I. THALYS COMPETITION RULES
"Competition Food Event"
ARTICLE 1- Purpose
1.1 THI Factory SA (hereinafter called the "Competition Organiser"), with its head office located at Place Marcel Broodthaers 4, 1060 Brussels, Belgium, registered with the Crossroads Bank for Enterprises under n°0541.696.005, RPR Brussels, is organising a "Food Event" competition with no purchase required (hereinafter called the "Competition"), whose general terms and conditions of participation are described in these rules (hereinafter called the "Rules").
1.2 The Competition will run from 30 October 2017 at 00:00am to 05 November 2017 at 11:59pm (hereinafter called the "Competition Period").
1.3 The Competition will take place in the following countries: France, Belgium, the Netherlands and Germany (hereinafter called the "Thalys Countries").
1.4 Except as stated in Article 3 of these Rules, Participants should not send any correspondence to the Competition Organiser, nor attempt to telephone or communicate with them in any other way during the Competition Period or afterwards.
ARTICLE 2 – Terms and conditions of participation
2.1 Participation in the Competition is free with no obligation to purchase.
2.2 Participation in the Competition is open to anyone over the age of 18, duly registered with the Thalys Inside Panel, who purchased a Comfort 1 Thalys ticket between 15 May 2017 and 31 May 2017 inclusive, who travels at "off-peak hours" (that is, outside of Breakfast, Lunch and Dinner hours) and resided in a Thalys Country during the Competition Period, with the exception of employees (contractual or seconded) of the Competition Organiser and any persons involved in the organisation of the Competition (including marketing/communication agencies, advertising and marketing advisers, etc.) as well as their immediate family members and persons living under the same roof as them.
2.3 Employees of Thalys' parent rail companies and partners (i.e. DB, SNCB, SNCF and NS), and their immediate family members, are also excluded
ARTICLE 3 - Participation requirements
3.1 Only Participants with an Internet connection will be able to take part in the Competition.
3.2. In order for their participation to be valid, Participants must:
click on the personalised link in the invitation email sent to the Entrant's email address provided during registration on the Thalys "Food Event" Panel,
- Describe the importance of food in day-to-day life by answering the following questions:
1) For you, the preparation of a good meal means what?
(Several answers are possible)
a. Very simple, no preparation, going to a restaurant or having a meal delivered;
b. Choosing products very carefully;
c. Enhancing the products by changing how they are cooked, adding a sauce or just a pinch of sea salt;
e. Other: please specify.
2) What is your favourite vegetable dish? Why?
3) Do you have a food blog?
If yes, please specify:
4) Tell us about your links with gastronomy? Why should we choose you to take part in the launch of our new food service?
3.3 Each Entrant is responsible for the completeness and accuracy of the information provided on the entry form. Thalys reserves the right to verify the accuracy of the information provided by Entrants.
3.4 A single participation (per IP address) is taken into account per Participant. In the event that more than one entry is submitted, only the first one will be taken into account. Participants agree that the creation of fake email addresses to optimise their chances of winning will result in immediate disqualification from the Competition.
ARTICLE 4 - Winner selection
4.1. The Competition Organiser will select 20 winners on 06 November 2017(referred to below as the "Winners") from among the Entrants, whose entry has been duly accepted and whose "Idea" given in response to question 4 in Article 3.2 of these Rules is both original and interesting. Winners can only be chosen once by Thalys. Once they have been selected, they can no longer participate in the Competition.
4.2 Thalys will contact each Winner by email (provided during their registration on Thalys' "Food Event" Panel) in order to explain the process for awarding the prize.
4.3 The Organising Company reserves the right to exclude a Participant at any time if they do not comply with these Rules, notably if they provide false information or in the event of abuse, deception or fraud during their participation. The Competition Organiser's decision in this respect is final.
ARTICLE 5 – Prizes awarded to the Winners
5.1 The prize awarded to each Winner consists of:
- Prize #1 consists of:
§ Two tickets to attend the Food Event on 14 November 2017 at the Bar à Bulles in Paris,
§ If the Winner lives in a country other than France, one (1) Thalys return ticket for two people by Thalys Premium (from a station served by Thalys to Paris), plus one night for two people in Paris at a hotel reserved by Thalys.
§ Total prize value: from €293 to €469 including VAT, depending on the Thalys tickets required.
5.2. The Prize cannot be transferred, exchanged or redeemed in cash. Therefore, under no circumstances may financial compensation be requested in place of the Prize awarded. The Competition Organiser can replace one (or more) of the prizes announced with another (or other) prize(s) of at least the equivalent value if outside factors force this.
5.3. The Competition Organiser will contact each Winner by email (provided during registration with the Thalys Inside Panel) to determine the process for awarding the prize. The Competition Organiser will ask the winners to validate their postal address within a month of receiving the email. In the event that they do not respond or do not meet the one-month deadline, the Competition Organiser reserves the right to keep the prize or to award it to the next Participant with the most-recently published application, in accordance with Article 4.1 of these Rules.
5.4. The Prize is indivisible and must be accepted as it is given. The Competition Organiser cannot be held responsible for any accidents or damages directly or indirectly related to the prizes won. In addition, the Competition Organiser does not provide any guarantees regarding the usefulness or quality of the prize.
5.5. Other than the prize awarded to the Winner, no other rights, including intellectual property rights, are transferred to the Winner.
ARTICLE 6 – Expenses
6.1. Competition participants may obtain free reimbursement of Internet connection costs, exclusive of all other Competition costs, by making a written request to the Competition's postal address. The Competition address is: THI Factory S.A., Place Stéphanie 20, 1050 Brussels, Belgium
6.2. Postage costs paid by Participants for reimbursement requests will be reimbursed at current second-class post rates when a request is included to this effect with the request for reimbursement of Internet charges.
6.3. Given that under current service offers and technical capacities, some Internet service providers provide Internet connections free of charge or as part of an all-inclusive price for Internet users, it is specifically agreed that access to the website on a free-of-charge basis or as part of an all-inclusive price (by cable, ADSL or specialist connection, etc.) shall in no event be reimbursed, inasmuch as subscription to the service provider's services is in this case part of a contract entered into by the Internet user for overall Internet use, and that the fact that the Participant connected to the website and took part in the Competition does not incur any additional expenses or outlay for them.
6.4. For Internet connections that are invoiced on a pro rata basis according to use, the cost of connecting to the site to participate in the Competition will be reimbursed by bank transfer only upon written request from the Participant.
6.5. To obtain reimbursement of the connection fees and postage for their refund request, Participants must submit a written request to the Competition address on plain paper containing the following:
• Surname, first name, personal postal address and email address
• A photocopy of their identity card
• The dates, times and durations of the connections to the site
• A copy or copies of the details of the invoice(s) from the telephone service and/or access provider to which they subscribe, showing the dates and times of connections to the site
• The Participant's bank account details. Refunds will be made by transfer only.
6.6. Participants (same name, same address) may only make one reimbursement request for the duration of the Competition. Reimbursement will be made on a fixed basis of two minutes flat connection, that is, €0.45, tax included, per questionnaire completed. Refunds will be made within two months.
ARTICLE 7 – Acceptance of the Rules
7.1. By taking part in the Competition, the Participant implicitly acknowledges having read, understood and accepted these Rules and the Thalys Privacy Statement.
7.2. Any complaints relating to the Competition must be sent in writing to the address in Article 6.1 of these Rules within 15 working days of the last date of the Competition. Complaints will not under any circumstances be dealt with verbally or by telephone. Complaints which do not comply will not be processed.
ARTICLE 8 – Rule changes
8.1. The Competition Organiser reserves the right to modify the Competition rules and to suspend, shorten or cancel the Competition at any time and without prior notice without having to provide an explanation or compensation to Participants or third parties. As a result of their participation in the Competition, participants are automatically bound by any changes made to the Rules.
8.2. The Competition Organiser cannot be held liable for the suspension, postponement, modification (including changes to the Prizes awarded) or cancellation of the Competition in the event of Force Majeure, or, in general, of unforeseeable circumstances or circumstances beyond its control, and no compensation shall be owed to Participants on account thereof. The Competition Organiser has absolute discretion in this respect and its decisions are final.
Article 9 - Protection of personal data
9.1 Without prejudice to the provisions of Article 10 of these Rules, the data provided by each Participant at the time they registered for the Competition will be used and kept to ensure that the Competition runs smoothly and to award the prizes to the Winners.
9.2. During the Competition, the personal data provided by Entrants will be processed by Thalys, in accordance with Thalys' privacy statement, available at the following address : https://www.thalys.com/fr/fr/declaration-confidentialite-thalys.
9.3. Personal data provided for the purposes of the Competition will not be shared with third parties for commercial purposes without the consent of the person in question. They may, however, be provided to natural persons or companies with a direct relationship to the Competition Organiser and to other services or companies associated with the Competition Organiser for the purpose of subcontracting data processing for the Competition.
9.4. In all other cases, the provisions of the Competition Organiser's Privacy Statement are applicable to the processing of data obtained for the Competition.
ARTICLE 10 – Intellectual property
10.1. Participants accept and acknowledge transferring to the Competition Organiser all intellectual, artistic and other rights associated with the Competition including, but not limited to, the right to reproduce, represent, modify, transmit, publish, disclose and adapt on any media and by any means whatsoever. The rights are transferred worldwide for the duration of the protection period defined in the law applicable to intellectual property rights.
10.2. Participants therefore expressly agree without reservations that the information provided in Article 3.2. (i.e., including, but not limited to, messages, photos, etc.) can be used on any media chosen by the Competition Organiser for press releases as well as for any commercial communication (internal or external), whether in paper and/or electronic form, which the Competition Organiser may use at a later date. This authorisation is granted free of charge from the time the Participants give their consent.
10.3. The Competition Organiser reserves the right to delete all content defined in Article 3.2 which does not comply with the terms and conditions of participation, and if applicable, the right to definitively exclude from the Competition any Participants posting photos and/or messages of a pornographic, racist, violent, sexual or commercial nature or any other form of propaganda contrary to the interests of the Competition Organiser.
10.3. The Participants expressly declare that they have obtained from all third parties involved, directly or indirectly, in any capacity whatsoever, all authorisations and rights required for the use, reproduction or representation of any content as defined in Article 3.2 for the purposes of this Competition.
10.4. In accordance with the laws in effect governing intellectual property rights, the reproduction or representation, without the prior written authorisation of the Competition Organiser, of any or part of the elements of the Competition is strictly forbidden.
10.5 Participation in the Competition does not provide or transfer any intellectual property rights to Participants.
ARTICLE 11 – Filing and availability of the Rules
11.1. These rules have been filed with the firm of Maître Jérôme LEGRAIN – Huissier de Justice - 66, avenue des Champs Élysées, which has been entrusted with validating its implementation.
11.2. These rules are available to Participants in full and free of charge at: http://www.thalysinside.com/en/reglement-du-jeu-concours
They can also be sent free of charge to anyone who sends a written request by post to the following address: THI Factory S.A., Place Stéphanie 20, 1050 Brussels, Belgium
11.3. In this case, the postage will be refunded by mail at current second-class post rates, if the Participant makes an explicit request in their letter and includes their banking information.
ARTICLE 12- Miscellaneous
12.1. If any of the provisions of these Rules are declared illegal, null or non-binding, in full or in part, by virtue of applicable law, the provision will no longer be part of the Rules. The legality, validity and binding effect of all other provisions of the Rules will remain in effect. Any breach of the Rules and any attempt at fraud and/or cheating shall result in the immediate exclusion of the Participant from the Competition.
12.2. No claim may be brought against any of the Organisers of the Competition on the grounds of a misprint, spelling mistake, typographical error or any similar error.
12.3. The Competition Organiser cannot be held liable for technical problems in relation to the https://thalysinside.com website and/or the computers in stores and/or the electronic mail system - Internet problems. The Competition Organiser cannot be held liable for any problems related to equipment configuration and/or software and/or computer communications.
ARTICLE 13 – Applicable law
13.1 These competition rules are governed by Belgian law, without reference to conflict of law provisions. The Participant accepts that any legal action arising from participation in the Competition or regarding the Competition rules will be of the exclusive jurisdiction of the courts of Brussels (Belgium), unless there is a provision to the contrary, and agrees to submit to the jurisdiction of any such court for the purposes of such action.