THE REMBRANDT MOST BEAUTIFUL LOVE STORY CONTEST
TERMS OF PARTICIPATION
BEFORE ENTERING INTO THE ABOVE-NAMED CONTEST (THE "CONTEST"), YOU MUST READ THESE CONTEST TERMS OF PARTICIPATION (THE "CONTEST TERMS") CAREFULLY, AND BY ENTERING INTO THE CONTEST, YOU ACKNOWLEDGE, AGREE AND ACCEPT THAT YOU ARE BOUND BY THESE TERMS.
The Contest is an initiative of Designer Outlet Centre Roermond BV, Stadsweide 2, 6041 TD Roermond, Chamber of Commerce no. 34130579, hereinafter ‘DOC'.
- In these conditions the capitalized words have the following meaning:
'Contest': The contest "Most beautiful love story" with as its ultimate prize the original Rembrandt etching 'Self Portrait with Saskia (II)', 1636.
'Participant': a participant having validly applied to participate, and being admitted by DOC to participate in the Contest. The masculine form in these Terms should be interpreted gender-neutral.
'Main Prize': the original Rembrandt etching 'Self Portrait with Saskia (II)', 1636.
'Terms': these Contest Terms of Participation.
'Week Prize': a EUR 100 shopping voucher of DOC.
- The Contest is organized by DOC. In case of any unclarity or ambiguity in these Conditions DOC will decide. During the Contest DOC shall be entitled to unilaterally change the Terms also without prior notification to (potential) Participants and without being liable towards Participants, however subject to the principles of reasonableness and fairness (good faith).
- A Participant must be 18 years or older. Employees of DOC or any McArthurGlen company, relatives of such employees and/or anybody having been involved in the preparation of this Contest in any way are excluded from participation.
- DOC is entitled to demand identification of a Participant. Refusal to provide appropriate means of identification will lead to exclusion from the Contest.
- Participation is free of charge. Each Participant can only validly participate with one contribution. It is not allowed to send in more than one contribution or to use more than one e-mail address.
- The contribution must be either uploaded as an image or video file (maximum duration: 30 seconds) in conformity with clause 8 hereof. The language must be English. The assignment is to capture the essence of love, preferably based on a real life experience of the Participant.
- A Participant sending in a contribution containing lewd, offensive, sexually explicit, offensive or discriminating language or image, or any other profanity, obscenity or illegal elements will be excluded from the Contest.
- In order to validly participate in the Contest, each Participant must upload his or her contribution via the special Photo Pod in DOC or online via https://www.mcarthurglen.com/en/outlets/nl/designer-outlet-roermond/rembrandt-competition/ between 17th May 2019 and 7th July 2019 at the latest. The winner will be announced on 15th July 2019 on DOC's website and social media.
- Each week a winner is selected for the Week Prize out of the submissions via the Photo Pod at DOC only.
- Weekly winners will be announced latest at Wednesday in the successive week.
- Weekly winners will be notified by email and/or Direct Message on Twitter/Facebook. The names of weekly winners will be published on DOC social media channels.
- If the weekly winners cannot be contacted or do not claim their Week Prize before 12 July 2019, we reserve the right to withdraw the prize from the weekly winner.
- The winning contribution will be determined by a jury appointed by DOC by drawing lots. DOC is entitled to replace a jury member who turns out to be unable or unwilling to (further) fulfil his or her duty. The jury will draw lots independently from DOC. DOC cannot and will not influence the jury and/or the lottery.
- The jury will select one winning contribution by drawing lots and will not communicate externally on the selection process. By participating, all Participants unconditionally accept the outcome of the lottery.
- There is no remedy, complaint, objection or similar procedure for Participants or people having applied to be accepted as a Participant.
- DOC will be responsible for the payment of taxes imposed on the value of the Main Prize and incurred by the winning Participant, subject to the winning Participant's documented declaration. All expenses, handling fees and insurance premiums will be borne by the winning Participant as from acceptance of the Main Prize.
- By participating a Participant warrants and represents to DOC:
- that the Participant has carefully read, understands and accepts these Terms;
- that all information provided in the application to participate or otherwise provided to DOC, including personal information is correct;
- that the Participant is not a minor and fulfils the other conditions of these Terms;
- that the contribution does not violate patents, (un)registered designs, copyrights, database rights or trade mark rights of any third party.
- By participating the Participant grants DOC a royalty-free, non-terminable, unrestricted, non-transferable license to publish and share (parts of) the Participant's contribution on social media and in offline publications for marketing and publicity purposes, irrespective of whether the Participant has won or not. Only the name of the winning Participant will be published.
- The winning Participant grants DOC permission to use his or her name in publicity in relation to the Contest.
- All Participants grant DOC permission to send him or her information on DOC's products, services and marketing activities, subject to the Participants' permanent right to withdraw such permission anytime.
- The jury will announce the winner of the Main Prize on 15th July 2019 and present the Main Prize during an official ceremony in the Designer Outlet Centre in Roermond on or after 1st September 2019 after prior appointment.
- If on any moment (after receipt of the contribution, after having published a winner's identity or even after having handed over a prize) DOC and/or the jury find that an announced winner did not fulfil one or more of the conditions to participate in the Contest, DOC will exclude the Participant concerned retroactively. On DOC's first request, the Participant will be obliged to return the prize to DOC in order to enable DOC to award the prize to another Participant.
- The Main Prize will remain with DOC until 1st September 2019. On or after 1st September 2019, the winning Participant can collect the Main Prize at the Designer Outlet Centre after prior appointment. If DOC has reasonable doubts as to whether the person collecting the Main Prize is or duly represents the winning Participant, DOC is entitled to keep the Main Prize in storage until DOC concludes that full clarity has been provided. If the Main Prize will be collected by a representative, the Participant will provide documentary evidence in advance (such as a notarized power of attorney) of the appointment of the representative and his or her power to collect the Main Prize on his or her behalf.
- The winner will have 6 months to visit the McArthurGlen Designer Outlet Roermond after prior appointment during McArthurGlen Designer Outlets open hours to claim the Main Prize. To claim the Main Prize you must visit Guest Services at McArthurGlen Designer Outlet Roermond. You can also call +31(0)475 351 777. If the winner does not claim the Main Prize within 6 months, the winner will be deemed to have irrevocably forfeited the Main Prize and DOC will have no obligation to award the Main Prize (or the proceeds of a sale thereof) to the winner or any other person.
- The winner of the Main Prize or a Week Prize will have his or her photograph taken and, by participating in the Contest, hereby irrevocably consents to DOC publishing and using, and further irrevocably grants DOC the full right and license without any further compensation, to use and publish his or her name, photograph and likeness, as well as any prize information relevant to the winner, in perpetuity, in any and all media anywhere in the universe, for all business purposes, including advertising or other.
- The Main Prize or Week Prize is not exchangeable for money. If the winning Participant explicitly waives his or her right to receive the prize, DOC will be entitled to either sell the prize and keep the proceeds, or to give the prize to a third party or charity.
- Risk and title to the Main Prize will immediately pass to the winning Participant upon physically handing over the Main Prize to the Participant or his or her representative (even before the Participant or his or her representative has left the premises).
- DOC makes no (and hereby disclaims all) representations, warranties or conditions of any kind, express or implied, regarding the Contest, any Prize or any entrant’s participation in the Contest except as expressly set out in these Terms. DOC shall not be responsible or liable for any loss, damage, cost, or injury that arises from or relates to participation in the Contest, or winning or use of a prize, including but not limited to: (i) late, lost, delayed, damaged, misdirected, incomplete, or unintelligible entries; (ii) telephone, electronic, hardware or software program, network, internet, or computer malfunctions, failures, viruses or difficulties of any kind; or (iii) any other condition that may cause the contest to be disrupted, corrupted or tampered with.
- By participating in the Contest, you hereby release and agree to hold DOC, its prize sponsors, the McArthurGlen Designer Outlets merchants, and their affiliates, directors, officers, employees, representatives and agents (collectively, "Released Entities") harmless from and against any and all claims, costs, injuries, losses or damages (whether due to negligence, breach of contract, tort, or otherwise, and whether or not the possibility of such claims, costs, injuries, losses or damages could have been reasonably foreseen by the Released Entities) of any kind or nature whatsoever, including death and bodily injury and property damage and claims for any direct, punitive, special, indirect, incidental or consequential damages, due in whole or in part, directly or indirectly, to (a) participation in the Contest, (b) the receipt, use or misuse of the prize, (c) printing errors, clerical, typographical or other error in any materials involved in the Contest or in the offering or announcement of the prize or in any notice, and (d) other errors of any kind or nature.
- DOC will handle the Main Prize with the utmost care. If the Main Prize is nonetheless stolen or damaged before DOC will be able to hand it over to the winning Participant, except in case of intent or recklessness all liability of DOC is limited to the amount paid out to DOC by its insurer or, if the insurer refuses coverage, to a maximum amount of EUR 10,000.
- DOC reserves the right to exclude Participants it considers abuse the Contest either by not fulfilling these Terms or acting fraudulently or influencing or trying to influence the outcome of the Contest in undue ways.
- Further, DOC reserves the right to amend these Terms without prior notice or to restrict access to the Contest web pages when it deems such necessary or desirable.
- No parts of the content of the Contest materials and/or publications or these Terms may be reproduced or published without prior written permission of DOC. Liability for typing errors and digital bugs in any publication is excluded.
- The Contest and these Terms are governed by, and the provisions thereof will be construed in accordance with Dutch law. Any disputes between DOC and a Participant will be exclusively submitted to the District Court of Limburg, location Roermond.
DOC, version 05-2019