CONDITIONS OF THE PROMOTION
Perfumes y Diseño Comercial S.L. (hereinafter PYD) with registered office at calle Isla de Java 33, Madrid 28034 and with Tax ID Code (CIF): B-81061616, carries out a promotion campaign directed at the clients of its Halloween fragrances. The purpose of this promotion is to boost sales and promote the PYD products.
ONE.- Territorial scope.
The promotion will be carried out in the territorial scope of Argentina, Colombia, Costa Rica, Chile, El Salvador, Spain,. the United States, Guatemala, Hungary, Latvia, Mexico, Panama, Peru, Poland, Portugal, Puerto Rico, Uruguay and Venezuela
TWO.- Temporary scope.
The promotional action will start on the 01 October 2018 at 12:00 hours and will end on the 01 November 2018 at 11:59 hours. (the reference timescale is in accordance with Spanish mainland time).
THREE.- Personal scope of the promotion.
This promotion is addressed at all Halloween fragrance consumers, of legal age, with legal residence in the countries which are object of the promotion.
The promotion is free of charge and does not imply any product purchase.
FOUR.- Mechanics of the promotion and prizes
The consumers may take part in the 20 years dreaming action which will be published on https://www.halloweenperfumes.com/20-years-dreaming.
How to take part
- Participants should upload a photo in their Instagram or Twitter with their favourite Halloween perfume or upload a video congratulating Halloween Perfumes.
- Participants should share the photo or video with the hashtag #20YearsDreaming
The 10 best participations (chosen by an internal jury of PYD) will win customised Halloween fragrance with their name and a T-shirt and in addition their participation will form part of the brand's 20th anniversary video.
Also 10 kits (T-shirt and 15cc fragrance) will be raffled among all the participants.
10 customised fragrances with their name (they may choose between Halloween Eau de Toilette and Halloween Man) and 10 T-shirts for the 10 best participations, decided by the PYD internal jury).10 kits of T-shirt and 15 c.c. fragrance (they may choose between Halloween Eau de Toilette and Halloween Man) raffled among all the participants
The total value of the prizes is 950 Euros.
The winners will be notified within a term of approximately 10 business days from the closing date of the competition.
The names of the winners will be published on the web site of the promotion.
Once the notification referred to in the preceding paragraph has been made, the prize winner will have a term of FIVE (5) calendar days from the date of sending that notification, in which to specifically accept the prize. For any enquiries concerning the prize, winners may get in touch with PYD at the following e-mail address: firstname.lastname@example.org
Once the prize has been accepted and in accordance with the above, PYD will get in touch with the winner, to hand out the prize. In general, and except when it is impossible evidenced by the prize winner, the prize will be sent by postal mail to the address that has been given to PYD. Any class of expense, tax or fees arising from the handing out of the prizes will be paid by the winner.
Should the prize not be accepted for any reason or if it is not handed out due to a failure in meeting the requirements and/or conditions indicated in these conditions, in the term previously established, the prize will be cancelled regarding the units that have been rejected or not handed out.
The prizes that are handed out cannot be exchanged for money, be changed, modified or compensated at the request of the winners. It is forbidden to commercialise and/or sell the prizes.
The prizes are subject to the tax withholdings marked by applicable law, and the prize winner shall be responsible for this, and not PYD.
If the address of the prize winner is in an area in Spain which has a different tax and economic system, the taxpayer (the winner) shall be responsible for paying the Customs duty and will pay that amount to the competent tax administration.
FIVE.- Requirements to take part
Employees or collaborators of those companies involved in carrying out the promotion, their direct relatives and persons under legal age cannot take part in this promotion, unless authorised by their legal representatives.
PYD shall be in charge of certifying the fulfilment of the requirements of the person who wins the raffle, and to proceed with his/her identification.
By taking part, the participants confirm they have obtained the consent of anyone who may appear in the promotion photos/videos, and consequently to share their personal data with the promotion organisers.
SIX.- Authorisation by the winners to PYD
Acceptance of the prize will necessarily imply that the winners authorise PYD to use their name and image for commercial purposes, as well as the winning photographs and/or videos of the competition, on any advertising material relating to this promotion, and in the video of the 20th anniversary of the brand without any kind of remuneration and/or compensation. In this respect, by accepting the prize, the winners grant PYD, for free, all the industrial and intellectual property rights on the winning photographs and/or videos for their reproduction, distribution, transformation and public communication, for advertising purposes relating to this promotion and as part of the video of the 20th anniversary of the Halloween brand which will be made by PYD. The assignment is understood to be made for a world-wide territorial scope and with no time limit. The award of the prize is subject to that assignment of rights. Otherwise, PYD reserves the right to cancel that prize award.
In addition, the winners guarantee PYD that they count on the authorisation of the persons who, if applicable, appear next to them in the photographs and/or videos used for taking part in the competition, to assign the industrial and intellectual property rights on the winning prize photographs and/or videos, as well as their image rights to PYD in the terms set out in the preceding paragraph.
SEVEN.- Acceptance of the conditions
For the mere fact of taking part in this promotion, the participants accept its conditions and the criterion of PYD regarding the resolution of any question arising from it.
EIGHT.- RESERVATIONS AND LIMITATIONS.
Participation in the promotion will be made strictly respecting the rules of good faith. For this, any abusive or fraudulent conduct may lead to the participant's disqualification and loss of any prize he/she might have obtained. By way of information only and without limitation, an abusive or fraudulent conduct regarding the promotion will be understood to have occurred when a malicious attitude is observed or a mass or disproportionate participation, or when any kind of fraud occurs.
Participation in this promotion does not grant the participant any right to industrial and/or intellectual property or of any other kind, especially, inter alia, on the products of PYD, Halloween, its trademarks, logos, and/or designs, the rights of which are the exclusive property of PYD.
PYD reserves the right to defer, change, suspend, modify or cancel this promotion (and also to modify these conditions) at any time based on the promotion needs or when exceptional circumstances or reasons of force majeure occur that impede completing it in the manner set out in these conditions, notifying those circumstances to avoid prejudicing the participants of the promotion. PYD denies any liability in this respect.
PYD will not be responsible for any possible losses, deteriorations, thefts, delays or any other circumstance attributable to third parties that might affect the development of this promotion.
PYD reserves the right to replace the said prizes for others of characteristics and similar or superior value, or to hand over their equivalent value in cash in the event of force majeure.
PYD accepts no liability for the use which the winner makes of the prize. Nor will it be responsible for any damages which the winners may suffer from the use, whether inadequate or otherwise, of the prizes.
NINE.- LAW AND JURISDICTION
This promotion is subject to the Laws of Spain. To hear any kind of litigation which may arise regarding the interpretation or application of these conditions, both PERFUMES Y DISEÑO COMERCIAL, S.L and the participants in this promotion expressly submit to the jurisdiction and competence of the Law Courts and Tribunals of the city of Madrid, Spain, and specifically waive any other law which may correspond to them or own jurisdiction if they have this.
TEN.- Deposit of the conditions
These conditions will be deposited, at least for the entire length of term of the promotion, at the offices of PERFUMES Y DISEÑO COMERCIAL, S.L at Calle Isla de Java, 33. 28034-Madrid, Spain, and they may be personally consulted in opening hours from 9.00 a.m. to 6.00 p.m., Mondays to Thursdays, and Fridays from 9.00 a.m. to 2.00 p.m.. They are also published on the web site: www.halloweenbealegend.com.
ELEVEN.- Data protection
PYD is responsible for the personal data (including their image) which is provided to PYD to take part in the promotion (hereinafter, the “Personal Data”).
PYD will process your Personal Data to permit and manage your participation in the promotion and also to send you the prize if you are the winner. You hereby state that the data provided is true and exact, and you undertake to notify PYD about any modification or variation that occurs in it.
Authentication: The legal base for processing your Personal Data is your consent, given when taking part in the promotion accepting the Legal Conditions and the processing of your Personal Data as set out in this document.
Addressees: The participants are informed that PYD will not make communications of their personal data to third entities.
Preservation. We will preserve your Personal Data for as long as is necessary to permit and manage your participation in the promotion, unless you recall your consent.
At the end of your relation with PYD it is possible that we may preserve some of your Personal Data whilst this is needed to comply with any legal or regulatory obligations to which PYD may be liable, during the limitation term that applies to these obligations.
Rights: Participants may recall their consent, and also exercise their rights of access, rectification, suppression, limitation of the processing, portability and objection to the processing of their Personal Data, by writing to Perfumes y Diseño Comercial, S.L.at c/ Isla de Java, no. 33, C.P. 28034 Madrid, Spain, or at the e-mail address email@example.com, enclosing a copy of their National ID Document, passport or any other equivalent document evidencing their nationality.
You have the right to recall your consent; that recall will not affect the legality of the processing based on that consent given previous to your withdrawal. You have the right to request the protection of the Spanish Data Protection Agency via its web site www.aepd.es.
PYD undertakes to process your Personal Data at all times in an absolutely confidential form and in accordance with the objectives foreseen in this document; and it will adopt the necessary technical and organisational measures that guarantee the security of your data and avoid their modification, loss processing or unauthorised access, duly considering the state of the art, the nature of the stored data and the risks to which they are exposed.
The participants in the promotion guarantee PYD that they have informed the persons who, if applicable, appear next to them in the videos and/or photographs used to take part in the competition, about what is set out in this item "Personal Data Protection”.
TWELVE.- DISCLAIMER OF LIABILITY
This promotion is not sponsored, guaranteed, administered or in any way associated with Instagram and/or Twitter, and consequently the latter accepts no liability with regard to this promotion. The participants in the promotion are aware that they provide the requested information to PYD and not to Instagram. Consequently, any query, comment or complaint with regard to the promotion shall be sent to PYD and in no event to Instagram