LEGAL BASES OF DRAW 06/20/2024
PROMOTION ORGANIZING COMPANY
This draw is organized by the company NOON SPAIN, SL (hereinafter, Noon Spain, SL . , the Company or the Organizer ), with NIF.: B-90.248.147 and address for notification purposes in Seville, on Avenida de Las Races, No. 12, Nave 2, CP: 41,012; with contact telephone number: 954 96 79 38 and email: comunicacion@noonspain.es
In collaboration with WAITING FOR THE SUN, SL , with CIF: B13953658, with address at Alonso Cano 66, Madrid, represented in this act by Borja Reyes, in his capacity as General Director, who from now on will be called " Voiash " .
PURPOSE OF THE PROMOTION
2.1. Noon Spain SL , and Waiting for
the sun will carry out the raffle called Raffle 16 clothes and trip to
Malta (hereinafter, the PROMOTION ) and which will be developed
on the Instagram account of @noonspain ,
in accordance with the provisions of these bases. Noon Spain will provide
the raffled clothes and Voiash will be responsible for the trip.
2.2. The
The purpose of this raffle is to reward the loyalty of the followers of
the brand and its social networks .
TERRITORIAL AND TEMPORAL SCOPE OF THE
PROMOTION
3.1. The
Promotion will take place within the Spanish territory (peninsula, Balearic Islands,
Ceuta and Melilla), excluding the Canary Islands, and will be exclusive for users
residents in Spain, in accordance with the provisions of the requirements section
stake.
3.2. The
Promotion will take place on June 20, 2024 .
The participation period will begin
at 12:00 p.m. (peninsular time) of said day, with the publication subject
of the promotion, and will end at 9:00 p.m. (hour
peninsular) of the same day.
If the publication that is the subject of the promotion
takes place after 12:00 p.m., the promotional period will be extended by
as many minutes as those that had elapsed between that hour and the
publication.
3.3. Cancellation or Modification. The Company reserves the right to cancel the promotion
If, after 90 minutes from publication, it was not registered
a participation of more than three hundred (300) comments from different
users.
REQUIREMENTS AND FORM TO PARTICIPATE
4.1 . Be
resident in Spain and over 14 years of age .
However, participants under
18 years of age will not be able to participate in the promotion or request delivery of
any prize without authorization or consent of the owner of the
parental authority, guardian or legal representative . In any case, when the
winner is a minor, the authorization or consent of the
holder of parental authority, guardian or legal representative must be
written and accredited to the organizing company, at the time of
request delivery of the prize or other products that have been
raffled or promoted.
Lack of authorization or
necessary consent , in accordance with the previous paragraph, will entail the
cancellation of participation and automatic loss of the prize
obtained .
It will also be necessary to have the
authorization or consent of the holder of parental authority, guardian or
legal representative of the minor for the celebration of the rest of the acts or
legal transactions in which the use or enjoyment of the prize is required.
Noon Spain, SL is not
responsible for the enjoyment or use of the prize or other of the
products that have been raffled or promoted delivered when the minor
of age has the authorization or consent of the owner of the country
power, guardian or legal representative. Nor will it be responsible in case of
fraud, error or defect in the consent to obtain and enjoy the
prize or other products that have been raffled or promoted.
4.2. Participate in the contest through the account
real, active and open personal on Instagram , which
belongs to the participant himself, and that cannot be considered susceptible to
have been created with the sole intention of participating in the Promotion.
They will only be considered valid for participation
those accounts that meet the following characteristics:
The user must have a profile photo
designated by the same (it is not mandatory that it be a personal photo).
You must have at least one photograph/post
published on your profile within from the moment of its creation.
It will be understood that the account has been created with the sole intention of participating
in the promotion when it has been opened after the publication of the promotion and has not
meets the stated requirements.
4.3. Participation will be made from a single
account.
The participation of a person from
different Instagram accounts will lead to their exclusion from the draw.
4.4. It will be necessary to follow the account @noonspain and
@survivors_voiash and comment on the
Post tagging a friend . In addition to uploading to stories the
template provided in Noon stories mentioning both accounts.
4.5. Each
Participant will only be able to obtain a SINGLE prize from the
mentioned in Condition 6, regardless of whether you participate with only one
account or has several, or who participates several times in the Promotion.
4.6. Exclusion. The participant will be excluded from the promotion and
draw for any of the prizes for the following reasons:
Participation through comments or opinions
whose content is considered inappropriate, offensive, libelous,
discriminatory or of similar content, and also those that could
involve any violation of the rights of the brand or third parties.
Particularly those that violate the principles of the right to honor,
to personal and family intimacy and to one's own image.
The participant will be excluded
even with a single comment/participation that fails to comply with the above.
Participation through comments that
violate Instagram's terms and conditions for publication on the
platform ( Instagram Community Rules or the
Instagram Terms of Use ).
Participation through various profiles or
accounts by the same person, or the use of fraudulent means such as
use of bots or other automatic or mass comment tools.
Any other breach of these
terms of participation in the draw.
Any other cause of exclusion provided for in the
present terms.
When non-compliance is detected after
delivery of the prize, the company may claim its return or, in
In its absence, compensation up to the amount of the value indicated for each prize,
without prejudice to the claim for damages caused.
FREE PARTICIPATION.
Participation in the draw is not
will require prior consideration from the participants.
It will be free .
PROMOTION MECHANICS AND PRIZES
6.1. HE
will choose the winners at random , through the
Sweepstakes App platform.
6.2. The
awarded participants will communicate from stories and copy of the raffle post , to
through the Noon brand profile, @noonspain .
For these purposes, the publication
will be made with mention of the Instagram profile user ( @ …. ).
6.3. The
dynamics of the promotion, the drawing and the prizes will be carried out
in the following way:
16 “ brand clothing ” prizes, which will be chosen randomly by the brand as well as the
sizes of each one. These garments will correspond to the 21/22 collection
and 22/22.
A draw will be held every 30 minutes
From the beginning of the participation period, a “ pledge of
the brand ”, between the participants of each section of the 30 minutes to which
each draw of this prize corresponds.
Each prize will be valued at a
amount less than €200.
Communication will be made within 30 minutes
following the draw, in the manner provided for in point 6.2.
In case of sudden impossibility or
non-compliance, the organizing company will only respond to the
awarded participant up to the amount of the prize value expressed above.
A trip to Malta for two people, 7 days and 6
nights , during the 24th and 31st of July
2024, which includes a plane ticket from Madrid to Malta with suitcase
hand luggage included, accommodation for two people and excursion to Blue Lagoon,
and 5 looks from Noon , made up of a top (top,
blouse, t-shirt) and a bottom (skirt, shorts, jeans, pants)
belonging to the 22/22 season.
The category and selection of the hotel will be
managed by Voiash and is excluded from possible modifications or
variations, the reservation will be 7 nights and 6 days without the possibility of extension or
modification by the Company.
The winner will be able to contact the Company
during the period of 2 days from the date on which it is announced in the
social profile of the brand, including on this date the provision of data
personal for flights and reservations. In the event that within the stipulated period the
Should such contact occur, the draw will be declared void.
This prize does not include travel insurance or
similar guarantee.
The organizing company, in case of
unforeseen impossibility or non-compliance, will only respond to the
awarded participant up to the amount of the prize value expressed above.
However, the organizing company does not
will respond in case of:
Non-compliance by the winner or prizewinner
of the necessary measures or requirements according to the regulations of
travel approved by the health or administrative authorities
competent authorities or by the flight company to travel or move in the
terms described for the prize. Particularly, regarding measures or
authorizations necessary per Covid19 protocol.
Delay, cancellation or similar problem in the
departure or arrival of flights on the chosen dates, both departure and arrival
upon return, or any other type of non-compliance attributable to the flight company.
Lost suitcases, missed flight, problems
check-in or baggage, security problems, name change in the
ticket, transfers to the airport and during the trip.
Communication will be made within 30 minutes
following the draw, in the manner provided for in point 6.2.
6.4. He
prize won will not be exchangeable for cash or any other
prize, nor can it be subject to change or alteration at the will of the client.
6.5. The
organizing company will be responsible for the shipping costs only once per
address indicated by the awarded person in the terms expressed in the
basis 7.1.
When the winner has his domicile in
the Canary Islands or in another territory, other than Spanish territory (peninsula,
Balearic Islands, Ceuta and Melilla), you must assume the necessary shipping costs to
receive the prize at the indicated address. In another case, it will be understood that
renounces the prize.
6.6. The
delivery of the indicated prizes will be subject to compliance with the
tax obligations in force at the time of obtaining it. In your case,
The company may require sufficient personal information from the winner on
compliance with the tax obligations to which it is obliged.
If the winner refuses to provide
said information, it will be understood that he/she renounces the prize.
6.7. The
organizing company will not be responsible for the impossibility of delivery or
enjoy the prize when it has been obtained in breach of the provisions
on these bases, including the delivery and shipping terms.
6.8. The
Participation in the draw implies acceptance and submission to the
terms of participation included in these legal bases,
including the acceptance of the communication of the prize through the profile of the
Noon brand, @noonspain , in the terms expressed in the
point 6.2.
COMMUNICATION TO THE WINNERS
Communication made in the terms
indicated in point 6.2., the winner must contact
the company, through Instagram direct message or
from the email comunicacion@noonspain.es , within seven (7) days after, making
state the following:
That expressly accepts the prize
communication and the terms and conditions for its expected delivery
in these bases.
NON-acceptance of the prize and
the terms and conditions for the delivery of the prize is equivalent to its
RESIGNATION . When this point is not stated in the message
response, Noon Spain, SL may require the winner to
express itself on this point within the period indicated above.
For the purposes provided for in Condition 9 of
these bases, you must provide a photograph in which it appears
only the awarded person who complies with the terms and conditions
Instagram post for your post; or, otherwise, authorize
expressly to Noon Spain, SL to make use of the photograph that
appears in your profile, in the terms set forth in these bases.
Failure to comply with this
requirement will entail the renunciation of the prize obtained and exclusion from the draw.
When this point is not stated in the response message, Noon Spain,
SL may require the awarded person to comment on this
extreme within the period indicated above.
When necessary for the management of the
delivery of the prize, provide a copy of your national identity document
(DNI) or comparable title for foreigners residing in Spain,
in order to obtain the following personal data: Name and surname,
ID and age.
In the case of minors, it will also be
It is necessary that they provide authorization and a copy of the DNI/NIE of the representative
legal guardian or holder of parental authority.
Provide an address in State territory
Spanish (Peninsula, Ceuta, Melilla, Balearic Islands and Canary Islands) to
to send the Noon clothing pack constituting the prize; a mail
contact email and mobile phone number.
If within the indicated period the person
awarded or, where appropriate, substitute, did not respond to the communication made
by Noon Spain, SL, it will be understood that the draw is withdrawn and declared void.
the award.
RESERVATIONS AND LIMITATIONS
8.1. Noon
Spain SL as well as the organizing and collaborating companies in the promotion,
are exonerated from all responsibility in the event of malfunction of the
electronic communication networks that prevent the normal development of the
promotion for reasons beyond their control and especially for external acts of evil
faith.
8.2. Any
Abusive or fraudulent use by users will give rise to the
consequent disqualification of the participant in the Promotion. If said use
improper use of the application (with or without fraudulent intent) will cause harm
operation of the same, Noon Spain SL as well as the organizing companies and
collaborators will be exonerated from all responsibility, and may cancel the
promotion.
8.3. Of the
Likewise, it will be understood, by way of example but not as a limitation, that
produces abuse or fraud, when a participant participates in the promotion
using a fake account or third party identities without your consent.
8.4. Noon
Spain SL as well as the organizing and collaborating companies are not responsible.
of possible losses, deteriorations, delays or any other circumstance
attributable to third parties that could affect participation in this
Promotion.
8.5. Noon
Spain SL as well as the organizing and collaborating companies are not responsible.
of possible inappropriate or offensive content, which users on their own
and risk could increase.
8.6. The
verification of any of these circumstances during the Promotion
will result in automatic disqualification and prohibition from participating in
the draw as well as the loss of the prize if it had been awarded in your case.
8.7 .
Noon Spain SL, as well as the organizing and collaborating companies, are
exempt from any liability in the event of any error in
the data provided by the participants themselves that prevented their
ID.
8.8. The
Awarding of the Prize is personal and non-transferable .
The prizes are subject to these
legal bases and it will not be possible to replace them totally or partially with money in
metal. The prizes will not be subject to change, alteration or
compensation at the request of the winners.
If the prize is rejected, by the
winner, no alternative will be offered. It is strictly prohibited
sale or disposal.
8.9. Indication of the personal data of the winners
It will be mandatory for the management of the Prize. Any communication
False personal data will entitle the organizers of this draw
to disqualify the winner and be able to have the corresponding prize, in the
terms expressed here.
8.10. Noon
Spain, as well as the organizing and collaborating companies, reserve the
right to make changes that result in the successful conclusion of the draw when
there is a just cause or reasons of force majeure that prevent it from being carried out
in the way they are set out in these bases.
8.11. That
Instagram is completely exonerated from any responsibility
derived from this draw by each participant .
8.12 .
The winner is responsible for collecting any permission or consent
necessary to enjoy the prize and any incident that may occur
during it.
Likewise, Noon Spain, SL
will not be responsible for damages and losses, both personal and
patrimonial , that the awarded people suffer for the enjoyment
of the prize awarded, including compensation of any nature
and/or nature, expenses, costs (with express inclusion of the fees of
lawyers and attorneys).
8.13 .
Noon Spain, SL is expressly authorized to postpone, shorten,
extend, modify, cancel or suspend the draw as a result of
causes of force majeure beyond its control, committing to inform the participants
of this circumstance as soon as possible.
Likewise, Noon Spain, SL is
expressly empowered to resolve any contingency not provided for in the
present legal bases as long as it does not imply a substantial change of the
terms and conditions of the draw or means loss of the rights of
consumers and users or non-compliance with regulations regarding
Personal data protection.
TRANSFER OF IMAGE AND/OR PROPERTY RIGHTS
INTELLECTUAL
9.1. Acceptance of the prize, in the terms expressed
in Condition 7.1., will entail the AUTHORIZATION to Noon Spain,
SL by the awarded person to reproduce, use and disseminate
your username , your account and your photo
profile or that provided by it, in any activity
advertising and/or promotional that is related to this promotion,
all of this in any medium (including, but not limited to,
limitation, exploitation through the Internet and RRSS) without said
activities confer the right to remuneration or any benefit, without
prejudice to the delivery of the prize obtained in accordance with these bases.
9.2. The
lack of authorization referred to in Condition 9.1. will mean the
renounces the prize obtained and the exclusion from the draw, proceeding in accordance with
the provisions of Condition 7.1.
PROCESSING OF PERSONAL DATA
10.1. The personal information provided by the
participants and prizewinners will be treated in accordance with the maxims of the
confidentiality and in accordance with the provisions of Regulation (EU)
2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding
to the protection of natural persons with regard to the processing of
your personal data and the free circulation of these data and by which
repeals Directive 95/46/EC (General Data Protection Regulation) and
to Organic Law 3/2018, of December 5, on Data Protection
Personal and guarantee of digital rights .
Noon Spain, SL will be responsible for the
processing of said information. For these purposes, it will be incorporated into the Registry
of processing activities owned by Noon Spain, SL for its
treatment that will consist of participation in this draw, as well as for
Contact the winners and substitutes of the draw.
10.2. Terms of use of personal data:
Purpose of data processing
personal. The collection and processing of data
personal have the following purpose:
Manage the PROMOTION regulated in these
bases.
The delivery and acceptance of the prize of the
participants and winners.
Sending the prize packs.
Personal data collected and processed
These are the data necessary to send the packs and deliver the prizes.
drawn: name / surname / full home address / email
email/phone number.
Responsible for the treatment: Noon Spain, SL; email: administracion@noonspain.es
Recipients : You will only grant access to personal data already
the information collected in the context of the organization and celebration of the
draw to a certain number of people, duly identified, without prejudice
of its possible transmission to the organizations and entities in charge of the tasks
monitoring, control or inspection of compliance with obligations
derived from the organization of this draw.
Data retention: The data controller will only retain
the data when it is necessary to carry out follow-up actions of the act,
taking into account the purpose of the processing of personal data.
The user may exercise the rights
of access, rectification, deletion and other rights that can be consulted in the
additional and detailed information in our privacy policy
by contacting the person responsible for the treatment at the indicated email.
ACCEPTANCE OF BASES
11.1. Without
prejudice to the provisions of Condition 8 and the rest of the conditions included
In these rules, participation in the promotion implies acceptance
expressly and without reservation of these bases.
11.2.
Failure to comply with any of these bases by the participant will determine
your immediate disqualification from the draw, without being eligible to participate
in the PROMOTION by any other means.
APPLICABLE LAW AND JURISDICTION
12.1. The
These Promotion Bases are governed by Spanish Legislation. They will be
competent to resolve any claim or controversy that may
arise in relation to the validity, interpretation or compliance of these
bases the Courts and Tribunals of the city of Seville.
12.2. If any clause or part of a clause of these
bases were declared void, illegal or not applicable, said clause or part of the
The same will be understood as not included in these bases, without affecting the
validity, legality or applicability of the rest of the conditions included in the
themselves.