Terms & Conditions
Terms & Conditions
Your access and use of this website and/or any pages thereof (the "Website") is subject to the following Terms of Use. By accessing, using or contributing to the Website, you accept, without limitation or qualification, the following Terms of Use.
We reserve the right to modify or revise these Terms of Use from time to time, in our sole discretion, by updating this posting. You are bound by any such revisions. Every time you wish to use this Website, please check the Terms of Use, to ensure you understand the Terms of Use that apply at that time. The amended Terms of Use will be effective on the date indicated in the amended Terms of Use.
The term “Barry Callebaut” refers to the entity of the Barry Callebaut group that is responsible for the Website, in particular Barry Callebaut AG, Pfingstweidstrasse 60, 8005 CH, Zürich, Switzerland. Where appropriate, the term "Barry Callebaut" may also refer to any other affiliate member of the Barry Callebaut group. You can contact us using our website contact form.
Use of the Website
- The sender or provider of any communications or content to this Website or otherwise to Barry Callebaut (other than content provided by Barry Callebaut) shall be solely responsible for the content and information contained therein, including its truthfulness, legality and accuracy, as well as for the safety of the transmission. You grant to Barry Callebaut the right to use all content you upload or otherwise transmit to the Website for its business purposes. You agree to be fully responsible for and indemnify Barry Callebaut from and against any and all liability and/or damage arising out of or claims resulting from your use of the Website and the access from your connection to the Website.
- Barry Callebaut reserves the right (but does not assume any responsibility) to delete, modify or supplement the content of this Website at any time for any reason without notification to anyone, and to terminate any user's access to all or part of the Website.
- Permission is given for the temporary storage of the Website’s web pages for the purpose of viewing on a personal computer, monitor or mobile device. Any other use is expressly prohibited.
Intellectual Property / Use of Content
- You should assume that everything made available on the Website is protected by national and international intellectual property laws. Copyright works subsist in the content available on the Website, individually and collectively, as well as in the entire source code used for the deployment of the Website. The trademarks, service marks, trade names, trade dress and products featured on this Website are the subject of registered and unregistered common law protection. All images, video recordings, audio recordings and/or other content provided on the Website are either the property of, or used with permission by Barry Callebaut. No use of any of the foregoing may be made without the prior written authorization of Barry Callebaut.
- The images, video recordings, audio recordings and/or other content may only be used for non-commercial purposes or review. Credit must be accorded to Barry Callebaut as source, e.g. ‘by courtesy of Barry Callebaut’. Reproduction of proprietary images, video recordings, audio recordings and/or other content without giving credit to Barry Callebaut is prohibited.
Liability of Barry Callebaut
- The Website, the content thereof and the products and services provided on or available through the Website are provided on an “as is” and “as available” basis, with all faults.
- Barry Callebaut will use reasonable efforts to include up-to-date and accurate information on this Website, but makes no representations, warranties or assurances as to the accuracy, completeness, fitness for a particular purpose or non-infringement of the information provided.
- To the extent permitted by the applicable law, Barry Callebaut shall not be liable for any direct, indirect, incidental, consequential, special or punitive damages, loss or injury, including but not limited to personal injury, loss of profit, damage to reputation and/or loss of business, resulting from your access to, use of or inability to access this Website, or from your reliance on any information provided at this Website. In particular, Barry Callebaut shall not be liable for any damages to, or viruses that may infect your computer and device, loss of data or other property on account of your access.
Submission and Protection of Personal Data
- Barry Callebaut's use of your personal data and your responsibilities in connection with protecting your privacy are described in our Privacy Policy, which can be found in the footer of the Website.
- You acknowledge that the internet is an open network and transmission of information over the internet is not controlled by Barry Callebaut.
Links to Other Sites
- Barry Callebaut has not reviewed all of the sites linked to the Website and is neither responsible nor liable for the contents of any off-site pages or any other sites linked to the Website. Your access to and use of any of such sites is at your own risk.
Terms and conditions of registration for paid classes
- Price: The price includes the class, the materials it requires, and lunches. It does not include air travel, local transportation costs, meals other than lunch during the class days or accommodation.
- Travel and accommodation: Participants are responsible for making their own travel arrangements and hotel reservations. A list of hotels with which the CHOCOLATE ACADEMY™ center has negotiated preferential room rates is available on request, after receipt of the registration form.
- Cancellation Policy:Our CHOCOLATE ACADEMY™ center Programs can accommodate a limited number of students and are usually full with a waiting list. Should you cancel your participation in a class, we will refund fifty percent (50%) of the price if you cancel in writing fourteen (14) days before the first day of the class. No refunds will be given for cancellation within fourteen (14) days of the first day of the class.
- Subject to the CHOCOLATE ACADEMY™ center’s written agreement prior to the event, the registration may be transferred to another person from the same company or organization at no extra charge.
- The CHOCOLATE ACADEMY™ center reserves the right to cancel a class up to two (2) weeks in advance. If this should occur, we will either postpone the class to a future date or reimburse you for the price of the class.
- Please note that the CHOCOLATE ACADEMY™ center reserves the right to cancel this event or to make minor alterations to the content and timing of the program or to the identity of the trainers. The Chocolate Academy will not, however, be held responsible for any related expense incurred by the participant.
- **For US Chocolate Academy Students** : Full refund will be provided if you cancel 45 days or more prior to the first day of the class you have registered to attend. If you cancel within 45 days of the start of your class, you will receive a credit which you can use toward a future class within a year from the cancellation date.
- Registration and Payment: Enrolment and the schedule will be confirmed after receipt of full payment for the class.
Miscellaneous
- The product- and service-related information provided by Barry Callebaut via this Website is governed by the laws of Switzerland. Should you gain access to this Website and/or make use of it from an area outside the jurisdiction of the laws of Switzerland, you are responsible for the compliance with the respective local laws and regulations.
- You agree that the laws of Switzerland without regard to conflicts of law principles thereof, shall apply to all matters relating to the use of the Website and these Terms of Use. In case of a dispute, you agree to submit to the exclusive jurisdiction of the courts of Zürich, Switzerland. These Terms of Use were last updated on November 23, 2017, and are effective as of that date
Giveaway Rules and Regulations
Chocolate AcademyTM Golden Ticket Giveaway SUBMISSION CONTEST OFFICIAL RULES
OFFICIAL RULES
NO PURCHASE, PAYMENT, OR SUBMISSION TO SALES PRESENTATIONS IS NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
ELIGIBILITY:
The Chocolate Academy Golden Ticket Giveaway is open to legal residents in countries where it is valid ONLY, in this case exclusively the United States and Canada. Employees of Barry Callebaut AG through its business unit Chocolate AcademyTM (“Sponsor”), BARRY CALLEBAUT group, and other providers of the Prizes (collectively the “Prize Providers”) and each of their parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies, and their immediate families and household members are not eligible to enter or win. For purposes of this Giveaway, “immediate families” means parents, grandparents, children, grandchildren, and siblings.
TO ENTER:
- To enter the Giveaway, you must fill out the giveaway form, anytime between November 28th, 2023, and December 15th, 2023. There are no fees to be eligible to win the prizes of this Giveaway.
- All registered members automatically qualify for the Giveaway. One Entry per person per week. Registrations that are lost, late, misdirected, illegible, incompletely received, or incomplete, for any reason, will not be eligible and are not the responsibility of the Sponsor. Proof of sending will not be deemed to be proof of receipt. All registrations become the property of the Sponsor. In the event of a dispute over the identity of a potential winner, the winning member will be declared made by the authorized account holder of the e-mail address submitted at the time of Registration, and any potential winner may be required to provide evidence sufficient to show that he/she is the authorized account holder of that e-mail address. Registrants also acknowledge that they will receive promotional emails from Chocolate AcademyTM, which they may opt out of at any subsequent time.
PRIZES:
- There will be 3 prizes total awarded, 1 out of the 3 award winners will have One Golden Ticket unlocking access to any internal chefs-taught Chocolate Academy courses after the random draw takes place.
- The Prize will consist of a Callebaut Gold Panettone, Hazelnut Cacao Spread, and our signature Golden chocolate bar.
- The Prizes are non-assignable, non-transferable, and not redeemable in cash. There are no prize substitutions, except that the Sponsor may, in its sole discretion, substitute a prize of equal or greater value for a Prize. All Prizes will be awarded. Incidental expenses and all other costs and expenses which are not specifically listed as part of a Prize in these Official Rules and which may be associated with the award, acceptance, receipt, and use of all or any portion of the awarded Prize are solely the responsibility of the respective Prize Winners. All federal, state, and local taxes associated with the receipt or use of any Prize are solely the responsibility of the Winner. The odds of winning the draw depend on the total number of eligible Registrations received.
SELECTION AND NOTIFICATION OF WINNER:
- At the end of the promotion period, the Chocolate AcademyTM manager will randomly select 3 prize winners. The winners will be personally contacted by the end of the week of January 5th, 2024 the latest via the provided email.
- If a Winner does not respond within forty-eight (48) hours of the date appearing on the prize notification or fails to comply with the instructions contained in the prize notification within that time period, Chocolate AcademyTM reserves the right to choose an alternate Winner based on the criteria described above. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate Winner. Upon the request of the Sponsor if any, the potential Winner may be required to return an Affidavit of Eligibility, Release and Prize Acceptance Form, and IRS W-9 form. If a potential Winner fails to comply with these Official Rules, that potential Winner will be disqualified and an alternate winner will be selected based on the criteria described above.
APPLICABLE LAW AND JURISDICTION:
This Giveaway is void where prohibited. This Giveaway is subject to all applicable federal, state, and local laws and regulations. Any dispute arising out of this Giveaway or the Prize shall be governed by the laws of the United States and Canada, without regard to its choice law principles, and shall be subject to the exclusive jurisdiction of the state and federal courts in the United States and Canada. Entrants consent to the personal jurisdiction of said courts.
WAIVERS AND RELEASES:
By entering and registering, entrants agree to:
(a) to be bound by these Official Rules and the decisions of Sponsor, which are final and binding;
(b) that they may be contacted in person, by phone, or by e-mail, with respect to the Giveaway;
(c) that Sponsor, Instagram, and the Prize Providers, and each of their parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies, and their respective officers, directors, shareholders, and employees (collectively “Releasees”) are not responsible for lost, damaged, or misplaced entries, incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, or any other error or malfunction, or any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in this Giveaway, or for any injury to person or property; and
(d) the Releasees will not be liable for losses or injuries of any kind resulting from acceptance/possession/use and/or misuse of the Prize, participation in the Giveaway, or printing, mailing, or distribution errors. Each Prize Winner further acknowledges that the Sponsor does not make any warranties, express or implied, relating to the Prize itself and that the Sponsor expressly disclaims the implied warranties or merchantability and fitness for a particular use. Barry Callebaut has the final decision on the interpretation of the terms and conditions of this Giveaway.
PUBLICITY:
Unless prohibited by law, an Entry constitutes permission for the Releasees to use that entrant’s name, place of employment, submitted creation photo, creation name, creation description, and/or likeness for advertising and trade purposes without further compensation or right of review or approval, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation the Internet.
ADDITIONAL RESTRICTIONS:
If for any reason the Giveaway is not capable of being executed as planned, or tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, Sponsor reserves the right, at its sole discretion, to disqualify any suspect Entry and to cancel, terminate, modify or suspend the Giveaway and/or award the Prizes from among all eligible, non-suspect Entries received as of the date of the termination, as Sponsor determines in its sole discretion. Entries not complying with these Official Rules are subject to disqualification.
DATA PRIVACY:
Entrants agree that their personal data, including name, e-mail address, phone number, and physical address, may be processed, stored, and otherwise used for the purposes and within the context of this Giveaway and for any of the purposes set forth in the Chocolate AcademyTM Privacy Policy at https://www.callebaut.com/en-US/privacy-and-cookie-policy. By participating in this Giveaway, entrants are agreeing to the Chocolate AcademyTM Privacy Policy. Without limiting the foregoing, such data may also be used by the Sponsor in order to contact the Prize Winners, check an entrant’s identity and contact information, or otherwise verify an entrant’s eligibility to participate in the Giveaway or to receive any prize. The personal information that the Sponsor collects is stored and processed on servers in any country in which Barry Callebaut, owner of Chocolate AcademyTM, a member of the Barry Callebaut group, or our hosting providers maintain facilities, including (but not limited to) Belgium, Switzerland, USA, Canada, and Brazil. Any such Barry Callebaut facility will treat your personal data according to this Privacy Policy. By using the Website and accepting this Privacy Policy, you consent to the transfer and the making available of your personal data among these facilities which may involve any trans-border transfer of your data. By participating in the Giveaway, entrants consent to the transfer of their personal information to Canada, and the above mentioned Countries.
SEVERABILITY:
If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
TRADEMARKS:
Trademarks referenced herein are owned by their respective companies and do not imply or suggest that such companies endorse or support this Giveaway.
GRANT OF RIGHTS IN PHOTOS:
As a condition to entry into this Giveaway, each entrant grants to the Sponsor and its parent, subsidiaries, affiliates, employees, licensees, designees, franchisees, development agents, successors, and assigns (collectively the “Sponsor Entities”), a fully transferable, perpetual, irrevocable, and royalty-free worldwide license to reproduce, distribute, modify, publicly display, publicly perform, publish, and otherwise use any and all submitted photos and all other aspects of the Entry in any and all media and formats, whether now known or hereafter developed, and for any purpose, including without limitation:
(a) any purpose relating to the Giveaway;
(b) the marketing, advertising, and promotion of the Giveaway; and
(c) the marketing, advertising, promotion, and development of Sponsor’s products and services.
Said uses may include, but are not limited to, posting the submitted photo on any internal or public external websites and the Internet, and loading and operating the submitted photo on computers and mobile devices. Each entrant agrees, upon Sponsor's request, to do or perform all such actions and execute all such further documents and instruments as may be necessary or advisable in order to perfect or otherwise make the above license grant fully effective. ENTRANTS AGREE TO AND UNDERSTAND THAT PHOTOS MAY BE MADE AVAILABLE TO THE PUBLIC, INCLUDING, BUT NOT LIMITED TO, POSTING ON THE INTERNET.
TO RECEIVE WINNER NAME OR OFFICIAL RULES:
To request the names of all Winners (available after January 4th, 2024) or a copy of these Official Rules, e-mail your request to Fadoua_Zerradi@barry-callebaut.com or mail your request, along with a self-addressed stamped envelope to 600 West Chicago Avenue, Chicago, IL 60654. Requests for a copy of these Official Rules received more than thirty (30) days after the Promotion Period will not be honored.
SPONSOR:
The Sponsor of this Giveaway is Barry Callebaut AG through its business unit Barry Callebaut Canada: 600 West Chicago Avenue, Chicago, IL 60654
NOTE:
This Giveaway is in no way sponsored, endorsed, or administered by, or associated with, Instagram, Apple, Google, Salesforce, or Facebook. YOU ARE PROVIDING YOUR INFORMATION TO THE SPONSOR AND NOT TO Instagram, Apple, Google, Salesforce, or Facebook.