Entry to the competition implies full acceptance of these rules by the entrants.
Article 11: Liability
The Organiser cannot be held liable in the event of force majeure or fortuitous events beyond its control. The Organiser cannot be held liable for delays, losses, thefts, damage to letters or illegible postmarks due to the postal services. It also cannot be held liable and no claims can be made against it in the event of cases of force majeure (strikes, bad weather etc.) partly or totally preventing the entrants from taking part in the competition and/or the winner from receiving their prize. The Organiser and its contractors and partners cannot on any account be held liable for any incidents that may arise in the use of the prize by the beneficiaries or their guests once the winner has taken possession of the prize. Similarly, the Organiser and its contractors and partners cannot be held liable for any loss or theft of the prize suffered by the beneficiaries, once the winner has taken possession of it. Any additional cost required to take possession of the prize is payable solely by the winner, who cannot claim any compensation from the Organiser or its contractors or partners. This competition is not managed or sponsored by Facebook, which the Organiser releases from any liability.
Article 12: Disputes & Complaints
The present rules are governed by European law. The Organiser reserves the right to settle without appeal any difficulty that may arise regarding the interpretation or application of these rules, it being agreed that no disputes will be allowed in particular regarding the terms and conditions of the competition, the results, the prize or its receipt, one month after the end of the competition. Except in the event of obvious errors, it is agreed that the data produced by the competition systems of the Organiser has evidential value in all disputes regarding login information and computer processing of the aforesaid competition data. Any complaints must be sent to the Organiser within one month of the end date of the competition. No complaints will be accepted after that time. Entry to the competition entails full acceptance of the present rules.
Article 13: Agreement regarding evidence
By express agreement between the entrants and the Organiser, the Organiser’s computer systems and files alone shall be deemed authentic. The computer records stored in the Organiser’s computer systems under reasonable conditions in terms of security and reliability shall be deemed to constitute evidence of the relations and communications between the Organiser and the entrants. Consequently, it is agreed that, unless there is an obvious error, the Organiser can cite, in particular as evidence of any act, event or omission, the programs, data, files, records, operations and other elements (such as monitoring reports or other statements) in electronic format or on a data carrier, drawn up, received or stored directly or indirectly by the Organiser, in particular in its computer systems. The data concerned constitute evidence and if they are produced in evidence by the Organiser in any judicial or other proceedings, they will be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same evidential value as any document that is drawn up, received or stored in writing. Operations of all kinds carried out by means of the user name and code allocated to an entrant following registration are irrefragably presumed to have been carried out under the responsibility of the entrant.