GENERAL TERMS AND CONDITIONS FOR THE COMPETITION “HAVAIANAS BOARDMASTERS FESTIVAL”
FOR THE 18TH AND 23RD OF JULY 2017
Participation in the Competition “Havaianas Boardmasters Festival” organized through the Havaianas Facebook page (“Competition”) implies the acceptance by the participant of these General Terms and Conditions, which are accessible through the Facebook page of Havaianas and are deposited at the Notary Mr. Javier Navarro-Rubio Serres, with office at Calle Serrano, nº3, 4º, Madrid (Spain):
Promoter: The Promoter of the Competition is Alpargatas Europe S.L.U., with corporate address at Avenida del Arroyo del Santo, 4 bis, 28042, Madrid (Spain) and with tax number B-85358596 (the “Promoter”), which is organized on behalf of Alpargatas UK Ltd, with corporate address at 24, Bradmore Park Road, Hammersmith, W6 0DT, London (United Kingdom), a corporation of the Group Alpargatas.
Duration and participation: The duration of the Competition will be set for July 18th, 2017, from 10:00 -UK Time- to July, 23rd, 2017 at 24:00 -UK Time- (“Competition Period”). Participations made beyond the Competition Period will not be considered. Participation in the Competition is free of charge. Participants must respond through a personal Facebook account to the post published in the official page of HAVAIANAS in Facebook during the Competition Period in the manner as set forth in Clause 4 hereinafter. Participation is open to physical persons, over 18 years old and residents of United Kingdom, that have a personal profile in Facebook. Each participant must ensure that his/her participation in the Competition is lawful and in accordance with the laws of United Kingdom in the moment of participation. Each person may participate only with his/her personal Facebook profile and must communicate to the Promoter his/her full name if the name indicated at the personal Facebook account does not correspond to the exact full name (ie. initials, nickname, etc). Employees of the Promoter (and their direct relatives) and any company affiliated to the Promoter shall be excluded from the Competition. The Promoter reserves the right to verify at any time during the Competition Period or thereafter, that the data of each participant are lawful, and reserves the right to exclude any unlawful participation or cancel the prize. In particular, any request by the Promoter regarding the full name of the participant must be replied within 24 hours.
Limitation of liability: The Promoter is not liable for damages resulting from errors, technical malfunctions, delays or interruptions in the transmission of data or for the use of the application and participation in the Competition, including any injury or damage produced to any computer or propriety of any participant or other person related with or derived from playing or downloading any kind of material of the Competition, unless that damage is provoked intentionally by Alpargatas Europe S.L.U. or its directors, employees or subcontractors, or caused by gross negligence or violation of general obligations.
Description of the Competition: The Competition will be carried out on the official page of HAVAIANAS in Facebook: https://www.facebook.com/HavaianasEurope/. The Competition consists on replying with a comment to the post published in the official page of HAVAIANAS in Facebook indicating a song that makes him/her think about summertime. To participate in the Competition, participants shall agree to the following:
Participants shall fully accept the present General Terms and Conditions of the Competition.
Each participant shall reply with a comment to the post indicating a song that makes him/her think about summertime in order to be eligible for the Prize.
Each participant may participate as many times as desired.
Each participant must communicate to the Promoter his/her full name if the name indicated at the personal Facebook account does not correspond to the exact full name (ie. initials, nickname, etc). In case the Promoter doubts about the trueness of the participant’s full name, the Promoter reserves the right to verify this information and to exclude the Participant from the Competition if he/she does not provide this information within 24 hours from the moment that the Promoter sends a private message to the participant.
The participation in the Competition carried out through Facebook implies the acceptance by the participant of Facebook’s rules.
Participants who have replied to the post in accordance with the General Terms and Conditions will be eligible to win a prize (“Prize”), which consists of:
Two (2) tickets for the Boardmasters Festival, organized in Cornwall at Trebelsue Farm, Watergate Bay, TR8 4AN (United Kingdom), and which will take place from August 9th, 2017 to August 13th, 2017, which consists of a music festival in the Cornish Coast.
On July 26th, 2017, a winner shall randomly be selected out of all the participants that have correctly commented the post in accordance to the present General Terms and Conditions during the Competition Period, before the Notary of Madrid Mr. Javier Navarro-Rubio Serres, with office at Calle Serrano nº 3, 4º, Madrid (Spain). The same Notary will also select out three (3) substitutes in case the winner needs to be replaced in accordance to the General Terms and Conditions of this Competition. This date can be modified by the Promoter, if he deems it necessary.
The Prize and the winner: The winner of the Competition will be notified by the Promoter by the publication of a post with his/her name in the official page of Havaianas in Facebook and by a private message sent to the Winner’s Facebook account. Winner will be asked by the Promoter to send his/her full address. If the Promoter does not receive any news from the winner within three (3) calendar days following the day of notification of the results to the winner through the channels designed for that purpose, or if the winner waives his/her right to receive the Prize, or if it is not possible to contact the winner for causes beyond the Promoter’s control during the previous term established, it will be understood that the winner irrevocably renounces to the Prize which will be cancelled, or that the Prize is rejected, and the Promoter will select one of the substitutes pursuant to the above rules. The Prize will be sent by post to the winner. The Promoter will not be held responsible in case of dysfunction, especially if the winner does not communicate a correct address.
The Prize is non-transferable, non-refundable and, in any case, will not be substituted by a different item nor by its value in cash, save for what is provided in Clause 8.
The effective granting of the Prize is subject to the full compliance by the winner with the present General Terms and Conditions and to the trueness of the data provided to the Promoter. The Promoter reserves the right, at its reasonable discretion, to automatically disqualify without previous notice any participant whose conduct is contrary to the General Terms and Conditions of participation to the present Competition or who is performing an undue or abusive use of the Competition.
Facebook Independence: This Competition has no relation with Facebook and may not be considered, in any case, being sponsored, supported or organized by Facebook. Alpargatas Europe, S.L.U will be the sole addressee of the information provided. The information provided will be used by Alpargatas Europe, S.L.U. exclusively in relation to the present Competition. Any legal claim stemming from the organization and the mechanics of the Competition shall be exclusively addressed to Alpargatas Europe, S.L.U. and not to Facebook. Likewise, any doubt or comment regarding the Competition shall be addressed directly to Alpargatas Europe, S.L.U. to the following email: email@example.com.
Data Protection: Pursuant to the Spanish Law on the Protection of Personal Data, the Promoter informs the participants that the participant’s data shall be included in an automated data file under the ownership of Alpargatas Europe S.L.U. with corporate address at Avenida del Arroyo del Santo, 4 bis, 28042, Madrid (Spain), during the necessary term in order to manage the Competition according to the present General Terms and Conditions. This notwithstanding, the participants may exercise in writing the rights of access, rectification, opposition and cancellation granted by law by, sending an e-mail with the reference “"Havaianas Boardmasters Festival" to the following email address: firstname.lastname@example.org.
If the personal data are untrue or incomplete or not updated, the Promoter may not grant the Prize to the winner of the Competition.
In case a participant provides personal data of third parties, this participant declares to have previously informed and to have obtained the previous consent of those third parties for the treatment of their personal data, being this participant the sole responsible of this statement.
The participants of the Competition consent to their data being used and treated for the purpose of this Competition. According to the Spanish Law on the Protection of Personal Data, it is understood that the participant has granted his/her consent for the treatment of personal data, exclusively for the aforementioned purposes.
Disclaimers: The Promoter reserves the right, in its sole discretion, to disqualify any individual making an unlawful use of the Competition, realizing willful acts or which may damage other participants. In case that the Promoter or any entity linked professionally to this Competition would detect any anomaly or suspect that a participant is impeding the normal development of the Competition or is carrying out any willful act contravening the transparency of the Competition, the Promoter reserves the right to disqualify and even to automatically withdraw the Prize without any justification from any such participants which have benefited, either direct or indirectly, from these types of willful acts, without prejudice to its right to exercise any civil and criminal claims to which it may be entitled.
In this sense, the Promoter declares that it has installed the mechanisms and technological support in order to detect any possible willful, abnormal or intentional action which aims at altering the usual participation in the present Competition.
The Promoter reserves the right to replace the winner by a substitute in case there are reasonable causes to believe that a participant has infringed the present General Terms and Conditions.
In case that this Competition cannot be carried out, due to willful acts, technical errors or any other reason beyond the Promoter’s control and which affects the normal development of the same, the Promoter reserves the right to cancel, modify or suspend the Competition without the participants being entitled to claim any liability to the Promoter.
The Promoter reserves the right to make any modification or add any additional rules on the mechanic and Prize of the present Competition provided they are justified and do not cause any damage to the participants and are duly notified to them.
The Promoter reserves the right to provide an alternative Prize of equal value or to amend these General Terms and Conditions or withdraw the Competition in the event of reasonably unforeseen circumstances. In such circumstances, the Promoter will make every reasonable effort to notify participants of any change or cancellation.
The Promoter shall not be liable for the cancellation, delay or any other modification of transport conditions from the corresponding transportation company.
Applicable law and jurisdiction: This Competition is subject to England and Wales Law. If any clause or part of these General 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. Any dispute or interpretation regarding these General Terms and Conditions shall be settled by the competent courts of the city of London, United Kingdom.