terms & conditions (contests)

terms and conditions

1 introduction

1.1 The Prize Draws are operated by Festival van Vlaanderen Brussel, whose registered

office is Sinter-Goedeleplein 5, 1000 Brussels.

1.2 The following terms and conditions apply to free prize draws publicised by Us. Specific entry requirements, Prizes, additional terms and conditions and other details specific to each Prize Draw can be found in competition notices on the “Prize Draw” pages. These Terms and Conditions are in addition to the terms and conditions contained in the Competition Notices (collectively “Terms and Conditions”) and Our privacy policy (available here) which governs how We may use the data We collect from you.

1.3 Please read these Terms and Conditions carefully. These Terms and Conditions set out who can enter a Prize Draw, how the Prize Draws will be run and the circumstances in which We may withhold all or part of the Prizes and/or disqualify you. By submitting an entry for a Prize Draw, you agree to be bound by these Terms and Conditions and agree that if you win, you will grant to Us the right to use your name and/or image in Our publicity as set out below.

1.4 We reserve the right to cancel or amend these Terms and Conditions and/or the Prize Draws at any time without prior notice to the extent that it is reasonably necessary. When you enter a Prize Draw you are deemed to accept the Terms and Conditions at the date you enter. Any amendments to these Terms and Conditions will be posted in the Competition Notice.

1.5 We reserve the right to disqualify you if We have reasonable grounds to believe that you have breached any of these Terms and Conditions.

1.6 The Prize Draws are in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram and if You enter a Prize Draw, You release us from any and all liabilities in connection therewith.

2 eligibility

2.1 To enter the Prize Draw you must:

(a) be able to comply with all the Terms and Conditions; and

(b) be a Belgian resident.

2.3 You can only enter this Prize Draw once. No third party entries, bulk entries or entries submitted by agents will be accepted.

2.4 Festival van Vlaanderen Brussel reserves the right to verify the eligibility of entrants. Festival van Vlaanderen Brussel may request such information as it considers reasonably necessary for the purpose of verifying the eligibility of an entrant and the prize may be withheld until and unless Festival van Vlaanderen Brussel is satisfied with the verification.

3 prize draw entry requirements

3.1 Entries to a Prize Draw must be received by Us between the dates and times specified in the Competition Notice (“Entry Period”). Any entries which are received outside of the Entry Period will not be considered, regardless of the reason

3.2 To enter a Prize Draw, you need to comply with the entry requirements and follow the instructions in both cases, as set out in the Competition Notice.

3.3 We shall be entitled to disqualify any entry which We believe (i) includes false or misleading information; or (ii) otherwise breaches these Terms and Conditions.

3.4 We cannot be held responsible for entries which are lost or corrupted nor for any entries to a Prize Draw which We do not receive as a result of any technical error, however caused. In addition We cannot accept any liability for any difficulties experienced in submitting an entry. Proof of entry or submission will not be deemed to be proof of receipt.

4 selection of winners

4.1 Following the end of the Entry Period for each Prize Draw, We will select Winner(s) at random from all entries for that Prize Draw received which comply with these Terms and Conditions (“Winner”).

4.2 If We notify you that you have been selected as a Winner and you do not acknowledge such notification by the method and within the timeframe specified in the Competition Notice, We shall be entitled to withdraw your selection as a Winner and may select an alternative winner in Our absolute discretion.

5 prize

5.1 The Prize Draw prize will be the prize specified in the Competition Notice ("Prize"), subject to these Terms and Conditions

5.2 Prizes will be sent to Winners in accordance with the Competition Notice, provided always that the Winner has fully complied with his/her obligations under Condition 6.

5.3 There are no Prize substitutions or cash alternatives and the Prize is not transferable.

5.4 Where for reasons outside of Our reasonable control We are unable to deliver to Winners the whole or any part of the Prize We shall have the right to substitute all or part of the Prize offered for an alternative prize which We reasonably nominate.

5.5 Winners and any permitted companions will be solely responsible for all their own expenses, including without limitation travel expenses. We assume no responsibility and are not liable for any costs, charges, expenses or taxes which any Winner may be required to pay at any time in connection with the Prize.

6 winner

You agree that if you are a winner:

6.1 you consent to Us using your name and/or image in Our publicity for the Prize Draws and in such promotional materials as We see fit whether now or in the future, anywhere in the world; and

6.2 you will not resell, offer for hire or otherwise transfer the Prize to any third party.

6.3 you consent to the exploitation by Us (or any third parties We authorise) of your entry in any way We see fit and in any media;

6.4 you agree that you will not be entitled to any payment for such use;

7 final decision

7.1 In all matters Our decision will be final and no correspondence or discussion shall be entered into with you or any other party on your behalf regarding the process or details of such decision..

8 limitation of liability

8.1 We cannot be held responsible for any costs incurred by you in entering the Free Prize Draw. (whether or not such entry is successful) or in relation to you taking part in the Free Prize Draw.

8.2 We will not be responsible for any losses you suffer as a result of Our breach of these Terms and

Conditions unless those losses were reasonably foreseeable to both you and Us at the date you enter the Free Prize Draw.

8.3 For the avoidance of doubt, We will not be liable to you, in contract, tort (including, without limitation, negligence) or otherwise in connection with the Free Prize Draw for:

(a) loss of revenues, profits, contracts, business or anticipated savings or loss of data; or

(b) any loss of goodwill or reputation; or (c) any special or indirect or consequential losses;

however caused.

8.4 Nothing in these Terms and Conditions shall exclude or limit Our liability:

(a) for death or personal injury resulting from Our negligence or a deliberate act or omission of Ours or any of Our officers, employees or agents;

(b) for fraudulent misrepresentation; or

8.5 We will not be liable for any damages or losses as a result of failure by Us to deliver the Free Prize Draw, the Prize or any other prizes as a result of any circumstances outside of Our direct and reasonable control including, but not limited to, as a result of a server failure (including but not limited to access delays or interruptions, data non-delivery or mis-delivery), any act(s) of God, war or terrorism, breaches of security or unauthorised use of personal data arising from hacking and/or failure or lack of reception of telephone or mobile telephone networks.

9 your liability to us and your statutory rights

9.1 You agree to fully indemnify Us in respect of all liabilities, damages, claims, actions, expenses (including reasonable legal fees), demands or costs incurred by Us as a result of any breach by You of these Terms and Conditions including but not limited to any breach of Condition 6.

9.2 Nothing contained in these Terms and Conditions shall affect any statutory rights to which you may be entitled as a consumer.

10 your data

10.1 Your personal data will be used solely in accordance with current data protection legislation and in accordance with Our privacy policy (available via the hyperlink at Condition

1.2 above) which governs Our use of your personal data.

11 governing law

11.1 These Terms and Conditions are governed by and construed in accordance with Belgian law and any dispute arising from them shall be subject to the non-exclusive jurisdiction of the Belgian courts.

12 enquiries

12.1 For all enquiries, comments, feedback or further information please contact info@klarafestival.be. All questions, comments or complaints regarding the Prize Draw should be directed to Us.

12.2 Winners’ names will be made available on receipt of a stamped self-addressed envelope by Us.

12.3 All enquiries regarding the Prize Draws (including requests for the name of Winners) must be received by Us within 28 days of the closing date of Prize Draws as set out in the Competition Notice.