Participation in the Havaianas ‘Minion Gift Set’ giveaway on Facebook (the ““Competition“”) is deemed to the acceptance of these Terms and Conditions.
Promoter: the Promoter is Alpargatas Europe S.L.U., with corporate address at Avenida del Arroyo del Santo, 4bis, 28042, Madrid (Spain) and with company number B-85358596 (“HAVAIANAS” or the “Promoter”).
Duration and access: The promotion commences on July 20th 2015, at 10:00 AM CET and ends on July 26th 2015, at 11:59 PM CET (“Promotional Period”). Participations beyond the Promotional Period will not be eligible to win the prize. Participation is free of charge. Entry is open to physical persons resident in the Spanish territory over 18 years old; persons resident in other European Union countries are also eligible. Employees of the Promoter and of any other company affiliated to the Promoter shall be excluded from the promotion. Each participant must ensure that his or her participation in the promotion is lawful in accordance with the laws of the country of which he or she is a citizen and/or resides, and/or happens to be at the time the participation is made. The Promoter reserves the right to verify at any time during the Promotion Period or after, that the data of each participant are lawful, and reserves the right to exclude any unlawful participation or cancel the prize.
Limitation of liability: The Promoter accepts no responsibility for any incomplete, invalid, altered or illegible entries or which fail to be properly submitted. Proof of sending does not constitute to proof of receipt. The Promoter is not liable for damages resulting from errors, technical malfunctioning, delays or interruptions in the transmission of data or from the use of the app and participation in the Contests, including any injury or damage to an entrant’s or any other person’s computer or property related to or resulting from playing or downloading any material in the Contest unless such damage is wilful by the Promoter or its officers, employees or subcontractors or caused by gross negligence or causal violation of general obligations.
No connection with Facebook: This Contest is not sponsored, promoted or in any way managed by Facebook. The participants understand that they are providing their information to the Promoter and not to Facebook. The information provided by the participants shall only be used for the purposes of this competition. Any legal claims, questions or comments arising from the Contest should be addressed exclusively to the Promoter and not to Facebook itself.
Description of the Contest: The contest will be carried out on Facebook and, more specific, on the Havaianas Europe profile (https://www.facebook.com/HavaianasEurope). Participants must answer the Minion related question (the “Question” on Facebook in a comment, directly on the competition post (the “Post”). The participants shall be free to choose the content of the Posts, provided however that the Post shall have a clear link to the Question. In order to be eligible to win the contest, participants shall also take into account the following:
Participants shall not necessarily be followers of Havaianas Europe Facebook
No Posts will be accepted following the expiry of the Promotional Period.
The Promoter reserves the right at any time to exclude from the Competition Posts showing unsuitable content including but not limited to Posts showing minors, Posts featuring products from competitive brands, Posts containing offensive content or any Posts showing a behavior contrary to applicable law or moral rules. The Promoter further reserves the right to exclude from the Contest any participant if there is any reasonable doubt that the participant is using irregular playing methods.
Participation in the competition implies that the participant has a personal account (belonging to a natural person and not a group or legal entity) on Facebook and respects the conditions of this social network (https://www.facebook.com/legal/terms). The organization also reserves the right to report and ask for the removal of a Post, if this Post violates personal rights, is discriminatory or offensive.
Each participant may participate as many times as desired, however, each participant may win only one time. Any material whose proprietorship/authorship cannot be verified by the Promoter may be excluded from the Contests. Participants who accurately answer the Competition Question in their Post will be eligible to win one of the 5 packs that consist of a Minion designed umbrella, notepad and tote bag and a pair of Minion’s flip-flops designed by Havaianas (the “Prize”). Within 5 days after the end of the contest, the 5 winners will randomly be selected out of all the correct answers to the Question before a Notary. The same Notary will also select out 5 substitutes in case any of the winners need to be replaced according to the terms of this Competition. This date may be modified if deemed necessary by the Promoter.
The Prizes and the winners: The winners of the Contest will be notified by the Promoter through Facebook being mentioned in a Facebook post. The winners will also be contacted by Havaianas via private message on Facebook on the same day. The winners will receive the prize within a month from being contacted by Havaianas. If any of the prizes is not claimed to the Promoter within 3 working days following the day of notifying the winner or if the winner waives its right to receive the prize, an alternative winner will be selected by the Promoter pursuant to the above rules. The Prize will be sent by post to the winner for which the Promoter cannot be held responsible in case of dysfunction of the Post system if the Prize gets lost, especially if the winner does not communicate a correct address, or if the Prize is not collected during the period established by the Post office. The Prize is non-transferable, non-refundable and there are no cash alternatives. Prizes shall be granted after confirmation of full compliance with the legal terms and conditions herein. The Promoter reserves the right in its reasonable discretion to disqualify any person whose conduct is contrary to the spirit of these terms and conditions or the intention of the Competition. In this regards, the Promoter reserves the right to make reasonable enquiries to verify that these Terms and Conditions have been complied with in all respects.The Promoter reserves the right to publish the results of the Contest in newspapers, radio, television, social media, or any other media.
Intellectual Property rights: By entering the Contest, participants consent to their name and Post being published by the Promoter and used free of charge in print, online (including social media), audio, image and video material. The winner grants the Promoter a non-exclusive, irrevocable, royalty-free, worldwide, perpetual license (with a right to sub-license) to use, republish, edit and/or modify the videos in any/all media (including in electronic format, hard copy and in Havaianas publications) for such purposes. The winners hereby waive all their moral rights in the videos. For the sake of clarity, rights granted by the participants over all the videos in connection with the Contests include, without limitation, the right of reproduction, of distribution, of public communication, and of transformation, according to the definition of such rights in the Intellectual Property Act passed by Legislative Royal Decree 1/1996 of 12 April. Participants hereby hold the Promoter harmless from and against any third party claim arising from the use the Promoter makes of the audiovisual material, including without limitation, any loss or damages resulting from any claim for infringement of any intellectual or industrial property rights, unfair competition rights or infringement of any applicable legislation.
Personal information: Pursuant to Law 15/99 on the Protection of Personal Data, HAVAIANAS informs the participants as follows: