Terms and Conditions for Participation in COOMS Marketing Contests
1. Purpose
These Terms and Conditions of Participation govern your participation in Contests organized by COOMS. They form an integral part of the Website’s Terms of Use. The latter assign specific meanings to certain terms that begin with a capital letter; those terms have the same meaning here, unless otherwise specified.
In the event of any conflict between the Terms of Participation and the Terms of Use, the former shall prevail.
Participation in any Contest implies acceptance of these Terms and Conditions. If you do not agree to these terms, you must refrain from participating.
For each Contest, the Terms and Conditions may be supplemented by specific terms published on the Website or in the materials used to promote the Contest (including social media, flyers, newsletters, or in-store displays). In the event of any conflict between these specific terms and these Terms of Participation, the former shall prevail, with the exception of Sections 6 (Prizes) and 7 (Modifications – Decisions – Liability) of these Terms of Participation, which shall always prevail.
In these Terms of Participation, terms beginning with a capital letter have the meanings assigned to them in the COOMS Website Terms of Use.
2. Who is eligible to enter the contests?
Specific terms and conditions may require participants to meet certain eligibility criteria, such as residing in a specific location.
COOMS may require participants to provide proof of eligibility at any time, including at the time of participation or prior to the awarding of a prize.
The contests are open only to participants who are of legal age and have full legal capacity.
Unless otherwise specified in the specific terms and conditions of a Contest, participation is limited to residents of Switzerland.
Participation in the contests may be voluntary or require a purchase.
The terms and conditions for participation (e.g., online registration, participation via social media, in-store visits, or other promotional mechanisms) are described in the specific terms and conditions of the relevant Contest.
Contests held on social media are neither sponsored nor administered by the platforms in question.
3. Representations and Warranties Regarding Ownership of Rights and Transfer
If you submit a photo, text, video, drawing, etc., for a contest, you warrant that you are authorized to do so and that no one else can claim any rights, of any kind, to that work.
You warrant that you are the sole author of the work. If another person contributed to the creation of the work, you warrant that you have obtained their consent and ensured that they have reviewed the Site, these Terms of Participation, and any specific terms and conditions, and that they have accepted their content prior to the submission of the work.
You warrant that the creation of the work does not violate any standards, contractual obligations, or third-party rights, including copyrights.
By submitting works to a Contest, you irrevocably grant COOMS a royalty-free, non-exclusive right to use such works, without any limitation as to duration or territory.
COOMS is free to use, reproduce, publish, or distribute all or part of the work, either in its original form or in a modified version.
COOMS may also publish the work on other websites or platforms, including social media.
Winners agree that their name and city of residence may be published on the Website or on COOMS’s social media pages.
4. Price
The prizes are described in the specific terms and conditions for each contest.
Prizes may include COOMS products, gift cards, brand-related experiences, or any other promotional rewards. For example, some contests may offer a free cookie at specified intervals and for a specific period, as outlined in the contest’s specific terms and conditions.
Prizes are awarded "as is," and COOMS makes no specific warranties regarding them. Unless otherwise specified in the specific terms and conditions of the Contest, so-called “lifetime” prizes are awarded for a maximum period of 15 years from the date of award.
Prizes may not be resold. They are neither exchangeable nor refundable for cash.
When the prize consists of a cookie or other product or service provided at regular intervals, it is limited to one cookie (or other item) per week and cannot be combined with other prizes. Any prize not used within a given period is permanently forfeited and cannot be carried over.
COOMS reserves the right to replace a prize with another prize, including one of a different value, if circumstances so require.
If, for any reason, a potential winner cannot be contacted or declines the prize, COOMS may award the prize to another winner.
If the prize consists of a product or service provided by a third-party provider, that provider’s terms and conditions apply to the provision of such product or service. Winners are encouraged to review these terms and conditions and to decline the prize if they do not agree with them.
The awarding of certain prizes may be contingent upon the winner providing proof of residence.
5. Amendments – Decisions – Liability
COOMS reserves the right to modify or cancel a Contest or a prize, particularly in the event of unforeseen circumstances.
COOMS also reserves the right to cancel an entry or disqualify a winner without prior notice and without having to provide a reason, particularly in the event of fraudulent or unfair conduct intended to skew the results of the Contest.
Decisions made by COOMS in connection with the Competitions are final and cannot be contested. They are not subject to discussion or appeal. No correspondence will be entered into regarding these decisions.
Participants are liable for any damages incurred by COOMS, its bodies, representatives, advisors, or employees resulting from a breach of these Terms of Participation.
6. Changes
COOMS reserves the right to modify these Terms and Conditions at any time. The version published on the Website at the relevant time shall apply between COOMS and the participants.
7. Governing Law and Jurisdiction
These Terms and Conditions are governed by Swiss law, excluding the rules of private international law.
Subject to any mandatory jurisdiction provided for by law, the competent courts are those of the Canton of Geneva.
