VALENTINE'S DAY 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) (hereafter referred to as the “CONTEST”), either directly or by its local representatives in each of the countries specified, for all persons of age legally resident in the territories of: Kingdom of Spain, United States of America, United Mexican States and Republic of Portugal (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 1st February 2016 at 0.00 h to the 15th February 2016 at 24.00h, (both included) local time of each country.
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, social networks and/or at the participating points of sale. 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, social networks and/or at the participating points of sale.
Notwithstanding part of this CONTEST may be developed through social networks (Facebook), this CONTEST is in no way sponsored, administered, endorsed by, or associated with Facebook.
The purpose of the CONTEST is to encourage sales and generate new registrations in TOUS’ database and, in this way, increase the users registered in the TOUS “Newsletter”. All this in compliance with the Data Protection applicable laws and regulations of data protection and section 11.
The prize of the CONTEST consists of a TOUS silver pendant with reference number 61.530.452.0 with an approximate retail value of 49.-€. See footer for the estimated equivalent amounts in the local currency of each PARTICIPATING COUNTRY. There shall be six (6) prizes for each of the PARTICIPATING COUNTRIES.
Exceptionally in the Kingdom of Spain there shall be other four (4) additional prizes to be distributed as follows: six (6) for the CONTEST participation and four (4) for the in-store promotion, as described in Section 4.
The exchange rate indicate at the footer corresponds to the drafting date of these rules.
Each Prize must be accepted as awarded. No cash alternatives, substitution or transfers of the Prize will be allowed.
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 COUNTRIES. 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 in the CONTEST and in accordance with the present legal rules, the participants must:
a) Browse the TOUS web (www.tous.com) during the PERIOD and pay attention to the clues, with a riddle, which shall be published in order to find the image of a key, similar to the following: and which will give access to an alphanumeric code.
b) Enter to TOUS Facebook page of the participants country of residence among the PARTICIPATING COUNTRIES, to the following links:
- Kingdom of Spain, https://es-es.facebook.com/tousjewelry)
- United Mexican States (https://es-la.facebook.com/tousmexico)
- Republic of Portugal (https://pt-pt.facebook.com/tousportugal)
- United States of America (https://www.facebook.com/TousUS/)
(hereinafter, the TOUS FACEBOOK PAGES).
c) Fill in their personal data in the register form (including, name and surname, e-mail, address, postal code and phone number) and type the obtained alphanumerical code. The personal data shall be gathered according the applicable data protection laws and regulations and Section 11 as well.
d) Read and check the required consent and acceptance box to agree to be bound by the legal rules of the CONTEST.
- e) Once validated the register form, the PARTICIPANT shall be informed if he/she has been the first to introduce the alphanumerical code and, therefore, one of the winners.
Additionally in the Kingdom of Spain, there shall be during the PERIOD an in-store promotion as well, to be carried out in the TOUS points of sale of such PARTICIPATING COUNTRY ((except Outlets, Airports and point of sale “official distributor”), to be consulted in www.tous.com.
The customers who purchase a TOUS product will be given a flyer with an alphanumerical code. As indicated in the flyer, four (4) of such codes will have the prize indicated in Section 3. The participants shall follow the instructions below:
a) Enter to TOUS Facebook page to the following link https://es-es.facebook.com/tousjewelry
b) Indicate he/she is willing to participate to the in-store promotion
c) Fill in their personal data in the register form (including, name and surname, e-mail, address, postal code and phone number) and type the obtained alphanumerical code. The personal data shall be gathered according the applicable data protection laws and regulations and Section 11 as well..
d) Read and check the required consent and acceptance box to agree to be bound by the legal rules of the CONTEST.
e) Once validated the register form, the PARTICIPANT shall be informed if his/her code has a prize.
Participants must provide all required information on the entry form to be eligible to enter and win.
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.
Entry forms entries are subject to verification by the Contest Organizers. Any Entry form found to be, as applies, incomplete, illegible, mutilated, fraudulent, submitted, received or transmitted late, bearing an invalid email address or otherwise non-compliant may be rejected and will not entitle the participant, as applies, to any entry or prize.
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.
FIVE.- NOTIFICATION TO THE WINNERS
TOUS will notify the winners at the moment they have completed and sent the register form, including the obtained alphanumerical code, according Section 4, after having guessed the clues given, depending on the participants skills and their knowledge about the TOUS world. In case of the Kingdom of Spain, additionally for getting an alphanumerical code in the flyers given at the in-store promotion as well, as indicated in Section 4.
Following such communication, TOUS will email the winners at the address given on the registration for the CONTEST, so the participants will need to pay attention to their mailbox. The winners must answer this email agreeing to accept the prize within the indicated term of seven (7) days, attaching the acceptance of the prize and release form (included as appendix I in these legal rules) which TOUS will send to the email indicated, (hereinafter THE ACCEPTANCE FORM). Refusal to sign the ACCEPTANCE FORM by the winner will mean that it loses its right to obtain the corresponding prize.
In the following 30 calendar days TOUS will contact the winner in order to communicate they can collect the prize at his/her nearest TOUS store, according the domicile indicated in the entry form. The maximum date to collect the prize shall be the 30th April 2016. If the winners have not collected their prizes in such period, the prize will be automatically declared void and the winners will not be entitled to claim any compensation.
The name of the winner will 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 and Release Form in Appendix I (if applicable), according the applicable data protection laws and regulations.
FOR U.S. participants: POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
SIX.- 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.
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 registration 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 the registration of any participant who is found or suspected to have participated in an irregular action in the sense described above. Therefore, TOUS reserves the right to remove any participant registration found or suspected to have participated in an irregular action in the sense described.
For US: WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF U.S. CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
EIGHT.- 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 from among all eligible claimants making purportedly valid claims to award the advertised prize.
NINE.- 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.
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 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.
ELEVEN.- 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 11 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 Participant also expressly consents that TOUS can send information on the products, promotions and events of TOUS, for example by means of the “Newsletter” which goes out weekly for the period not limited in time until the Participants withdraws the consent according to the procedure described below or they opt-out by choosing the opt-out provided in the entry forms.
Specifically for the United States: At the time of entry, entrants will be given the option of signing up to receive emails, phone calls, and text messages from the SPONSOR that contain information relating to other events and promotions that SPONSOR thinks may be of interest. Entrants are not required to consent to receive such marketing messages to enter or win the CONTEST, and entrants may withdraw their consent at any time by emailing email@example.com (indicating “COMMERCIAL WITHDRAW” in the subject) or by following any opt-out instructions in any marketing communications.
With each Newsletter or commercial communication sent TOUS will give information on the appropriate procedure through which the interested parties can at any time request to be taken off the distribution list for the newsletter.
The personal data delivered by the participants will be incorporated into the computerised file entitled “Newsletter”, kept in Spanish territory, owned by JOYERIA TOUS, S.A., duly notified to the Spanish Data Protection Agency as complying with the necessary measures of protection to guarantee the security of the personal data.
All the participants will have the right to access this file with the aim of opposition, alteration, correction or cancellation, wholly or partially, of its content, simply by a request to the email address firstname.lastname@example.org 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.
TWELVE.- 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 11.
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 6.
THIRTEENTH.- USE OF THE NAME AND IMAGE OF THE WINNER
Except where prohibited by law, 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 image, voice and/or 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 image of the winner (inclusive image, voice and/or name), 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 authorization conferred shall be free and will not generate any compensation from TOUS to the participants.
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..
FIFTEEN.- DEPOSIT AND CONSULTATION OF CONTEST RULES
The Contest Rules are deposited before the Public Notary of the Ilustre Colegio de Catalunya Mr. Pedro Carlos Moro García and published in the Archivo Electrónico de bases de Concursos (ABACO), general interest Service offered by the Consejo General del Notariado and published in www.notariado.org/ABACO.
At any time during the duration of the contest, the legal rules will be available and can be consulted by any person at www.tous.com or at any participating TOUS store.
These legal rules are draft in Spanish and be translated to several languages. If any discrepancies the Spanish version shall prevail.
JOYERIA TOUS, S.A.
 United Mexican States: 982,94MXN; United States of America: 53,27USD
Appendix I: Acceptance forms
I.3. Acceptance form for the United States of America
Saint Valentine 2016 Contest
Prize Acceptance Form
Date: ________________, 2016
I,_______________________________________________________, a potential winner of the Saint Valentine 2016 Contest (the “Contest”), hereby solemnly swear:
I reside at ________________________________________________________________ .
Street City/Town State Zip Code Country
My home phone number where I can be reached is __________________________________________________.
The name of my employer, and the address where I work, is ________________________________________________________________. ________________________________________________________________.
Street City/Town State Zip Code
My occupation is ______________________________________________________.
My daytime or business phone number is __________________________________________________________.
My Social Security Number is _____________________.
□ My address has changed since entering the Contest.
I submit this Prize Acceptance Form to Joyería Tous S.A. (“Company”) with the understanding that it will be relied upon in order to determine whether I am entitled to receive the prize which may be awarded to me in the Contest. If I am eligible according to the Contest Official Rules (the “Official Rules”), and if I return this signed Prize Acceptance Form within seven (7) days of my receipt of the notification that I have been selected as a potential winner, then I may be awarded the prize as described in the Official Rules, a copy of which is attached.
In order for my eligibility to be confirmed, I represent the following:
(a) I am not an employee of Company or any company involved in organizing or administering the Contest;
(b) I was age 18 or older at the time I entered the Contest.
(c) I am a legal resident of the United States of America.
I have read the Official Rules, and I agree to be bound by them.
2. Prize Conditions.
There are certain prize conditions and restrictions stated in the Official Rules, which I must agree to as a condition of accepting a prize in the Contest. Some (but not all) of these important conditions are as follows:
(a) All federal, state, and local taxes on the value of the prize that I accept are the sole responsibility of me as the prize winner. Therefore, my Social Security Number is being provided for tax purposes.
(b) No substitution of prize is offered, no transfer or assignment of prize to a third party is permitted, and non-cash prizes may not be redeemed for cash value.
(c) Failure to return this form by the deadline and/or failure to abide by the Official Rules will result in disqualification. As a result, Company will not have any further obligation to me with respect to the forfeited prize.
I understand that if I make any false statements herein, I will automatically be disqualified.
I also understand that additional prize details and important terms and conditions may be communicated to me after final verification of my prize-winning status.
3. Release of Liability.
On behalf of myself, my heirs, executor, administrator and assigns, I hereby release and forever discharge Company and its parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfilment and marketing, and their respective officers, directors, employees, representatives, and agents from and against any and all liability, claims, or actions of any kind whatsoever for injuries, damages, or losses to persons and property that may be sustained directly or indirectly as a result of my receipt, use, or ownership of any prize awarded to me in connection with the Contest, or while traveling to, preparing for, and/or participating in any prize-related activity.
I acknowledge that this Prize Acceptance Form extends and applies to and also covers and includes all unknown, unforeseen, unanticipated, and unsuspected injuries, damages, loss, liability, and the consequences thereof, as well as those now known to exist. The provisions of any Federal, state, local, or territorial law or statute providing in substance that releases shall not extend to claims, demands, injuries, or damages that are unknown or unsuspected to exist at the time, to the person(s) executing such releases, are expressly waived.
4. Publicity Release.
I grant Company and its parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfilment and marketing, and their respective officers, directors, employees, representatives, and agents, the absolute right and permission to copyright and use, publish, reproduce, distribute, or otherwise use my name, city and state of residence, biographical information, any still or moving photographs or sound recordings of me, or any portion thereof (“Likeness”) for advertising and promotional purposes, in such manner and with such frequency as they shall determine in their discretion, in all media and territories, without further compensation or consideration (where permitted) and without further notice to or authorization. I waive all rights of inspection or approval with regard to any recording, taping, reproduction, proposed printed, audio, or video publication, and/or other use of my Likeness for advertising and promotional purposes.
I also hereby release, discharge, and agree to hold harmless Company and its parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfilment and marketing, and their respective officers, directors, employees, representatives, and agents, from and against any and all liability resulting from their use of my Likeness.
5. Use and Assignment of Intellectual Property Rights for the Entry; Indemnification.
I grant the Company the right to edit, exploit, modify, publish, reproduce, use, disclose, disseminate, and distribute my Entry, any testimonial I produce as part of any prize, and any other materials I submit or create in connection with this Contest (“Materials”) to others without limitation in any and all media now known or not currently known, throughout the world in perpetuity for any purpose without compensation, permission or notification to me or anyone else. I hereby grant the Company a free, irrevocable, worldwide, non-exclusive license, for the maximum lifetime of the rights under applicable law, to edit, exploit, publish, reproduce, use, disclose, disseminate, and distribute the Materials in any form or format and to modify the same, and I acknowledge and agree that if the Company does use the Materials, I shall not be entitled to any credit, consideration, notice, or payments of any kind. I hereby waive any moral right I may have to the Materials, and I agree that if the Company elects to use the Materials for any purpose, all rights under copyright or other intellectual property rights that may result from the Materials or from use of the same by the Company shall be the sole property of the Company.
I agree that if any use by the Company of my Entry causes it to be liable to any third-party, I shall indemnify the Company and its agents, employees, affiliates, subsidiaries, representatives, and all related parties from and against any and all damages, costs, judgments, and expenses (including reasonable attorneys’ fees) that it incurs as a result of its use of the Materials.
I acknowledge that, with respect to any claim by me relating to or arising out of the Company’s actual or alleged exploitation or use of any Materials, the damage, if any, thereby caused to me will not be irreparable or otherwise sufficient to entitle me to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Materials, and my rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
6. Return of Prize Acceptance Form.
Finally, I understand that any prize to which I may be entitled may be forfeited if any statement made herein is false or if this Prize Acceptance Form is not returned within seven (7) days of notification to the attention of:
Please send the Prize Acceptance Form to the above name and address via U.S. mail, overnight mail service, or courier.
Signature of Potential Prize Winner