LEGAL BASIS OF "GIVEAWAY WORLD VEGAN DAY"
The present giveaway (hereinafter the "PROMOTION") is organized and promoted by the entity "Carvajal Pardo SL" (hereinafter the "ORGANIZER") with registered address at c/Francesc Layret, 114, 08911 Badalona, with tax identification number ES B01759380, registered in the Commercial Register of Catalonia. Participation in the PROMOTION takes place on the "KUMI Sneakers" brand account on the Instagram social network, namely @kumisneakers (Instagram), in accordance with the terms and conditions set forth in these legal terms (hereinafter the "Bases"). This PROMOTION is in no way sponsored, administered, or associated with Instagram. By participating in the PROMOTION, users agree that Instagram is completely exempt from any claims or demands arising in relation to the PROMOTION.
2.- ACCEPTANCE OF THE BASES AND PURPOSE OF THE PROMOTION
Participation in this PROMOTION implies the acceptance, without reservation, of each and every one of the terms and conditions contained in these Bases. The purpose of this giveaway is to promote and raise awareness of the Kumi Sneakers brand.
3.- PROMOTION DATES
Participation will take place from November 1, 2023, to November 6, 2023. The ORGANIZER reserves the right to modify these Bases and the participation dates, extending or reducing them, and to suspend the PROMOTION, with the sole obligation to communicate such a decision prior to the date of its termination.
4.- CONDITIONS FOR PARTICIPANTS IN THE PROMOTION
Participation in the PROMOTION is free and open to all individuals who are of legal age - 18 years old or older. Individuals who do not meet these conditions should not participate in the PROMOTION and will be disqualified. Employees of the ORGANIZER, as well as those of its group companies, suppliers, or collaborating entities in the realization of this PROMOTION, and relatives of these persons within the first degree of consanguinity or affinity, are not eligible to participate. If they participate, they will be disqualified and deprived of any prize they may have won. To participate and be eligible for the PROMOTION prize, participants must have an electronic device with an internet connection, and the cost of the internet connection from their electronic device will be borne by the participant. Participants cannot create fake accounts on Instagram solely for the purpose of participating in the PROMOTION, nor can they create accounts to submit multiple entries.
5.- PARTICIPATION MECHANISM
Participation Mechanism on Instagram
To participate in the PROMOTION, via Instagram, participants must:
Follow @kumisneakers (Instagram).
Like the giveaway post.
Mention two people in a comment (participants can mention as many times as they want).
Additionally, share the post in stories (If the account is private, participants are requested to send a screenshot via DM to verify that the requirements are met).
The same person can participate (comment) as many times as they want, but at the time of the draw, only one (1) entry per user will be counted. Comments must be made public to be visible and located for participation in the PROMOTION. If the comment posted by the participants is not related to the above, or if the response/comment is posted on another post/entry unrelated to the PROMOTION, it will not be considered as participation in the PROMOTION.
Posting of comments or opinions:
During the course of this PROMOTION, participants will at all times ensure the excellent image of the brand. Publications that may bother third parties or constitute illegal activities (contrary to morality, with sexual, ideological, or political content; threaten, denigrate, insult, make comparisons with other hotel or restaurant establishments, etc.) are not allowed. Photographs, comments, or opinions whose content is considered inappropriate, offensive, defamatory, or discriminatory or that may violate the rights of third parties are not allowed either. Comments against an individual that violate the principles of the right to honor, personal and family privacy, and self-image will not be allowed. We will not be responsible for any damages caused by the comments made by the participants in the PROMOTION, which may offend the sensibilities of other participants at any time. In the event of the above, participants will be disqualified. The ORGANIZER is not responsible in any case for the collection of personal data in the event that third parties affected appear in their publications. In this regard, participants undertake to strictly comply with the provisions of the regulations in force at all times regarding the protection of personal data and the right to an image, undertaking to indemnify the ORGANIZER for any damage, harm, or liability incurred as a result of non-compliance with these Bases. Likewise, the ORGANIZER is not responsible for publications in which minors appear, and participants in the PROMOTION must obtain the corresponding authorizations from their legal guardians in accordance with the foregoing, indemnifying the ORGANIZER for any damage, harm, or liability.
There will be two (2) winners of one (1) prize each. Each prize consists of:
One (1) pair of Hygge/22 collection sneakers, to be chosen in color and size by the winners.
The PRIZE cannot be exchanged for money, nor is any change, modification, or compensation allowed, nor is its transfer to third parties permitted. The PRIZE will not be awarded to persons other than the participant who is declared the winner. The ORGANIZER reserves the right to change the PRIZE for another of equivalent value. The PRIZE may remain unclaimed without a winner if the participants do not meet the conditions and requirements to be participants and winners in the PROMOTION. The ORGANIZER covers the shipping costs of the package. Additional costs associated with customs in the destination country are not included in the PRIZE. In the event that customs duties must be paid, the WINNERS must bear the cost. If the WINNERS wish to change their size, it will be at their own responsibility and they will have to pay the cost of the return shipment and the new size. The ORGANIZER will not be responsible for any extra cost. The PRIZE will be personal and CANNOT be transferred. Under no circumstances can the PRIZE be changed, altered, or compensated at the winner's request. The PRIZE is personal and non-transferable and cannot be transferred or exchanged for its cash equivalent. Only those who meet the requirements set out in section 4 of these Legal Bases may be winners. The ORGANIZER reserves the right to change the nature or amount of the PRIZE if, for reasons beyond its control, the delivery of the PRIZE specified in these Legal Bases is not possible. In this case, the ORGANIZER undertakes that the new prize(s) will be of equal or superior characteristics to those of the announced PRIZE and/or that their economic value will be equal to or greater than that of the announced PRIZE.
7. THE GIVEAWAY
After the end of the time for participation in the PROMOTION on November 7, 2023, at 00:00h, the winners will be chosen based on Carvajal Pardo SL's internal criteria on November 7, 2023. The names of the winners will be announced on the KUMI Sneakers open account on the Instagram platform - namely @kumisneakers - on the same day. Similarly, one or more substitute winners (up to a total of two (2) substitute winners) will be chosen using the same system in case the selected winner does not accept the prize within the time and manner specified in clause 8 below.
8.- COMMUNICATION OF THE PRIZE TO THE WINNER
To claim their prize, the winner must expressly check on the indicated day - November 7, 2023, the open account @kumisneaker (Instagram) - to verify if they have been chosen and, if so, they must also contact "Carvajal Pardo SL" through that platform via direct message, at which point they will be informed of the conditions for enjoying the PRIZE, and the winner must accept it within a maximum period of forty-eight (48) hours after the communication on social media of the winner in the mentioned platform. In the event that (i) the personal data or the address where the PRIZE has been notified is incorrect, (ii) the winner does not claim the PRIZE within the specified period or cannot benefit from it for any reason, (iii) the winner is disqualified for non-compliance with the terms of the Bases, or (iv) the winner does not accept the PRIZE within the specified period, the right to the PRIZE will be lost, and it will be awarded to the first substitute resulting from a subsequent draw who meets the requirements to be a participant and winner in the PROMOTION. And so on until reaching the third substitute, in which case the PRIZE will remain unclaimed. The ORGANIZER may request from the winner any information or documentation to prove that they meet the conditions to be a participant and winner in the PROMOTION, with the winner having a period of two (2) calendar days from the date of the request to provide it. Failure to provide the requested information or documentation to the satisfaction of the ORGANIZER, or if it is found after verification that they do not meet any of the conditions to be a participant or winner, will result in disqualification.
Participation in the PROMOTION By participating in the PROMOTION, the participant agrees that the ORGANIZER will process their data for the following purposes:
Manage their participation in the PROMOTION, its development, the designation of the winner, and the delivery of the PRIZE.
The data will be kept for the time necessary for the fulfillment of the purposes for which they were collected, unless the user requests their withdrawal from the ORGANIZER, objects, or revokes their consent in accordance with the provisions of these bases. Obligation to provide data The data requested will be mandatory (unless otherwise specified) to fulfill the established purposes. Therefore, if they are not provided or not provided correctly, the owner of the data will not be able to participate in this PROMOTION. Legitimacy of the processing The processing of the participant's data by the ORGANIZER for the aforementioned purposes is based on the consent requested, which can be withdrawn at any time. However, in the event of withdrawal of their consent, this will not affect the legality of the processing carried out previously. Participant's responsibility The participant guarantees that the data provided, if any, are true, accurate, complete, and up to date, being responsible for any direct or indirect damage or harm that may arise as a result of the non-fulfillment of this obligation. For these purposes, the ORGANIZER informs that it does not verify the truthfulness of the data, so, in each case, it will rely on the data entered by the participants, whether they are true or not, and will not be responsible for the consequences of such falsehoods or inaccuracies. The ORGANIZER is not responsible if the PRIZE is awarded to a winning participant who is not of legal age because they have hidden or falsified the personal data requested for their participation. In the event that the provided data, if any, belong to a third party, the participant guarantees that they have informed said third party of the aspects contained in these Bases and obtained their authorization to provide their data to the ORGANIZER for the indicated purposes. Any false communication of personal data will entitle the ORGANIZER to disqualify the winner and to be able to dispose of the corresponding PRIZE.
10.- OPERATION AND COMMUNICATIONS
In addition to the causes expressly indicated in these Bases, the ORGANIZER is not responsible for malfunctions and errors that may arise when participating in the PROMOTION, interruptions, deletion, or non-recording of entries. Likewise, the ORGANIZER is not responsible for any liability for damages of any kind that may be due to the temporary lack of availability or continuity of the operation of telecommunications networks or social networks. Nor will it be the responsibility of the ORGANIZER if, upon being notified of the winner of the PRIZE, they do not check their email address, do not access their account or profile on the social network, or if the email address provided is erroneous or incomplete, or if it has not been checked, has been deleted, or is configured in such a way that it classifies messages sent by the ORGANIZER as blocked messages or spam, restricting, deleting, or not downloading the messages or emails sent by the ORGANIZER.
The PRIZE of this PROMOTION is subject to the provisions contained in Law 35/2006, of November 28, on Personal Income Tax and partial amendment of the Laws on Corporation Tax, Non-Resident Income Tax, and Wealth Tax. The provisions contained in Royal Decree 439/2007, of March 30, which approves the current Regulations on Personal Income Tax, and other concordant provisions issued in its development, will also apply. Accordingly, it will be the responsibility of the promoter to make the withholding for personal income tax or to make the appropriate withholding, in those cases in which it is appropriate. In accordance with the aforementioned regulations, participants in this PROMOTION are informed that prizes awarded for participation in games, contests, raffles, or random combinations linked to the sale or promotion of goods or services are subject to withholding or payment on account of Personal Income Tax, provided that the value of the prize exceeds three hundred (300.00 €) euros. For clarifying purposes, the ORGANIZER will be obliged to make the corresponding withholdings or payment on account of Personal Income Tax when the value of the PRIZE exceeds three hundred (300.00 €) euros or another amount in accordance with the applicable regulations at all times. If the value of the PRIZE is lower than this amount, the ORGANIZER will not be obliged to make the corresponding withholdings or payment on account of Personal Income Tax, which does not exempt the winner from fulfilling their tax obligations.
12. RESPONSIBILITIES AND DISQUALIFICATION
The ORGANIZER reserves the right to disqualify all participants who act abusively and/or fraudulently, and any participants who deceive, conceal, or falsify participation data, use illegal practices to obtain profiles that join their chain such as spam, creation of fake profiles, fraudulent advertising, payment for participation, and any other actions that are considered to disrupt the proper functioning of the PROMOTION and the good faith of participation, as well as participants who fail to comply with any of the conditions of these Terms. The ORGANIZER also reserves the right to verify identity, to ensure that they are not fictitious or created specifically to participate in the PROMOTION and/or to make multiple entries in promotions, and the ORGANIZER, freely and upon any suspicion or indication, may disqualify these participants who carry out such practices.
For any questions or inquiries about the PROMOTION, participants and winners can contact the Carvajal Pardo SL team by sending a private message to the profile mentioned in point 8 of this document. As well as consulting the legal terms of the giveaway at the following link.
14. LEGISLATION AND JURISDICTION
These Terms of the PROMOTION are governed by Spanish law. Participants agree that any dispute that may arise from the interpretation or execution of the terms will be expressly submitted to the jurisdiction of the Courts and/or Tribunals of Palma de Mallorca, with a waiver of their own jurisdiction if they have any.