These Terms and Conditions govern the “Avator Energy Bonus Cashback promotion” (the “Promotion”) issued by Brunswick Marine in EMEA., LLC (hereinafter “Mercury Marine EMEA”), located in Parc Industriel de Petit-Rechain, 4800 Verviers, Belgium.

The Promoter uses the services of Benamic Ltd, located at IDA Business and Technology Park, Ring Road, Kilkenny, Ireland (acting as a data processor) as a fulfilment agency to assist it in administering the Promotion and verifying and fulfilling claims in accordance with these Terms and Conditions.

These Terms and Conditions are available in English and in your local language upon request.

ARTICLE 1 - PARTICIPANTS

1.1               This Promotion is only open to Participants, as defined below.

1.2               A Participant is from the following countries:

Belgium, Germany, Netherlands, France, Sweden, Norway, Finland, Switzerland, Austria, United Kingdom, Spain, Poland, Croatia, Hungary, Greece, Portugal, Serbia, Denmark.

1.3               Employees of Mercury Marine EMEA its affiliated companies, their families, agents and other parties directly involved with this promotion are not eligible to enter.

1.4               This Promotion is only open to Participants purchasing for their own use i.e. end users. Mercury Marine EMEA reserves the right to verify the eligibility of Participants and/or to exclude Participants at its sole discretion at any time for any reason. Resellers may not submit claims on behalf of their customers.

ARTICLE 2 - HOW TO PARTICIPATE

2.1               This Promotion is open to Participants purchasing Mercury Avator 7.5e, 20e or 35e, as listed in article 3.1. (the “Product”) To be eligible for cash back, the Participant must purchase the Product from an authorized Mercury dealer or reseller, in Belgium, Germany, Netherlands, France, Sweden, Norway, Finland, Switzerland, Austria, United Kingdom, Spain, Poland, Croatia, Hungary, Greece, Portugal, Serbia, Denmark  before 30 June 2024.

2.2               Fully completed and correct claim forms, together with a copy of the original receipt, must be received no later than 31 July 2024 by online submission using the claim form available at https://startyourelectricjourney.sales-promotions.com/. The Participant will be asked to provide its personal details including payment details. Once a claim is received a confirmation of receipt will be sent by email.

2.3               Each cash back claim is limited to a single use and cannot be used in conjunction with any other promotional voucher or cash back offer against the applicable Products, as stated in Article 3.1.

2.4               Proof of purchase should be a legible copy of the retail receipt or invoice clearly showing the retailer name, date of purchase, product name, purchase price, part number & serial number. Documentation submitted for this offer will not be returned.

2.5               Mercury Marine EMEA, will deliver Cashback amount in local currency via BACS transfer, within 28 days of validation of your claim.

ARTICLE 3 – CASH BACK

3.1.             The cash back offer is as listed below for the following Products. If your product is not listed below, you are not entitled to any cashback.

Applicable products:

Cashback offer:

3.2.             The cash back claim form cannot be exchanged for cash.

3.3.             Where the cash back payment constitutes a taxable benefit, the tax liability lies with the Participant. Accordingly, if your bank charges you, such charges will be deducted by your bank from the cash back amount.

3.4.             In the event that the Participant returns the Product, the Participant will not be entitled to claim cash back and any claim will be thereafter dismissed.  For the avoidance of doubt this clause does not prohibit in any way the Participant’s right to exercise their applicable statutory or warranty rights.

ARTICLE 4 - RIGHT OF WITHDRAWAL

4.1.             Mercury Marine EMEA reserves the right to withdraw this Promotion at any time.

ARTICLE 5 – PRIVACY & DATA PROTECTION

5.1.             Upon registration, the Participant acknowledges that its personal data will be processed by Mercury Marine EMEA. Mercury Marine EMEA is an affiliate of Brunswick Corporation, which acts together with Brunswick Marine in EMEA, as joint controller.

By submitting its Personal Data to participate to this promotion, the Participant acknowledges that its data will be processed according to the Brunswick Privacy Policy available at https://www.brunswick.com/privacy-policy. Mercury Marine EMEA may appoint processors and sub processors to administer the promotion and conduct marketing and quality control analysis. Mercury Marine EMEA shall when using the services of processors, ensure that it enters into agreements governing the processing of the Participants’ personal data.

5.2.             Mercury Marine EMEA and its agents and processors are responsible for securely storing and processing the Participant’s personal data wholly in accordance with applicable local Data Protection Laws and Regulations, including Regulation (EU) 2016/679 (General Data Protection Regulation). Mercury Marine EMEA establishes sufficient technical and organizational measures to protect Participant’s personal data, and ensure that its processors establish similar measures when it shares Participant’s data with them.

5.3.             The Participants personal data shall only be retained for the time necessary to administer the Promotion. Participants information and personal data processed on Mercury Marine EMEA systems and that of its processors for the purpose of administering the promotion shall be deleted permanently after completion of the Promotion.

5.4.             The Participants personal data collected and processed in accordance with Article 5 and 6 of Regulation (EU) 2016/679 (General Data Protection Regulation), Mercury only collects and processes following data which are adequate, relevant, and not excessive to:

5.4.1.        Administer the Promotion and verify the Participant’s eligibility:

-          First Name, Last Name

-          Email address

-          Phone number

-          Country of residence

-          Invoice used as evidence of the purchase of a Product

-          Serial number of the Product

-          Bank Account number

In such case, Mercury Marine in EMEA processes Participants information to fulfil the execution of a contract with the Participant.

5.4.2.       Maintain records related to the Products Participants bought in order to inform Participant about potential maintenance needs or risks linked to the use of their Product:

-          First Name, Last Name

-          Email address

-          Phone number

-          Country of residence

-          Serial number of the Product

In such case, Mercury Marine EMEA processes Participants information based on its legitimate interest, in order to be able to reach out to its customers to provide important operational and safety related information regarding the Participant’s Products.

5.4.3.       Send Participants personalized promotional content and communications as well as Mercury Marine EMEA’s newsletter:

-          First Name, Last Name

-          Email Address

-          Phone Number

-          Answer to questions related to personal preferences (Optional questions)

In such case, Mercury Marine EMEA processes Participants information only in case the Participant expressly consents opt-in to receive personalized marketing communications by ticking the relevant opt-in box. Participants can opt-out from marketing communications by clicking the relevant unsubscribe button at the bottom of Mercury Marine EMEA email communications.

5.5.             Participants have the right to access, rectify, erase, and restrict the processing of their personal data. To exercise these rights, users can submit a subject access request at the following address https://www.brunswick.com/dsar.  

ARTICLE 6 - DISCLAIMER

6.1.             No responsibility will be accepted for claims lost, delayed or for those claims not received by the closing date.

6.2.             Claims will be disqualified if incomplete or illegible. It is the Participant’s responsibility to ensure that sufficient details are provided for claims to be processed.

6.3.             Mercury Marine EMEA is not liable for any costs incurred by the Participant relating to the promotion.

6.4.             Mercury Marine EMEA shall not be liable for any delayed claims of any nature with regard to this Promotion.

6.5.             Mercury Marine EMEA shall not be liable for any failure to fulfill this offer where such failure is caused by any supervening circumstances amounting to force majeure (meaning: beyond Mercury Marine EMEA’s reasonable control) and/or events which, without the fault of either party, render performance impossible or incapable of satisfactory execution.

6.6.             Mercury Marine EMEA reserves the right to withdraw this promotion at any time and/or to unilaterally change the terms and conditions without incurring any liability.

ARTICLE 7 - MISCELLEANOUS

7.1.             Complaints & Disputes - Any complaints or disputes related to the Promotion or these terms and conditions must be submitted in writing to morgan.freres@mercmarine.com.

7.2.             Jurisdiction - These terms and conditions are governed by the laws of Belgium and come under the exclusive jurisdiction of courts of Belgium.