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"Your Grand Tous Fan Day 2017" CONTEST RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Subject to all applicable laws, regulations, and ordinances. VOID WHERE PROHIBITED BY LAW. The TOUS “Your Grand Tous Fan Day 2017” CONTEST (hereinafter referred to as the “CONTEST”) starts June 16, 2017 at 0.00 h/12:00 AM and ends June 17, 2017 at 24.00h/12:00 AM (as applicable) in the local time of the participating country (hereinafter the “CONTEST PERIOD”). SPONSOR’S computer is the official time-keeping device for this CONTEST. This CONTEST is in no way sponsored, administered, endorsed by, or associated with Facebook, Inc., Instagram, Inc., or Twitter, Inc.

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 necessary), either directly or through TOUS’s local representatives in each of the countries specified, for all persons of age legally resident in the territories of: Principality of Andorra, Kingdom of Saudi Arabia, Aruba, Republic of Chile, People's Republic of China, Republic of Colombia, Republic of Costa Rica, Republic of Ecuador, United Arab Emirates, Slovak Republic, Kingdom of Spain, United States of America, French Republic, Hellenic Republic, Republic of Guatemala, Government of the Hong Kong Special Administrative Region of the People's Republic of China, Cayman Islands, State of Israel, United Mexican States, Malaysia, New Zealand, Republic of Panama, Republic of Paraguay, Republic of Poland, Portuguese Republic, Commonwealth of Puerto Rico, Czech Republic, Russian Federation, St. Maarten, Oriental Republic of Uruguay, Republic of El Salvador, Republic of the Philippines, Japan, Republic of Peru, and the Bolivarian Republic of Venezuela (hereinafter, “PARTICIPATING COUNTRIES”). To enter, participants must be the age of majority in their jurisdiction of residence and over the age of eighteen (18) as of June 16, 2017. Employees, officers, and directors of SPONSOR, any company involved in organization or administering the CONTEST, and their respective parents, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfilment, and marketing agencies (collectively, the “PROMOTION ENTITIES”), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. SPONSOR reserves the right to verify the eligibility of winners. 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.

During the CONTEST PERIOD, the participants must complete an online Entry form, as indicated below, which can be accessed by scanning a Quick Response Code (“QR Code”) or by visiting the Website published in the brochures found at TOUS points of sale located in the PARTICIPATING COUNTRIES (except Outlets, Airports and point of sale “official distributor”), hereinafter the “Participating points of sale,” which may be found at www.tous.com, or in the Kingdom of Spain, Republic of Portugal, United States of America and United Mexican States additionally can also participate on the TOUS Facebook page indicated in rule number four, providing their personal data in order to participate in the CONTEST.

- The CONTEST PERIOD, provided the other conditions set out below are met, will be between the 16th June 16, 2017 at 0.00 h/12:00 AM to the 17th June 17, 2017 at 24.00h/12:00 AM, (as applicable) in the local time of each country.

On the date specified in clause five of these rules, the winners among all participants who meet the provisions in these rules and regulations that may be applicable and that participated in the CONTEST will be chosen.

TOUS may modify the date of the CONTEST because of force majeure or unforeseeable circumstances. 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 just because exists, and duly inform the participants of these modifications through the website www.tous.com, social networks and/or at the participating points of sale.

TWO. - PURPOSE
The purpose of the CONTEST is to encourage sales and generate new registrations in TOUS’ database and, in this way, increase the number of users registered in the TOUS “Newsletter,” all in compliance with the applicable laws and regulations of data protection and section 13.

THREE. - PRIZE

The prizes available to be won in the CONTEST (each referred to as a PRIZE) consist of:

- Five (5) Trips to TOUS' headquarters in Manresa (Barcelona), each of which including two (2) nights’ accommodation in a double room in a 4-star Barcelona hotel, breakfast included and round trip air fare for two (2) people in economy class departing from the nearest airport to the place of residence of the winner and with a maximum value for each trip of US$ 2,742, excluding tax, or its equivalent in the local currency of each PARTICIPATING COUNTRY, as specified in the footer. There will be a total of five (5) trip prizes awarded to the winners, who may be located in any one of the PARTICIPATING COUNTRIES.
- Fifty prizes of “necklace duo” of a white gold and diamond necklace and a white gold choker. The approximate retail value (“ARV”) of each such PRIZE is US$ 2,475, excluding tax, or its equivalent in the local currency of each PARTICIPATING COUNTRY, as specified in the footer. There will be a total of fifty (50) individual necklace duo prizes awarded to the winners, who may be located in any one of the PARTICIPATING COUNTRIES.
One hundred (100 prizes) of a sterling silver and rose vermeil bracelet. The approximate retail value (“ARV”) of the bracelet PRIZE in US$ 229, excluding tax, or its equivalent in the local currency of each PARTICIPATING COUNTRY, specified in the footer. There will be a total of one hundred (100) bracelet prizes awarded to the winners who may be located in any one of the PARTICIPATING COUNTRIES.

There shall be a total number of one hundred fifty five (155) prizes to be awarded among all of the PARTICIPATING COUNTRIES. The total approximate retail value (“ARV”) of all PRIZES to be awarded is $160,360.00, excluding tax. TOUS reserves the right to modify or substitute any of the above prizes with an equivalent prize of similar value and features.

Each Prize must be accepted as awarded. No cash alternatives, substitution or transfers of the prize will be allowed. The amounts indicated are maximum amounts. If the commercial value of the prizes differs from this maximum amount, there will be no additional compensation for the difference to the winners.

TOUS reserves the right to modify any prize for reasons of availability or force majeure, it may be replaced by another of similar value and features.

Both tickets and reservations will be issued in the name of the winners and their accompanying guest (if any), and shall not be transferable. The winners and their accompanying guest will be responsible for paying any additional cost associated with the prizes not specified in these legal rules (including transfers from place of residence to airport and vice versa; hotel to airport and vice versa; place of residence to restaurant and/or beauty center and vice versa; diets, contingency money, insurance, postponements and/or any additional expenses, including but not limited to tips, service charges for tours, shopping, phone calls, and any other amount or expense that the winner or his/her accompanying person made on the occasion of the use of the prize. The winner and his/her guest are subject to itineraries, quotas, rules and regulations of the airline, restaurant or beauty center selected by TOUS. Guest must travel on the same itinerary and at the same time as the winner. Winner’s guest must be at time of prize fulfillment the age of majority in the jurisdiction in which s/he resides (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian, and must complete and return a liability/publicity release prior to prize award. If travel companion is a minor in his/her jurisdiction of residence, minor’s parent/legal guardian must complete and return all releases on behalf of minor. Winner and guest must travel together on the same itinerary. If Winner elects to travel or participate in the prize travel with fewer than 1 guest, no additional compensation will be awarded. If Winner elects to travel or participate in prize travel with more than 1 guest, such additional guest(s) shall be responsible for any and all costs associated with such travel.

Prizes do not include any insurance. TOUS recommends the winners and their guest(s) purchase travel insurance for any travel prize. Winners and guest hereby acknowledge that SPONSOR will not obtain or provide travel insurance or any other form of insurance. TOUS is not responsible for any canceled flights or hotel stays. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of SPONSOR. Winners and their accompanying guest must comply with all hotel check-in requirements, including, but not limited to, the presentation of a credit/payment card. Air transportation and hotel accommodations for winner and guest must be taken together and cannot be taken separately. The winners and their accompanying guest are solely responsible for obtaining all necessary documents required for trip, including passports and valid visas

By accepting prize, winners accept and fully assume all full responsibility for their safety and welfare at all times.

FOUR.- ENTRY MECHANISM
NO PURCHASE NECESSARY. The CONTEST is open to individuals who are older than eighteen (18) years of age and the age of the majority in their jurisdiction of residence and legal residents in their country of residence as of June 16, 2017. Minors are not eligible to participate or win. The identity, country of residence and age of the participants shall be checked by TOUS through any official documents (ID, passports, driving license, etc.).

All participants in the CONTEST will be asked to review the entry form and (1) answer the question “What does the TOUS Bear mean to you?” in an original way and in a manner that best reflects the image associated with the TOUS trademark, then (2) read and check the required consent and acceptance box to agree to be bound by the legal rules of the CONTEST. Participants must provide all required information on the entry form to be eligible to enter and win. In order to participate and in accordance with the present legal rules, the participants may either:

a) Visit a participating point of sale during business hours and indicate a desire to participate (for a list of participating points of sale please go to www.tous.com) then access the online entry form for the CONTEST by scanning the QR Code in the brochure available to customers at participating points of sale,
OR
b) Enter online via TOUS Facebook links: (https://www.facebook.com/TousUS/) or on the TOUS website at www.tous.com and follow the instructions to complete and submit an entry form. Entrants can also find a link to the entry form on the “Contest” tab of the Tous FanPage on Facebook (https://www.facebook.com/TousUS). If you do not have a Facebook account, you can sign up one for free at www.facebook.com. All entrants will be asked to fill out all required information and respond to the questions asked, then submit the entry form online. Prospective participants must complete and submit the entry form and their entry must comply with the submission requirements set out below in order to be eligible.

Participants must provide all required information on the online entry form to be eligible to enter and win. Participants having filled the online entry form shall receive an email of confirmation of their participation. 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.

Entries are subject to verification by the SPONSOR or Contest Organizers. Any Entry/form found to be, 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 to any entry or prize and may be disqualified from the CONTEST at SPONSOR’s sole and absolute discretion.

TOUS is not responsible for loss, delay, 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.

The participants can make as many entries in the CONTEST as they wish, provided they fulfil the requirements in these OFFICIAL RULES for each entry into the CONTEST and provided that each response to the question “What does the TOUS Bear mean to you?” is unique and original, which will be determined by SPONSOR in its sole and absolute discretion.

Bulk, automated and/or third party entries are prohibited and will be disqualified. Multiple participants are not permitted to share the same email address account. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that participant’s entries, and that participant may be disqualified at SPONSOR’s sole and absolute discretion. In the event of a dispute as to any entry, the authorized account holder of the email address will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the SPONSOR or forfeit the prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with these OFFICIAL RULES may be disqualified from the CONTEST at SPONSOR’s sole and absolute discretion. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.

FIVE. - WINNER SELECTION
The choice of the winners for the PARTICIPATING COUNTRY will take place on August 7, 2017, at 12:00h/12:00 PM CET in the TOUS headquarters at Carretera de Vic, El Guix, 3, Manresa, Barcelona, Spain. There TOUS, by means of an internal jury composed of three (3) employees of TOUS will choose among all the valid entries ONE HUNDRED FIFTY FIVE (155) winning answers, as established in Section 6, based on the following criteria (“Scoring Criteria”): originality (10 points) and trademark TOUS identification criteria (10 points). Each criterion shall have a maximum 10 points, so that the maximum possible score shall be 20. The five (5) responses that earn the highest score will receive one (1) of the five (5) trips to TOUS' headquarters (Manresa). The next fifty (50) top scoring responses will receive one (1) of fifty (50) white gold and diamond necklaces and white gold chokers. The next one hundred (100) responses top scorers will receive one of one hundred (100) sterling silver and rose vermeil bracelets. The jury’s decision will be final. In the event of a tie between any two entries, the jury will choose the higher scoring entry based on the entry that scored higher in the category of originality.

Having selected the winning answers, the TOUS internal jury will rank another ONE HUNDRED answers based on the Scoring Criteria, from 1 to 100 (1 being the highest-scoring alternate) from among the rest for each one of the PARTICIPATING COUNTRY, to be considered as a reserve (“Alternate Winner”), should any winner be disqualified due to:

- Incomplete or incorrect identification of the potential winner;
- Failure to comply with any of the CONTEST rules by potential winner;
- Non-acceptance by the potential winner;
- Impossibility to receive the prize;
- No reply accepting the prize having been received within the maximum of seven (7) days described in this Rule;
- Rejection of prize by winner; and/or
- Any other circumstances whereby the potential winner that was initially chosen is unwilling or unable to accept the prize or is subsequently disqualified from receiving the prize.

When the winning answers have been selected, and in no event within a period of 30 calendar days from selection, TOUS will send an email to the potential winners, at the email address given on the entry form advising them that they are the winners of the CONTEST and asking them to respond within seven (7) days that they accept the prize in the terms established in Section 10. If a potential Winner cannot be contacted in person via email after the first attempt to contact him/her, or if he/she fails to sign any required document within the required time period (if applicable), or in the event that a potential Grand Prize winner is disqualified for any reason, SPONSOR will award the applicable prize to an alternate winner selected in accordance with the selection criteria described above.

The name of the winner will be published on the social media channels of TOUS during the following month after the selection, 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.

SIX.- CONTEST ANSWER CRITERIA
Each participant’s answer on the entry form must be an original work authored by the participant (“ANSWER”). Participants MUST NOT copy or otherwise plagiarize from any source. ANSWERS must fit in the space allotted on the ENTRY FORM and must be written in English.

The ANSWER may not be, as determined at the discretion of TOUS, contrary to the law, morality or public order, nor may it be offensive, hateful, slanderous, libellous, tortious, discriminatory or annoying, it being understood that answers 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 answers from the CONTEST. In addition, ANSWERS 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 ANSWER. Participant must be prepared to provide a signed third party authorization upon request. ANSWERS 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. ANSWERS must not contain material that violates or infringes another’s rights, including but not limited to material that violates privacy or publicity.

Entries that are not received by SPONSOR for any reason will not be eligible and will be disqualified.

SEVEN.- SUSPENSION, MODIFICATION OR CANCELLATION OF THE CONTEST
TOUS reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond TOUS’ reasonable control impairs the integrity or proper functioning of the CONTEST, as determined by TOUS in its sole discretion. If, for any reason, the CONTEST cannot be run as planned, TOUS may, in its sole discretion, void any suspect entries and (a) modify the CONTEST or suspend the CONTEST to address the impairment and then resume the CONTEST in a manner that best conforms to the spirit of these OFFICIAL RULES; or (b) terminate the CONTEST and award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. TOUS’ 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’ 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 required for security or similar reasons or otherwise.

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 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, and/or to remove any participant registration found or suspected to have participated in an irregular action in the sense described.

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.

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’ 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.

TEN.- NOTIFICATION TO THE WINNER
TOUS will notify the selected PRIZE winners, by email, at the address given on the registration for the CONTEST, so the participants will need to pay attention to their email inbox. 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 potential winner will mean that the potential winner loses his/her right to obtain the corresponding prize.

TOUS will then contact the potential winner in order to communicate they can collect the PRIZE in a period of thirty (30) calendar days in the nearest TOUS store. If they do not collect the PRIZE in such period, the PRIZE will be automatically declared void and the winners will not be entitled to claim any compensation.

In the event that any of the potential 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 Alternate Winners, 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.

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.

ELEVEN.- RESTRICTIONS ON PARTICIPATION
The CONTEST may not be entered by the employees, agents, mandataries and representatives of the SPONSOR or 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. Minors may not 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 taxes applicable to the PRIZE, as required by the applicable tax laws, and winners may wish to seek independent legal advice with respect to their tax responsibilities Upon TOUS’ first request, winners 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 authorized (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.

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 dataprotection@tous.com (indicating “COMMERCIAL WITHDRAW” in the subject line) 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 dataprotection@tous.com or by ordinary mail sent to the following address: Carretera de Vic, El Guix, number 3, 08243, Manresa, Barcelona (Spain).

The data gathered in other TOUS department stores corners ( Macy’s, etc.) shall be entered into an automated file owned by JOYERIA TOUS, S.A. for the sole purpose of managing the CONTEST. Once finished the CONTEST the data shall be deleted from the file.

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 their 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 8.

FIFTEEN.- COPYRIGHT AND USE OF THE ANSWER, NAME AND IMAGE OF THE WINNER
Except where prohibited by Law, by participating in the CONTEST the participants grant TOUS a free, non-exclusive worldwide licence for the maximum lifetime of the rights under applicable law, on all intellectual property rights of the answers that have been submitted regarding the CONTEST (copyright, fixation, distribution, transformation and public communication, including digital editing and at the public disposal of the answers), in any format, including but not limited, print media, radio, television and the Internet (including social media networks and microblogging platforms). TOUS is entitled, but not obliged, to publish and/or disseminate the answers 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 any 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.

Except where prohibited by law, the winner of the CONTEST grants 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 any other limitations whatsoever.

The participant, author of the ANSWER, guarantees TOUS that it owns all intellectual property rights to the ANSWER submitted, as well as its image rights. 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 ANSWERS were not designed by the participant who claims to be the author, TOUS reserves the right to remove the said ANSWER.

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

SIXTEEN.- RESPONSIBILITY/RELEASE AND DISCLAIMER
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 OFFICIAL RULES and TOUS’ decisions, (b) to release and hold harmless TOUS, Facebook and their 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/LIST OF WINNERS

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. For a list of winners, where required by law, email TOUS at tousattcliente@tous.es.



JOYERIA TOUS, S.A.

Appendix I
Acceptance form (United States)

Your Grand Tous Fan Day 2017 Contest
Prize Acceptance Form


Date: ________________, 2017

I, _______________________________________________________, a potential winner of the “Your Grand Tous Fan Day 2017” 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 or other tax identification number is _____________________.

□ My address has changed since entering the Contest.


1. Eligibility.

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 or other tax identification 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 Prize Acceptance 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 sole discretion, in all media, now know or hereafter developed, 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 hereafter developed, 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:

Name:
Address:
Please send the Prize Acceptance Form to the above name and address via U.S. mail, overnight mail service, or courier.

7. Signature.



Signature of Potential Prize Winner

Date:_________________________

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