Legal terms of the giveaway
LEGAL TERMS FOR PARTICIPATION IN THE "KUURTH" GIVEAWAY:
1.- PROMOTION ORGANIZING COMPANY
08008 - Barcelona, Carrer Rossello 271, 2ª 2ºB
This legal terms document (hereafter, the "Legal Terms") outlines the terms and conditions of the KUURTH giveaway (hereafter, the "Giveaway").
For more information, you can contact us via email (email@example.com) or by mail at the above address of BLOZGAP, S.L. (hereafter, the "Organizer").
2.- GIVEAWAY DESCRIPTION
The Giveaway is considered a random combination (drawing) according to Law 13/2011, of May 27, on gambling regulation and other applicable Spanish regulations, as the means to determine the winner among the participants depend solely and exclusively on chance.
To participate in the Giveaway, participants must have an Instagram account and reside in locations where the Organizer makes deliveries (this information can be checked at the following link: www.kuurth.com/pages/shipping-policy).
3.- PARTICIPATION REQUIREMENTS AND GIVEAWAY MECHANICS
3.1.- Participation Requirements
- Only those participants who have an Instagram account can participate.
- Participants must follow the Instagram profile: @kuurth.co (hereafter, the "brand").
- Participants must like the post made by the brand.
- Participants must share the specified post on their profiles, through their stories, tagging the brand (@kuurth.co).
- Participants can only participate with a single Instagram profile. If the Organizer detects that a Participant participates with several Instagram profiles, they will be disqualified.
- Participants can subscribe to the Organizer's newsletter through the following link: www.kuurth.com/pages/giveaway, to opt for an additional prize.
3.2.- Giveaway Mechanics and Winner Selection
The winner will be determined using [You to Gift and Calculator Soup] to randomly and independently determine the winning Participant or, if applicable, the winning Participants.
Once the winner is determined, the Organizer will notify the winning Participant via a direct message to their Instagram account or, if available, via email. If notification is not possible due to a lack of location, the status of winning Participant will be notified to the Participant determined as a reserve. In case there are no reserves, the mechanics for determining the winning Participant will be repeated.
The winning Participant will be announced on the same day the Giveaway ends or the following day.
The Giveaway will end forty-eight (48) hours after the post on the @kuurth.co account.
The promotion consists of two prizes:
A unique and non-transferable code that will allow getting a KUURTH product for free, at www.kuurth.com, each time the brand releases a new collection (as long as it exists or until the annual accounts balance of BLOZGAP S.L. is negative). There will be only one winner for this prize.
The cost of shipping the products is not included. The winner must claim their new code each time a collection is to be launched at firstname.lastname@example.org. The winner can choose any new product from the collection unless indicated otherwise in specific cases. If the winner's email is not received within 7 days from the launch of the new collection, their prize will not be sent and cannot be redeemed later. The prize cannot be exchanged for cash or any other prize, nor can it be subject to change or alteration.
The second prize consists of a total of 100,000€ in gift cards, divided into 5 prizes of 100€ each, 30 of 50€, 50 of 30€, 3,000 of 10€, and 13,300 of 5€, allowing up to 16,385 winners to benefit from a discount of up to 100€ for their next purchases at www.kuurth.com, valid until 31/12/2023, with the exception of not being usable during the Black Friday and Cyber Monday sales periods.
To opt for this second prize, participants must subscribe to the Organizer's newsletter through the following link: www.kuurth.com/pages/giveaway, as well as meet the other participation requirements mentioned in point 3 above.
If the total number of participants for this second prize does not reach 16,385, the higher-value prizes will be drawn first in order. If there are still prizes left after all participants have received one, the remaining prizes will be canceled.
- The shipping costs of the Prizes will be borne by the winning Participant.
- If it is proven that any of the participants do not meet the requirements set out in the Legal Terms, or the data provided to participate are not valid, their participation will be considered null, and they will be automatically excluded from the Giveaway, losing all rights to obtain any prize, regardless of whether the prize has been delivered or not.
- The following people may not participate in the Giveaway: (i) employees employed in any of the companies and other entities with legal personality linked to the Organizer; (ii) individuals who participate directly or indirectly in the capital of the Organizer; (iii) any other individual who has participated directly or indirectly in the organization of this Giveaway or has been involved directly or indirectly in its preparation or development.
- The prize delivered will not be transferable nor susceptible to changes, alterations, or compensations at the request of the Participants and cannot be exchanged for any other product or money.
- The prize delivered cannot be used and/or applied to products where the Organizer has already made a discount, nor during sales campaigns.
- The Organizer reserves the right, if there is just cause, to make any change, suspend or extend this Giveaway.
- Any tax or tributary charge that the acceptance of the prize could suppose to the winning Participant, as well as any other expense derived from the Giveaway that is not expressly assumed by the Organizer in these Legal Terms, will be at the expense of the winning Participant.
- A period of TEN (10) natural days is established from the date of the awarding of the prize, to make any motivated claim.
- The Organizer reserves, in case of compulsory necessity, the right to substitute the prize for another of similar characteristics in case it had been specifically published before the awarding of the prize.
6.- PUBLICATION OF COMMENTS OR OPINIONS
Comments or opinions whose content is considered inappropriate, offensive, injurious or discriminatory, or that could violate the rights of third parties, will not be allowed. Comments against an individual that violate the principles of the right to honor, personal and family privacy, and one’s own image will not be allowed either. We are not responsible for the damages caused by the comments made by the Participants in the Giveaway that could hurt the sensitivity of other Participants at any time.
7.- EXEMPTION FROM LIABILITY
By way of illustration but not limitation, we are not responsible for possible losses, thefts, delays, or any other circumstance attributable to third parties that may affect the development of the Giveaway. We are also not responsible for the use that the Participant makes of the prize obtained in this Giveaway and assumes no responsibility for any damage or prejudice of any kind that could be suffered by the Participants, winners, or third parties.
The Organizer does not assume responsibility in cases of force majeure or fortuitous event that could prevent the realization of the Giveaway or the total or partial enjoyment of the prize. In the event that this Giveaway could not be carried out, whether due to detected frauds, technical errors, or any other reason that is not under the control of the Organizer and affects the normal development of the Giveaway, the Organizer reserves the right to cancel, modify or suspend it without any formal requirement to be appreciated.
8.- PERSONAL DATA PROTECTION
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of this data, and by which Directive 95/46 / EC is repealed, in Organic Law 3/2018, of December 5, on Data Protection and the guarantee of digital rights, as well as other applicable regulations, it is informed that the data provided by the Participant as well as those that can be provided in the event of being the winning Participant or exercising their rights will be incorporated into the treatment system of BLOZGAP, S.L. (Data Controller) whose identification data has been indicated in clause 1 "Organizer of the giveaway".
The purpose with which we will process your personal data will be the control, monitoring and management of the Giveaway respecting all appropriate security measures, which will imply the possibility of contacting you to notify you of your status as the winning Participant, as well as the necessary activities for advertising or dissemination purposes through our website and/or the social networks of the Data Controller.
Providing your personal data is voluntary. However, if you do not provide them, you will not be able to participate in the Giveaway. The omission or refusal to provide the provided data will make it impossible to fulfill the aforementioned purpose.
The personal data provided will be kept as long as the Giveaway lasts and if applicable the subscription to the newsletter, and up to the legal prescription periods to safeguard any type of liability, being able to operate blocking obligations in accordance with applicable regulations.
There will be no transfers of your personal data, except for a legal obligation.
Participants can exercise their rights of Access, Rectification, Deletion, Opposition, Limitation of processing, Portability, Forgetting and not being the subject of automated individual decisions by sending an e-mail to email@example.com attaching a copy of an identification document.
9.- CHANGES AND ACCEPTANCE
We reserve the right to modify or extend these promotional bases, to the extent that it does not prejudice or undermine the rights of the Participants in the Giveaway.
The mere fact of participating in the giveaway implies that the Participant fully accepts the conditions of these Legal Terms. Likewise, participation in a giveaway of this nature implies acceptance of the rules of the Instagram social network through which it is developed.
10.- APPLICABLE LEGISLATION AND JURISDICTION
These legal bases will be governed in accordance with Spanish law. The Courts and Tribunals of the city of residence of the Participants will be competent to resolve any claim or controversy that may arise in relation to the validity, interpretation, or fulfillment of these bases.