TERMS AND CONDITIONS

REGULATION ART. 11 PRESIDENTIAL DECREE 26 OCTOBER 2001, 430

“WIN A TRIP FOR FOUR TO LONDON” PRIZE COMPETITION

1. PROMOTING ENTITY

The promoting entity is Del Monte Italy Srl, via Fieschi 6/5 – Genoa, Italy – VAT No. and Tax Code: 04486830963; (“Del Monte”). 

The Walt Disney Company Limited, and each of their respective parent, affiliates, and subsidiaries are not responsible for the promotion, administration or execution of the competition or the prize.

2 Delegated party

Delegated company is Promosfera Srl with registered office in Via XXV Aprile 56, 21011 Casorate Sempione (VA), Italy; VAT No. and Tax Code 02250050024.

3 Addressees

The addressees of the competition are exclusively final consumers over 18 years of age residing in Italy, France, Spain, Finland, Sweden, Germany, Poland, Portugal, the United Kingdom and Ireland.

Participants must be at least eighteen (18) years old. Del Monte employees as well as their immediate family members (parents, siblings, spouses and children) and household members are excluded from participation.

Persons involved in any way with the organisation and management of the competition are also excluded from participation.

4 Duration of the competition

The competition is valid from 15 May 2024 (“Start Date”) to 23:59:59 CEST on 30 September 2024 (“End Date”) inclusive (hereinafter “Validity Period”).The winner will be selected by jury by 28 October 2024

5 Promoted products – Objective of the competition

The brand promoted is Del Monte. This competition is conducted with the intention of increasing the visibility of the promoted brand.

6 Participation methods

6.1.1 by scanning the QR code printed on the packaging of a limited selection of Del Monte® fresh fruit products with a tablet or mobile device and completing the special registration form at www.freshdelmontefun.com (to which you are redirected via the QR code)

6.1.2 by completing the registration form directly at www.freshdelmontefun.com

It is specified that both participation methods are equally valid.

Once they have completed the registration form, consumers will be invited to complete a skills quiz consisting of 4 closed-ended questions and upload a scan or photo of an original and creative drawing they have made on the theme ‘what makes you feel joy’.

All those who, after completing the registration form, complete the quiz by correctly answering the proposed questions and upload a valid entry by the end date of the competition, will compete for the prize.

For doubts or support during registration, please write to Contest@FreshDelmonte.com.

Please note: all entries must be received within the validity period mentioned in point 4. No entries will be accepted after the end date of the competition.

Please note that the Promoter reserves the right, at any time, to verify the validity of entries, including the identity of participants, age and place of residence, and to disqualify any consumer who is in breach of these rules.

6.2 Participation limits

It will only be possible to enter the competition once during the entire period.

7 Award procedures

The selection of the winner will be made by a jury that will assess the contributions uploaded by consumers during the participation phase according to qualitative criteria. The jury’s choices will in no way be influenced by elements of chance.

The jury will assess the participants’ designs at its sole discretion according to the following criteria:

  • Creativity;
  • Originality;
  • Artistic technique.

Based on the ratings, a ranking from 1 to 11 will be drawn up. The participant selected for 1st place will be considered the winner of the prize, while those placed 2nd to 11th will be considered reserve nominees.

The winner will win a Trip for 4 people to London (details in point 8).

The identification of the winners will take place in the presence of a notary or the person responsible for the protection of consumers and public faith competent for the territory (art. 9 of Presidential Decree 26 October 2001, no. 430) by the above date. The winner will be awarded a trip for 4 people to London (see details in section 8).

The winner may not claim any indemnity as a result of any damage (direct or consequential) resulting from the acceptance and/or use of the prize. The winner may not contest the prize awarded or demand the corresponding cash value or exchange/replacement for any reason whatsoever. However, in the event that the Promoter is unable to deliver the prize won, it reserves the right to replace the prizes announced with prizes of equal or greater value (Circular 28/3/2002, point 9.6)

7.1 Reserves

Ten (10) reserve names will be identified as indicated above for any case in which it is not possible to award the prize to one of the winning names (untraceable winner, inability to present suitable documentation, minor unable to provide legal guardians’ authorisation, any other case). Contact with any reserve names will be made in order of their identification.

8 Prize to be won

There will be only one prize available, among all participants from all countries involved.

The prize consists of a Travel Package of five (5) nights for two (2) adults and two (2) children/young people (under 16 years of age – i.e. 16 years old at the date of return), with the destination of London.

The presumed market value of the prize is €6,900.00 (VAT EXCLUDED where applicable).

The value indicated is an estimate, as of the date of drafting the regulation. The exact value of the trip will depend on several factors, including the booking date, departure airport and travel dates.

The trip includes:

  • Return flights from selected major international airports in Italy, France, Spain, Finland, Sweden, Germany, Poland, Portugal, UK and Ireland to London, UK;
  • Return airport transfers to London, UK
  • Five (5) nights at a 4-star hotel determined by the Promoter at its sole discretion, with accommodation in a shared quadruple room, and breakfast;
  • Private experience in creating jewellery with beads: (1 hour). Includes return transfers from the hotel, expert instructor and all equipment;
  • Tickets for an immersive interactive art exhibition: (35-50 minutes). Includes admission to the exhibition and a bubble tea mocktail;
  • Ice skating experience: (1.5 hours) Includes return transfers from the hotel and ski rental;
  • Boat tours on the River Thames: (50 minutes);
  • Bundle inspired by INSIDE OUT 2: Includes 2 x wellbeing diary books, 2 x colouring books, 2 x albums, 1 x set of coloured markers, 1 x instant camera with film, and 1 x selfie stick (delivered to the hotel on arrival).

Terms and conditions of travel:

  • As of the departure date, at least two travellers must be of legal age, i.e. at least eighteen (18) years old. As for the two minors, they must be under 16 years of age on the date of return and must travel with a parent or legal guardian, who will assume all responsibility.
  • The award package is for a maximum of two (2) adults and two (2) children under the age of 16, all of whom must travel on the same itinerary at the same time. Minors must always be accompanied by an adult on all tours and experiences in the travel package;
  • Return flights in economy/tourist class (inclusive of all applicable taxes, fees and airport duties) from selected major international airports in Italy, France, Spain, Finland, Sweden, Germany, Poland, Portugal, UK and Ireland to London, UK, flights may be indirect and not all routes will be available, flight itinerary will be determined by the award provider at their sole discretion;
  • Accommodation is for five nights, based on a quadruple room for two adults and two children under 16, in a 4-star hotel in London with daily breakfast;
  • The trip must include an overnight stay on Saturday;
  • Upon arrival at the hotel, a credit or debit card may be required for extra expenses and therefore at least one of the recipients must possess and travel with a valid credit or debit card;
  • The hotel and accommodation will be selected by the Award Management Agency, at its sole discretion;
  • The prize is valid for 12 months from the end date of the competition and all stages of the journey must be completed within this period; failure to do so by this date will result in the winner having no further claim.
  • The winners must indicate three (3) preferred travel dates in three separate months, at least 6 weeks in advance of the desired departure date to the indicated Travel Agency;
  • The prize is not available during the following periods: Christmas, New Year, peak season and/or public holidays in the destination of the award package or in the country of departure;
  • All recipients must be in possession of a valid passport for the duration of the trip. Non-EU passport holders may be required to keep their passport valid for six months beyond the duration of their trip. All recipients are responsible for obtaining any other documentation required to travel to and enter the prize package destination; all travellers will need a passport valid for at least 6 months at the date of travel;
  • The prize is non-refundable and non-transferable to a third party; under no circumstances will a cash alternative be offered;
  • The use of the trip is subject to availability, to be verified at the time of booking;
  • The Promoter will not assume any liability for any damages resulting from the acceptance and use of the prize, nor from participation in the planned excursions.
  • The Promoter reserves the right to change the characteristics of the prize. Inclusions in the award package are subject to availability; if any of the indicated inclusions are not available, the Travel Agency will replace it with an alternative of equal value;
  • Any additional requirements for the prize package, provided they are applicable and acceptable, shall be borne by the winner.
  • The immersive exhibition is not fully wheelchair accessible and is not suitable for those prone to epileptic seizures or suffering from photosensitive epilepsy;
  • For the boat tour, the experience is not recommended for pregnant women, or people with injuries to their back, neck or other body parts;
  • All tours and experiences will be conducted in English;
  • In the event that the winner cannot take part in one of the proposed activities, for objectively valid reasons, the Agency will propose alternatives of equal value, selected at its sole discretion.
  • If the winner decides to use the prize (in whole or in part) with fewer than three (3) accompanying persons (or without any accompanying persons), the prize shall in any case be deemed to be awarded in its entirety to the winner and the remaining part of the prize shall under no circumstances be subject to compensation or alternative proposals. The services included in the award package must be redeemed all at once and no changes to the booking will be permitted after confirmation or fruition.
  • The prize only includes what is explicitly detailed and does not include additional elements or expenses (including but not limited to insurance, meals, additional local transport, costs for telephone calls, luggage, tips, incidental expenses, souvenirs, fuel, etc.) which will be borne by the winner. The winner is also responsible for any incidental costs not dependent on the Promoter that may arise from the flight such as any inspection fees, extra luggage costs, any departure fees or airport taxes, and air transport security. It is also the responsibility of the winner and his/her companions to obtain, at their own expense, the necessary travel documents (e.g. visas, passports, identification photographs, etc.) before departure. Once issued, tickets are non-transferable and cannot be reissued once the journey has begun. Open tickets or stopovers are not permitted. The trip booking must be made through the Promoter.
  • The winner and accompanying persons may be required to comply with certain COVID-19 protocols and measures imposed by airlines, government authorities or others, including but not limited to the use of face masks, adherence to interpersonal distance and quarantine. By taking part in the trip, the winner and accompanying persons unconditionally accept these rules and protocols.
  • With reference to the planned experiences, it should be noted that it may be necessary to comply with applicable policies and recommendations of health authorities. In addition, government guidelines on travel restrictions and compulsory quarantine must be observed. Please note that any public place frequented by people presents a risk of exposure to COVID-19.
  • The Promoter shall not be liable for any delays due to force majeure (whether caused, for example, by adverse weather, fire, floods or other natural disasters, accidents, trade disputes, transport disruptions, government measures relating to COVID-19 or any other reason beyond its control).

9 PRIZE NOTIFICATION AND DELIVERY

The Promoter will contact the winner as soon as possible after the draw, by telephone (at the telephone number provided in the registration form) and/or by e-mail or other contact channels provided in the registration form (“Winning Notification”).

The winner must respond to the Winning Notification within fourteen (14) calendar days by providing all the information requested.

The Promoter undertakes to use its reasonable endeavours to contact the winner. If the winner is not contactable/available or if they do not claim the prize within 14 days after the Notification date, they will forfeit their right to the prize and the Promoter will contact the first available reserve drawn.

The Promoter will not assume any liability in the event that the winner cannot accept the prize within the time limit or for any other reason.

If no response is received by the deadline, the winner will be disqualified and the prize will be offered to a reserve. This process will be followed as long as reserves are available. The Promoter accepts no liability in the event that the winner cannot be contacted for any reason.

Important: all the above documents and information are required to validate the win: if the winner fails to provide what is required, the Prize cannot be validated. It is the winner’s responsibility to ensure that their e-mail inbox is working properly. In the event that the documentation or information provided does not match what is stated on the participation form, the prize will not be validated. The Promoter reserves the right to carry out all necessary verifications to confirm the validity of the entries and data provided by the participants and to disqualify any entries that are found to be in breach of one or more clauses of these rules.

Delivery of the prize will take place within 180 days from the date of award, in accordance with the provisions of Italian law (Presidential Decree No. 430/2001 – Article 1, paragraph 3), as well as the European Data Protection Regulation EU 679/2016 (“GDPR”).

10 Content authorisations, declarations and guarantees

By submitting your entry you authorise the Promoter to publish it on its website or other communication material and to make the content and related data available to the public (if it considers it appropriate), even after the end of this competition.

The promoting company reserves the complete right to exclude from participation any content made with graphics or images that are deemed offensive or contrary to public morals (vulgar, violent scenes, illegal activities, etc.), that violate in any way the rights of third parties by presenting defamatory content, invading privacy or violating any copyright.

By submitting their content, participants waive all rights to the content, (which will be granted to the Promoter), and may not make any financial claims for any future use. Content must be copyright-free and will not be returned.

By submitting content, each participant assumes all responsibility for the content itself; in fact, by agreeing to participate in the competition, the participant declares and guarantees

  • that the content submitted is original and that it does not infringe copyright and/or related rights and/or trademark rights/industrial secrets/image rights or any other commercial and/or industrial and intellectual exploitation right of any natural or legal person;
  • which shall hold the promoting company, as well as its successors in title, fully indemnified and held harmless from any and all prejudicial consequences, costs, damages that may arise to it as a consequence of the breach of this declaration and guarantee. In particular, the participant shall defend and fully indemnify the Promoter against any damages (including costs) that the latter is called upon to pay to third parties as a result of
    • an action or notice based on the fact that the mere possession or use of the content by the Promoter infringes or has infringed the copyright, registered trademark right, patent right, know-how right, invention right, image right and any other exclusive right of third parties;
    • any detrimental consequences caused by the publication of content deemed offensive or contrary to public morality (vulgarity, violent scenes, illegal activities, etc.).
  • to be aware and to accept that the contributions sent for the purposes of participating in the competition will be used by the Promoter company and to be aware that said contributions will therefore be indiscriminately accessible to the public;

By submitting your entry you authorise the Promoter to publish it on its website and to make it available to the public even after the end of this competition.

11 Gratuity of participation

Participation is free of charge and no purchase is necessary to participate. There is no charge for accessing the QR Code or the promotion website. However, an internet connection is required.

12 Publicising the competition and the rules

The Promoting Company will communicate the competition through the initiative’s website and on the packaging of a limited selection of Del Monte® fresh fruit products.The advertising message will be in accordance with what is stated in these regulations. The full rules will be made available to participants at www.freshdelmontefun.com

13 Territorial scope – Applicable legislation

The competition is subject to the regulations in force in Italy concerning prize-winning events (Presidential Decree 430/2001). In accordance with FAQ No. 6 of the Ministry of Economic Development, participation in the initiative may also take place from the rest of the world, subject to any prohibitions imposed by local regulations (it is the responsibility of each participant to act in accordance with the regulations of their country). Participation from the EU territory is also permitted on the basis of the principles laid down in EU Directive 2000/31/EC.

It is also specified that this initiative is a competition of skill: the selection of winners is not influenced by any element of chance.

14 Guarantees and compliance

The collection of names on the web for participation in the competition will take place by means of computer software for which a declaration in lieu of affidavit is drawn up on its correct functioning.

In compliance with the requirements of Presidential Decree 430/2001 art. 7, an appropriate surety is provided to guarantee the entire prize fund.

This prize competition is conducted in accordance with Presidential Decree 26 October 2001, No. 430 and in accordance with the instructions set out in Circular 28 March No. 1/AMTC of the Ministry of Economic Development.

Participation in this prize draw entails the unconditional and total acceptance by the participant of the rules and clauses contained in these Rules and Regulations without limitation, including the indicated value of the prizes up for grabs.

Should the Promoter Company or third parties commissioned by the same identify users who participate with means and instruments capable of evading randomness, or in any case judged to be suspicious, fraudulent, or in violation of the normal course of the initiative, they will be excluded from participation and will not be able to enjoy any prize won.

Therefore, the Promoter Company, or third parties commissioned by the same, reserves the right to proceed, with respect to all participants and under the terms deemed most appropriate (which include, if deemed necessary, the request for an identity document) and in compliance with the laws in force.

15 Electronic and digital tools

The Promoter accepts no liability for any access problem, impediment, malfunction or difficulty relating to technical equipment, computer, telephone line, cables, electronics, software and hardware, transmission and connection, internet connection, and mobile and fixed telephone network that may prevent a user from participating in the competition.

It also declines all responsibility for problems caused by the configuration of the user’s computer/device that could affect the user’s performance during participation.

16 Compensation

The Promoter Company does not intend to exercise the right of recourse to withholding tax as provided for by Article 30 of Presidential Decree No. 600 of 29/09/73, and shall bear the relevant tax burden.

17 Beneficiary non-profit organisation

Any prizes not requested or not awarded, other than those refused, will be donated to the non-profit association Amici della Guinea Bissau, based in via Maino, 2 – 21052 – Busto Arsizio (VA). Tax Code: 90030520127.

18 Privacy

Personal data voluntarily provided will be processed by the Promoter in accordance with the applicable privacy regulations (including the GDPR – General Data Protection Regulation (EU) 2016/679 and the Data Protection Act 2018) as set out in the Promoter’s privacy policy available at https://www.delmonteeurope.com/privacy-policy.htm. By participating in the competition, consumers acknowledge that their data will be used for purposes related to the administration of the promotion.

In addition, they will be processed to comply with administrative and other regulations that are compulsory by virtue of the law in force in our country or by virtue of EU decisions, and stored for the time required by these regulations. The requested data are compulsory for the aforementioned purposes and failure to provide them will make it impossible to carry out the management activities of the prize competition and to comply with legal regulations. Personal data will be made available to the competent consumer protection and public faith officer for the purposes of the competition.

The storage of data for the purposes of running the competition will be limited to the period of completion of its individual stages and in accordance with the relevant regulations. Subsequently, they will be anonymised for statistical purposes and the identifying data will be destroyed.

The data controller is: Promosfera Srl., Via XXV Aprile 56, 21011 Casorate Sempione (VA), ITALY.

Persons authorised to process data are those in charge of sales and marketing, the call centre, information systems and data security.

Pursuant to Articles 15-21, GDPR, by writing to the holder at the above-mentioned postal address or e-mail privacyofficer@freshdelmonte.com you may exercise your rights to consult, modify, delete and forget, limit the processing of your data or oppose its processing for legitimate reasons or for information and promotional purposes. If consent is withdrawn, which may be done at any time, it is understood that this does not affect the lawfulness of the processing based on the consent previously given or on alternative mechanisms to consent permitted by law. Please also note that you have the right to lodge a complaint with the supervisory authority in order to assert your rights. You can also write to the above postal address or send an e-mail to privacyofficer@freshdelmonte.com to request the complete and up-to-date list of data processors.

Finally, one has the right to request data portability, i.e. to receive one’s data in a structured, commonly used and machine-readable format, in order to transmit them directly to another entity, an autonomous data controller, for processing within the limits set by the data subject.