TERMS AND CONDITIONS
Perfumes y Diseño Comercial S.L. (hereinafter “PYD”), with registered offices at calle Isla de Java 33, Madrid 28034 and with tax identification number (CIF) B-81061616, is launching a promotion aimed at buyers of its Halloween fragrances. The purpose of this initiative is to promote PYD’s products (“the Promotion”).
1. TERMS AND CONDITIONS: REGIONAL SCOPE
The Promotion is to take place in Mexico, Puerto Rico, Peru, Chile, Guatemala, Uruguay and Hungary.
2. TERMS AND CONDITIONS: TIMESCALE
The Promotion is to begin on 1 September 2019 at 09:00 and end on 31 October 2019 at 23:59 (time zone of mainland Spain).
3. TARGETED CONSUMERS
The Promotion targets all consumers of Halloween fragrances who are of legal age and have legal residence in the aforementioned countries.
The Promotion is free and requires no purchase of any products.
4. PROMOTION RULES AND PRIZES
Contestants may participate in the Promotion “Halloween Sweetie” through the website https://www.halloweensweetie.com (“the Website”).
How can I participate?
1. Contestants are to create a design for their Halloween Sweetie bottle with the items provided on the Website.
2. In order to participate in the Promotion, contestants must register through Facebook or by completing a form.
On the basis of originality and creativity, an in-house jury of PYD will choose the 10 best designs as the winners of the Promotion.
The prize (“Prize” or “Prizes”) is one Halloween fragrance and an exclusive Halloween gift worth 75€
Except in the event of force majeure or circumstances that are not attributable to PYD, notice is to be given to each winner of the Promotion within approximately 10 working days (calendar applicable to city of Madrid) after the completion of the Promotion.
In addition, the names of the winners will be posted on the Website.
Until the aforementioned notice has been given, the prize winners, within five (5) calendar days after the date of the notice, must expressly accept the prize by sending an email to firstname.lastname@example.org. Prize winners may send any prize-related inquiries to PYD at the same email address.
Once the Prize has been accepted, PYD will contact the winners for the purpose of shipping awarded Prizes. As a general rule, prizes will be shipped by post to the addresses submitted to PYD for this purpose. Except for shipping costs, all expenses, taxes or fees deriving from the awarding of Prizes will be charged to the prize winners.
In the event that a Prize is not accepted for any reason (including absence of record of compliance within the aforementioned acceptance period) or that a Prize is not awarded due to non-compliance with the requirements described in the terms and conditions within the established period for reasons that are not attributable to PYD, the contestant’s status as winner will be revoked and the contestant will forfeit his or her right to receive the corresponding Prize.
Awarded Prizes are not exchangeable for cash nor are they subject to change, modification or compensation at the behest of their respective winners. The marketing and/or sale of the Prizes or of the right to receive them are prohibited.
The right to receive a Prize is non-transferrable.
Pursuant to legislation in force, prizes are subject to tax withholding that will be applied pursuant to applicable legislation.
PYD will not ship Prizes to regions other than those corresponding to the countries indicated in Clause 2 of this document.
5. PARTICIPATION REQUIREMENTS
Employees or collaborators of any companies involved in the execution of the Promotion, their direct family members or minors may not participate in this Promotion.
PYD is responsible for verification of winning contestants’ compliance with the requirements established in these terms and conditions and for the identification of the winning contestants.
All contestants’ entries must be received within the promotion period in order to be considered valid, and PYD reserves the right to reject as unacceptable any entries that are illegible, incomplete or invalid or those that are submitted late or in a manner that fails to comply with the terms and conditions of this document.
6. PRIZE WINNERS’ AUTHORISATION OF PYD
A contestant’s acceptance of a Prize necessarily implies the assignment of all rights inherent to the design and the contestant’s authorisation of PYD to use publically and for advertising purposes the contestant’s name and/or image for the advertising material related to this Promotion with no restrictions and without the contestant being entitled to receive any kind of remuneration.
7. ACCEPTANCE OF TERMS AND CONDITIONS
Contestants’ participation in the Promotion implies their acceptance of the terms and conditions of this document and of PYD’s criteria with regard to the resolution of any matters deriving from the Promotion and, in particular, to the selection of the winners.
8. RESTRICTIONS AND LIMITATIONS
Promotion entries must strictly observe the rules of good faith. To this end, any abusive or fraudulent behaviour may at the discretion of PYD result in the disqualification of the Contestant and the waiving of the right to receive any Prize that the contestant may have obtained. As a non-comprehensive example of this, it will be considered that abusive or fraudulent behaviour has taken place in relation to this Promotion upon observance of ill will or of massive or disproportionate participation or when any other type of fraud takes place.
Participation in the Promotion does not entitle contestants to any industrial and/or intellectual property rights or any other kind of rights in relation to the products, brands and/or distinctive symbols, among others, of PYD, Halloween, its brands, logos and/or designs, the rights of which are held exclusively by PYD.
PYD reserves the right to delay, change, cancel or modify the Promotion (and to modify the terms and conditions of this document) at any time as a means of meeting the needs of the Promotion or in the event of special circumstances or force majeure that make such actions necessary or that prevent completion of the Promotion under the foreseen terms. PYD agrees to report any such modifications in order to avoid to the greatest possible extent any adverse consequences for the contestants. PYD will not be held liable for the consequences of such modifications.
PYD will not be held liable for any possible loss, deterioration, theft, delay or any other circumstance attributable to third parties that might affect the execution of the Promotion.
In the event of force majeure, PYD reserves the right to substitute the Prizes for others of similar characteristics and of similar or higher value or to award contestants with the cash value of the prizes.
Each contestant may participate in the Promotion one (1) time only.
9. LAW AND JURISDICTION
This Promotion is governed by Spanish legislation. For the hearing of any type of litigation that may be considered in relation to the interpretation or enforcement of these terms and conditions, PYD and the contestants expressly submit to the jurisdiction of the courts of Madrid (Spain) with express waiver of any other rights or jurisdiction to which they may be entitled.
10. DISPLAY OF TERMS AND CONDITIONS
These terms and conditions will be on display, at least until completion of the Promotion, at the registered offices of PERFUMES Y DISEÑO COMERCIAL, S.L at calle Isla de Java, 33. 28034 Madrid, Spain, and may be examined during working hours from 09:00 to 18:00 Monday to Thursday and from 09:00 to 14:00 on Fridays. These terms and conditions have also been posted on the Website: https://www.halloweensweetie.com.
11. DATA PROTECTION
The collected data are to be processed by PYD for the supervision of your participation in the Promotion and, when applicable, for the shipment of the Prize if your entry is chosen. Similarly, with your consent, we will process your data to send you information in relation to promotions, discounts and other commercial initiatives that may interest you. As a contestant, you state that the data provided are accurate and true, and you agree to report to PYD any modification or variation of the data.
Your acceptance of these terms and conditions and consequent participation in the Promotion is the legal basis for the processing of your data for the purpose of supervising your participation. Your consent is the legal basis for the processing of your data for the purpose of sending you information on our products and services, and you may withdraw your consent at any time with no further explanation.
PYD will not share any of the contestants’ personal data with third parties (aside from the use of names associated with winning designs, as indicated in clause 6 of these terms and conditions) except for the courier DHL or the authorised distributors in the winning contestants’ countries of residence for the sole purpose of shipping prizes to the winners.
PYD will keep contestants’ personal data on file as long as their consent has not been withdrawn or until they exercise their rights of cancellation or objection to the processing of their data.
Contestants may withdraw their consent and exercise their rights of access, correction, cancellation, limitation of processing, portability of data and objection to the processing of their data, pursuant to legislation in force, by written request sent to Perfumes y Diseño Comercial, S.L., c/ Isla de Java, nº 33, C.P. 28034 Madrid, Spain. The request must include a photocopy of the contestant’s national identification document or any other official form of identification.
PYD agrees to uphold the strictest confidentiality at all times in the processing of the personal data, in accordance with the purposes defined in this clause, and to take all technical and organisational measures necessary to ensure the security of the data and to prevent any unauthorised modification, loss, processing or access, considering the state of the technology, the nature of the retained data and the risks to which the data are exposed.
12. WAIVER OF LIABILITY
This Promotion is not sponsored, backed or managed by Instagram, Facebook, Twitter or Whatsapp or any other social network. The aforementioned are not associated with the Promotion in any way nor do they assume any responsibility in relation to it. Contestants are aware that they are submitting the requested information to PYD and not to Instagram, Facebook, Twitter or Whatsapp. Consequently, any question, comment or complaint in relation to the Promotion must be submitted to PYD and at no time to Instagram, Facebook, Twitter or Whatsapp.