Full Terms and Conditions
Barilla France SAS, with corporate capital equal to Euro 126.683.296 €, Immeuble Horizons – 30, cours de l’île Seguin 92100 Boulogne-Billancourt (France), RCS Nanterre N° 433 225 356 (hereinafter “the Promoter” or “Barilla”), is organizing in co-ordination with RyanAir - with registered offices at Ryanair DAC Corporate Head Office, Airside Business Park, Swords, Co. Dublin, Ireland (hereinafter “RyanAir”)- this Competition, called “BARILLA ON AIR 2023” (hereinafter the “Promotion” or “Competition”).
This Competition is open to all passengers of the Ryanair, Ryanair Uk, Laudamotion and Buzz flights with departure from an Airport of the European Union, that purchase a Barilla Ready Meal on board during Entry period. Participants must be legal residents of countries located in the European Union (excluding Italy*) and must be at least 18 years of age or older as of the date of entry (hereinafter the “Entrant”).
*) Please note that residents of Italy shall not be entitled to enter and will be disqualified in case of win.
Employees and agents of Promoter, Ryanair or any of their subsidiary or affiliated companies and their immediate families (defined as parents, grandparents, spouses, siblings, children and grandchildren) and those living in the same household (whether related or not) of each of the forgoing and anyone otherwise connected with operation or fulfilment of the Barilla On Air are not eligible to participate in the Competition or receive a Prize. Promoter reserves the right to require Entrant to prove that they are eligible to enter the Promotion. If a potential winner is found to be ineligible, Promoter reserves the right to award the prize to another participant and to require the return of any prize already awarded This Competition is in no way Sponsored, endorsed or administered by, or associated with Instagram, LLC.
Entrants must ensure that their participation (including the acceptance of any prize) is lawful in accordance with the laws of the country of residence. The Competition is void where local laws or regulations prohibit such participation. It is the responsibility of the Entrant to ensure that they are entitled to participate. The Promoter shall not be taken to make any representations, express or implied, as to the lawfulness of any individual's participation, or as to any other aspect of any Competition.
The purchase of a Barilla Ready Meal is necessary to enter the Competition.
Internet access and a valid Instagram account are required.
The Competition will be communicated to the Entrant on Instagram and through any communication during any flight eligible during the Competition.
These terms and conditions are available at the Promoter’s website on barillaonair.com
Any person entering into or participating in this Competition is deemed to have accepted and to be bound by these terms and conditions.
1- Promotional period
Competition is open from 00.01 (CET) on 1st January 2023 until 23.59 (CET) on 1st April 2023 (the “Entry Period”).
Winners’ selection by 30 April 2023.
2- Entry and participation
To enter the Promotion, you must do each of the following during the Entry Period:
a. Purchase a “Barilla Maccheroni Bolognese” or “Tomato & Basil” Barilla Ready Meal on board
b. Take a photo of yourself enjoying a Barilla ready meal on board of a flight eligible (the “Photo”). The Photo must be creative and include the Entrant and the Barilla Ready Meal only (further details about the photos are at clause 8);
c. Post your Photo to your public Instagram account along with the hashtags #Barillaonair #RyanairInFlight. An original caption must be added to the Photo (hereinafter jointly the “Material”). It is understood that the Photo has to be posted and not shared with an Instagram story. Entrant must ensure their profile is set to ‘public’ in order to enter and be contacted if selected as a winner. Entrant must be the rightful owner of Instagram account associated with the entry;
By posting your Material and using the required Hashtags, you affirm that you have read, understand and agree to these terms and conditions.
All Photos will be judged by a panel of judges for a chance to win a trip to Venice for two (see further details at clause 4).
Please note: One (1) entry per Instagram account. In the event of more than one entry per account, only the first one will be entered into the final draw.
The Promoter reserves the right, at any time, to verify the validity of entries and participants, including the participant’s identity, age and place of residence, and to disqualify any participant who breaches these terms and conditions or tampers with the registration process or the Competition.
3- WINNERS’ SELECTION
All submitted Photo will be evaluated by a panel of judges selected by the Organizer. Photos will be evaluated against the following criteria:
- Creativity and originality of the Material;
- Quality of the Photo and the shot;
- Creativity of the use of Barilla’s pasta.
One (1) winner and five (5) reserves will be selected. The winner wins a trip to Venice. For further details, please see clause 4.
One trip to Venice (Italy) for the winner and a guest is available to be awarded (hereinafter the “Prize”)
The Prize includes:
- Return economy flight to Venice operated by the closest Ryanair airport available from the winner’s residence;
- Two (2) nights accommodation in a room for two (2) people in a 5 stars hotel in Venice;
- One (1) dinner for two (2) people at a Michelin star restaurant.
- A 100 € gift card to be spent for services during the weekend in Venice (details to be provided during notification process)
By participating in the Promotion, the winner and his/her guest agree that the prize is awarded on an "as is" basis, and that neither Promoter, nor Ryanair nor any of their subsidiary or affiliated companies, make any representations or warranties of any nature with respect to any of the prize.
The Prize does not include:
- Meals, unless otherwise indicated under the heading "The prize includes”;
- Transfers except where otherwise stated;
- Souvenirs, gratuities, any transport cost including parking, excess baggage, additional excursions and attractions; or
- Personal expenses.
The winner of the above Prize is responsible for paying all associated costs that are not specifically stated in these terms and conditions, including (where applicable) spending money, insurance, any transport costs that exceed those set out above, and all other incidentals.
The winner is also personally responsible for any personal or incidental expenses and any VAT, national and/or local tax liabilities incurred in claiming or using the Prize which are not expressly referred to in these terms and conditions.
Further Prize details:
- Prize booking will be managed by a third-party partner, appointed by the Promoter
- It is the winners’ responsibility to verify that they possess valid travel documents. The winner may require (depending on the country of residence) a passport valid for at least six (6) months on date of travel; any necessary visas or travel insurance are the responsibility of the winner.
- The Prize is for two (2) people.
- The Prize can be taken until 31st December 2023. The dates could be subject to reconfirmation. The Prize is subject to availability and certain restrictions and blackout dates may apply.
- The Prize is transferable prior to tickets being booked. The delegated person must be 18 years old or older at the time of the departure. The delegated person must be legal residents of countries located in the European Union. Once issued, the tickets are not transferable
- All elements of the Prize package must be taken as part of the same trip.
- If any part of the Prize is cancelled by the winner, no alternatives will be issued and for the avoidance of doubt, no compensation and/or refund will be provided;
- Specified accommodation is subject to availability at the time of booking. Alternatives may be offered depending on availability.
- The winner must inform the Promoter of any wheelchair or any similar access needs.
- The winner is solely responsible for any additional charges incurred at the hotel during their stay, including, without limitation, costs of meals, drinks, additional nights and services together with related taxes; and
- A valid credit or debit card may be required to check in to your room and will be used to guarantee any incidentals such as in-room calls or services.
- The winner is responsible for the behaviour of themselves whilst taking the Prize. The Promoter reserves the right in its absolute discretion to exclude the winner from participation in any aspect of the Prize if any party fails to comply with the directions of the Promoter or any companies associated with the Prize or the winner acts in a manner that is dangerous to themselves or to the public or is, in the opinion of the Promoter, anti-social in any manner or which causes a disturbance or nuisance to others.
The participants assume all responsibilities connected to the acceptance of the Prize.
The approximate retail value of the Prize is € 3.000.
The Prize is not exchangeable and cannot be redeemed for monetary value or for any other form of compensation. However, in the event that, for reasons beyond Promoter’s reasonable control (including the covid-19 pandemic or other epidemic/pandemic or measure to prevent it) and not related to the winner, Promoter is unable to award the Prize as described in these terms and conditions, Promoter reserves the right to award a prize of a similar nature and an equivalent value, or at its sole discretion, the cash value of the prize.
5- WINNERS’ NOTIFICATION
The winner will be contacted via Instagram direct message within 15 days of selection and will be required to reply by email to the e-mail address provided within 15 days and accept the Prize. The winner and their guest will be required to provide a copy of their ID cards.
If a winner is unable to take the Prize or fails to respond with the specified timeframe, the winner will be disqualified, and the Prize being offered to a reserve. This process will be followed until the Prize is accepted, or the Promoter runs out of reserves. The Promoter accepts no responsibility in the event that a winner cannot be contacted for any reason. In the event no winner or reserve responds, the Promoter reserves the right to not award the Prize.
The winner will be put in contact with the travel agency for booking the trip within 30 days of acceptance of the Prize.
The winner is required to independently declare and pay any applicable taxes and charges that a Prize gives rise to in the winner’s jurisdiction.
Information notices pursuant to Article 13 of the EU Regulation 2016/679 ("GDPR") on the processing of participants’ personal data collected during the competition: “BARILLA ON AIR 2023”
This information notice explains the processing of your personal data processed during your participation to the competition: “BARILLA ON AIR 2023” (“Competition”).
Data Controller and Data Protection Officer
Barilla France SAS (hereinafter "Barilla" or "Data Controller"), with registered office located Immeuble Horizons - 30, cours de l’île Seguin 92100 BOULOGNE-BILLANCOURT (France), can be reached at the following e-mail address: pri[email protected]. The Data Protection Officer (hereinafter "DPO") can be reached at the following e-mail address: [email protected].
What Personal Data we process and for what purposes
The Data Controller processes the following personal data regarding you: name, surname, telephone number, e-mail address, Instagram profile picture and nickname (hereinafter "Personal Data") collected during the Competition.
Purposes and legal bases of the processing
Your Personal Data are processed by Barilla (pursuant to Article 6(1)(b) of the GDPR) to execute your participation to the Competition to which you freely decided to participate.
In addition, Barilla also reserves the right to process your Personal Data to comply with the regulatory obligations to which it is subject, which constitute the legal basis for this processing; or to establish and exercise a right in court for defensive purposes, as well as out-of-court and in the stages preceding litigation, based on the legitimate interest of the Data Controller in safeguarding its interests.
Your Personal Data will only be processed for as long as necessary for the purposes for which they have been collected, in compliance with the principles of data minimisation and storage limitation.
Barilla also reserves the right to process your Personal Data for as long as necessary to comply with the legal obligations to which it is subject or to ascertain and exercise a right and meet any defensive needs in court, as well as in extrajudicial proceedings and in the phases preceding litigation.
Recipients of Personal Data
Your Personal Data may be shared with: Barilla’s personnel authorised to process the Personal Data; service providers who typically act as data processors, appointed for this purpose pursuant to article 28 of the GDPR; subjects, entities, or authorities, acting as autonomous data controllers, to whom it is mandatory to communicate your Personal Data under the applicable law.
Transfer of Data outside the European Economic Area ("EEA")
Any future transfer of your Personal Data to Countries located outside the EEA will take place in compliance with applicable data protection law and the recommendations of the European Data Protection Board.
Further information is available from Barilla or the DPO by writing to the above addresses.
You may exercise the following rights at any time and if the relevant regulatory requirements are met:
- Right of access. You have the right to obtain confirmation as to whether your Personal Data are processed, as well as the right to receive any information relating to such processing.
- Right to rectification. You have the right to obtain the rectification of your Personal Data, should they be incomplete or inaccurate.
- Right to erasure. In certain circumstances, you have the right to obtain the erasure of your Personal Data present in our databases.
- Right to restriction of processing. Under certain conditions, you have the right to obtain the limitation of the processing of your Personal Data.
- Right to object. You have the right to formulate a request to object to the processing of your Personal Data where you provide evidence of the reasons justifying the objection. Barilla reserves the right to assess this request, which may not be accepted if there are compelling legitimate grounds for processing that override your interests, rights, and freedoms.
- Right to lodge a complaint with the supervisory authority or to file a complaint to the judicial authority. If you consider that the processing of your Personal Data is in breach of data protection law, you may lodge a complaint with the supervisory authority of the Member State in which you are resident or work or of the place where the alleged breach occurred; or to file a complaint in front of the competent judicial authority.
These requests are addressed in writing to the Data Controller at: [email protected]
8- REQUIREMENTS TO MATERIAL
b- Material must not:
- Include recognizable people, other than the Entrant;
- Include people under the age of 18;
- Include visible trademarks, service marks, company names or other intellectual property rights, other than Barilla and Ryanair;
- Infringe upon someone’s privacy or integrity or depict someone in an unpleasant or embarrassing situation; Include any content that promotes any particular political agenda or message;
- Include any messages or images inconsistent with the positive images and/or goodwill to which Promoter wishes to associate;
- Violate any law;
Contain any content that is protected by copyright (without the express prior written consent of the owner of such right), including any music that is not entirely original to and owned by the entrant or include any recognizable locations or include names and/or descriptions of any copyrighted media production, including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property.
c- The Promoter reserves the right to disqualify any submission which, in its sole discretion, it determines to be indecent, offensive or inappropriate or which is otherwise inconsistent with the spirit of the Competition or which is potentially damaging to either the Promoter, the Competition’s, or any third party’s image or reputation.
d- All submitted Photos shall be original works created by a participant. By participating in the Competition each Entrant confirms that:
- The Material submitted by the participant do not infringe another person’s or entity’s copyright, trademark, moral right, right of privacy, or other intellectual property right;
- No other person or entity has any right, title or interest in the Material;
- The Entrant has in no way assigned, licensed, disposed of or otherwise encumbered any of their rights that allow them to submit the Material;
- The Entrant has obtained any and all releases and consents of third parties necessary to permit the submission and exhibition of the Material in the manner set forth in these terms and conditions without additional compensation;
- The Material does not contain unlawful or illegal content or content contrary to the laws or regulations of the country where the Competition is conducted and/or the jurisdiction where the Material was created and/or submitted to the Competition.
e- Entrants understand that they are posting their Material at their sole risk. A Entrant shall be liable for any costs, expenses and losses incurred by the Promoter due to the Entrant’s breach of the requirements related to the Material should the Promoter become the subject of an allegation, claim, legal action or proceeding due to such breach of these terms and conditions.
f- By entering the Competition, entrants agree to have their material, image, first name and abbreviated last name or name of their Instagram account featured in posts on the official Instagram page of the Promotion, within 6 months after the promotion closure without further reference, payment or other compensation. Such page will be visible to all Instagram users worldwide.
- Information on how to enter forms part of these conditions. By participating, you agree to be bound by these conditions.
- The Promoter cannot accept any responsibility for any damage, loss, injury (including indirect or consequential loss) suffered by any Entrant entering the Competition or as a result of accepting any Prize. However, nothing shall exclude the Promoter’s liability for death or personal injury as a result of its negligence.
- The Promoter is not responsible for any technical problems or human error that may result in a registration, submission or entry not being received or being lost or damaged or for any destruction or alteration thereof, or unauthorized access to the website.
- The Promoter’s decisions regarding any aspect of this Competition is final and no correspondence will be entered into. The Promoter may refuse to award a Prize to any person, for any reason.
- The Promoter will not be responsible for, or liable to any winner, if all or part of a Prize is not available or must be varied or cancelled for any reason. In the event of unforeseen circumstances, the Promoter reserves the right to substitute a Prize or an element of the Prize for an alternative of equal value.
- The Promoter is not responsible for any third party acts.
- This Promotion is subject to all applicable laws and regulations.
- If an act, omission, event or circumstance occurs which us beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation.
- If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter including because of war ; terrorism ; state of emergency or disaster (including natural disaster) ; lockdown measures (fully or partially), government or authorities measures, measures to prevent the epidemics or the pandemics (including COVID‑19 pandemic), in the countries concerned by the Promotion ; infection by computer virus ; bugs ; tampering ; unauthorized intervention ; technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) , to modify, suspend, terminate or cancel this Competition, as appropriate.
- The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process or for submitting an entry which is not in accordance with these conditions of entry, or if the entrant is engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
- Neither Promoter nor Ryanair nor any of their subsidiary or affiliated companies are responsible for any condition, circumstances, losses, failures or delays caused by events beyond its or their control such as (but not limited to) the acts or defaults of any supplier selected by Promoter to provide the prize.
- Any Entrant who enters or attempts to enter the Competition in a manner, which is contrary to these terms and conditions or by its nature is unjust to other entrants (including without limitation tampering with the operation of the Promotion, cheating, hacking, deception or any other unfair playing practices such as intending to annoy, abuse, threaten or harass any other entrants or Promoter and/or any of its agents or representatives) may be rejected from the Competition.
- This Competition is in no way sponsored, endorsed or administered by, or associated with Instagram which is in no way responsible for any aspect of this Competition.
The present Full Terms and Conditions are available at: barillaonair.com
This Promotion shall be governed by laws of South Ireland for the Ryanair and Laudamotion flights and by laws of Poland for the Buzz flights.