1. Our promotional games of chance are organised by GASSAN Diamonds B.V. (to be referred to below as the ‘Organiser’), having its registered office at Nieuwe Uilenburgerstraat 173 in (1011 NL) Amsterdam, the Netherlands. These Games of Chance Terms and Conditions govern any and all promotional games of chance that are organised by the Organiser, possibly in collaboration with third parties. These Games of Chance Terms and Conditions (in addition to other information about the promotional campaign) are published at http:/www.gassan.com.
2. The participant accepts these Games of Chance Terms and Conditions by participating in the promotional game of chance that the Organiser organises. The promotional games of chance are governed exclusively by these Games of Chance Terms and Conditions, and the Organiser’s interpretation of these Games of Chance Terms and Conditions is binding on all participants.
3. The Dutch Code of Conduct for Promotional Games of Chance of 2014 (Gedragscode Promotionele Kansspelen 2014) governs all our promotional games of chance.
2. Participation and participants
1. Any natural person who is 18 years of age or older may participate in our promotional games of chance promoting our special diamond, the GASSAN 121 ® Diamond. Employees of the Organiser and/or any companies affiliated with it and/or suppliers or sponsors with which the Organiser collaborates in connection with the promotional campaigns in question and the prizes to be awarded may not participate.
2. Each participant is obliged to participate individually, in person, and declares that he has truthfully completed and signed or approved and accepted digitally the participation forms (or form, as the case may be). The Organiser can disqualify a participant in the event that it finds that the participant is not involved in the participation himself (but rather, for example, is doing so through a third party or intermediary). The Organiser also can disqualify a participant in accordance with Article 1.2, entirely at its own discretion, in the event that it finds that the participant has provided incorrect, incomplete or misleading data/information, has acted in any other manner that is contrary to these Term and Conditions or has committed fraud, or has attempted to commit fraud, in any manner whatsoever.
3. In no event is the Organiser liable for incorrect data/information that the participant has submitted himself. In addition, in no event is the Organiser liable for any breakdowns in computers, applications, networks or similar equipment that have hampered or prevented successful participation.
4. Participants must be 18 years of age or older in order to participate. The Organiser is authorised to verify a participant’s age at any time, on the basis of a valid identification document. In the event that the winner has not yet reached the age of 18 years, the Organiser will be entitled to designate a different winner. A participant may participate only once (in each promotional campaign) by telephone number, e-mail address or home address.
1. Insofar as a promotional campaign consists of having the participants guess a concrete number, the only winner will be the participant who has guessed the correct number. In the event that two or more participants guess the correct number, the winner will be determined in the manner stipulated in Article 9 of these Games of Chance Terms and Conditions.
In the event that the promotional campaign consists of answering a question, which must then be evaluated in terms of its correctness and/or originality, the Organiser will determine how and by whom the answers will be evaluated, in addition to which participant is the winner.
2. The prize indicated in more detail in Article 9 is personal, non-transferrable and non-convertible.
3. Prize winners will be notified personally within three months after the promotional campaign has ended. Other participants will not be notified personally of the result. The Organiser may also publish the names of the winners on its website (or on another website that it designates) or in other media. It is not possible to correspond with the Organiser regarding the result of the campaigns.
4. Prizes will be awarded in their current condition at that time. The Organiser is not liable for any (visible and/or invisible) defects in the prizes and/or any other damage to the prizes (including damage caused by shipment and/or another means of transport). The Organiser will be responsible for remitting tax on games of chance and VAT, unless the parties agree otherwise.
4 Data and publicity
1. GASSAN will process the personal data that the participant provides in order to make it possible to participate in the game, confirm participation, determine whether the terms and conditions of the promotional campaign have been met and, in the event that the participant wins the prize, to award the prize to the participant in person or to send it to him (to be referred to below as the ‘Personal Data’). The Personal Data that are processed will not be provided or sold to third parties without the participant’s permission. GASSAN will save the personal data so that it can award the prize after the game has ended. The personal data will be deleted within one week after the prize has been awarded.
2. The participant acknowledges that he is aware of the collection of the data within the meaning of Article 4.1 above and of the use that can be made of them.
3. Insofar as applicable, prize winners, by participating, undertake to cooperate, without receiving any compensation in return, in publicity on social media and/or printed communications from GASSAN, such as GASSAN Nieuwsbrief, GASSAN Magazine, etc. By participating the participant also gives permission to do so.
The manner in which those publicity communications will be disseminated will be determined in consultation with the prize winner in question.
5. Amendments to the Games of Chance Terms and Conditions and technical facilities
1. The Organiser may amend these General Games of Chance Terms and Conditions, except during a period in which a promotional campaign is already underway (unless the change would be to the participant’s advantage).
2. In the event that a technical service is used during the participation in or registration to participate in the campaign, the Organiser does not warrant that that technical service will operate undisturbed or without any interruption, either on the part of the participant or on the part of the Organiser.
At the risk of forfeiting the right to submit a complaint, the participant must notify the Organiser of any complaints with respect to the campaign within five working days after the complaint arose or reasonably could have been discovered, by sending a letter to GASSAN Diamonds B.V., specifying ‘complaint regarding a promotional game of chance’. The Organiser will attend to the complaint and contact the participant within a reasonable term with a response to the complaint.
1. The Organiser (and/or any companies affiliated with it) is not liable for any damage that ensues from access to, use of and confidence in the information that is provided, unless the damage in question can be blamed on an intentional act or omission or gross negligence on the part of the Organiser.
2. The Organiser is not liable, either on the ground of the law or pursuant to any agreement, for any damage that the participant incurs as a result of the promotional campaign or game, including consequential damage. The Organiser does not bear any liability whatsoever in the event of accidents, late deliveries, loss or additional costs of any kind whatsoever that may ensue for a participant from the game, the promotional campaign, the award of the prize or the receipt of the prize. The Organisation is not liable for any form of loss and/or damage in the case of a technical defect and/or delay in receipt of the entries.
8 Miscellaneous provisions
1. The Organiser is entitled, at any time (and in any event in a situation involving force majeure), to suspend, terminate or change the promotional campaign or the game and to refrain from awarding one or more prizes. In no event will the Organiser be obliged to compensate any loss or damage in such cases.
2. These Games of Chance Terms and Conditions and the promotional campaign are governed by Dutch law. Any and all disputes that are related to these Games of Chance Terms and Conditions and/or the promotional campaign will be submitted to the competent court in Amsterdam, the Netherlands.
9. Special provisions governing ‘Win a Diamond’ game
1. The game consists of guessing the number of diamonds on display in a glass showcase that is filled with diamonds; visitors are invited to guess how many diamonds the show glass contains. The participant who guesses the exact number will win the game. In the event that two or more participants have guessed the exact number, lots will be drawn amongst those participants, which will result in one winner. The lots will be drawn by an employee of GASSAN who otherwise does not have any relationship whatsoever with the potential winners. In the event that none of the participants has guessed the correct number of diamonds, there will be no winner and the prize for that specific game will lapse.
2. The total length of play with respect to this promotional game of chance (unless it is extended) is a maximum of one year. In the course of that year, there will be three periods in which participants can guess the correct number of diamonds in the show glass. Thus, each period in which a guess can be made with respect to the correct number of diamonds will comprise a term of three months; the commencement date and end date of each period will be clearly stated. Each game will have one winner.
3. There is one prize for each game. The prize consists of a diamond having a value of EUR 1,000. The value has been determined by the Organiser or is based on the recommended retail price, exclusive of VAT, of a similar diamond. The Organiser does not warrant, in any manner whatsoever, the amount of the proceeds in the event a participant sells the diamond to be won. GASSAN will remit the tax on games of chance with respect to the prize.
4. The prize will be awarded either by the participant collecting it himself at GASSAN, at the address: Nieuwe Uilenburgerstraat 173-175 in Amsterdam, in which case the participant will, of course, be asked to prove his identity by means of his passport or another valid identity document, or by sending the prize to the address indicated by the participant. GASSAN will pay the shipping charges; however, the provisions stipulated in Article 3.4 of these Games of Chance Terms and Conditions also apply and are relevant.
5. The glass showcase is physically located in one of the commercial spaces in the factory located at Nieuwe Uilenburgerstraat 173-175 in Amsterdam. Visitors to the factory can participate by completing a digital form on an iPad and making it available to the Organiser. Another way to participate is to first complete a paper form that can be found in GASSAN’s commercial space and to complete the second form that the participant will receive by e-mail the next day.
6. There are no costs attached to participating.
7. In principle, for each game, the date on which the answers submitted will be checked and the winner will be announced will be the first week after the end of the four-month period stipulated in Article 9.2, i.e. in the first week of February 2017, in the first week of June 2017, and in the first week of October 2017.