ARTICLE 1. SUBJECT
1.1. The company Smiles NV (hereinafter referred to as ‘Q8 smiles’), with its registered office at Vilvoordselaan 310, B – 1130 Brussels, VAT BE 0720.542.130, is organising a ‘Q8 smiles Scan & Win’ competition on the web page q8smileswin.be with an obligation to purchase (hereinafter referred to as the ‘Competition’).
1.2. These competition regulations (hereinafter referred to as the ‘Regulations’) establish the terms of the Competition, describe how it will take place and lay down the general terms and conditions of participation applicable to the Competition.
1.3. The Competition is being organised from 15 February 2021 at 00.00 hours until 31 March 2021 at 23.59 hours (hereinafter referred to as the ‘Competition period’).
1.4. The Competition is being organised on Belgian territory.
1.5. Barring specific provisions in these Regulations, the participants shall not hold any correspondence or telephone calls or other communication with Q8 smiles during the Competition period or after the conclusion thereof.
ARTICLE 2. TERMS AND CONDITIONS OF PARTICIPATION
2.1. Participation in the Competition is open to all natural persons having reached their majority who are resident in Belgium during the Competition period and are registered in the Q8 smiles programme (Registered means having an active account in the Q8 smiles app and/or on Q8smiles.com) (hereinafter referred to as the ‘Participant’), with the exception of the persons listed below:
- Minors (younger than 18 years);
- Persons who have a direct or indirect legal link with Q8 (members of staff, employees, etc.);
- Persons (members of staff, employees, etc.) who work on the creation of this Competition or are involved in the organisation thereof (including employees of marketing/communication agencies, advertising and promotional consultants, etc.);
- Relatives or members of the households (whether or not related) of any of the aforementioned members of staff or employees (family members in the ascending or descending line, spouses, cohabiting persons, brothers and sisters).
2.2. Q8 smiles may exclude a person from participation in the Competition temporarily or permanently at any time in the event of a breach of (one of) the terms and conditions of participation or in the event of improper use, deception or participation in bad faith in the Competition.
ARTICLE 3. TERMS AND PROCEDURES OF PARTICIPATION
3.1. The Competition shall take place during the Competition period entirely online on the website page of Q8 smiles: q8smileswin.be (hereinafter referred to as the ‘website’).
3.2. Participation in the Competition is subject to a purchase obligation.
3.3. Participants may take part in the Competition several times during the Competition period.
3.4. One play day during the Competition period runs from 00.00 hours to 23.59 hours.
ARTICLE 4. COMPETITION PROCESS - SELECTION OF WINNERS
4.1. The Competition will be organised on www.q8smileswin.be
Participants in the Competition need a unique participant’s code to take part. This unique code is obtained by e-mail upon making a purchase in one of the participating stations. This unique participant’s code gives participants one chance to take part. This code takes the form of a unique link that refers to the competition page. This purchase may take the form of refuelling or a purchase in one of the participating shops.
After opening the unique participant’s link, the participants have to fill in two questions on the competition page. These two questions consist of one knowledge question and one supplementary question.
4.2. The winners will be determined on the basis of a correct answer to the knowledge question and the most correct answer to the supplementary question.
4.3. This Competition is not a game of chance within the meaning of the act of 7 May 1999 on games of chance, bets, gambling establishments and the protection of players.
ARTICLE 5. PRIZES
5.1. Once the Competition is over, the 506 winners will be determined within 30 days:
- 500 winners who receive a €5 coupon in the Q8 smiles environment, in the form of a voucher worth €5, which corresponds to 500 Smiles
- 4 electric scooters from Decathlon
- One year's free fuel, in the form of coupons worth €1,200 in refuelling vouchers
- One electric bicycle of the Cube brand worth €2,499 in the form of a Cube purchase coupon.
5.3. The prizes are non-transferable, non-exchangeable and cannot be redeemed in cash. No financial consideration may therefore be demanded as a replacement for the prizes offered. Q8 smiles may replace one or more of the advertised prizes by other prizes of at least equal value should external circumstances so warrant.
5.4. The prizes are indivisible and must be accepted as they are awarded. Q8 smiles may not be held liable for any accidents or direct or indirect damage related to a prize won. Furthermore, Q8 smiles does not provide any guarantee regarding the usefulness or quality of the prizes.
5.5. Q8 smiles shall contact every winner by e-mail, within 30 days, in order to determine the arrangements for awarding the prize. If a winner does not reply within a period of seven days after Q8 smiles has made contact, the latter reserves the right to retain the prize or to award it to another participant.
5.6. Apart from handing over the prizes to the winners, no other rights are transferred to the winners, including the intellectual property rights.
5.7. The prizes will be delivered to the address given upon participation in the Competition.
ARTICLE 6. ACCEPTANCE OF THE REGULATIONS
6.1. By taking part, the Participant declares that he/she has read, understood and accepts these Regulations without any reservation, as well as the Q8 smiles Privacy statement.
6.2. Any complaint relating to this Competition must be sent to the registered office of Q8 smiles by recorded delivery, addressed to the Marketing Service, at the address indicated above, within seven days of the end date of the Competition. Complaints shall not under any circumstances be dealt with orally or by telephone. Non-compliant complaints shall not be dealt with.
ARTICLE 7. MODIFICATIONS OF THE REGULATIONS
7.1. Q8 smiles reserves the right to modify the terms and procedures of organisation of the Competition at any time and to suspend, shorten or cancel it without prior notification, without any justification or compensation being due to the Participants or to third parties. By taking part in the Competition, every Participant is automatically bound by the modifications to these Regulations.
7.2. Q8 smiles may not be held liable for the suspension, postponement, modification (including the prizes awarded) or cancellation of the Competition due to force majeure or more generally unforeseen circumstances or circumstances beyond its control and no compensation whatsoever may be due to Participants pursuant to this fact.
ARTICLE 8. PROTECTION OF PERSONAL DATA
8.1. The data provided by every Participant in the context of participation in the Competition shall be used and stored to ensure the smooth running of the Competition and where appropriate with a view to awarding the prizes to the winners.
8.2. In the context of this Competition, the personal data of the Participants shall be processed by Smiles NV in accordance with the attached Privacy statement concerning this Competition. Smiles NV is the data controller responsible for the processing of the personal data.
8.3. These personal data shall not be passed on to third parties for commercial purposes without the consent of the person concerned. The data may, however, be passed on to natural persons or organisations that have direct links with Smiles NV and to other services or companies affiliated to Smiles NV, in the context of awarding the prizes for this Competition.
8.4. Participants accept that their e-mail address shall be indicated on any support and via any means for the purpose of communication (internal and/or external) about the Competition.
8.5. For the rest, the provisions of the attached Privacy statement of Smiles NV apply to the processing of the data obtained in the context of the Competition.
ARTICLE 9. INTELLECTUAL PROPERTY
9.1. Q8 smiles holds all intellectual or other property rights relating to this Competition.
9.2. In accordance with the applicable laws on intellectual property rights, the reproduction and display of all or part of the elements of this Competition is strictly forbidden without the prior written consent of Q8 smiles.
9.3. By taking part in the Competition, the Participant acknowledges and accepts, without any reservation:
- (i) and in the event of winning, that his/her surname, first name and place of residence (town/village only) shall be indicated on any medium and via any means for the purpose of communication (internal and/or external) about the Competition;
- (ii) that he/she has no right to prior access or to approval of the communication and/or campaign material in which he/she may be included by Q8 smiles. Q8 smiles does, however, guarantee that the development and use of the communication and/or campaign material will not be contrary to law and order and/or common decency.
9.4. The Participant undertakes not to demand any consideration or compensation whatsoever from Q8 smiles for the aforementioned rights of use and for the transfer of the intellectual property rights, as described in Article 9.3 of these Regulations.
ARTICLE 10. AVAILABILITY OF THE REGULATIONS
10.1. These Regulations are available to Participants in full and free of charge via the following link: q8smileswin.be
ARTICLE 11. MISCELLANEOUS
11.1. If a provision in these Regulations is declared unlawful, invalid or non-enforceable in whole or in part pursuant to the applicable law, this provision no longer forms part of these Regulations. This does not affect the lawfulness, validity and imperative force of the remaining provisions in these Regulations. Any infringement of the Regulations and any attempt at fraud and/or deception shall be punished by the immediate exclusion of the Participant, without the latter being able to claim a prize.
11.2. Printing, spelling, typesetting and all other similar errors may not be invoked as reasons for recourse against Q8 smiles.
11.3. Q8 smiles may not be held liable for any direct or indirect damage that may occur during the organisation of or participation in the Competition or the winning of a prize, irrespective of the cause or consequence of such damage, including damage caused by:
- a) the infringement by Participants of the intellectual property rights of third parties;
- b) the content or personal data provided by the Participant;
- c) technical problems relating to the website q8smileswin.be and/or the e-mail system, or internet problems more generally;
- d) any possible problem connected to the configuration of the hardware and/or software and/or communication of the computers.
ARTICLE 12. APPLICABLE LAW – JURISDICTION
12.1. These Regulations are governed by Belgian law, regardless of the rules on conflict of laws. The Participant accepts that any legal proceedings resulting from his/her participation in the Competition or related to these Regulations fall under the exclusive jurisdiction of the courts of Brussels (Belgium), unless otherwise stipulated by law, and he/she agrees to submit to the competence of the court concerned in the event of such a lawsuit.