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Terms and Conditions of Participation


Instagram Competition ‘designeroutletroosendaal wants you’ 2024

BEFORE PARTICIPATING IN THE ABOVE COMPETITION, YOU MUST READ THESE COMPETITION RULES. BY PARTICIPATING IN THIS COMPETITION, YOU ACCEPT THAT YOU WILL BE BOUND BY THE COMPETITION RULES.

 

If you participate in the competition, the terms and conditions of participation will be deemed to be a legally binding agreement between you and the organiser (as defined below). In particular, by participating in this competition, you agree that the organiser may use the personal information you provide for activities related to the competition in accordance with the provisions in this Terms and Conditions of Participation

Organiser: the organiser of the competition is Designer Outlet Roosendaal,  Rosada 70, 4703 TB Roosendaal, Nederland

Details: The competition will begin at 00:01 (Central European Time) on 1 January 2024 and end at 23:59 (Central European Time) on 31 December 2024 (the competition period).

 

There will be a draw each month. Participants can asof at 00:01 (Central European Time) on the first day of the month until 23:59 on the last day of the month participate in the draw of that month in accordance with paragraph 3.

The prize (a €150 shopping voucher for Designer Outlet Roosendaal) will be handed over after the winner has been successfully contacted.

  1. Eligibility: Only natural persons are eligible to participate in the competition.

The following are not eligible to participate: employees or immediate family members of an employee of the organiser or its promotional partners, or their associated companies, agents, affiliates or subsidiaries, and any person or persons otherwise connected with the administration of the competition who has/have previously won a (different) competition organised by one of the McArthurGlen Designer Outlets in the previous 24 months.

  1. Majority: by participating in the competition, you confirm that you are either (a) 18 years of age or older or (b) a minor and have obtained the consent of a parent or guardian to participate in the competition. In that event, paragraph 8(e) applies mutatis mutandis.
  2. Participation: participation is free of charge. To participate the participant must take a photo at the centre and publish it as a post on his/her Instagram account. The hashtag #designeroutletroosendaal or #RoosendaalOutlet must be used and the account @designeroutletroosendaal must be tagged. At that time the participant automatically participates in the draw of the month in which the photo is published. All valid entries during the competition period will be considered once. By taking part, the participant agrees that the published photo may be used by the organiser and companies affiliated with it in accordance with the rights granted below.

 

  1. Granting of rights:
  • The participant hereby grants the organiser and companies affiliated with it the exclusive right, without any restrictions as regards time, territory or content, to use and exploit the published photo to the fullest extent, including for commercial marketing purposes. The granting of rights expressly covers all known and unknown forms of service offering available on the internet. In particular, the participant grants the organiser the following exclusive rights of use, without any restrictions as regards time or territory:
  • the right to reproduce, make publicly available and distribute, i.e. the right to reproduce the photo and make it publicly available or communicate it to the public, without limitation, using any technical means, in particular by integrating it digitally into the organiser’s website;
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  • the right of communication to the public, i.e. the right to communicate the photo to the public on a commercial or non-commercial basis, in all formats, using all analogue and digital processes and techniques;
  • the right to digitise the photo for the purpose of integrating it into the website and, if necessary, to amend the (format of the) photo in such a manner that it can be placed on the website, while preserving the creator’s moral rights;
  • the right to advertise, i.e. the right also to use the photo in any other media and outside the internet, namely on television and in print media, for the promotion of the organiser’s website.
  • The rights granted also include the use of parts of the photo and use in conjunction with other photos or works.
  • With a view to conducting this competition, the participant grants the organiser the right to use the title of the photo and the name of the participant or the creator of the photo on the organiser’s website and in relevant publicity for the website.
  1. Guarantee of ownership of rights, indemnification of the organiser:
  • The participant guarantees that he/she is the owner of the rights to the photo that are transferred and that he/she is able to effectively grant these rights to the organiser. The participant also guarantees that the photo is free of third-party rights that could conflict with the contractual granting of rights. Furthermore, the participant guarantees that neither he/she nor the creator of the photo will take action against publication of the photo by the organiser. The participant guarantees that the use of the photo does not violate any personal rights of third parties, in particular that persons depicted agree to the use of the photo in accordance with these terms and conditions of participation.
  • The participant will indemnify the organiser, upon first request, against all third-party claims, in particular claims resulting from the infringement of copyright or personal rights, that may be made against the organiser in connection with the exercising of the rights in accordance with these terms and conditions of participation. The participant must inform the organiser immediately of any impairments of the contractual rights that come to his/her attention. The organiser is entitled to take appropriate measures itself to defend itself against third-party claims or to enforce its rights. Any measures that the participant takes him/herself must be agreed in advance with the organiser. The indemnity will also include reimbursing any costs that may be or may have been incurred by the organiser as a result of any legal action/defence.
  1. Prize: 1 shopping voucher worth €150 for Designer Outlet Roosendaal.
  2. Chances of winning: the chances of winning depend on the number of valid entries received by the organiser during the competition period.
  3. Determination of winners:
  • Determination of winners – The winner will be determined after the end of the month in an impartial manner from all valid entries. The organiser will select two posts and its followers will vote for the winner in the organiser's Instagram story. The (authors of) the posts selected by the organiser or the participants related to the selected posts are not entitled to participate in the voting process of the particular month. The organiser determines at its own discretion whether an entry complies with these Terms and Conditions of Participation.
  • Notification of winners – Each winner determined in the manner described above will be contacted within a short time via his/her respective Instagram profile, in accordance with the privacy policy.
  • Acceptance of the prize – Each winner must confirm acceptance of the prize via Instagram and collect the prize in person within 30 days of the draw date. Acceptance will be confirmed in a personal Instagram message. In the event that a winner cannot be contacted, is unavailable or is otherwise unable to receive/confirm acceptance of the prize, the organiser reserves the right to draw another winner from the valid participants. The organiser will make a reasonable effort to contact the winner(s) within the acceptance period referred to above. It is the responsibility of participants to check their junk/spam folder to see if they have received a notification regarding the competition. The prize cannot be paid out in cash or received by post.
  • Identification – Each winner must present valid proof of identity (identity card or passport) when collecting the prize.
  • In the event the winner is a minor, the parent or guardian should also present a valid proof of identity when collecting the prize. The parent or guardian should confirm that he/she has consented the participation of the minor in the competition and that he/she agrees to the issuance of the prize to the minor. In the event that the parent or guardian does not confirm that he/she has consented the participation of the minor in the competition or that he/she does not agree to the issuance of the prize to the minor, the organiser reserves the right not to issue the prize to the minor and to draw another winner from the valid entries.
  • Promotional purposes – Each winner agrees to his/her personal data, more specifically to use of the name of the winner and the winning photo, being collected and processed by the organiser for the purpose of publication on the organiser’s website Each winner may inform the organiser that he/she is withdrawing his/her consent at any time without having to observe any particular formalities. The withdrawal does not affect an eventual consent given before the withdrawal.
  1. Taxes: The organiser is responsible for reporting and paying all taxes, fees and other charges, insurance premiums and handling charges, and any other costs incurred in order to redeem a prize.

 

  1. Disclaimer: the organiser makes no guarantees or representations of any kind with respect to the competition, a prize or a (potential) participant’s participation (or ability to participate) in the competition, except as expressly set out in these competition rules. The organiser does not accept any liability in connection with participation in the competition and is therefore not liable for any damages or other disadvantages that may result from participating in the competition or from winning or using a prize. This does not apply in the event of loss of life, personal injury or damage to health or in the event of damage resulting from intent or gross negligence on the part of the organiser, its prize sponsors or its retailers, or its or their legal representatives or agents, or in the event of liability under the Product Liability Act.
  2. Waiver of rights: by participating in the competition, you agree to waive your right to hold the organiser, its prize sponsors, McArthurGlen Designer Outlets retailers and their respective affiliates and employees responsible for any and all claims of any nature whatsoever arising directly or indirectly on your part from (a) your participation in the competition (b) your receipt, use or misuse of the prize (c) any printing, typographical or other error in any materials relating to the competition, the announcement of the prize or in any other announcements, and (d) any other errors in the competition. This does not apply in the event of loss of life, personal injury or damage to health or in the event of damage resulting from intent or gross negligence on the part of the organiser, its prize sponsors or its retailers, or its or their legal representatives or agents, or in the event of liability under the Product Liability Act.
  3. Trademarks: all trademarks, copyrights and other images displayed are the property of the organiser or its licensors and are used under written or implied licence. The use of third-party materials (including such trademarks) does not imply any business relationship between such third parties and the organiser or vice versa.
  4. Changes: The organiser reserves the right to suspend or cancel the competition, at its sole discretion and without prior notice, or to amend the competition rules, at its sole discretion, in the following situations: (a) in the event of an accident (b) if a printing, administrative or other error has occurred (c) if necessary for the proper conduct of the competition (d) if there is evidence at any time of manipulation or other unforeseen events that may affect the proper conduct of the competition. The organiser will announce this on its website: https://www.mcarthurglen.com/en/outlets/nl/designer-outlet-roosendaal/whats-on/wingame. If any part of a provision of these terms and conditions of participation is invalid or unenforceable, the remainder of such provision will be unaffected and will remain in full force and effect.
  5. General provisions: failure to comply with these competition rules may (at the organiser’s sole discretion) result in disqualification from the competition. This competition and these competition rules are governed by Dutch law. The organiser is not obliged to disclose any information in relation to the competition, including the number of entry forms received, the number of valid entry forms or any other figures relating to the competition, except as required by law or as expressly set out in the competition rules. The organiser will not be liable vis-à-vis any person (including competition participants) for any delays or errors in the performance of the competition caused by any circumstances beyond the organiser’s control, including (but not limited to) internet performance problems, loss or misdelivery of information (including in entry forms), breakdowns or force majeure. The organiser reserves the right to exclude individual participants from the competition if there is reason to suspect that a participant has breached the competition rules or manipulated the competition. Disputes relating to the competition will be settled at the sole discretion of the organiser, whose decision will be final and binding. There will be no right of legal appeal.
  6. Personal data: by participating in the competition, each participant consents to his/her personal data being processed, solely in connection with the competition, in accordance with the organiser’s privacy policy. For further information on the processing of personal data and your rights, please refer to the organiser’s privacy policy on its website: Privacy Policy | Designer Outlet Roosendaal (mcarthurglen.com)