Fitbit Competition terms and conditions
|The terms and conditions in a nutshell:
Welcome to the “TREK” Competition (which is referred to as the “Competition” hereinafter).
Before you enter the Competition though, we would like to make some arrangements with you on how you can participate in the Competition, which prizes you may expect, how these will be awarded, which data we need from you to participate in the Competition, and so on. These arrangements are set out in the present terms and conditions (indicated as the “Terms and Conditions“) and we would like to ask you to carefully read through them and only participate in the Competition when you fully understand them and agree with them.
You can find the Terms and Conditions via www.eattrek.com/fitbit/terms.
When you participate in this Competition, we assume that you have agreed with these Terms and Conditions.
For all elements of the Competition that are not expressly governed by these Terms and Conditions, the Organizer (as defined below in section 1) reserves all rights to take all measures necessary for a good organization of the Competition. The Organizer reserves the right to change these Terms and Conditions from time to time when it deems this necessary.
1 Identity of the Organizer and contact details
The Competition is organized by Natural Balance Foods Ltd, a private limited company organised under UK law having its registered offices at 45 Grosvenor Road, St Albans, AL1 3AW, UK and with company number 05083700 (for ease of reading, we will call ourselves “Organizer” throughout this document).
For any question in relation to the Competition, you can contact us by e-mail at [email protected]
The Competition is open for natural persons only, acting for purposes outside their business or profession.
The Competition is not open for: (a) employees of the Organizer, (b) members of the Organizer’s board, (c) any person who has cooperated directly or indirectly with the drawing up, the organization, the implementation and/or the management of the Competition, (d) members of the jury, and (e) each of the foregoing categories’ family members in the first and second remove
The Organizer reserves the right to exclude any participant from the Competition and/or not to attribute the prize, and/or to cancel all or part of the Competition, without any liability on the part of the Organizer, in case of breach by a participant of these Terms and Conditions and/or if the Organizer, in its sole discretion, believes that the participant has acted or has the intention of acting in a dishonest or fraudulent manner, or in bad faith.
In particular but without limitation any use of robots or any fraudulent, dishonest or bad faith system, device, manoeuvers or any conduct, allowing for example and without limitation, to play automatically and/or increase chances of winning, is prohibited. The Organizer may bring a claim and/or bring charges against the authors of such conducts.
In case of sanction or claim, the participants will have to provide that they have adopted a conduct that conforms these Terms and Conditions.
At any time participants may be asked to submit proof of their identity, residence, and age.
By entering and participating in the Competition, the participant confirms that he/she is eligible to do so and eligible to claim any prize he/she may win subject to these Terms and Conditions. The Organizer may require the participant to provide proof that he/she is eligible to enter in the Competition and the participant consents to the Organizer having the right to conduct identity checks on the participant in case of a win. The participant will fully indemnify the Organizer for all losses, expenses, costs or damages resulting from his/her non-compliance herewith.
3 Duration of the Competition
The Competition will run from 6 September 2021 at 00:00 CET and closes on 26 November 2021 at 23:59 CET.
Any submissions after this date and time will not be taken into account for the selection of awarding the prize(s) and will be automatically disqualified.
4 Participating in the Competition
Participation in the Competition is only possible via the internet, either from a mobile device or computer, through the website www.eattrek.com/fitbit. Internet access and e-mail account is required in order to participate to the Competition.
You can participate in the Competition by purchasing a pack of TREK FLAPJACKS with ‘WIN’ packaging (which is referred to as the “TREK Flapjacks” hereinafter). After purchase, just enter the code mentioned on the TREK Flapjack on the website www.eattrek.com/fitbit to find out immediately if you have won. Purchase and checking the code must be done between 6 September 2021 at 00:00 CET and closes on 26 November 2021 at 23:59 CET
A total of 200 winning TREK codes will be fairly and randomly distributed amongst TREK Flapjacks. Winners will be required to keep the winning TREK Flapjack as proof to validate winning the Prize.
There is no limit on the entries per person (person means same first name, same last name and same day of birth). Each new entry will require to follow the above-described process. While we want to encourage you to participate and enjoy the benefits of the promotion, please be responsible when eating or drinking our products. DON’T buy more product than you can reasonably use or consume just so that you can take part in this Competition.
5 Prize Claiming and Prize Acceptance
If you’re lucky enough to have purchased a Trek Flapjack with a winning code, you will need to register your details on the website: www.eattrek.com/fitbit between between 6 September 2021 at 00:00 CET and 31 December 2021 at 23:59 CET inclusive (the ‘Claim Period’). Then you must send in your winning packaging in an envelope to TREK (Address: FREEPOST NBF) with your name, full postal address and email address in it. Make sure you do this. Any claims received that don’t meet these requirements or are received after the Claim Period, will be void and invalid.
Once the lucky winners have confirmed their eligibility and acceptance of a Prize (“Prize Acceptance”), they’ll be notified within 28 days of Prize Acceptance to arrange its delivery. In the unlikely event that a Prize doesn’t arrive within 28 days of Prize Acceptance, the winner will have a further 28 days to inform us by emailing [email protected] In the event that a winner doesn’t let us know within this time frame, we reserve the right to not reissue the Prize or to limit its value at our sole discretion.
There are in total 200 winners. Each winner will win 1 Fitbit Versa 3 Black
You can’t transfer the Prizes to someone else or exchange it for a cash alternative.
If, for reasons we can’t control, a Prize is no longer available, we’ll offer you an alternative Prize which we hope you’ll still love but which will definitely be of equal or greater value.
A participant cannot win more than one prize. The winners are solely and fully liable for the use of their prize. The Organizer will not be liable for any defect or issue with the prizes or for any incidents or accidents that could occur to the winner(s) during or because of the use or the possession of the prize.
The Organizer will act in accordance with existing data protection laws in order to respect your privacy and to protect the personal data you provide us with. The below provisions explain the manner in which we will deal with your personal data, when you intend to participate in the Competition. By participating in the Competition, you agree to the manner in which we collect and process personal data, as described below.
In order to participate in the Competition, we will ask you to provide us with your name, email address and the store where you purchased the winning pack. After the prize acceptance, the winner will be contacted and may be required to provide additional contact details such as a valid and full home address, telephone number in order to deliver the prize.
We use the information that we collect about you to allow you to participate in the Competition and to contact you in case you have won a prize. Provided that you explicitly agreed by checking the opt-in, your collected personal data may be used for informing you about future products from and/or other promotional campaigns run by the Organizer, in that case we will keep your personal data until you unsubscribe form our newsletter. In other cases, the information collected about you will only be used in the framework of the Competition and will be deleted within one month after the end of the promotional campaign. By providing us with your personal data, you explicitly agree that we have the right to store these personal data for the aforementioned purposes.
On the website, the Organizer also makes use of “cookies”: small bits of information that are stored by the browser on a device. The cookies are used for marketing and targeting purposes. Although cookies may be turned off, this may make the website unusable.
The participant has the right to access its personal data and correct, oppose or have deleted any errors free of charge. It can exercise these rights by contacting the Organizer via the contact details that are provided in section 1 of these Terms and Conditions.
8 Limitation of liability
The Organizer cannot be held liable in the event specific circumstances require the Organizer to modify or annul the Competition and/or the prize.
The Organizer may not be held responsible in any way for whatever incompatibility between the used mechanisms or technologies for the Competition and/or the delivery method, postal services or software configuration used by the participant. The Organizer does not and cannot warrant the good functioning of software developed by third parties nor the provision of any other third party offline services. Nor can Organizer be held responsible in any way for whatever operational, technical and/or technological problem or intervention (including, without limitation, communication and internet lines, software issues, connectivity issues, postal issues etc.), or for any other problem that results in the impossibility or hindering to participate in the Competition in any way, including access to the website or to participate in the Competition via the website. The Organizer may not be held responsible in any way for third party actions or for viruses, trojan horses, bugs, errors, malfunctions, or any other technical or technological problems which are directly or indirectly connected to the participation in the Competition, or for any failure of the participant’s equipment (without limitation, hardware, software, internet connection tools, telephone servers…) or for the loss of data that could result from the foregoing, not caused by the Organizer, or for the consequences of such failure on the participant and the participation to the Competition.
The Organizer excludes any and all liability for direct or indirect damages caused by the Organizer in the organization of the Competition.
The participant indemnifies and holds harmless the Organizer from any claims or actions against the Organizer and against any expenses or costs (including legal costs and expenses) incurred in respect of any claim arising from any act or omission by the participant and/or any inconsistency or non-compliance by the participant with these Terms and Conditions.
Participants accept that the data included in the Organizer’s information systems are conclusive proof, unless otherwise proven, in respect of connection data and of information resulting from a computerized processing related to the Competition.
If the details of a participant are not usable and/or if a winner cannot be identified, the winner will not receive the prize or any compensation.
9 Force majeure and severability
The Organizer cannot be held liable for cancelling or postponing shortening, extending, suspending or amending the terms of the Competition due to a force majeure event and/or for any other legitimate reason which is beyond the reasonable control of the Organizer.
If any provision(s) of these Terms and Conditions are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
10 Disputes; Applicable law and competent courts
If you have any complaint or question whatsoever, we would like you to contact us as a first resort to try and solve the problem. Our contact details are set out in section 1 of these Terms and Conditions.
These Terms and Conditions are subject to the laws of England and Wales. Every dispute regarding the validity, the interpretation or the execution of these Terms and Conditions will be subject to the exclusive jurisdiction of the English and Welsh courts.