Welcome to the “FULFIL X ING MARATHON CONTEST” (the “Activity”), which is conducted and managed by Ferrero Trading Lux S.A. having its registered office at Route de Trèves 16, L-2633 Senningerberg, ("Ferrero”) By participating to this Activity, each participant has a chance to win one (1) pair of Apple Airpods Pro and twelve (12) cases containing fifteen (15) FULFIL bars each by completing the form consisting of entering their email address and submitting a new proposed slogan for FULFIL (the “Form”) available on https://lux.fulfilnutrition.com/pages/2404-lux-photobooth-terms-conditions, (“FULFIL Official Website”) and accessible through the QR code on the leaflet provided in the participants bag to each individual enrolled in the ING Marathon Event (the “Leaflet”).

1. Purpose

These Terms & Conditions are intended to formalize the rules by which the Activity will be conducted and the rules and conditions of participating therein.

By participating in the Activity, each Participant accepts as binding these Terms & Conditions, including all the conditions contained therein.

Participation in the Activity is exclusive responsibility of the Participant. Ferrero and/or anyone acting on its behalf, bears no responsibility for any damage which is caused and/or shall be caused to a Participant as a result of and/or in connection with his participation in the Activity.

The following terms shall have the meaning ascribed to them:

“Activity Period”          As defined in Section II. 1. a.

“Participant”               Any individual meeting the criteria set in Section II. 2., and participating in the Activity, all in accordance with these Terms & Conditions.

“Prize”                         One (1) pair of Apple Airpods Pro and twelve (12) cases containing fifteen (15) FULFIL bars each.

“FULFIL Official Website”       As defined above in paragraph 1.

“Leaflet”                                  As defined above in paragraph 1.

“Winner”                                  Participant that submits winning slogan which is assessed according to the criteria defined in Section II. 3.

“Criteria”                                 As defined in Section II. 3.

“Committee”                            As defined in Section II. 3.

 

1. Terms of Activity

 

1. Activity Period
   1. The Activity opens on 7^th May at 8 a.m.. and closes on12^th May at 8 p.m Central European Time (CET).
   2. The Participant that is selected as the Winner according to the conditions outlined in Section II. 3 will be notified of their result by email and requested to provide their preferred delivery information within thirty (30) days from the end of the Activity Period.

 

2. Terms of Participation

To participate, Participants must:

1. Agree with the Terms & Conditions
2. Be 18 years old at least at the time of participation.
3. Use the Leaflet received in the participants bag

The following are excluded from participating:

1. Employees of Ferrero and their close family,
2. Ferrero’s distributors,
3. Anyone involved professionally with the Activity.

 

Provided any of the criteria above is not respected, there will not be any possibility for the Participant to receive the Prize.

 

3. Activity Mechanics & Winner Selection

Participants can take part in the Activity by: 

1. Accessing the FULFIL Official Website through the QR code in the Leaflet and confirming they read, understand and accept this Terms & Conditions.
2. Completing the Form in accordance with the conditions set out in Section II. 7.

Once the Participant has submitted the Form, the answers will be processed, and the slogan will be assessed in accordance with the terms set out below.

There will be one (1) Winner selected by a committee composed by three (3) members of the FULFIL Brand Management Team (the “Committee”). The Participants’ slogans will be assessed against the following:

1. compatibility with the brand;
2. originality; and
3. memorability.

The above collectively referred to as (“Criteria”).

The Winner will be notified by the Committee, within thirty (30) days from the last day of the Activity, directly on the email they provided informing them of how they can claim the Prize. The Winner will be requested to respond directly to the email indicating their preferred address for shipping the Prize.

The Winner must claim their Prize and provide their preferred address for shipping the Prize within fourteen (14) days from receiving the email. Should the Winner not claim their Prize within the specified time, the Prize will be given to the second classified and so on, as selected by the Committee according to the Criteria.

The decisions of the Committee are final and cannot be challenged.

4. Prize Description

There will be one (1) Winner selected in this Activity. The Prize is composed as such:

Apple Airpods Pro x 1, together with

FULFIL case composed of 15 bars x 12

5. Responsibility

The Participants shall guarantee they have the legal rights and legal capacity to accept these Terms & Conditions within their own jurisdiction and that their participation in accordance with the methods and terms indicated in these Terms & Conditions does not constitute a violation of any law, regulation, or other provision in their jurisdiction.

To the fullest extent allowed by law, Ferrero accepts no responsibility for loss or injury as a result of the participation to the Activity.

Additionally, the Participants cannot claim any form of compensation from Ferrero in the case any issues arise in respect of the following:

1. Technical issues with the submission;
2. Internet rate issues;
3. Data transmission delays;
4. Participant’s device failure; and
5. Providing an incorrect delivery address.

 

To participate the Participant confirms that they are aged 18 or older.

Ferrero will sanction and/or will not hesitate in taking legal action if:

1. any of the rules set out in this Terms and Conditions are found to be broken;
2. any misrepresentation or falsification of identity, no matter the method used, as well as;
3. any fraud of any nature whatsoever, and more generally;
4. any attempt to hijack the Activity rules and disrupt the smooth running of the Activity, regardless of the method used.

Ferrero may also, at any time and without prior notice, decide to amend or cancel all or a part of the Activity.

6. Rights and Duties related to the Activity

 

The Participant agrees to allow Ferrero to use every element of the submission for any purpose, in any media. The submission can be totally or partially used in any way Ferrero deems necessary.  

 

Ferrero (and/or any other entity directly or indirectly owning or controlling Ferrero, owned or controlled by Ferrero, or under the common control with Ferrero, “Ferrero Group”) will become the sole owner of any Content submitted by the Participant via the Activity. Therefore, the Participant authorizes, with no entitlement to claim fees, indemnities, royalties or sums for any other reason, Ferrero and third parties instructed by it, its successors and/or associated companies and/or those forming part of the Ferrero Group, to retain, disseminate and use the Contents throughout the whole world, with the possibility to grant them on license and transfer them to third parties, and with the irrevocable right to complete their electronic processing, modification, alteration, reduction and/or adaptation to create and disseminate visibility and publicity material, through media channels, the internet and social networks, to create and disseminate advertising communication and Activity, and to use them for any other type of advertising Activity of Ferrero's products, with no quantitative or qualitative limitation, and in any form.

 

7. Content Requirements and Instructions

The Participant must not submit any Content that: 

1. is defamatory, abusive, obscene, profane, scandalous, inflammatory, pornographic, indecent, or offensive 
2. infringes or violates another party’s intellectual property rights (such as trademarks, logos, music, videos, photos, or other materials for which you do not have written authority from the owner of such materials to use)
3. violates any party’s right of publicity or right to privacy 
4. is threatening, harassing, or that promotes bullying, racism, bigotry, hatred, or physical harm of any kind against any group or individual 
5. promotes discrimination (based on race, sex, religion, nationality, disability, sexual orientation, or age)
6. is inaccurate, false, or misleading in any way
7. is illegal or promotes any illegal activities
8. promotes illegal or unauthorized copying of another person’s copyrighted work or links to said work, or provides information to circumvent any security measure
9. contains “masked” profanity (i.e., F@&#)
10. contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. 

The categories of prohibited content listed above are merely examples and are not intended to be exhaustive.  

8. Data Protection

Personal data collected within the scope of the Activity will be processed in compliance with the provisions of EU Regulation No. 679/2016, bearing the so-called "General Data Protection Regulation" ("GDPR"), and any other provision and/or legislation, national and/or European, applicable to the protection of personal data. The data controller is Ferrero Trading Lux S.A., with registered office in Luxembourg, Route de Trèves 16, 2633 Senningerberg, which can be contacted at the e-mail address privacy@ferrero.com. For more information regarding the processing of personal data for the participation in the Activity, please refer to the dedicated Privacy Policy.­­­­

9. Contact Us

For queries, Participants can directly contact the Consumer Service at the following email address: hello@fulfilnutrition.com

10. Regulation and Applicable Law

Participating in the Activity involves the complete acceptance, without any reservation, of these Terms & Conditions, as well as the rules of the Internet and any applicable law.

Any dispute between the Parties that cannot be settled by mutual agreement and that relates to the interpretation, carrying out of obligations, breach, or enforcement of these Terms and Conditions or in any way arises out of or is connected with the Activity shall be subject to the jurisdiction of the Grand Duchy of Luxembourg.