CONTEST RULES

#MYSMARTMAX

WIN A PERSONALISED SMARTMAX START XL BOX

Article 1: The Contest

The organiser SMART N.V. (hereinafter referred to as the “Organiser”), having its registered office at Neerveld 14, 2550 Kontich, Belgium, with KBO/CBE number BE0448.827.611, is organising the Contest “MYSMARTMAX – WIN A PERSONALISED SMARTMAX START XL BOX” (hereinafter referred to as the “Contest ”). The present Contest rules (hereinafter referred to as the “Rules”) constitute the agreement between the parties.

These Rules govern the terms and conditions of the Contest, set out how it will be run and establish the conditions of participation.

By participating in the Contest, participants undertake to accept these Rules in full and unconditionally, as well as any future decision taken by the Organiser in this regard in order to ensure the smooth running of the Contest, particularly in the case of force majeure.

Each participant is deemed to have read and understood the content of these Rules and to accept them without limitation. Participating the Contest constitutes acceptance of these general terms and conditions. Participants agree to be bound by these general terms and conditions. Any violation of these general terms and conditions by a participant may result in disqualification and/or becoming ineligible for a prize.

Article 2: Conditions of participation

Participating in the Contest does not entail any obligation to purchase a product and is open to any natural person aged 18 or over residing in the Benelux region, France, Germany or the United Kingdom, and persons who, as a parent, submit a photograph of their child (a minor aged between 1 and 18 years old) (hereinafter referred to as the “Subject”) or have obtained the permission of the Subject’s parents.

However, the Organiser of this Contest and anyone involved in organising the Contest may not take part.

One entry into the Contest ballot shall be awarded for each valid entry.

Participants may enter several times, but may only win one prize.

Only prize-winners will be contacted by email between 1 January 2022 and 15 January 2022.

Other participants will not receive any communications regarding the winners.

In the event of deception, abuse or fraud, or if a participant is suspected to have committed one of the aforementioned acts, the participant in question may be excluded from the Contest. The Organiser may not be held responsible for such an exclusion. This applies both in the event of a breach of the conditions described herein and with regard to matters to which general legislation applies.

If, during the duration of the Contest, the Organiser receives a complaint from a parent or guardian of a Subject stating that a photograph was submitted without a participant’s consent by a participant who (seemingly in error) claimed to have obtained consent, the participant in question may be excluded from the Contest and the photograph deleted.

Article 3: Terms and conditions of the Contest

3.1. Only participants residing in the Benelux region, France, Germany and the United Kingdom may enter the Contest, which will run from 00:01 on 16 November 2021 to 23:59 on 31 December 2021.

3.2. Participation in the Contest is free of charge and in no way obliges a participant to purchase a product from Smart N.V.

3.3. To take part in the Contest, participants must have access to the internet and follow the steps set out below. For the sake of clarity, there is no other way to take part (by post, telephone or otherwise).

  • Go to www.smartmax.eu/en/mysmartmax and follow the on-screen instructions.
  • Select the country to which the personalised SMARTMAX START XL BOX should be sent (Benelux, France, Germany and the United Kingdom only).
  • During the Contest period, complete the registration form in full, including ticking the required opt-ins (regarding having read and accepted the Contest Rules and declaring that the participant holds the rights to the photograph to be submitted as a parent of the Subject or as someone who has obtained the Subject’s parents’ or guardian’s consent to t submit the photograph.
  • A digital image (JPEG, JPG or PNG) must meet the minimum resolution of 1200 by 1200 pixels.
  • Once the details have been entered correctly and the photo uploaded, the Organiser will evaluate the entry and approve or reject it. The Organiser may remove a photograph at any time during the Contest subject to the conditions set out in Article 3.4.
  • If the entry is approved, the participant will be notified via an email containing a detailed image of their personalised SMARTMAX START XL BOX as well as a link for the participant to share on their Facebook and Instagram accounts.
  • The 25 participants who receive the highest number of votes for their personalised SMARTMAX START XL BOX on the website www.smartmax.eu will win a prize.
  • The 25 participants selected as winners will be those who receive the highest number of votes for their entry on the website .smartmax.eu.

3.4. Attempts to upload images that are in any way abusive, offensive, pornographic or can otherwise reasonably be considered inappropriate, are strictly prohibited. The Organiser may report such entries to the police if it deems this necessary.

At its sole discretion, the Organiser reserves the right to refuse any images that it considers unsuitable, inappropriate, obscene, derogatory towards others or derogatory towards the Organiser or its brands.

All images uploaded as entries will be reviewed.

Images that:

  • contain defamatory, malicious, indecent, disturbing or other inappropriate content;
  • contain obscene or otherwise offensive content, including nudity (in whole or in part);
  • in the Organiser's reasonable opinion, are likely to cause widespread or serious offence (taking into account prevailing views and standards in society);
  • contain socially irresponsible content;
  • incite violence or excessive risk-taking or anti-social behaviour (rioting or public disorder);
  • incite an infringement of or actively infringe protected intellectual property rights, in particular portrait rights;
  • refer to a child; the uploading of a photo of a Subject without the express consent of their parents or guardian will not be accepted and the entry will be excluded;
  • are uploaded by a participant (other than a parent or guardian) and for which the Organiser receives a substantiated complaint from the parent or guardian;
  • are uploaded and do not meet the required conditions;

will not be accepted and may be deleted.

3.5. By taking part in this Contest, participants declare that:

  • the photographic images they upload do not contain any copyright-protected material and that they have full authority to use the images;
  • they are submitting the image as the Subject’s parent or guardian, or have the express consent of the Subject’s parents or guardian to use said image.

Article 4: Prizes

The Organiser offers consumers the opportunity to receive a personalised SMARTMAX START XL box.

The winners will receive a SMARTMAX START XL box, personalised with the submitted photo. A prize is worth the value of €64.99 (recommended retail price).

Prizes may not be exchanged for cash or other benefits in kind.

Article 5: Allocation of prizes

Prize-winners will be contacted by email between 1 January 2022 and 15 January 2022 and should respond within 10 working days. If a prize-winner does not contact us within 10 working days, they will lose their right to their prize. If applicable, an alternative prize-winner will be chosen by the Organiser based on the number of votes obtained for the submitted photo.

This decision shall be final.

Article 6: Liability

It is the participant’s responsibility to provide the correct personal details when taking part and having the chance to win a personalised SMARTMAX START XL BOX. The Organiser shall not be responsible for a failure to deliver the prize as a result of incorrect information being provided.

Participants may share the image of their personalised SMARTMAX START XL BOX on Instagram and Facebook for the duration of the Contest. The participants are responsible for doing so. Throughout the Contest, the Organiser will only display the images on the website www.smartmax.eu, as this is how votes can be cast.

The prize-winners expressly consent to SMART N.V. using the submitted image pursuant to Article 8.2 of these Rules.

The Organiser may not be held responsible for false or inaccurate statements made by participants when taking part in the Contest.

The Organiser may not be held responsible for technical issues relating to participation in the Contest. The Organiser shall be entitled to cancel or modify the Contest in whole or in part in the event of force majeure, without the participants or any other person being able to claim any compensation.

The Organiser may not be held liable in the event of a breakdown or failure of the means of communication.

Article 7: Protection of personal data

7.1. By participating in this Contest, you acknowledge that your personal data will be collected and processed by SMART N.V., having its registered office at Neerveld 14, 2550 Kontich, Belgium and registered in the Crossroads Bank for Enterprises (KBO/CBE) under the number BE0448.827.611, as the “Data Controller”. Such processing of personal data takes place pursuant to the applicable data protection legislation, and specifically the EU General Data Protection Regulation (“GDPR”) 2016/679 (as well as any other applicable national legislation supplementing or implementing the GDPR).

7.2. Smart N.V. may process the following personal data:

  • personal data of an identifiable nature and personal characteristics such as your name, address, telephone number and email address;
  • the photographic image and first name of the Subject, solely for the purpose of taking part in the Contest and winning a personalised SMARTMAX START XL BOX bearing said photo;
  • social media details (in the case of the prize-winners).

7.3. Your personal data will only be processed for the purpose of your participation in the Contest (and is based on our legitimate interests in organising this Contest). Your personal data will be kept for as long as necessary for this purpose, and in any case for a maximum of one year after the end of the Contest. If you have given your consent to receive direct marketing communications by email, your personal data will also be processed for these purposes until you unsubscribe. We may share your personal data with agencies involved in running the Contest, with our affiliated entities (all located within the European Economic Area and the United Kingdom) and with some of our commercial partners.

7.4. You may request access to the personal data relating to you and, if applicable, you may ask to have any (inaccurate) data rectified or deleted, the data processing restricted or data portability. However, you may only do so if the legal conditions for exercising these rights are met and if proof of identity is provided. Each individual is also entitled, free of charge and upon simple request, to object to the further use of their data for direct marketing purposes. Questions regarding the processing of personal data may be sent to the Organiser at privacy@smart.be.

More information on how SMART N.V. handles personal data can be found in our Privacy Policy on https://smartmax.eu/en/privacy-statement.

Article 8 : Image rights

8.1. Each time you upload photographic images to the website www.smartmax.eu, you declare that:

  • the photographic images you upload do not contain any copyright-protected material and that you have full authority to use the images;
  • you have obtained the express consent of the Subject’s parents or guardians to use the photographic image.

8.2. By submitting photographs, you grant SMART N.V. a royalty-free licence to use said photographs or videos for the purposes of this Contest (including for publicity and news coverage relating to the Contest) and authorise us to use the photographs or videos uploaded [on our social media pages and/or for our promotional campaigns].

You also allow SMART N.V. to modify and/or delete the submitted photos afterwards. You may withdraw your consent at any time (for future use). In addition, you may at any time request that your photos be deleted from our databases, insofar as they contain personal data. Requests and any questions in this regard may be sent to privacy@smart.be.

8.3. You shall fully indemnify SMART N.V. against any and all consequences should (i) it be established that the submitted photographs or videos do not comply with the requirements of these Rules, (ii) it be established that you do not hold the rights to the submitted photographs or videos, and/or (iii) the submitted photographs or videos infringe the rights (including copyright) of third parties in any other way.

Article 9 : Competent courts and applicable law

In the event of any disputes relating to the Contest, Belgian law shall apply (Organiser’s country of residence).

Only the courts of the judicial district of Antwerp shall have jurisdiction should any disputes arise relating to this Contest. They shall solely rule on the dispute, and their decision shall be binding on the participants.

The parties shall nevertheless attempt to resolve any dispute amicably before it is submitted to the jurisdiction of these courts.