General competition rules
These competition rules set out the rules governing all competitions organised by Java Coffee Boutiques (bv, with registered office at 3110 Rotselaar, Wingepark 20 - company number BE 0724.580.991.) (hereinafter referred to as: the organiser) via its website, other online channels (such as YouTube, Facebook, Twitter) or by any other means.
If specific terms and conditions apply to a competition, a special competition rule will additionally be drawn up for that competition. The provisions of a special competition rule take precedence over otherwise applicable provisions of these general competition rules.
2. Conditions of participation
2.1. Any natural person domiciled in Belgium may take part in a competition, with the exception of persons taking part in the organisation of the competition concerned.
2.2. Minors may participate in a contest provided they have obtained the prior consent of their parents (or the person exercising parental authority) to do so. If a minor takes part in a competition, the organiser assumes that he/she has the permission of his/her parents/guardian. However, the organiser reserves the right to request written confirmation of the consent obtained at any time. If the minor is unable to produce such consent, he/she may be denied further participation in the competition or be deprived of his/her right to a prize at any time.
2.3. Participation must always take place in a personal capacity and cannot involve several persons.
2.4. With the exception of any communication costs associated with participation (for example: telephone costs, internet costs, ....), the participant shall not owe the organiser any fee or contribution for participation in a competition.
2.5. Only one member of the same family or living at the same address can win a prize within the same competition. The date of participation is decisive in this regard. In the event that the participant would have been selected as a winner for two or more (quasi) simultaneous competitions whose results are announced on the same day, the participant will only win the prize of that competition in which he participated first.
2.6. Anyone who nevertheless participates without complying with the participation conditions will automatically lose his right to the prize, without compensation and without any recourse.
3. Competition course
3.1. The course of the competition (knowledge question, elimination question, creative action, etc.) is determined per competition. In the event of a sifting question, an answer to this sifting question is compulsory in order to validly participate in the competition.
3.2. In case the contest concerns a knowledge question, the participant is asked to enter the correct answer. In case several participants send in a correct answer, the winner will be determined by drawing lots or by the elimination question from all participants with the correct answer.
If there are too few or no correct answers to the question(s) for the prize(s) to be awarded, the remaining prize(s) will be awarded to the participant(s) closest to the correct answer to the question(s).
3.3. In the event that the competition involves a creative contribution by the participant, such as a photo, text or video, the winner will be determined by the organiser according to the evaluation criteria it has laid down.
By taking part in a competition with creative input, the participant grants the organiser free permission to publish this creative input without any limitation in time and space on social media, on the organiser's website(s) (whether or not adapted for mobile use) and on other (online) channels, to incorporate it in audiovisual productions and to communicate these productions to the public in any technical way, as well as to reproduce it (or have it reproduced) on any medium whatsoever and to distribute it (or have it distributed).
The participant declares that he holds the necessary rights to allow this use of his creative contribution and indemnifies the organiser against all possible claims relating to his creative contribution. This therefore implies that a creative contribution must be original, must have been created solely by the participant(s) and must not in any way incorporate third-party copyrighted or otherwise protected material (unless he/she has all necessary permissions from the rights holders).
The organiser is under no obligation to actually publish and use a creative contribution and may at any time and for any reason remove a creative contribution. This can be done, for example, if the organiser suspects that the creative contribution does not meet the conditions set or if it is not (no longer) considered appropriate for whatever reason.
4.1. The prize won is personal and cannot be transferred to someone else.
4.2. The prize cannot be exchanged or converted into cash.
4.3. The prize is indivisible and must be accepted as awarded.
4.4 The organiser may at any time for production or content reasons, modify a prize and replace it with an equivalent alternative.
4.5 The prize is limited to the (naked) prize as further defined in the Special Competition Rules or otherwise. In no way can it be assumed that the organiser would provide or award the additional services or products linked to the prize.
4.6. If the prize:
entails a right of entry to take part in a particular activity (such as an event, visit, etc.) then it merely entails that right of entry, unless otherwise stated. The modalities of access will be determined by the organiser of the activity,
if it concerns a gift voucher, its validity may be limited in time,
a family ticket involves a ticket allowing four people access to the event in question;
4.7. The organiser does not grant any guarantee in relation to any prize.
4.8. Should the prize be sent (not at the customer's request). Delivery costs will be borne by the organiser. Any additional taxes will be borne by the winner.
4.9. If a prize is urgent (such as the right to enter an event), the participant may be asked to be available at a certain time or to collect the prize himself. This will be stated on the competition page. If this is impossible for the participant, the organiser may award the prize won to another participant, without any right of redress or compensation.
4.10. If the participant has not completed the required (confirmation) formalities within the stipulated period, the participant's right to the prize lapses and the organiser may award the prize to another participant, without any right of redress or compensation.
5. Liability of the organiser
5.1. The organiser cannot be held liable for damage - material or immaterial, direct or indirect - related to participation in the competition or a prize won. If the prize won consists of free tickets to a concert, a film or an event, in the event of cancellation, the organiser cannot claim any form of compensation.
5.2. The organiser is not responsible for not being able to deliver a prize if the participant provided insufficient, incomplete or incorrect contact details when taking part.
5.3. The organiser is not responsible for any defects or shortcomings of the postal and/or courier companies in the delivery of a prize such as but not limited to delay, damage, strike, loss or failure to notify a registered mail.
5.4 Printing, spelling, typesetting or other errors as well as technical problems (including with e-mail communication) cannot be invoked as grounds for any obligation whatsoever on the part of the organiser.
5.5. The organiser cannot be held liable for technical problems at the participant or a third party (e.g. provider) that would result in late participation or loss of data of the participant.
5.6 If the organiser is forced or considers it necessary to postpone, shorten or withdraw a competition, it cannot be held liable in any way for this.
5.7 The organiser cannot be held liable for any defect in the prize or if the prize does not meet the expectations created. If the prize concerns items subject to the consumer goods guarantee scheme, such as electrical and electronic appliances, the right to a guarantee shall be exercised directly with the manufacturer or importer.
5.8 The exclusion or limitation of the organiser's liability in this article is without prejudice to the fact that the organiser will in all cases be liable for its deliberate acts or serious misconduct or those of its employees or agents or for the non-performance of the main obligations under the competition.
6. Personal data
6.2. If the competition is organised jointly with others, the participant's personal data may be transferred to other physical or legal persons who are co-organisers. These third parties shall act as "controller" during this or any other processing of personal data. For more information regarding this processing, the organiser refers to the personal data protection policy of these third parties which is applicable.
6.3. By participating, participants agree that if they win a prize, they may appear with their photo and name on social media, the organiser's website and other (online) channels under the editorial responsibility of the organiser as well as other online channels of any co-organisers.
6.4. In accordance with the Law of 8 December 1992 on the protection of privacy in relation to the processing of personal data, the participant has the right at any time, free of charge, to oppose the processing of his data for direct marketing purposes, to check and correct his data and, if necessary, to have them deleted. To do so, it is sufficient to send an e-mail to firstname.lastname@example.org, together with proof of identity.
7. Contest monitoring and decisions
7.1. The organiser will supervise the correct conduct of the competition. In case not all the conditions of the rules are met or in case of abuse, deception, fraud or bad faith, the organiser reserves the right to exclude the participant concerned from the competition and also exclude him - permanently or not - from other competitions of the organiser.
In such cases, the organiser also reserves the right to demand from the participant the return of any prize already handed over and to claim compensation for the damage suffered by the organiser (including damage to image).
7.2. The result of a competition is binding and irrevocable. It cannot be contested. No correspondence (by letter, e-mail or telephone) can be entered into with the organiser of the competition concerning the results and the course of a competition. Decisions designating winners are final.
If a competition is co-organised with one or more parties, the provisions of these regulations referring to the organiser should be read as referring to both the organiser and its co-organiser(s).
9. The Rules
9.1. Participation in the competitions implies the participant's confirmation that he was able to take cognisance of the competition conditions prior to his participation and has accepted them; as well as the acceptance of all decisions to be made by the organiser in connection with the competition. All additional announcements in connection with the competition shall count as point of rules.
9.2. The organiser may amend the general competition rules at any time. The old participation conditions will then remain valid for the competitions already in progress at that time.
9.3 These regulations will be published on the organisers' website and can be printed there if desired.
These general competition rules, any special competition rules and the legal relationship that arises between the organiser and the participant in the context of a competition to which these competition rules apply are subject to Belgian law.
All disputes between the organiser and the participant concerning the interpretation, execution and consequences of these competition rules and the competitions to which they apply fall within the exclusive competence of the courts in Brussels.