Participation in the Havaianas: #FLATITUDE contest on Instagram (the “Contest”) 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 and with company number B-85358596 (“HAVAIANAS” or the “Promoter”).
Duration and access: The promotion commences on June 1st 2015, at 10:00 AM CET and ends on June 14th 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 the age of 18; 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.
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 Instagram: This Contest is not sponsored, promoted or in any way managed by Instagram. The participants understand that they are providing their information to the Promoter and not to Instagram. 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 Instagram itself.
Description of the Contest: The contest will be carried out on Instagram and, more specific, on the Havaianas Europe profile (@HavaianasEurope). Participants shall post a picture or video on Instagram with the hashtag #flatitude (the “Post”) that shows the flat shape of Havaianas Europe´s new product “Havaianas flat” by making a flat body pose (the “Theme”). The participants shall be free to choose the content of the Posts, provided however that the Post shall have a clear link to the Theme and should necessarily be original and therefore, of exclusive property of the participant.
In order to be eligible to win the contest, participants shall also take into account the following:
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 upload and tag their Posts will be eligible to win one of the 10 packs that consist of a pair of Havaianas Flat model and a lilo (float) that will be given away after the end of the competition (specific models to be given away shall be subject to stock availability) (the “/Prize”). Participants may upload their videos and/or pictures during the Promotional Period and no later than on June 14 at 12:00 pm CET.
Within 3 days after the end of the contest, the Promoter will select the best Posts conveying the best planking pose with the best Havaianas spirit. 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 Instagram being mentioned in an Instagram post. The winners will also be contacted by Havaianas via private message on Instagram 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.
Prizes shall be granted after confirmation of full compliance with the legal terms and conditions herein.
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:
The participant may exercise the rights of opposition, access, rectification and cancellation granted to you by law by sending an e-mail with the reference " FLATITUDE” to the following e-mail address: firstname.lastname@example.org
Disclaimers: HAVAIANAS reserves the right, in its sole discretion, to disqualify any individual they find tampering the entry process or the operation of the Contest or in the violation of these rules. Any attempt by any participant to undermine the Contest will be considered a violation of criminal and civil laws and Havaianas reserves the right to claim that participant damages or pursue any other remedy allowed by law.
Havaianas reserves the right to amend these rules or withdraw the Contest at any time. Havaianas will not be responsible for any loss or disappointment caused by the same. In such circumstances, Havaianas will make every reasonable effort to notify participants of any change or cancellation.
Miscellaneous: If any clause or part of these terms and conditions is held invalid or unenforceable, that clause or part thereof shall be deemed excluded and the rest of the rules will remain applicable.
This promotion is subjected to the Spanish legislation. Any dispute or interpretation regarding these Terms and Conditions shall be settled by the competent courts of the city of Madrid, Spain.