GENERAL TERMS AND CONDITIONS FOR THE “HAVAIANAS ADVENT CALENDAR” DURING THE MONTH OF DECEMBER 2016
Participation to the Competition “Havaianas Advent Calendar” giveaway on the Havaianas Europe Facebook page (“Competition”) is deemed to the express acceptance of these Terms and Conditions:
1. Promoter: the promoter is Alpargatas Europe S.L.U., with corporate address at Avenida del Arroyo del Santo, 4 bis, 28042, Madrid (Spain) and with company number B- 85358596 (the “Promoter”).
2. Duration and access: The promotion commences on December 1st, 2016, at 00:00 Central European Time and ends on December 24th, 2016, at 23:59 Central European Time (“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 that have a Facebook personal profile (each participant may participate only with one Facebook profile); 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 resided, 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 price.
3. Limitation of liability: The Promoter is not liable for damages resulting from errors, technical malfunctioning, delays or interruptions in the transmission of data and participation in the Competition, unless such damage is willful by the Promoter or its officers, employees or subcontractors or caused by gross negligence or causal violation of general obligations.
4. Description of the Competition: The Competition will be carried out on the following Havaianas Facebook page: https://www.facebook.com/HavaianasEurope/. The Competition consists on publishing one post per day on the Havaianas Facebook page that shall contain a question about the brand history of Havaianas which must be correctly answered by the participants. In order to be eligible to win, participants shall also take into account the following:
Participants shall accept the General Terms & Conditions of the Competition.
Participants may take part to the Competition by answering to the daily post during the Promotional Period, starting every day at 0:00 and ending the same day at 23:59, and be eligible for the daily prize.
Each participant may participate as many times as desired, however each participant may win only one time the prize of the Competition during the Promotional Period.
Participants who answer correctly to the daily question will be eligible to win one of the 24 gifts (one daily gift per person) that may be a HAVAIANAS poster, a pair of HAVAIANAS flip-flops or a HAVAIANAS sweater that will be chosen by the Promoter (“Prize”). Once per week on Tuesday, the winners (one winner per day) shall randomly be selected out of all the participants that answered correctly to the daily question during the previous week, from Monday to Sunday, before the Notary of Madrid Mr. Javier Navarro-Rubio Serres, with office at Calle Serrano nº 3, 4º izqda., Madrid. The same Notary will also select out 2 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.
5. The Prizes and the winner: The winners of the Competition will be notified by the Promoter through a Facebook private message. They will be asked to send their full address and, if necessary, their flip flops’ size, in case this is the gift chosen by the Promoter for the winner. The winners will receive the Prize within a month from being contacted by the Promoter. 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.
6. Personal information: Pursuant to the Spanish Law 15/99 on the Protection of Personal Data, the Promoter informs the participants as follows:
The participant’s data shall be included in an automated data file under the proprietorship of the Promoter, which shall be the recipient and responsible for the information you have voluntarily supplied to us.
These data shall be used, pursuant to the provisions of such Law, for the purposes of this contest, which shall not be carried out without your data.
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 “Havaianas Advent Calendar” to the following e-mail address: email@example.com
7. Disclaimers: The Promoter 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 Competition will be considered a violation of criminal and civil laws and the Promoter reserves the right to claim that participant damages or pursue any other remedy allowed by law.
The Promoter reserves the right to provide an alternative Prize of equal value or to amend these rules or withdraw the Contest in the event of reasonably unforeseen circumstances. The Promoter will not be responsible for any loss or disappointment caused by the same. In such circumstances, the Promoter will make every reasonable effort to notify participants of any change or cancellation.
8. 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.