- 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: email@example.com
2. PURPOSE OF THE PROMOTION
2.1. Noon Spain SL will carry out the raffle called the 14 Looks Raffle, a trip to London and 2 gift cards (hereinafter, the PROMOTION ) and which will take place on the @noonspain Instagram account, in accordance with the provisions of these rules.
2.2. The purpose of this giveaway is to reward the loyalty of followers of the brand and its social networks .
3. TERRITORIAL AND TEMPORAL SCOPE OF THE PROMOTION
3.1. The Promotion will be carried out within the Spanish territory (peninsula, Balearic Islands, Ceuta and Melilla), excluding the Canary Islands, and the Portuguese territory and will be exclusive for users residing in Spain and Portugal, in accordance with the provisions of the requirements section. stake.
3.2. The Promotion will take place on November 21, 2023 .
The participation period will begin at 12:00 p.m. (peninsular time) on that day, with the publication that is the subject of the promotion, and will end at 8:00 p.m. (peninsular time) on 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 have elapsed between that time and the publication.
3.3. Cancellation or Modification. The Company reserves the right to cancel the promotion if, after 90 minutes from publication, participation of more than three hundred (300) comments from different users is not recorded.
4. REQUIREMENTS AND FORM TO PARTICIPATE
4.1 . Be a resident in Spain or Portugal and over 14 years of age .
However, participants under 18 years of age may not participate in the promotion or request the delivery of any prize without authorization or consent of the holder of 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 requesting delivery of the prize or otherwise. of the products that have been raffled or promoted.
The lack of authorization or necessary consent , in accordance with the previous paragraph, will lead to the cancellation of participation and the 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 legal acts or businesses 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 products that have been raffled or promoted and delivered when the minor has authorization or consent from the holder of parental authority, guardian or legal representative. Nor will it be responsible in the event 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 real, active and personal account opened on Instagram , which belongs to the participant himself, and which cannot be considered likely to have been created with the sole intention of participating in the Promotion.
Only those accounts that meet the following characteristics will be considered valid for participation:
- The user must have a profile photo designated by them (it is not mandatory that it be a personal photo).
- You must have at least one photograph/post published on your profile 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 does not meet 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 @noonspain account , like and comment on the post tagging a friend . In addition to uploading a photo or collage with Noon's favorite look.
4.5. Each participant may only obtain a SINGLE prize from those mentioned in Condition 6, regardless of whether he or she participates with a single account or with several, or if he or she participates several times in the Promotion.
4.6. Exclusion. The participant will be excluded from the promotion and the draw for any of the prizes for the following reasons:
- Participation through comments or opinions whose content is considered inappropriate, offensive, libelous, discriminatory or similar in 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, personal and family privacy and one's own image.
The participant will be excluded even with a single comment/participation that fails to comply with the above.
- Participation through several profiles or accounts by the same person, or the use of fraudulent means such as the 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 these terms.
When non-compliance is detected after the delivery of the prize, the company may claim its return or, failing that, compensation up to the amount of the value indicated for each prize, without prejudice to the claim for damages caused.
5. FREE PARTICIPATION.
Participation in the draw will not require prior consideration from the participants.
It will be free .
6. PROMOTION MECHANICS AND PRIZES
6.1. The winners will be chosen at random , through the App Sweepstakes platform.
6.2. The winning participants will communicate from stories and comments on the draw post , 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 as follows:
- 14 “ Brand Look ” prizes , each consisting of a lower garment of pants or skirt and another upper garment of a t-shirt, blouse, sweater or top, chosen by the winning participant from the website catalogue, subject to availability.
- Coats, accessories and shoes and items belonging to the ONE collection are expressly excluded from this award.
A drawing will be held every 30 minutes from the beginning of the participation period, a “ Brand Look ” prize will be drawn among the participants of each section of the 30 minutes to which each drawing for this prize corresponds.
Each prize will be valued at an amount less than €200.
The communication will be made within 30 minutes of the draw, in the manner provided for in point 6.2.
In the event of sudden impossibility or non-compliance, the organizing company will only be liable to the awarded participant up to the amount of the prize value expressed above.
- A trip to London for two people, of 3 days and 2 nights , during the month of January/February 2024 , which includes a plane ticket from Madrid to London, accommodation for two people and two gift cards of €100 each, for spend at Noon online or in a physical store. To be decided by the winner.
The value of this prize must not exceed, in any case, the total of €1,300, including travel and the two gift cards.
The specific date for enjoying the trip, during the month of January/February 2024, will be determined according to the availability of flights and hotel accommodations.
The category and selection of the hotel will be managed by the company and is excluded from possible modifications or variations, the reservation will be 2 nights and without the possibility of extension or modification by the Company, in the same way as the meal plan.
The winner may contact the Company during a period of 2 days from the date it is announced on the brand's social profile, including on this date the provision of personal data for flights and reservations. If such contact does not occur within the stipulated period, the draw will be declared void.
This prize does not include travel insurance or similar guarantee.
The organizing company, in the event of sudden impossibility or non-compliance, will only be liable to the awarded participant up to the amount of the value of the prize expressed above.
However, the organizing company will not be liable in case of:
- Failure by the winner or prizewinner to comply with the necessary measures or requirements according to the travel regulations approved by the competent health or administrative authorities or by the flight company to travel or travel in the terms described for the prize. Particularly, in terms of measures or authorizations necessary per Covid19 protocol.
- Delay, cancellation or similar problem in the departure or arrival of flights on the chosen dates, both on the way out and back, or any other type of non-compliance attributable to the flight company.
- Lost suitcases, missed flight, check-in or luggage problems, security problems, name change on the ticket, transfers to the airport and during the trip.
The communication will be made within 30 minutes of the draw, in the manner provided for in point 6.2.
6.4. The prize obtained will not be exchangeable for cash or any other prize, nor can it be changed or altered at the will of the client.
6.5. The organizing company will be responsible for the shipping costs only once to the address indicated by the winner in the terms expressed in base 7.1.
When the winner is domiciled in the Canary Islands or in another territory, other than Spanish or Portuguese territory (peninsula, Balearic Islands, Ceuta and Melilla), they must assume the shipping costs necessary to receive the prize at the indicated address. Otherwise, it will be understood that you renounce 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 them. Where appropriate, the company may require the winner to provide sufficient personal information to comply 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 delivering or enjoying the prize when it has been obtained in breach of the provisions of these rules, including the delivery and shipping terms.
6.8. Participation in the draw implies acceptance and submission to the terms of participation included in these legal bases, including acceptance of the communication of the prize through the Noon brand profile, @noonspain , in the terms expressed in point 6.2. .
7. COMMUNICATION TO THE WINNERS
Once the communication has been made in the terms indicated in point 6.2., the winner must contact the company, through a direct message on Instagram or by email firstname.lastname@example.org , within seven (7) days after , stating the following:
- That expressly accepts the communicated prize and the terms and conditions for its delivery provided for in these bases.
NON-acceptance of the prize and the terms and conditions for delivery of the prize is equivalent to its WAIVER . When this point is not stated in the response message, Noon Spain, SL may require the awarded person to express themselves on this point within the period indicated above.
- For the purposes provided for in Condition 9 of these rules, you must provide a photograph in which only the winner appears and that complies with the terms and conditions of Instagram publication for publication; or, otherwise, expressly authorize Noon Spain, SL to use the photograph that appears in your profile, under the terms set forth in these rules.
Failure to comply with this requirement will result in the forfeiture of the prize won and exclusion from the draw. When this point is not stated in the response message, Noon Spain, SL may require the awarded person to express themselves on this point within the period indicated above.
- When necessary to manage 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, DNI and age.
In the case of minors, it will also be necessary for them to provide authorization and a copy of the DNI/NIE of the legal representative, guardian or holder of parental authority.
- Provide an address in the territory of the Spanish or Portuguese State (Peninsula, Ceuta, Melilla, Balearic Islands and Canary Islands) to which to send the Noon clothing pack constituting the prize; a contact email and mobile phone number.
If within the indicated period the winner or, where applicable, substitute, does not respond to the communication sent by Noon Spain, SL, it will be understood that the draw is withdrawn, and the prize will be declared void.
8. 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 due to external acts of misconduct. faith.
8.2. Any abusive or fraudulent use by users will lead to the subsequent disqualification of the participant in the Promotion. If said improper use of the application (with or without the intention of fraud) causes it to malfunction, Noon Spain SL as well as the organizing and collaborating companies will be exonerated from all responsibility, and may cancel the promotion.
8.3. Likewise, it will be understood, but not limited to, that abuse or fraud occurs when a participant participates in the promotion using a false account or third-party identities without their consent.
8.4. Noon Spain SL, as well as the organizing and collaborating companies, are not responsible for possible losses, deterioration, 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 for possible inappropriate or offensive content that users may upload at their own risk.
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 has been awarded.
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 prevents their identification.
8.8. The award 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 cash. 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. Their sale or disposal is strictly prohibited.
8.9. The indication of the winners' personal data will be mandatory for the management of the Prize. Any false communication of 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 success of the draw when there is a just cause or force majeure that prevents it from being carried out in the manner set forth in these rules.
8.11. That Instagram is totally exonerated from any responsibility derived from this giveaway on the part of each participant .
8.12 . The winner is responsible for collecting any permission or consent necessary to enjoy the prize and any incident that occurs during the prize.
Likewise, Noon Spain, SL will not be responsible for any damages, both personal and property , that the winners suffer as a result of enjoying 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 force majeure beyond its control, undertaking 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 these legal bases as long as it does not entail a substantial change to the terms and conditions of the draw or means a reduction in the rights of consumers and users or non-compliance with regulations regarding the protection of personal data.
9. TRANSFER OF IMAGE AND/OR INTELLECTUAL PROPERTY RIGHTS
9.1. Acceptance of the prize, in the terms expressed in Condition 7.1., will entail AUTHORIZATION to Noon Spain, SL by the prizewinner to reproduce, use and disseminate their username , their account and their profile photograph or the one provided. by the same, in any advertising and/or promotional activity that is related to this promotion, all in any medium (including, but not limited to, exploitation through the Internet and RRSS) without said activities conferring rights. of any remuneration or benefit, without prejudice to the delivery of the prize obtained in accordance with these rules.
9.2. The lack of authorization referred to in Condition 9.1. will mean the renunciation of the prize obtained and the exclusion of the draw, proceeding in accordance with the provisions of Condition 7.1.
10. PROCESSING OF PERSONAL DATA
10.1. The personal information provided by the participants and winners will be treated in accordance with the principles of confidentiality and in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, relating to the protection of natural persons with regard to the processing of their personal data and the free circulation of these data and which repeals Directive 95/46/EC (General Data Protection Regulation) and Organic Law 3/2018 , of December 5, Protection of Personal Data 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 Register of Processing Activities owned by Noon Spain, SL for processing, which will consist of participation in this draw, as well as to contact the winners and substitutes of the draw.
Purpose of the processing of personal data. The collection and processing of personal data has the following purpose:
- Manage the PROMOTION regulated in these bases.
- The delivery and acceptance of the prize by the participants and winners.
- Sending the prize packs.
The personal data collected and processed are the data necessary for sending the packs and delivering the raffled prizes: name / surname / full home address / email / telephone number.
Responsible for the treatment: Noon Spain, SL; email: email@example.com
Recipients : Access to personal data and information collected in the context of the organization and celebration of the draw will only be granted to a certain number of people, duly identified, without prejudice to its possible transmission to the organizations and entities in charge of the tasks of monitoring, control or inspection of compliance with the obligations derived from the organization of this draw.
Retention of data: 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.
11. ACCEPTANCE OF RULES
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 express and unreserved acceptance of these rules.
11.2. Failure to comply with any of these bases by the participant will determine his or her immediate disqualification from the draw, without him/her being eligible to participate in the PROMOTION by any other means.
12. APPLICABLE LAW AND JURISDICTION
12.1. These Promotion Rules are governed by Spanish Legislation. The Courts and Tribunals of the city of Seville will be competent to resolve any claim or controversy that may arise in relation to the validity, interpretation or compliance with these bases.
12.2. If any clause or part of a clause of these bases is declared void, illegal or not applicable, said clause or part of it will be understood as not included in these bases, without affecting the validity, legality or applicability of the rest of the conditions. collected in them.