GENERAL TERMS AND CONDITIONS RELATING TO AIKI'S PROMOTIONAL CAMPAIGN "AIKI-NG OF THE HILL"
GB Foods Belgium NV, a public limited companywith a registered office at Rijksweg 16, 2870 Puurs-Sint-Amands, Belgium andregistered with the Crossroads Bank for Enterprises with the number BE0458.358.850 is organizing a promotional campaign for its brand Aiki("the Promotional Campaign") including the participation to oneor more competitions via an entry form (the “Competition(s)”).
In association with
Heroca BV, is a private company with a registered office at Roderveldlaan4 bus 1, 2600 Berchem (Antwerpen), Belgium and registered with the CrossroadsBank for Enterprises with the number BE 0750.735.953.
Collectively referred to as “we”, “us”, “our”, the “promoter”,“organizer”
1. PURPOSE OF THE PRESENT TERMS AND CONDITIONS
These general terms and conditions apply tothe Promotional Campaign and to the Competitions managed and organized by GBFoods Belgium NV, in collaboration with Heroca BV on the website with the URL:http://www.aiki-ngofthehill.be (the "Aïki Competition Website”), whereentry into the Competitions will be promoted. The general terms and conditions willbe available on the Website for the entire duration of the Promotional Campaignand can be downloaded for personal use. By participating to one or moreCompetition, you hereby accept the present terms and conditions and undertaketo abide by them.
2. CONDITIONS
The participation to the Competitions is free, and allowed only andexclusively in compliance with the below conditions:
(i) Being a physical person (participation is not allowedfor companies or juridical entities).
(ii) The minimum age forparticipation is 13 years. Participants up to and including 18 years of age musthave the express permission of their parents or legal guardian to participatein the competition. If the minor cannot provide this consent upon request, heor she may be denied participation in the Competitions or the prize at anytime.
(iii) Participation is opento participants of all nationalities and countries, provided that you have adelivery address in Belgium to which any prize you may win can be sent.
(iv) Aïki Ambassadors(Twitch streamers as defined in Article 3) can participate in the Promotional Campaignbut are excluded from receiving prizes under any Competition.
(v) Participation to the Competitionis not allowed for employees of the promoters nor for employees of any other companythat participated in its development.
3. PROMOTIONAL CAMPAIGNANNOUNCEMENT
A. The Promotional Campaignis announced through:
(i) Aïki's social media channels (Facebook with URL -:https://www.facebook.com/Aiki.noodles and Instagram with URL:https://www.instagram.com/aiki.be);
(ii) the Twitch channels of the ambassadors of Aïki(Abulic, Chloe & Laagvliet) (“Ambassadors”)
(iii) various online channels (social media platforms suchas e.g. Facebook, YouTube, TikTok, Snapchat, Twitch and on various websites)using banners and videos.
Inany case, the participation to the Competitions shall require the previousfulfilment of the competition form on the Aïki Competition Website.
4. DURATION OF THE CONTEST AND CAMPAIGN
The Promotional Campaign will start on May 17th,2024 at 09h00, and runs until December 31, 2024 at 23h59. Each participant(physical person) can only participate once per Competition.
5. PARTICIPATION
To participate to the Competitions, entrantsmust complete the competition form on the Aïki Competition Website, byinserting the requested information in a complete and truthful manner.
You are solely and exclusively liable andresponsible for ensuring that all the data and information you may provide onthe form shall be accurate and real. Only fully completed entry formswill be taken into account and you will not be entitled to change yourinformation and data (including notably address and identity) at a later stage.
TheCompetitions which will take place in the Promotional Campaign will be thefollowing:
- Aiki videogames (x 3): for the duration ofthe Promotional Campaign, in the AikiCompetition Website three (3) different videogames will be available for freeplay. To participate to such Competitions, you shall play to the videogameavailable on the Website and achieve the best score as possible. You shallcheck the Website to see the videogame available from time to time. Eachvideogame shall constitute a separate Competition.
- Aiki Livestreams (x12): each Ambassador will carry out, during thePromotional Campaign, four (4) different livestreams, broadcasting him/herselfplaying games to a live audience online through their Twitch profile. Toparticipate to such Competitions, you shall watch the livestream(s) and timely posta comment to answer a question which will be made by the Ambassador during thesame livestream. Each livestream shall constitute a separate Competition. Youshall check the Ambassadors profiles to see date and times of the livestreams.
- Aiki Video Polls (x 4): each Ambassador,during the Promotional Campaign, will post in its social media profile one questionon a particular subject and you shall submit an answer to such question throughthe same social media. Each poll shall constitute a separate Competition. Youshall check the Ambassadors profiles to see when such Competition is launchedand reply accordingly.
- Vote your AikiAmbassador (x 1): before the end of the Promotional Campaign, on theAiki Competition Website you will be able to vote your preferred AikiAmbassador. In submitting your reply, you shall also provide an answer to aquestion we will make. You shall check the Aiki Competition Website to see whensuch Competition is launched and reply accordingly.
Participation is mandatory individually. Anyform of actual organized participation by multiple participants is prohibitedand is regarded by the organizer as an attempt to unlawfully influence thecompetition and will, if necessary, lead to the exclusion of the participantsinvolved and the withdrawal of the prize(s) concerned.
In the event of violation of any of theseTerms, abuse, deception or deception, the organizer expressly reserves the rightto immediately exclude the participant(s) involved from participation in thisand/or other competitions of the organizer.
Participation to each Competition will bepossible only during the times indicated. The Website and/or the activities tobe carried out by the Ambassador may suffer technical problems or temporaryunavailability, for which we reject any responsibility and warranty.
The winner(s) will be notified individually byemail; unless this is specifically stated otherwise for a particularcompetition. When contacted by e-mail, the e-mail will be sent to the e-mailaddress with which the participant is registered. If this turns out to beincorrect and/or if the email is not responded to within the specified period,the right to the prize will lapse.
Supervision of the regular conduct of the Competitions,the strict application of the regulations, the designation of the winners, theallocation of the prizes and their sending or handing over is carried out by anemployee of the organizer.
6. SELECTION OF WINNERS
For each Competition, winners will be selected as follows:
- Aiki videogames: for each videogame, the prize will be awarded to theuser who has achieved the best score. In case two or more participants havereached the same score, the participant that has participated earlier shallprevail on the participant who has participated later.
- Aiki Livestreams: for each livestream, theprize will be awarded to the user which firstly submits the correct answer tothe question posed by the Ambassador.
- Aiki Video Polls: for each poll, the prize will be awarded to the userwhich firstly submits the correct answer to the question posed by theAmbassador.
- Vote your Aiki Ambassador: the prize will be awarded to the user which (i) hasvoted the Aiki Ambassador that has eventually received most votes, and (ii) hasprovided the correct answer. In case no user has provided the correct answer,the participant that has provided the answer closer to the correct one shallprevail. In case two or more participants have provided the same answer, theparticipant that has replied earlier shall prevail in the ranking on theparticipant who has replied later.
Winners will be identified approximately within 20 days from the end ofthe Competition.
Each participant (physical person) can onlyparticipate to one Competition once. If a participant has won a prize,he/she no longer has a chance to win a second prize for that Competition.
Late entries will be declared inadmissible andwill therefore not be eligible for the award of the prize.
A maximum of one prize will be awarded peraddress/place of residence where several people live together as a family.
7. PRIZES
Theprizes to be awarded in each Competition are the following:
- Aiki videogames (x 3): for each videogame, a set made of 1x AikiChill chair, 1x Steel Series Keyboard, 1x Steel Series Gaming Mouse & 1xJBL Gaming headset.
- Aiki Livestreams (x12): for each Livestream, a selection of Aiki products equalto the body size of the winner (to be reasonably evidenced).
- Aiki Polls (x4): for each Poll asset made of 1x Aiki cups package, 1xSteel Series Keyboard, 1x Steel Series Gaming Mouse & 1x JBL Gamingheadset.
- Vote your AikiAmbassador (x1): winner will receivea year supply of Aiki products (52 cups) and a Playstation 5. Winner willfurthermore be entitled to attend an event with the Aiki Ambassadors to be heldin the territory of Belgium within six (6) months from the end of thePromotional Campaign.
None of the prizes can be exchanged for cashor other benefits in kind.
The organizer cannot be held responsible fordefects or shortcomings in the prize. In the cases where the prizes are nolonger available or out of stock, the organizer reserves the right to change theprizes with similar items of comparable value, on a best efforts obligation.
The prize will only be awarded or handed overto the winner, approximately within 30 Days from the end of the competition.Winner may be required to prove his identity. The participant loses the rightto his prize if he or she has not claimed it within two months after the end ofthe competition unless a different period or procedure is indicated in thecompetition. In this context, the organizer also reserves the right to handover the prize to another participant who qualifies as a winner.
Prices will be shipped only to deliveryaddresses in Belgium.
8. OTHER PROVISIONS
By participating in the promotional campaign,all participants are deemed to be bound by its rules.
You will be solely and exclusively liable forany post, comment, conduct or behavior you may keep during the PromotionalCampaign in respect to the organizer, the Aiki Ambassador as well as any otheruser and/or third party. You shall refrain from posting, publishing and/orsubmitting any content, message, post or comment which may have, in whole or inpart, a discriminatory, violent, obscene and/or unlawful nature. Wheninteracting on a third party social media, you shall comply with the applicableterms and conditions. You will keep the organizer harmless and indemnified fromany negative failure by you of complying with the above.
The promoter reserves the right to exclude anyparticipation in the promotional campaign if there is a reasonable suspicionthat the times driven have been manipulated or if it can be established thatcheating has taken place.
The Promoter reserves the right to suspend,cancel or modify the promotional campaign in the event of any unforeseencircumstances beyond the Promoter's reasonable control, without incurring anyresponsibility to the entrants, the winner or any third party.
All decisions regarding the promotionalcampaign are final and no correspondence will be entered into. These generalterms and conditions are subject to Belgian law and the courts of your countryof residence, or the courts of Belgium, if you are the claimant, or the courtsof your country of residence, if the promoter is the claimant have exclusivejurisdiction in this matter.
9. PROTECTION OF PERSONAL DATA
By participating in this promotional campaign,you acknowledge that your personal data is collected and processed by GB FoodsBelgium NV, located at Rijksweg 16, 2870 Puurs, Belgium and registered with theCrossroads Bank for Enterprises with the number BE 0458.358.850, as"controller". This processing of personal data is done in accordancewith applicable data protection law, including the EU General Data ProtectionRegulation ("GDPR") 2016/679 (as well as any other applicablenational law that supplements or implements the GDPR).
GB Foods Belgium NV can process the followingpersonal data about you:
- personal identification data and personalcharacteristics such as name, address, telephone number and email address;
- social media data (in the case of a socialmedia promotional campaign); and
- image and sound recordings (if this is partof the terms and conditions of the promotional campaign and with your expressconsent).
Your personal data will only be processed forthe purpose of your participation in the promotional campaign (and is based onour legitimate interests in running this competition). If you have consented toreceive electronic direct marketing messages, your personal data will also beprocessed for these purposes until you unsubscribe.
The personal data will be kept for as long asnecessary for this purpose, and in any case for a maximum of 1 year after theend of the promotional campaign. Your personal data may be shared by us withsubcontractors or agencies involved in the delivery of this promotionalcampaign, with our affiliated entities (all of which are within the EuropeanEconomic Area) and with some of our commercial partners. Finally, your data mayalso be provided to (administrative or judicial) government bodies and authoritiesin those cases where a legal rule provides for this.
You may request access to personal datarelating to you and, if applicable, correction or deletion of (inaccurate)data, restriction of processing or data portability, but only to the extentthat the legal conditions for the exercise of these rights are met has beenmet, and provided proof of identity has been provided. Everyone also has theright, free of charge and by submitting a simple request, to object to thefurther use of his/her data for direct marketing purposes. All questionsregarding the processing of personal data can be addressed to the email addressdataprivacy@thegbfoods.com. Finally, we inform you that you can contact theBelgian Data Protection Authority and, if applicable, other competentgovernment authorities for any claim arising from the processing of yourpersonal data.
More information about how GB Foods Belgium NVhandles personal data can be found on the websitehttps://www.thegbfoods.com/privacy-policy
10. INTELLECTUALPROPERTY RIGHTS
Gb Foods Belgium NV is the sole and exclusive owner and/or has thelawful availability of “Aiki” trademark, logo and designs, as well as of theAiki Competition Website and of all the content displayed. By participating tothe Competition, you shall not acquire any right or faculty in this regard.
When accessing to third party social media, websites and/or platforms,you shall respect with the related intellectual property rights. No license,authorization or entitlement is given by us in relation to such third partyintellectual property rights.