Terms & conditions of the 'Brand naming contest'
“Brand naming competition!” contest rules
“Come up with a good brand name for 3D food printed vegetables for dysphagia patients”
1. Your personal data and the way it is used
As a participant, you give us your full name, address, email address, date of birth and telephone number.
2. Conditions for a valid participation
- You are or shall be a follower of the Gastronology page on LinkedIn and Instagram.
- You are participating as a private individual and not as a company.
- Your employer has no objections to you participating.
- You are not a robot. :-)
- Members of the panel of judges are excluded from participating.
- You may submit 3 (three) names at most (as a participant).
- You have completed the full contest form via de www.gastronology.com website.
- You can participate up to and including 15 October 11.50 p.m. (Dutch time). An entry is only valid if submitted before this time.
- If the participant is younger than 18, the participant's parents or carers must give their consent to participation.
3. The name
- Must sound positive.
- May be fictitious.
- Must be easy to pronounce in at least Dutch and English and, by preference, also in German, French and Spanish.
- May not be a protected or already used brand name, trade name or domain name (see also 'Choice of the wining brand name’).
- Must be substantiated with an explanation.
4. As a participant, you give consent to specific issues
- As part of this contest campaign, a prize shall be given and, through your participation, you commit to cooperate publicly to the giving of the prize and give consent for your name to be announced as the winner as well as being used on photos and/or videos.
- The participant declares he/she is the owner of the intellectual right (such as the copyright and possible portrait rights) of the entry and that these rights do not belong to any other third party. He or she indemnifies Gastronology for claims from third parties on these rights. All (intellectual) property rights that exist or shall arise in relation to and result from the contest are vested in Gastronology. Insofar as the rights are not yet vested in Gastronology, the participant shall transfer these rights to Gastronology by participating in the contest regardless of whether the participant is declared the winner or not. Gastronology accepts this transfer. With regard to Gastronology, the participant shall also waive his/her personal rights that he/she may be entitled to including possible portrait rights insofar as applicable regulations allow such a waiver of rights. The aforementioned means, in any case, that Gastronology may use the entries of all participants in the broadest sense for promotional goals as well as for other business operations of Gastronology or companies affiliated to it. The participant shall not be paid for the use of the entry by Gastronology and the possibility of winning a prize is deemed a reasonable payment. This transfer of intellectual property rights qualifies as a written instrument as referred to in the Dutch Copyright Act. If this is required, the (winning) participant shall voluntarily give his/her cooperation and sign all documents that are required to legally transfer the intellectual property rights to Gastronology.
- By participating, you consent to having this personal data, as referred to in Article 1, used to contact you, send a general information message about Gastronology and, for example, send a message about the way in which the contest is progressing. We shall not share your personal data with third parties.
5. Selecting the wining brand name
Judging shall take place in steps:
- Step 1: The panel of judges verifies which entries meet the conditions specified in this document. Only entries that meet the conditions will be passed onto step 2.
- Step 2: The panel of judges will select a number 1, 2 and 3 (in order of preference). These top 3 shall continue to step 3.
- Step 3: assessment by a trademark right lawyer of the AOMB (Algemeen Octrooi en Merkenbureau; Dutch General Patent and Trademark Agency).
A brand name shall only be eligible to be declared the winner if Gastronology can register it as brand name in Europe for the 5, 29, 31 and 40 categories. Specifically:
- The submitted brand name is not protected as an identical brand name in the 5, 29, 31 and 40 categories in Europe. ‘Protected’ means a registration of the brand name in the trademark register;
- The submitted brand name is not very similar to a brand name that has already been registered in the 5, 29, 31 and 40 categories in Europe;
- The brand name or a very similar brand name is not already being used for a range of food for dysphagia patients.
If there is no winner after Step 3 from the Top 3 brand names selected in Step 3, a new Step 2 shall take place with a new Top 3. This process shall be repeated until there is a winner.
6. The winner
- Gastronology shall make a prize available to the winner. The prize has been announced in advance via www.gastronology.com and via various social media channels such as LinkedIn.
- If the winning brand name has been submitted by several valid participants, the same prize shall be made available to all of these participants;
- Gastronology has the intention of announcing the winner in November 2021 under the reservation of the duration of the trademark research and the possibly required additional judging rounds;
- We shall not correspond about the result;
- The winner shall be informed personally by email. If the winner should not respond within 2 weeks after this email, Gastronology reserves the right to appoint another winner while observing the aforementioned procedure and/or Gastronology reserves the right to register the winning brand name without giving a prize;
- A won prize cannot be exchanged for cash;
- The winner must identify himself or herself upon request before he or she can accept the prize.
7. In the unlikely event that you do not win
A contest also means that you may possibly not win despite your good idea. For us, you are always a winner because you have shown your willingness to be constructive and have our dream come true that people with chewing and swallowing problems can later on again enjoy tasty and healthy food!
8. The panel of judges
The panel of judges shall consist of:
- Peter Nieuwkerk, Gastronology CEO | 3D Food works
- Eugène Swalen, Gastronology SVH Master Chef | 3D Food works
- Ariane van Mancius, NowNewNext marketing agency Managing Director
- Kristel Kalkers, MIJZO care institutions
Gastronology cannot be held liable for damages or losses that arise from or are related to the won prize. Gastronology is not responsible for computer and/or internet disruptions and excludes all liability if participation is temporarily impossible as a result of such a fault.
The contest is being held by:
Gastronology | 3D Food Works – Gastronology BV
Van Konijnenburgweg 24
4611 HL Bergen op Zoom, The Netherlands
Ch. of Comm. no.: 81754523
- When referring to ‘brand name’ in these Rules, ‘word trademark’ is meant.
- By participating, you agree with these Rules and the terms and conditions included in them.
- Dutch law shall apply to the contest and these Rules and any disputes that may possibly arise between, on the one hand, Gastronology and, on the other hand, participants. Such disputes shall be submitted to the competent court in the Netherlands.
- Gastronology may amend specific parts of these terms and conditions due to organisational or legal reasons without prior announcement or further notification afterwards.