General terms & conditions for promotions and competitions
VMware Benelux, June 1 2017
These general conditions for promotions and competitions (hereinafter the “Terms and Conditions Competitions’) apply to competitions and other promotional activities organized by VMware Benelux and/or its subsidiaries or its affiliated companies (hereinafter “Provider”). By participating in the Provider’s competitions, the participant agrees to the following Terms and Conditions Competitions. In addition, each competition and/or other promotion also has specific terms and conditions mentioned in the specific competition rules.
• Participants home address should be in Belgium, The Netherlands or Luxembourg.
• Participants up to 16 years old state that they have obtained approval from their parent(s) for participation in the competition.
• Excluded from participation are staff and relatives of the Provider (including its subsidiaries) and cohabiting partners or family of the aforementioned employees. As well as any participants/suppliers in respect of the particular competition (including advertising agencies, advertisers, sponsors or producers).
• The participant is obliged to provide accurate, current and complete information when participating in the competition. The Provider may request a winner, before presenting the award or prize, to provide proof of their identity and residence information previously provided by the participant.
• The decision of The Provider is final and no correspondence will be entered into regarding results and the awarding of the prize.
• The prize is personal and is registered in the name of the winner. The prize is not transferable, exchangeable or payable in cash or other products or services. In case of refusal or non acceptance of the prize or conditions that are inherent to the competition, the prize will not be awarded. In that case, the Provider is entitled to choose another winner.
• The prize is awarded in its current state. The Provider is not responsible for any visible or hidden defects in the prize nor for any damage during delivery (shipping) of the prize.
• The handling of the delivery of the prize is arranged by the Provider, advertiser/sponsor or another appointed third party. In this last case, the Provider is not responsible for the delivery of the prize. In that case, the date of delivery of the prize will be determined in consultation with the supplier of the prize.
• The Provider is not responsible for any defects caused by delivery or shipping companies (e.g. delays, strikes, damage or loss) with respect to the delivery of the prize. When the winner, or a roommate, co-inhabitant or neighbor, isn’t able to receive the prize, the winner will pick up the prize later on (e.g. post office, etc.). The Provider shall not be held liable if the prize is not collected or received by the winner or collected by an unauthorized person, even when the delivery or shipping company has not left any notification or notice in any form.
• If the prize consists of tickets for concerts, festivals, films, sports events or similar types of events and/or holidays/flights, there can be no claim on any form of compensation in case of cancellation.
• If the prize includes travel/accommodation abroad for which a passport is required, the participant must be in possession of a valid passport to receive the prize. The prize is not awarded when failing this condition.
• The winner is able to claim the prize up to three months after publication. After this period, entitlement to the prize automatically expires.
• The winner of the prize gives the Provider permission to use, free of charge, any received personal data, any photos or any contributions linked to the competition to be used in promotional activities relating to the competition and in relation to the announcement of the winner through all media, including radio, television and internet.
• To the extent required, the Provider will arrange any withholdings and/or declaration of gambling taxes, except where specific conditions in the competitions state otherwise.
• At the request of the Provider, the winner(s) of the prize will cooperate in promotional activities of the Provider to the extent that can be reasonably expected of them, including publicity regarding the announcements of the winner(s) across all media including radio, television and the Internet. For cooperating with these promotional activities no financial compensation will be paid.
• The participant consents to the processing of personal data in connection with participation in the competition. The Provider may add the personal information to its database, which is confidential and will be treated in accordance with the Data Protection Act.
• Personal information may be used to execute the competition and the award ceremony. In this context, the Provider is entitled to provide personal data to third parties involved in the relevant competition (including suppliers, advertisers, sponsors and/or producers). Moreover, the participant gives permission to the Provider to keep him/her informed of the products and/or services of the Provider, its partners (including sponsors, manufacturers and advertisers) and carefully selected companies.
• Use of the awarded prize is at the expense and risk of the winner. The Provider can not be held liable for use of the prize by the winner under the General and/or specific conditions for competitions.
• The Provider is in no way responsible for any damages arising from participation in the competition or for any technical malfunctions, failures or delays with respect to participation in the competition or the appointment of the winner.
• The Provider is in no way responsible for any problems or defects arising from the use of the Website and/or downloading any components whatsoever in relation to the competition.
• The Provider has the right to disqualify participants if he believes that the participants are not acting in conformity with the General and/or specific Terms and Conditions Competitions or if the participant is otherwise fraudulently accessing the competition or unfairly influencing the course of the competition.
• The Provider is entitled to, at its discretion and without notice, change or modify these terms and conditions specific to the competitions for the duration of the contest and without giving a reason to discontinue, modify or adapt the competition for reasons of its own without any obligation to compensate any damages on behalf of the participant. Any changes or adaptations within the competition, will be made public in an appropriate manner (e.g. via its website).
• If one or more conditions of the General and/or specific terms and conditions competitions are void or invalid, this will not affect the validity of the remaining conditions of the General and/or specific Terms and Conditions Competitions.
• When the General and/or specific Terms and Conditions Competitions differ from those determined in the Specific Terms and Conditions Competition, the specific Terms and Conditions Competition prevail.
• The competitions and other promotional activities of the Provider need to adhere to the Gaming Act and the terms and conditions of the Promotional Gambling Code.
• Any questions, complaints or comments about the competitions can be made in writing. Send them in a sufficiently stamped envelope to VMware Benelux, Orteliuslaan 8503528 BB Utrecht, The Netherlands. Please always include the name of the competition. The Provider will answer as soon as possible.
These conditions were last modified on 1 June 2017