GENERAL TERMS AND CONDITIONS FOR THE COMPETITION “HAVAIANAS CHRISTMAS COMPETITION”
FOR THE 7th, 14th AND 21st OF DECEMBER 2018
Participation in the Competition “Havaianas Christmas Competition” organized through the official Havaianas Instagram page (“Competition”) implies the acceptance by the participant of these General Terms and Conditions, which are accessible through the Havaianas Instagram page:
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”).
Duration and participation: The duration of the Competition will be set for the days 7th, 14th and 21st of December 2018, from 00:00 to 23:59h of each day -Central European 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 Instagram account to the post published in Havaianas Instagram page 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 resident in any country of the European Union. Each participant must ensure that his/her participation in the Competition is lawful and in accordance with the laws of the country where he/she is resident in the moment of participation. Each person may participate only with his/her personal Instagram account. 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.
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 Havaianas Instagram official page: https://www.instagram.com/havaianaseurope.The participant shall respond, during the Competition Period, to the Promoter's publication on Havaianas Instagram page by tagging one (1) friend with a personal profile on Instagram and by indicating the reason why he/she believes his/her friend should receive the Prize as a Christmas gift.
To participate in the Competition, participants shall agree to the following:
Participants shall fully accept the present General Terms and Conditions of the Competition.
During the Competition Period, the Promoter will post a publication on the official Havaianas Instagram page inviting Instagram users to participate in the Competition. Any contestant wishing to participate must reply to said publication and tag, during the Competition Period, one (1) friend with a personal profile on Instagram and indicate the reason why he/she believes that his/her friend should receive the Prize as a Christmas gift. Participants may tag as many friends as they wish, as long as there is only one friend tagged in every comment.
The participation in the present Competition carried out through Instagram implies the acceptance by the participant of Instagram’s terms and conditions.
A panel of experts consisting of 3 (three) employees of Havaianas which are marketing experts will select one (1) winner for each day of the Competition Period. The winner will have written the comment which is most aligned with the spirit and values of the brand, according to the conditions established in the General Terms and Conditions of the Competition. The same panel of experts will also select two (2) substitutes for each winner in case the winner must be replaced in accordance with the terms of this Competition.
The Prize and the winner: Participants who have answered according to the conditions established in these General Terms and Conditions will be eligible to win the following, depending on which day the contestant participated:
On 7th December 2018, there will be one (1) winner that will receive one (1) pair of one size fits all flip-flops signed by Naia Ceschin and one (1) pair of flip-flops of Havaianas.
On 14th December 2018, there will be one (1) winner that will receive one (1) pair of one size fits all flip-flops signed by Sergio Pérez and Esteban Ocon, and one (1) pair of flip-flops of Havaianas.
On 21st December 2018, there will be one (1) winner that will receive one (1) pair of one size fits all flip-flops signed by Bebeto (José Roberto Gama de Oliveira) and David Luiz, and one (1) pair of flip-flops of Havaianas.
The Promoter expressly informs that the pair of signed flip-flops referred to in the previous paragraph is one size fits all and that there will be no possibility of changing its size. However, the winner will be able to choose the size of the pair of flip flops of Havaianas which is not signed but not the model.
Participants may participate each day of the Competition Period, but they can only one be winners one day. Consequently, each participant may receive a maximum of one (1) signed flip flop and one (1) pair of flip-flops of Havaianas.
The Promoter will publish the names of the winners of the Competition on December 26th, 2018 in the Havaianas profile stories on Instagram. This date may be modified if deemed necessary by the Promoter.
Winners of the Competition will be contacted by the Promoter with a private message on Instagram and will be asked by the Promoter to send their full name, shoe size, email and address where they want to receive the prize.
The Promoter undertakes to use this data only to contact the winners for the purposes of the management and processing of this Competition.
If the Promoter does not receive any news from the winner within twelve (12) hours following the day of communication with 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 annulled, or that the Prize is rejected, and the Promoter will select an alternative winner pursuant to the above rules.
The winner will receive the Prize to the address previously provided to the Promoter. The Promoter will not 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.
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.
Instagram Independence: This Competition has no relation with Instagram and may not be considered, in any case, being sponsored, supported or organized by Instagram. Alpargatas Europe, S.L.U will 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 current legislation on data protection, , the Promoter informs the participants that the participant’s data will be processed by Alpargatas Europe S.L.U. with corporate address at Avenida del Arroyo del Santo, 4 bis, 28042, Madrid (Spain), as the data controller, with the sole purpose of managing your participation in the competition.
Your personal data will be stored for the period necessary for the fulfilment of the purposes described above, and, where appropriate, for the fulfilment of contractual obligations and the relevant legal responsibilities. In any event, your personal data will be deleted once the event ends.
Similarly, we hereby inform you that your data may be disclosed to companies of the ALPARGATAS Group, which may be located within the European Economic Area.
In this regard, ALPARGATAS hereby informs that it has adopted all the necessary legal measures in order to ensure that the transfer of data to such countries is secure and in accordance with the provisions of the applicable legislation.
A winner of the prize may not be granted the prize, in case the personal data shared with the Promoter is uncertain, incomplete or not updated.
We hereby inform you of your right to request access to and rectification or erasure of your personal data or restriction objection to its processing as well as your right to request data portability, which you may communicate in writing to firstname.lastname@example.org , by attaching a copy of your identity card. We also hereby inform you of your right to file a complaint to the Spanish Data Protection Agency.
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 reserve 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 affect 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 Spanish 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 Madrid, Spain.