Win Free Swag Competition Terms and Conditions

Terms and Conditions and Data Protection Provisions for the Competition

The competition ’Win Free Swag’ is organized by Bahlsen LLP, Chiltern Park, Chiltern Hill, Chalfont St Peter, Gerrards Cross SL9 9FG ("Bahlsen"). The agency Abstrakt Creative Ltd ("Abstrakt") has been commissioned with handling the winners data via a data capture form, which will be supplied to Bahlsen to facilitate the sending of the prize products.

1. Timeframe and Procedure

You can participate in the competition in the period from 31st of October to 21st of November 23:59 GMT.  All entries received after the closing date will not be accepted.

The following steps are required for participation ("Registration"):

  • Purchase a qualifying promotional product from any Sainsbury's store in the UK. Qualifying products are: PiCK UP! 5pk Original, PiCK UP! 5pk Dark, PiCK UP! 5pk Salted Caramel, PiCK UP! 5pk Hazelnut, PiCK UP! 5pk Choco & Milk, PiCK UP! Minis. Keep your itemised receipt as proof of purchase.
  • Visit the promotional microsite at http://win.pickup.de/
  • Enter your full name, email address, and upload a clear photograph of your full, itemised receipt showing the qualifying purchase.
  • Accept these terms and conditions including the data protection provisions.

You are responsible for the accuracy of the data provided during registration. Neither Bahlsen nor Abstrakt assumes any responsibility or liability arising from the inaccuracy or incompleteness of this data, which may, for example, lead to you not receiving the prize.

Participation is free of charge, with the exception of the transmission costs incurred during registration.

2. Eligibility Requirements

All persons with full legal capacity who are 18 years of age or older at the time of registration and have their residence in the UK are eligible to participate. Bahlsen reserves the right to request proof thereof.

Each participating person may register multiple times in their own name to participate in the competition as long as they can provide a receipt proving the purchase of one of the listed qualifying products. Each receipt may only be used once. Each participating person is eligible to win once per entry/per uploaded receipt.

Competition clubs and automated competition services are excluded from participation. Commercial participation or participation mediated by third parties is also not permitted.

Employees of Bahlsen Abstrakt  or subsidiary companies, as well as all persons involved in the conception and implementation of the competition, and their relatives and partners in the same household, are excluded from participation.

No prizes will be distributed to such excluded persons who participate nevertheless.

Bahlsen reserves the right to exclude persons from participation if there is a suspicion that they are using illicit aids or otherwise attempting to gain advantages for themselves or third parties through manipulation. This also includes providing false personal data. In such cases, prizes may also be revoked and reclaimed retroactively.

3. Prizes

After the end of the competition, the prizes will be drawn at random from all persons who have validly participated in the competition. A total of 101 winners will be selected. The prizes are as follows:

  • Grand Prizes: 1 winner will each receive "a year's supply of Bahlsen biscuits". This prize consists of 24 x Bahlsen Pick Up! 5-packs. The Promoter reserves the right to determine the flavour variants sent. The prize will be sent as a single shipment to the winner's provided UK address.
  • Runner-Up Prizes: 100 winners will each receive one (1) PiCK UP!-branded tote bag.

The prizes are non-transferable, non-exchangeable, and there is no cash alternative. The Promoter reserves the right to substitute a prize of equal value in the event of unforeseen circumstances.

4. Prize Notification and Dispatch

The winners will be selected via a verifiable random computer process from all valid entries received during the Promotional Period. The draw will take place within 10 working days of the closing date.

Winners will be notified by email to the address provided on entry within 28 days of the draw. Winners must respond to the notification email to claim their prize within 14 days of the notification being sent.

If a winner does not accept the prize within the 14-day period, or is ineligible, the Promoter reserves the right to disqualify that winner and award the prize to a reserve winner selected in the same manner.

Prizes will be dispatched at Bahlsen’s expense to the winners' provided UK postal addresses within 28 days of winner verification. The risk of accidental loss and accidental deterioration passes to the participant as soon as Bahlsen has handed over the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment.

Should the provided data be incorrect (e.g., invalid postal address), neither Bahlsen nor Abstrakt are obliged to search for correct addresses or other data. The disadvantages arising from the provision of incorrect data shall be borne by the participating person. Bahlsen expressly reserves the right, in the event of such an impossibility of contact or transfer, to declare the prize forfeited for the person concerned and to award this prize to another participating person who is also determined by random draw.

5. Data Protection Provisions

5.1. Data Collection through Participation in the Competition 
The legal basis for the processing of personal data is Art. 6 (1) (a) GDPR, insofar as you have consented to the processing of the data, or the processing is necessary for the performance of a contract (Art. 6 (1) (b) GDPR).

When you participate in the competition via registration in accordance with the terms and conditions, the following data is collected, stored, processed, and used (collectively "Participant Data"):

  • First and last name, postal address (street, house number, postal code, city), email address, date of birth; for participation via the internet, also the IP address and the time of registration.
     

5.2. Use of Participant Data within the Scope of the Competition 
All participant data is stored electronically. The collection, storage, and processing of participant data are carried out by Abstrakt and Bahlsen. A further disclosure of participant data to third parties does not take place.

Your participant data will be treated confidentially, used exclusively for the proper execution of the competition, and deleted as soon as it is no longer required to achieve this purpose, unless you have given consent for advertising (see section 5.3 below). Insofar as the participant data is subject to tax and commercial law retention obligations, it will be stored for the duration of the retention periods of ten years, regardless of the above regulation, and then deleted, unless you have consented to further storage or the further processing of the data is necessary for the establishment, exercise or defense of legal claims. The legal basis for the processing of personal data for the purpose of fulfilling legal archiving and retention obligations is Art. 6 (1) (c) GDPR.

5.3. Consent for Advertising Purposes
You can declare your consent to receive marketing messages from Bahlsen by email or post by checking the corresponding box.

This consent is voluntary and not a prerequisite for participation in the campaign. Bahlsen's marketing messages are sent at irregular intervals and inform about promotions and new products from Bahlsen. A transfer of your participant data to third parties does not take place in this context either.

Insofar as you declare your consent to receive marketing messages, the participant data will not be deleted after the proper execution of the competition.

5.4. Right to Information
You have, among other things, a right to information about the use of your participant data by Bahlsen or Abstrakt. Upon request, you will be provided with complete and free information about the stored data concerning you at any time. For this, an informal email to info@Bahlsen.com is sufficient. If necessary, however, we may ask you to identify yourself as the person entitled to receive the information.

5.5. Right of Withdrawal
You can revoke your consent to the use and storage of your participant data at any time without giving reasons. This applies in particular with regard to the consent to receive marketing messages; the consent can also be revoked only in this respect.

For the withdrawal, an informal email to info@Bahlsen.com is sufficient. In the same way, you can also request the correction of your participant data.

In the event of a withdrawal, your participant data will be deleted immediately. The withdrawal and the successful deletion of your participant data will be confirmed to you by email upon request.

If the withdrawal occurs before the complete execution of the competition, further participation in the competition and, if applicable, the sending of a prize are thereby excluded. This does not apply if a withdrawal is made only with regard to the consent to receive marketing messages.

5.6. Other Rights Regarding Personal Data
In addition to the rights to information and withdrawal mentioned above, participants have the right to request the rectification, transfer, restriction of processing, blocking, or erasure of personal data (Art 16, 17, 18, 20 GDPR). For this, an informal email to info@Bahlsen.com is sufficient.

Should you be of the opinion that the processing of your personal data violates applicable data protection regulations or that your rights under data protection law have been violated in any other way, you can contact the company's data protection officer in confidence at any time at datenschutz@Bahlsen.com. Furthermore, you have the right to lodge a complaint with the competent supervisory authority (in accordance with Art. 77 GDPR).

5.7. Further Information on Data Protection
In addition, the provisions of Bahlsen's data protection declaration apply, which can be viewed at any time at https://www.bahlsen.com/de/de/datenschutzerklaerung. There you can also read about the further rights regarding the personal data concerning you according to Art. 15 et seq. GDPR.

6. Applicable Law, Exclusion of Legal Recourse

These terms and conditions shall be governed by English law,  to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory statutory provisions oppose this.

Legal recourse is excluded. The decisions of Bahlsen in connection with the competition are final and not contestable.

7. Contact

All questions, comments, or complaints regarding the competition should be addressed to Bahlsen at info@Bahlsen.com.

8. Liability

The decisions of Bahlsen in connection with the competition are final and not contestable. Claims for damages against Bahlsen, its employees, and vicarious agents and/or affiliated companies related to the competition are excluded. Furthermore, Bahlsen, its employees, and vicarious agents and/or affiliated companies are not liable for damages arising from the impairment of the availability of the competition website due to technical disruptions and force majeure events beyond its control, as well as disruptions caused by third parties. However, Bahlsen will undertake all reasonable efforts to ensure the reliability and functionality of the competition website. Furthermore, Bahlsen is not liable for the competition website functioning properly on the respective participant's computer. Bahlsen and Abstrakt also assume no liability for data loss, especially in the course of data transmission, other technical defects, and the correct transmission or sending of the "Glückscodes" (lucky codes).

The foregoing limitations of liability shall not affect liability for intent and gross negligence, as well as liability under the Product Liability Act. The same applies to liability for damages from injury to life, body, or health and insofar as Bahlsen has fraudulently concealed a defect or has assumed a guarantee of quality.

9. Miscellaneous

Bahlsen reserves the right to change, suspend, or terminate the competition at any time without prior notice, if this is necessary or if the implementation and/or handling of the competition cannot be guaranteed for legal and/or factual reasons. Should such a change or termination be caused by the behavior of a participant, Bahlsen is entitled to demand compensation from this person for the damage incurred.

Should individual provisions of these terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby.