terms and conditions

Regulations

1. Company organizing the activity

The company organizing the activity is Ferrero Trading Lux S.A. and will henceforth be addressed as the “Company” or Ferrero. The activity is a website campaign called “FACE OF KINDER” (the “Activity”) and will begin on [February 20th, 2022 – 12am Midnight] and end on [March 31st, 2022 – 12am Midnight] of the [UTC/GMT +3 hours/Iraq] local time (the “Activity Period)”.

2. Participants

Participation in the Activity must be conducted by a participant, henceforth addressed as the “Participant”.

2.1 To be able to participate in the Activity, the following criteria must be met:

  • to be aged 16 or over
  • to be the owner of the image uploaded
  • to be living in [Kingdom of Morocco, Iraq];
  • to have access to the Internet;
  • the Participant shall be in compliance with these terms in their entirety and during all the Activity Period.

Provided any of the criteria above is not met, participation in the Activity will be void and rejected.
2.2 If the Participant is a minor aged under 16, he/she shall make sure to get his/her parent or legal guardian’s consent to participate.
2.3 Employees of the Company and its distributors as well as anyone involved professionally with the Activity are not allowed to participate into the Activity.

3. Activity principles and modalities

The Participant may take part in the Activity online on [insert the name of the website]
To participate in the Activity, the Participant must, within the Activity Period as defined in Article [1]:

  • Visit the Activity website;
  • Prior to the upload of the image, accept terms and condition and privacy policy and subsequently insert personal e-mail address to be used for the sake of the Activity (eg: the e-mail address where the image will be sent);
  • Upload/take from the camera their own image and upload it. After the image uploading the Participant will get a popup with the following information: "your image is in process, you'll get email with your image".
  • Once the email address is inserted the Participant will receive a verification link. After clicking/ accessing on the verification link, if the image is approved the Participant will receive to his/her email address the link to unique page which will allow him/her to see the combined image, meaning the face image of the Participant within the artwork framework of the Kinder Chocolate label (as further detailed in the website), and to download it or share it on Facebook.

Once the Participant will upload the picture, the image will be processed and moderators will then approve or reject the image.

4. Requirements for the Image Submission (the “Submission”)

4.1 The Submission must be:

  • A picture (PNG FORMAT) that is owned by the Participant;
  • Be uploaded through the website;
  • Be uploaded during the Activity Period.

4.2 Participants are allowed to upload as many Submissions as they wish.

4.5 Submissions made after the expiration of the Activity Period will not be possible.

5. Acceptance and Rejection of the Submission

5.1 All submissions will be validated by the Activity moderators and thereafter

5.2 The Moderator is entitled, at its discretion, to pre-screen and/or moderate any content and reserves the right in its sole discretion to reject uploaded images at any time without liability or prior notice.

Categories of prohibited User Generated Content listed below are merely examples and are not intended to be exhaustive. Without limitation, you agree that you will not upload any User Generated Content that:

  • is defamatory, abusive, obscene, profane, scandalous, inflammatory, pornographic, indecent, or offensive;
  • infringes or violates another party’s intellectual property rights (such as music, videos, photos, or other materials for which you do not have written authority from the owner of such materials to post on a Site);
  • violates any party’s right of publicity or right -to privacy;
  • is threatening, harassing, or that promotes bullying, racism, bigotry, hatred, or physical harm of any kind against any group or individual;

promotes discrimination (based on race, sex, religion, nationality, disability, sexual orientation or age):

  • is inaccurate, false, or misleading in any way;
  • is illegal or promotes any illegal activities;
  • promotes illegal or unauthorized copying of another person’s copyrighted work or links to said work, or provides information to circumvent any security measure;
  • contains “masked” profanity (i.e., F@&#);
  • contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

We may decide at our sole discretion to review, edit, or reject content and materials that you or others upload to the website.

The Participant is solely liable for his/her behavior, for any content, materials, accuracy and appropriateness that occurs within the Activities and for all data, texts, files, information, usernames, images, graphics, photos, profiles, audios and video clips, sounds, musical compositions, works of intellectual property, applications, links and other contents or materials published or displayed participating in the Activity.

The Participant recognizes that Ferrero (and/or other companies forming part of the Ferrero Group) may not, and will not, be held liable for Submissions or Contents published von the Website and on the Platform.

6. Content and Intellectual Property Right

The content and all other materials on the Website, including, without limitation, copyrights and other intellectual property rights in the artwork, graphics, photographs, texts, videos and audio clips, trademarks and logos available (collectively the "Content") are under license or owned by Ferrero and/or its affiliates. You may access the Website and the Contents thereon solely for personal, non-commercial, or entertainment purposes during the Activity Term and in light of taking part to the Activity. You are not permitted to copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, distribute, modify, broadcast or make derivative works of any content in any way, including for any public or commercial purpose whatsoever, without the prior written consent of Ferrero or the owner of such materials. All rights not granted under these Terms of Use are expressly reserved by Ferrero. All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Website are either the trademarks or any other marks (registered or unregistered) of Ferrero, its affiliates and/or its licensors, unless otherwise stated herein. Ferrero, its affiliates and its licensors expressly reserve all intellectual property rights in all content on the Website No license is granted to you in connection with any content contained on the Website. In its sole discretion, Ferrero, its affiliates or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

7. Rights and Duties related to Submissions

7.1 The Participant acknowledges to have full discretion and no obligation to upload any Submission; the uploading of the Submission according to the modalities and requirements set forth in Articles 3 and 4 of the present Terms and Conditions, is optional. However, when proceeding with the Submission, any and all responsibility must be taken accepted by the Participant. In particular, participation in the Activity is at the Participant’s own risk and danger.

7.2 In line with Article 7.1 the Participant acknowledges and guarantees by the Submission

  • the right to grant the use of the said Submission within the participation to the Activity;
  • to hold all licenses, permits and authorizations (including from all individuals appearing in the Submission) required in order to proceed with Submission;
  • to not assign to third parties prior to the Submission nor during the Activity Term.

7.3 Without prejudice of the above, if the Submission includes third party persons with respect to, the Participant declares and warrants, at his/her own liability, to have the full consent and authorization of the third party; if the third party is a minor (or a person otherwise subject to the power and/or responsibility of third parties based upon the its jurisdiction), the Participant declares to have obtained consent from the person having power and/or responsibility.

7.4 The Participant takes responsibility and will be held liable for any claims or rights infringements that may arise as a result of breach of rules and obligations contained in Articles 6, 7 and 8, regarding the use of third party’s image and the relevant picture by the Company. This includes but is not limited to any claims of defamation and invasion of privacy as well as infringement of moral rights, rights of publicity or copyright.

7.5 The Participant relinquishes to the Company any and all rights to the Submission (copyright, publication, trade rights, etc.) and consequently agrees to allow the Company to use of every element of the Submission for any purpose, in any media, the Submission can be totally or partially used in any way the Company deems necessary.

7. 7 FERRERO (and/or companies of the Ferrero Group) will become the sole owner of any content created by the Participant via the Activity. Therefore, the Participant authorizes, with no entitlement to claim fees, indemnities, royalties or sums for any other reason, FERRERO and third parties instructed by it, its successors and/or associated companies and/or those forming part of the Ferrero Group, to retain, disseminate and use the Contents throughout the whole world, with the possibility to grant them on license and transfer them to third parties, and with the irrevocable right to complete their electronic processing, modification, alteration, reduction and/or adaptation to create and disseminate visibility and publicity material, through media channels, the internet and social networks, to create and disseminate advertising communication and promotion, and to use them for any other type of advertising promotion of Ferrero's products, with no quantitative or qualitative limitation, and in any form.

7.8 The Participant consequently irrevocably agrees to transfer exclusively to FERRERO and to its successors and/or associated companies and/or those forming part of the Ferrero Group, throughout the world, all rights over images created within the Activity, as well as any exclusive rights claimed over the same, for their use in the forms and methods indicated above, therein including rights of economic usage, modification and electronic alteration of the same, along with their reproduction, in whole or in part, representation and public dissemination, or by way of the crowdsourcing function in any form, on any media channel, including social networks (by way of example, Facebook, Twitter, Instagram, etc.), and by any distribution method (whether currently known or developed later), without being entitled to any remuneration, fee, indemnity, royalty or any sums for any other reason, and further notice.

7.9 Submissions will not be subject to any confidentiality constraint by FERRERO (and/or companies forming part of the Ferrero Group), which will thus not be deemed liable for any use or disclosure of the Submissions provided. The Participant authorizes FERRERO (and/or companies forming part of the Ferrero Group) to publish the Contents broadly via any media or platform, therein including Social Networks, without limitation.

8. Guarantees

Without prejudice to what provided and stated in Articles 6 and 7, the Participant shall guarantee:

  • He/she is legally responsible for the Submission uploaded online;
  • He/she is the author and owner of the Submission or in any case to be entitled to grant the rights and licenses established in these Terms of Use;
  • The Submission respects and does not abuse or transgress the rights of third parties, including, by way of example, the right to privacy, advertising rights, image rights, copyrights, trademarks and/or any intellectual property rights;
  • He/she has the legal rights and legal capacity to accept these Terms of Use within his/her jurisdiction and that his/her participation in accordance with the methods and terms indicated in these Terms of Use does not constitute a violation of any law, regulation or other provision in your jurisdiction.

In addition, the Participant states and agrees that:

  • All information provided to FERRERO upon registering and at any later date is true, accurate, updated and complete and the Participant also agree to update that information, where necessary, in order to guarantee its accuracy and truthfulness.
  • The e-mail address provided upon acceptance of these Terms and Conditions is the Participant’s e-mail address and the Participant may use it for the Activity.
Data Protection

Ferrero does not share, sell, or rent personally identifiable information with independent companies for their own use without providing the Participant with a choice. Personally, identifiable information that the Participant provides to Ferrero in the course of the Participation to the Activity shall be gathered and stored in one or more of our corporate databases. Ferrero may share personally identifiable information that Ferrero collects about the Participant with other companies within the Ferrero family of companies or subsidiaries. The "family of companies" is the group of companies related to Ferrero by common control or ownership. Ferrero shares information within this "family" as a normal part of conducting business and offering products to its customers. This Website may share personally identifiable information with subcontractors (e.g. cloud service providers). Subcontractors are restricted from using this data in any other way other than to provide the Website to Ferrero and they may not share or resell this data. Site metrics for this site may be shared with other Ferrero websites or subsidiaries or affiliates. The information shared will be aggregate data and will not include any of your personally identifiable information. This site will disclose your personally identifiable information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Ferrero; (b) protect and defend the rights or property of Ferrero and this site; or, (c) act under exigent circumstances to protect the personal safety of users of Ferrero, its web sites, or the public.

Ferrero has chosen Amazon Web Services, Inc. (AWS) as the cloud service provider to store your data. The Article 29 Working Party (the independent advisory board made up of representatives from the data protection authorities of all the EU Member States as well as from the European Commission) has approved the AWS Data Processing Agreement, which includes the Model Clauses. The Article 29 Working Party has found that the AWS Data Processing Agreement meets the requirements of the Directive with respect to Model Clauses. For more detail on the approval of the AWS Data Processing Agreement from the Article 29 Working Party, please visit: https://www.cnpd.public.lu/en/actualites/international/2015/03/AWS.html.

Duly appointed data processors, providing specific processing or accessory services (e.g. storing data, sending out messages for us, web hosting, contests’ management, consumer service, IT services regarding the Website operation, emailing) on Ferrero’s behalf and under its instructions, whose data protection maturity has been checked by Ferrero before entering into the required data processing agreement. The full updated list of appointed as data processors, which may include other companies within the Ferrero Group, is available from our data protection officer;

For any further information you may refer to our Privacy Policy available at

MOROCCO (ENGLISH): https://www.kinder.com/ma/en/privacy-policy

MOROCCO (ARABIC): https://www.kinder.com/ma/ar/privacy-policy

MOROCCO (FRENCH): https://www.kinder.com/ma/fr/privacy-policy

IRAQ (ENGLISH): https://www.kinder.com/iq/en/privacy-policy

IRAQ (ARABIC): https://www.kinder.com/iq/ar/privacy-policy

10. Responsibility

10.1 With regard to the issues listed below, the Participant cannot claim any form of compensation from the Company in the case any issues arise in respect of the following:

  • Website access;
  • Technical issues with image uploading;
  • Internet rate issues;
  • Data transmission delays;
  • Participant’s computer failure;
  • the Participant’s Facebook account.

10.2 To the fullest extent allowed by law, the Company accepts no responsibility for loss or injury as a result of the Activity participation.

11. Loyalties

11. 1 To participate the Participant confirms that he/she must be aged 16 or older and that the email address provided for the Activity is personal, true and accurate.

11.2 The Company will sanction and/or will not hesitate in taking legal action if

  • If any of the rules set out in Article 5 are found to be broken
  • any misrepresentation or falsification of identity, no matter the method used, as well as
  • any fraud of any nature whatsoever, and more generally
  • any attempt to hijack the Activity rules and disrupt the smooth running of the Activity, regardless of the method used.

11.7 The Company may also, at any time and without prior notice, decide to amend or cancel all or a part of the Activity.

12. Authorization

The Participant authorizes the use of his/her email address and any other sort of Personal Data related to the Participant (e.g. IP addresses) for the purpose of performing the Activity.

Regulations

Participating in the Activity involves the complete acceptance, without any reservation, of the rules of the Activity as well as the rules of the Internet and any applicable legal rules.

14. Activity Address