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Ramadan 2017 Contest rules

ONE.- TERRITORIAL AMBIT, TIMING AND PARTICIPANTS

The entity Joyería Tous S.A. (hereafter referred to as “Tous” or “Sponsor”), domiciled in Ctra. De Vic, El Guix, 3 08243 Manresa (Barcelona), Spain, will hold a free CONTEST (no purchase or payment of any kind is necessary to enter or win), in the territories of: Kingdom of Saudi Arabia and United Arab Emirates (hereinafter, THE PARTICIPATING COUNTRIES). Void where prohibited by Law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions which are final and binding in all matters related to the CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

The period for entry in the CONTEST (hereinafter THE PERIOD), provided the other conditions set out below are met, will be as follows: From the 27th May 2017 at 0.00 to the 26th June 2017 at 24.00h, (both included) local time.

The winners shall be chosen on the date specified in section five of these rules among all participants who participated in the CONTEST within the PERIOD and who meet the applicable obligations and requirements set out in these Regulations.

In case of force majeure or unforeseeable circumstances TOUS may modify the date of the CONTEST. Participants will be informed of the new dates of the CONTEST well in advance through the website www.tous.com and/or social networks.  TOUS also reserves the right to modify the conditions of the CONTEST, provided it exists a just cause, and duly informing the participants through the website www.tous.com and/or social networks.

Notwithstanding this CONTEST is developed through Facebook, this CONTEST is in no way sponsored, administered, endorsed by, or associated with Facebook.

 

TWO.- PURPOSE

The purpose of the CONTEST is to generate new fans in the TOUS’ PARTICIPATING COUNTRIES Facebook pages (https://www.facebook.com/tous-arabia) and Instagram page @TousArabiaOfficial. 

 

THREE.- PRIZE

 

The CONTEST prize (hereinafter “Prize”) is three (3) sets of two (2) TOUS bracelets as follows:

 

-        Ref. Number 613101660 – Description: Vermeil Rose Sterling Silver and Black IP Mesh Cuff.

Retail Price:

Kingdom of Saudi Arabia: 1.300 SAR

United Arab Emirates: 1.100 AED

 

-        Ref. Number 613101010 – Description: Gold and Steel Mesh Cuff.

Retail Price:

Kingdom of Saudi Arabia: 2.100 SAR

United Arab Emirates: 1.700 AED

 

Total value of the prize:

                  Kingdom of Saudi Arabia: 3.400 SAR

                  United Arab Emirates: 2.800 AED

Each Prize must be accepted as awarded. No cash alternatives, substitution or transfers of the Prize will be allowed. If the prize cannot be awarded as described in these rules, TOUS reserves the right to substitute the above prize with another of comparable value, as determined in its sole discretion.

 

Residents in the PARTICIPATING COUNTRY are responsible for the reporting and payment of any income taxes applicable.

 

TOUS reserves the right to modify the above prize for reasons of force majeure, it may be replaced by another of similar value and nature.

 

FOUR.- ENTRY MECHANISM

No purchase necessary. The CONTEST is open to everyone of age who is resident in the PARTICIPATING COUNTRY. The identity and age of the participants shall be checked by TOUS through any official documents (ID, passports, driving license, etc.).

 

In order to participate and in accordance with the present legal rules, the participants must:

 

a)      Visit the TOUS’ PARTICIPATING COUNTRIES Facebook page at https://www.facebook.com/tous-arabia (for both countries) or the TOUS PARTICIPATING COUNTRIES Instagram page at @TousArabiaOfficial (for both countries).

b)      Become fan of the TOUS’ PARTICIPATING COUNTRIES Facebook pages and following the TOUS´PARTICIPATING COUNTRIES Instagram pages.

c)      Liking the CONTEST special post adding a comment why you would give TOUS as a gift

 

Provided that the participants have fulfilled the requirements described above, the rest of the requirements of these CONTEST rules and the applicable legislation, it will be considered one (1) entry in the CONTEST, the rules of which can be consulted in www.tous.com. By participating in the CONTEST, the participants declare that they have read and accepted these CONTEST rules.

TOUS is not responsible for lost or delay for any interruption, temporary lack of availability or continuity of operation, transmission problems, loss of information, fraud, network malfunction, failure of access, communication or response or alteration of connections and/or access to Internet, telephone terminals, computers, tablets or any other devices that are used for activities in order to participate in this CONTEST, for technical or other issues that are not directly attributable to TOUS or that escape its control.

Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. TOUS and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise.  Proof of submission will not be deemed to be proof of receipt by SPONSOR. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address of the submitter will be deemed to be the entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address.

The participants can participate only one time in the CONTEST.

 

FIVE.- CONTEST

The choice of the winners for the PARTICIPATING COUNTRY will take place on the 10th July 2017, at 12:00 p.m. (local time) in the TOUS headquarters at Carretera de Vic, El Guix, 3, Manresa, Barcelona, Spain.

There TOUS, by means of an internal jury composed of 3 members of TOUS will choose among all the valid participations the number of winning comments established in Section 3, based on the originality and trademark TOUS identification criteria. Each criterion shall have a maximum of 10 points, so that the maximum punctuation shall be of 20. The jury’s decision will be final and no correspondence will be entered into.

Having selected the winning comment, the TOUS internal jury will select another comment from among the rest for each PARTICIPATING COUNTRY, to be considered as a reserve for any case of:

 

-       Incomplete or incorrect identification of the lucky winner;

-       Failure to comply with any of the CONTEST rules;

-       Non-acceptance by the lucky winner, and/or

-       Impossibility to receive the prize, and/or

-       No reply accepting the prize having been received within the maximum of seven (7) days described in this Rule.

 

When the winning comment has been selected, TOUS will contact the winner by answering the winner comment and will ask the winner to send an email to facebook@tous.com, then TOUS will ask the winner to respond, within seven (7) days, that they accept the prize in the terms established in Section 10.

The name of the winner shall be published on the social channels of TOUS during the following month, from the selection, and provided the winners have accepted previously by signing the Prize Acceptance in Appendix I, according the applicable data protection laws and regulations.

 

SIX.- CONTEST COMMENTS CRITERIA

The comments of each participant on the entry form must be original works, authored by the participant.

The comments may not be, at the discretion of TOUS, contrary to the law, morality or public order, nor be offensive, hateful, slanderous, libellous, tortious, discriminatory or annoying, it being understood that comments with violent content, pornographic, racist or bad taste, or by any other cause in the view of TOUS which may injure or cause injury to the image of TOUS or third persons, TOUS reserves the right to withdraw and cancel participations containing such comments from the CONTEST. In addition, comments may not reference third parties, including, but not limited to minors, celebrities, and friends, who have not expressly authorized participant to reference them in the comment. Participant must be prepared to provide a signed third party authorization upon request. Comments must not include mention or performance of any copyrighted media production including, but not limited to, books, articles, photographs, artwork, music etc., or identifying descriptions of any media property.

 

SEVEN.- SUSPENSION OR CANCELLATION OF THE CONTEST

TOUS’s failure to enforce any term of these OFFICIAL RULES shall not constitute a waiver of that provision. If, through cause of force majeure, unforeseeable circumstances or reasons outside TOUS’s control, the CONTEST has to be suspended or cancelled, TOUS will be exempt from any obligation of compensation and/or indemnity to the participants, as applicable, who will be duly informed by the same means used to communicate the celebration of the CONTEST. In particular, without limitation, TOUS shall not be liable for early termination or cancellation of the CONTEST (i) by the relevant authorities (including, among others, bodies and security forces) or (ii) by organizers when security or similar nature reasons so advise.

 

EIGHT.- FRAUD

Failure by any participant to the conditions set out in these rules or laws, regulations and ordinances that may be applicable, shall result in an automatic cancellation of its participation.

In the event that TOUS or any entity professionally linked to the CONTEST should detect any anomaly or suspect that a participant preventing the normal progress of the CONTEST, including unlawfully altering their participation by any technical or computer procedure in order to falsify the results, it may, unilaterally, disqualify the participant. In this respect it is important to add that TOUS has taken such steps as are thought appropriate to prevent any possible fraudulent, anomalous or unlawful action intended to alter the entry in the CONTEST with the aim of obtaining a prize in an unlawful way. Therefore TOUS reserves the right to eliminate any participant who is found or suspected to have participated in an irregular action in the sense described above.

 

NINE.- CHANGING THE PRIZE

Limit one (1) prize per person/per email address/household. Prize cannot be substituted, assigned, transferred, or redeemed for cash except without TOUS’s prior written consent. TOUS will not replace any lost or stolen prize or components of a prize. Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these OFFICIAL RULES is available to be won in the CONTEST. If, by reason of a print or other error, more prizes are claimed than the number set forth in these OFFICIAL RULES, an alternate winner will be selected in accordance with the winner selection method described in these OFFICIAL RULES within timing as prescribed from among all eligible claimants making purportedly valid claims to award the advertised prize.

 

 

TEN.- NOTIFICATION TO THE WINNER

TOUS will notify the selected prize winners, by answering the winner comment so the participants will need to pay attention to Facebook and Instagram. The winners must write an email to facebook@tous.com  agreeing to accept the prize within the indicated term of seven (7) days. To formalize the acceptance TOUS will forward the winner the acceptance of the prize and release form (included as appendix I in these legal rules) which the winner shall return duly signed (hereinafter THE ACCEPTANCE FORM). Refusal to sign the ACCEPTANCE FORM as well as no duly answer by the winner will mean that it loses its right to obtain the corresponding prize.

TOUS will then contact the winner in order to communicate they can collect the prize in a period of thirty calendar days in the nearest TOUS store. If they do not collect the prize in such period, the prize will be automatically declared void.

In the event that any of the lucky winners, within seven (7) calendar days counting from dispatch of the email with the news of being the CONTEST winners, (i) decline the prize or (ii) do not answer the email to accept it or do not attach the ACCEPTANCE FORM, TOUS will contact and award the applicable prize to an alternate winner from the reserve selected as replacement for the winners, in accordance with the selection criteria.

In the case that the reserve/s, within seven (7) calendar days counting from dispatch of the email communicating the news of being the CONTEST winners, (i) decline the prize or (ii) do not answer the email and accept it or do not attach the ACCEPTANCE FORM, the prize will automatically be declared void.

 

ELEVEN.- RESTRICTIONS ON PARTICIPATION

The CONTEST may not be entered by the employees, agents, mandataries and representatives of the Contest Organizers, of retailers of the Contest Organizers’ products, companies, corporations, trusts, and other legal entities controlled by or related to the above, their advertising and promotions agencies, suppliers of prizes, material and services related to this Contest, as well as their immediate family (brothers, sisters, children, father, mother), their legal or common-law spouse, or cohabitation partner, as well as any person with whom they are domiciled. Neither minors can participate.

 

TWELVE.- TAXATION

The prize may be subject to national, state or local taxes. The winners are solely responsible for reporting the prize to the applicable tax authorities, and paying all personal income taxes applicable to the prize, as required by the applicable tax laws. Upon Tous’s first request, you will promptly provide TOUS all tax forms, certificates or authorizations as may be necessary under the applicable tax laws.

 

THIRTEEN.- PERSONAL DATA PROCESSING

In compliance with the terms of applicable legislation on personal data protection, including but not limited to Organic Act 15/1999, of 13 December, on Personal Data Protection, and Act 34/2002, of 11 July, on Information Society and Electronic Commerce Services, and other provisions dictated for their implementation, the voluntary sending of personal data (including name, surnames and email) in order to take part in the CONTEST means the participants consent for TOUS, itself or through any company of the TOUS Group or authorised (can be consulted in www.tous.com), to process them by computer for the purpose of carrying out the steps and communications necessary for the correct progress of the CONTEST with which they are concerned. The participants guarantee that all the details given are true.                                                                                                                                                         

The winner will have the rights of opposition, alteration, correction or cancellation, wholly or partially, of their data, simply by a request to the email address dataprotection@tous.com or by ordinary mail sent to the following address: Carretera de Vic, El Guix, number 3, 08243, Manresa, Barcelona (Spain).

The company complies with the dues and security measures established in Spanish regulations on the protection of personal data, in accordance with the European Directive, necessary to guarantee the security of the information supplied and prevent its alteration, loss and processing and/or unauthorised access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed, whether due to human action or to the physical or natural medium, and undertakes to treat them absolutely confidentially and to use them only and exclusively for the purposes indicated.

 

FOURTEEN.- ACCEPTANCE OF RULES

The participants, through the mere fact of taking part in the CONTEST, accept the present rules and give his/her consent for their data treatment according Section 13.

Without limiting in any measure the guarantees and rights granted to consumers in the applicable regulations, TOUS reserves the right to take all reasonable steps to resolve difficulties or contingencies arising from the CONTEST, except for its suspension or cancellation, being applicable in such cases Section 8th.

 

FIFTEEN.- COPYRIGHT AND USE OF THE COMMENTS AND NAME OF THE WINNER

By participating in the CONTEST the participants grant to TOUS a free, non-exclusive worldwide licence for the maximum lifetime of the rights under applicable law, on all intellectual property rights of the comments that have been submitted regarding the CONTEST (copyright, fixation, distribution, transformation and public communication, including digital editing and at the public disposal of the comments), in any format, including but not limited, print media, radio, television and the Internet (including social networks and microblogging platforms). TOUS is entitled but not obliged to publish and/or disseminate the comments of the participants in the CONTEST. Entrant acknowledges that he/she shall not be entitled to any credit, consideration, notice or payments of any kind. Entrant waives any moral rights he or she may have in the submission, and agrees that if Sponsor elects to use submission for any purpose, all rights under Copyright or other Intellectual Property rights which may result from that relating to entrant’s submission or from use of the same by Sponsor shall be the sole property of Sponsor. Entrant further agrees that if Sponsor elects to use entrant's submission, entrant will execute any documents requested by Sponsor regarding this assignment.

The winner of the CONTEST grant TOUS, for the purpose of promoting and spreading the word of the CONTEST on all media and advertising products and platforms used by TOUS, to: (i) capture his/her  name; (ii) reproduce and/or fix the before mentioned, in whole or in part, on audio-visual, video graphic, photographic or paper form, among others; and (iii) use for promotional purposes the name of the winner, through any form and/or support that TOUS deems appropriate (including, but not limited, brochures, newspapers, magazines, books and the Internet), all without geographical, temporary or of other limitation whatsoever nature.

The participant, author of the comment, guarantees TOUS that it owns all intellectual property rights to the comment submitted. If any use by TOUS of the submission causes it to be liable to any third-party, entrant agrees to indemnify sponsor and its agents, employees, affiliates, subsidiaries, representative and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorney fees) which it incurs as a result of its use of the submission. In the event that TOUS discovered or suspected plagiarism has occurred, or that rights of third parties have been infringed or the comments were not designed for the participant who claims to be the author, TOUS reserves the right to remove the said submission.

The authorization conferred shall be free and will not generate any compensation from TOUS to the participants.

 

SIXTEEN.- RESPONSIBILITY

TOUS will not be responsible for any possible losses, deterioration, theft, delays or any other circumstance imputable to third parties or to Internet, which could affect the running of the CONTEST.

Furthermore, each participant and the selected winner agrees:(a) to be bound by these Rules and the decisions of TOUS, (b) to release and hold harmless TOUS, its affiliates, subsidiaries, and independent contractors, and their respective directors, officers, employees, agents and representatives including advertising and promotion agencies, from any and all liability for claims/damages including, but not limited to, claims/damages for personal injury or death, or for property damage with respect to acceptance, possession or use or misuse of the Prize or participation in the Contest.

 

SEVENTEEN.- CONSULTATION OF CONTEST RULES

 

At any time during the duration of the contest, the legal rules will be available in English and Arabic and can be consulted by any person at www.tous.com.

 

JOYERIA TOUS, S.A.

 

 

 

 

Appendix I: Acceptance form

 

 

Mr./Ms. ___________ with identification number, of legal age, with address__________, as a participant in Ramadan 2017 contest organized by Joyería Tous, S.A. (hereinafter, "Tous") and as a winner of one of their awards, ensures that the information provided in this form is accurate, truthful and precise and

 

DECLARES: That accepts the prize for being the winner of Ramadan 2017 contest, consisting of a set of 2 TOUS bracelets (1 Vermeil Rose Sterling Silver and Black IP Mesh Cuff and 1 Gold and Steel Mesh Cuff) and

AUTHORIZES: (i) capture and use by Joyería Tous, S.A., or third parties acting on its behalf, of the name of the participant and his/her statements; (ii) for its audio-visual, photographic or in paper reproduction and fixation, among other media, and (iii) for subsequent commercial, advertising, promotional or informational exploitation by any media and formats (including, but not limited, video advertising, promotional videos, commercials, making-of, any recordings or audiovisual works, sound recordings or any works, any graphic works, photographs, press releases, articles, posts, blog entries, etc.) for the purpose of announcing its status as winner of the Ramadan 2017 contest and publicize the TOUS products, by any means TOUS deems appropriate and, at least on television, radio, the Internet, social networks, blogs, applications for smartphones, in newspapers, in magazines, etc.

Additionally, in compliance with the provisions of Organic Act 15/1999 of 13 December, on Personal Data Protection and Royal Decree 1720/2007 of 21 December, approving the Regulations of development is approved LOPD, we inform you that the data included in this document and those collected from you as part of your participation in the contest, will be incorporated into a computerized file owned by Joyería Tous, S.A., located at Carretera de Vic, El Guix, nº 3, 08243, Manresa (Barcelona), Spain, for the development, maintenance, control and execution of the relationship with TOUS concerning your participation in the contest. Therefore by signing this Form you expressly consent that your above personal data will be cross-border transferred to and become part of a file hosted in Spain as provided above. We inform you that all the fields that are included in this authorization are a must filling, so that the omission of any of them prevents the processing of your data with those purposes. We inform you that you may exercise your rights of access, rectification, cancellation and opposition by sending a written notice, together with a copy of your National Identity Card or equivalent document indicating you want to exercise the right to the email dataprotection@tous.com or postal address indicated above. Moreover, you agree to notify TOUS any changes to your personal data so that the same are updated at all times and with no errors. Moreover you further certify that the information you have provided is accurate and true.

All the above mentioned is without geographical, temporal or any other kind of limitation, and this authorization shall be free and shall not generate any compensation from Tous to the participant.

And for the record purposes as appropriate, signs this authorization, and in the place and date indicated below.

 

Signed: Mr./Ms.

Date:

Country:

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