TERMS AND CONDITIONS OF THE “# SmileyxPull&Bear” PROMOTION
One. PULL & BEAR ESPAÑA, S.A., a Spanish company with registered address at Avda. de la Diputación, Edificio Inditex, 15143, Arteixo (A Coruña), Spain, registered in the Company Register of A Coruña in Volume 960, General Section, Folio 17, Page C-3,282, and with Tax ID number A15108673, and email address contact@pullandbear.com (the “Promoter”) has organised this promotional action (the “Promotion”) which will be governed in accordance with these terms and conditions (the “Terms and Conditions”).
Description of the Promotion:
- Medium on which it is held and publicised: Organised through the Pull&Bear website ( www.pullandbear.com) and the Pull&Bear App (individually the “Website” or jointly the “Websites”) and promoted on Pull&Bear brand profiles on Instagram ( http://www.instagram.com/pullandbear ), Facebook ( https://www.facebook.com/pullandbear ) or Twitter ( https://www.twitter.com/Pull_and_Bear ) (individually the “Social Network” or jointly the “Social Networks”).
- Eligibility: Open to legal residents of Germany, Austria, Spain, France, Greece, Ireland, the Netherlands, Portugal, Russia and the United Kingdom who meet the requirements set out below in Clause Two of these Terms and Conditions (the “Participants”).
Employees of the Inditex Group and individuals who have participated in any way in the organisation of the Promotion may not participate in the Promotion.
- Description and theme of the Promotion and how to participate :
The Promotion consists of one (1) draw. To enter the prize draw, Participants must correctly perform the following actions:
(i) Access the Promotion via the Websites.
(ii) Correctly complete the game, which consists of matching each tab with the Smiley logo appearing at the top of the screen with others that will appear at the bottom, until the game is completed with no errors.
(iii) If the Participant reaches the end and successfully completes the game, they must fill in the form with the required information.
(iv) Read and accept these Terms and Conditions.
Each Participant can take part in the game as many times as they wish until they successfully complete it. If the Participant completes the game and fills in the personal information required, all subsequent participations will not be eligible. If the Participant completes the game and does not fill in the personal information required, they will lose the chance to take part in the prize draw.
- Participation dates: From Friday, 12th June 2020 at 00:01 (GMT +1) to Friday, 12th June 2020 at 23:59 (GMT +1).
- Method used to the select the winners: 100 winners will be randomly selected from the Participants who complete the game and meet all the participation requirements and other requirements set out in these Terms and Conditions (individually, the Winner, or jointly, the Winners).
- Prize: Each of the 100 winners will receive a Smiley x Pull&Bear collection T-shirt. Winners can choose the T-shirt size depending on availability.
- Approximate value of the Prize:
The Prize is comprised solely and exclusively of the items indicated in these Terms and Conditions, and the Promoter shall not bear any additional costs other than those mentioned in these Terms and Conditions.
The Prize may not be exchanged for a different Prize or for its cash value.
- Date and place that the Promotion Winners will be published : The list of winners chosen by prize draw will be published on the Pull&Bear website no later than one week after the Promotion.
Two. Any individual can be a Participant if they meet the requirements in these Terms and Conditions and (i) are over 18 years old; (ii) have the legal capacity to enter into a contract and provide consent according to applicable legislation; (iii) are a legitimate user of the Websites used for the Promotion according to the terms and conditions of use of those Websites, (iv) read and accept these Terms and Conditions and (v) follow the participation procedure established in these Terms and Conditions, providing correct and complete information and data required by the Promoter to manage this Promotion.
The Promotion is free, and Participants need not pay any fee to enter it or purchase any product or service beforehand.
Likewise, for Participants who so request and are duly entitled under their national laws, the Promoter shall refund the cost of connection incurred while entering the Promotion, up to a maximum of 3 minutes per Participant. Free connections shall not be entitled to any refund. Refund requests must comply with the following requirements: (i) application in writing sent to the Promoter at the address indicated in Clause One within 15 days following the end of the Promotion (ii) indicating the name, address and email of the applicant, (iii) attaching a copy of the service provider’s invoice, itemising the connection cost incurred in taking part in the Promotion; and (iv) indicating the details of the bank account to which the refund should be transferred.
At the Participant’s request, the shipping expenses incurred will also be refunded, when the Participant has a right to said refund according to applicable legislation (weight of 20 grammes). Refunds will be made within 60 days of receiving the request, after verifying that the foregoing requirements have been met, and as long as the information given corresponds to that provided in the Promotion entry.
Three.- Participants take part in the Promotion at their own risk and liability. The Promoter reserves the right to require proof of compliance with the requirements specified in any clause of these Terms and Conditions at any time.
Four.- The Promoter will manage the Promotion through the Website, using all types of Internet resources to provide maximum publicity for the Promotion, including any Promoter and Inditex Group website, as well as their respective blogs and social network profiles (jointly the “Web Media”).
Five.- The Promoter reserves the right to amend these Terms and Conditions, in whole or in part, in the event of circumstances that prevent completion thereof following public notification via the Website or any other medium on which the Terms and Conditions may have been published in order to avoid damages being incurred by the Participants, including the deposit thereof with civil servants or national authorities, as well as to interrupt or conclude the Promotion at any time. These Terms and Conditions shall be publicly available via the Social Network Instagram for consultation by the Participants. They shall also be sent free of charge to any Participant, making such a request in a letter sent to the address indicated in Clause One and complying with the establishment of this right in corresponding national regulations.
Six.- If the Promotion requires Participants to submit any type of material which may give rise to intellectual or industrial property rights (including copyright) and rights related to honour, personal and family privacy, image rights, or rights of any other nature, including but not limited to photographs, video or any other type of work (the “Materials”), the following requirements must be met: (i) the Materials may be of any type, provided that the reason is that which is indicated in these Terms and Conditions; (ii) the Materials may not show the image of a minor under eighteen (18) years of age; (iii) the Materials may not show or reproduce the image of any third party. If the Contest dynamic exceptionally requires the Materials to include the image of a third party, the Participant must have previously obtained their express consent to submit the Materials to the Promotion, to use their personal image for commercial, advertising and similar purposes and for the purposes of promoting this Promotion, and granting the licence set forth in these Terms and Conditions. Participants must send a document specified by the Promoter accrediting having obtained third party consent to the address indicated in these Terms and Conditions; (iv) the Materials may not unlawfully reproduce another individual’s work, which shall be understood as any work not authorised by its author or by the Law, products, brands or any other distinctive sign of third parties; (v) Materials must not, in accordance with the criterion of the Promoter, be illicit, offensive, libellous, inappropriate or contrary to current law, ethics or public order; (vi) the Materials shall not breach any of the policies or terms and conditions of use of the Social Network.
Furthermore, in the event that the Promotion involves Participants submitting Materials, participation in the Promotion implies and consists of: (i) the Participants granting the Promoter, and/or any third party authorised by the Promoter, an international, free licence to use the Materials (including copyright, and the right to publicly communicate, disseminate and transform the Materials) on the Web Media solely for the purpose of promoting the Promotion. Such licence shall apply for the term of the Promotion and for six months after it has ended; (ii) the Participants granting, in their own name and on behalf of any third parties who may appear in the Materials, the Promoter and/or any third party authorised by the Promoter, an international, free licence to use the image included in the Materials on the Web Media solely for the purpose of promoting the Promotion. Such licence shall apply for the term of the Promotion and for six months after it has ended.
The licences granted pursuant to the terms of the preceding paragraph are understood to be granted with the power to be assigned to third parties (exclusively to the extent necessary to organise, execute and manage the Promotion, pursuant to these Terms and Conditions); and for a period from the start date of the Promotion and up to six (6) months from the date the Winners of the Promotion are published on the Website. Once this period has passed, the Promoter will abstain from continuing to use any of the items covered by the licences provided for in this Clause. Nevertheless, the continued and involuntary use of such elements through the Web Media does not constitute a breach of any kind, provided the Promoter takes reasonable measures to ensure that said elements are removed and their use is discontinued, once the planned time period has lapsed or whenever the use of said elements extends beyond the time period indicated, due to their nature. Participants acknowledge and accept that, given the nature of the Internet and the characteristics of the digital environment in which the Promotion is implemented, once the Materials have been posted on the Website, they and the other elements covered by the licences established in this Clause may remain available on the Internet with no limit whatsoever regarding time or territory and beyond the control and responsibility of the Promoter.
Seven.- Regardless of any other measure established in these Terms and Conditions, non-compliance with any of the terms contained in these Terms and Conditions at any stage or moment of the Promotion may lead to the removal of the Participant and/or withdrawal of the Materials in question, as appropriate, according to the criteria of the Promoter.
Eight.- The Prize is personal, non-transferable and cannot be exchanged for cash or for any other goods or services. The Prize consists solely and exclusively of the elements indicated in these Terms and Conditions. Accordingly, the Promoter shall not incur any costs other than those mentioned in the Terms and Conditions.
Nine. On the Date of publication of the Winners of the Promotion, as stated previously, the Promoter shall publicly announce the Winners of the Promotion on the Social Network Instagram and shall contact each one of them to notify them of their status as Winners and organise delivery of the corresponding Prize. For the purpose of publishing the results of the Promotion and the Winners thereof, the Promoter shall be authorised to publish their names on the Website and Web Media. Additionally, either directly or via third parties, the Promoter shall be authorised to interview, photograph and/or record the Winners at the moment the Prize is awarded and/or during its enjoyment, hereby committing to cooperate to that effect and allowing the material in question to be used under the same conditions outlined in the Terms and Conditions with respect to Materials and also via its publication on any written media, including, but not limited to, newspapers, magazines and newsletters.
Ten .- It shall be understood that the Winners have rejected and waived their right to the Prize in the event that no reply to the communications from the Promoter is forthcoming (or the reply is unsatisfactory) within the deadline defined in Clause One of these Terms and Conditions. The same shall apply in the event that it is not possible to deliver the Prize to the Winners for reasons not attributable to the Promoter. In these cases, as when any other Winner waives their right to the Prize, the Promoter will award the Prize to the alternates. Under any other circumstances, the Promoter shall be fully entitled to award the Prize to another Participant or declare the Promotion null and void. In no case shall the expiration of the period indicated in this Clause or a waiver be cause for declaring null and void or revoking the licences granted under these Terms and Conditions.
The Prize shall be delivered within the term and in the manner legally established. In order to deliver the Prize, the Promoter shall be entitled to require proof of identity from the Winners. The delivery and use of the Prize may be conditional on the Winners signing a document accepting the prize, the content of which will in any event be compatible with these Terms and Conditions. Failure to comply with said requirement, if requested by the Promoter, shall imply express rejection of the Prize and assignment thereof to the corresponding persons in accordance with the paragraph above or declaration of the Promotion null and void, as applicable.
Tax legislation may require withholdings or payments on account to be applied to the Prize, and the Winners may be required to sign certain tax documents related to such withholdings or payments on account. In any event, the Winners shall be responsible for paying any tax, levy or similar charge that they must pay in accordance with applicable law. The Promoter shall thus be exempt from any tax liability corresponding to the Winners.
Eleven.- Entering the Promotion entails and constitutes the following, in addition to other elements mentioned in these Rules: (i) acceptance of these Terms and Conditions, and of the Terms and Conditions of Use of the Social Network; and (ii) permission from the Winners for the Promoter and/or any third party authorised by the Promoter to use their name for the purposes of publishing the name of the Winners on the Website and Web Media.
Twelve.- By participating in the Promotion, Participants declare and undertake: (i) to accept these Terms and Conditions; (ii) to meet all the requirements necessary for the purposes defined herein; (iii) that the information and/or data provided within the framework of the Promotion are truthful and accurate; (iv) to have all the necessary authorisations and licences in writing, in accordance with these Terms and Conditions, and/or be the holders of all the rights (including, but not limited to, intellectual or industrial property rights, rights of honour, rights of personal and family privacy, personal image rights and rights of any other nature) relating to the Materials; (v) that, where necessary, they have obtained a written waiver from the third parties appearing in the Materials granting the right to use the images included in the Materials and the right to transfer or licence said right to any third party, to the extent required to enable use of the Materials in the media indicated in Clause Four and solely for the purposes of promoting the Promotion; and (vi) that the Materials: (a) infringe no rights (including, but not limited to, intellectual and industrial property rights and rights related to honour, personal and family privacy and image rights) held by third parties; (b) include no phrases, images or any other element which could violate the right to privacy, image or honour of individuals; and (c) infringe no applicable legal provisions.
In accordance with the above, the Participants will indemnify the Promoter and/or any other Inditex Group company against all costs and damages arising from: (i) claims of any nature formulated by third parties alleging that the Materials infringe their rights; (ii) inaccurate or false information and/or data provided and/or disclosed on the Website, the Web Media or any other media used within the framework of the Promotion; or (iii) failure to comply with any of the guarantees, promises or assertions set forth in these Terms and Conditions.
Thirteen.- Notwithstanding the provisions of the above clause, the Promoter shall be entitled to: (1) block and delete any Materials available on the Website, the Web Media or any other media used for the Promotion which, in its opinion: (i) may be considered illicit, offensive, inappropriate or contrary to moral or public order, or that in any other way may be considered to violate the rights of third parties and/or any applicable regulation; (ii) for any reason prevent or hinder participating in the Promotion, access to the Website, to the Web Media, or any other media used within the framework of the Promotion; or (iii) infringe any of the provisions of these Terms and Conditions; (2) at its own discretion, prevent access to the Website, the Web Media or any other media used within the framework of the Promotion by those Participants who, in its opinion, may have failed to comply with any of the provisions or guarantees established in these Terms and Conditions.
Fourteen.- The Promoter shall not be liable for: (i) faults with, the collapse or malfunction of telecommunications systems, the App, the Website, the Web Media or any other media used within the framework of the Promotion, or for delay in transmission of the Materials, or for any loss thereof which may occur due to any of these reasons; (ii) deficiencies, damages or losses that may be caused to the Participants as a result of using the App or electronic applications from third parties necessary to participate in the Promotion, or those implemented on the Website, the Web Media or any other media used within the framework of the Promotion; (iii) the possible use made by third parties, including Internet users, of the Materials that may be publicly disclosed within the framework of the Promotion. The Promoter shall not be liable for any delays, losses or deterioration caused by third parties. The Promoter shall not be liable in events of force majeure (such as strike action, etc.) that may prevent the Winners from fully or partially using the Prize. The Promoter shall be exempt from all liability in the event of any of the above circumstances and from all liability for damages incurred while using the Prize.
Fifteen . Promotion Privacy Policy.
Personal data provided by the Participants to participate in the Promotion through the procedure described in these Terms and Conditions will be processed by the Promoter as the Data Controller and the companies that appear as owners of the Websites in the different countries where the Promotion is carried out with the purpose of developing, carrying out and managing the Promotion and in accordance with the Promotion’s dynamics, to disseminate its name and image on the Internet through the Website and the Web Media, with a view to developing, carrying out and commercially exploiting or promoting the results of the Promotion. The legal basis for processing this data is the execution of the provisions established in these Terms and Conditions.
Likewise, in order to comply with these purposes, the Participants and Winners are hereby informed that the Promoter must provide access to your personal data to Inditex Group entities insofar as they are directly involved in the development, implementation and dissemination of the Promotion (whose activities are related to the sectors of decoration, textile, finished clothing and household products, as well as any accessories for said products, including cosmetics and leather goods, and the development and support of e-commerce activities) and to third parties providing support in managing the Promotion, such as technology services, third-party professionals related to the logistics/transport/courier sector and/or third parties collaborating to provide access to the prize.
In certain cases, and for service efficiency, some of these providers may be located in territories outside the European Economic Area, which do not provide a level of data protection equal to that of the European Union. In such cases, Participants have been informed that their data will be transferred with the appropriate guarantees and always ensuring the security of participants’ data. In addition, Participants within the European Economic Area are informed that in these cases, suppliers are either certified by Privacy Shield ( https://www.privacyshield.gov/welcome ) or standard Contractual Clauses approved by the Commission have been signed with them, the content of which may be viewed by clicking on the following link: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en .
If, within the framework of the Promotion, Materials are submitted which reproduce or in any other way provide third-party personal data, Participants guarantee that they have informed said third parties and, if necessary, have obtained their necessary consent for the purposes described in these Terms and Conditions. This includes the publishing of their name, Social Network profile and username, and image on the Internet through the Website and the Web Media with a view to developing, carrying out and commercially exploiting or promoting the results of the Promotion. The Promoter reserves the right to require the Participants and/or Winners to prove their compliance with the requirements mentioned above in order to process their personal data.
Once the Promotion and related activities and promotions have come to an end, the personal data furnished and stored in the respective databases for the purpose of managing the Promotion shall be deleted within six (6) months, including all personal or third-party data included in the Materials.
- Data protection rights:
In any case, Participants, Winners and/or third parties, may exercise their rights to access, rectification, erasure, restriction of processing and portability, as well as any other applicable rights in accordance with data protection regulations by sending a written communication to: dataprotection@pullbear.com , including “#SmileyxPull&Bear” in the subject line and indicating the right you wish to exercise. If necessary, the Promoter may request additional information for identification purposes.
Participants and/or Winners may also contact the Data Protection Office with any queries related to data protection by sending an email to dataprotection@pullbear.com . Likewise, users within the European Economic Area have the right to file a complaint before the supervisory authority for personal data protection: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
More information: For more information regarding the use of data, Participants and/or Winners may consult the Pull&Bear Privacy Policy, which is permanently available at www.pullandbear.com.
- Data protection provisions specified by market:
Russia:
In the case of Russian citizens participating from Russia, we hereby inform you that, in the event that you win the Promotion, and for the purpose of arranging your Prize, your personal data may be processed outside of Russia by Inditex Group companies (whose activities are related to the decoration, textile, finished clothing and household product sectors, including cosmetics and leather goods, as well as the development and support of e-commerce activities), by the Promoter and/or by the Group parent company Industria de Diseño Textil, SA (Inditex, SA), all of which are based in the European Economic Area. By participating in the contest and accepting the Prize, you expressly authorise the international transfer of your data in accordance with the aforementioned terms. In the event that you do not authorise this international transfer of your personal data, you will not be able to take part in the Promotion.
France:
Data Protection Rights: Participants have the right to determine the rules governing the fate of their data after death.
Germany:
Data Protection Rights:
- Access: right to access is limited in accordance with Section 34 of the German Federal Law on the Protection of Personal Data. Right to access, for example, is not applicable if the data (a) was obtained only because they could not be deleted due to legal provisions on data retention, or (b) they only serve to monitor data protection or safeguard data, and providing this information would require a disproportionate effort, and the adoption of appropriate technical and organisational measures make processing for other purposes impossible.
- Erasure: the right of erasure, in accordance with Section 35 of the German Federal Law on the Protection of Personal Data, does not apply, for example, when non-automated data processing is impossible or implies a disproportionate effort due to the specific mode of storage and when your interest in the erasure could be considered residual. In that case, you may be entitled to restrict processing.
Sixteen.- This Promotion is not sponsored, endorsed or managed by the Social Network nor associated with it in any way. Participants fully exempt the Social Network from any liability. The information provided by Participants within the framework of the Promotion is not provided to the Social Network, but to the Promoter.
Seventeen.- These Terms and Conditions are governed by Spanish law. In the event of a discrepancy between versions of the Terms and Conditions in other languages, the version in Castilian Spanish shall take precedence.
Eighteen.- These Terms and Conditions are applicable to Participants without prejudice to any applicable regulations.