LEGAL RULES OF THE "Freshly Club - Fruit Travel Sweepstakes"
1. Identification of the Organiser
FRESHLY COSMETICS, S.L., with registered office at Calle Nicaragua 36, Reus (CP 43204) and C.I.F. no. B- 55666143, is organising this prize draw entitled "Freshly Club - Fruit Travel Draw" (hereinafter, the "Prize Draw"), which will be governed by the following Legal Bases (hereinafter, the "Legal Bases").
2. Temporal and territorial scope of the Promotion
The prize draw will begin at 12 noon on 12 June 2023 and will end at 1 p.m. on 12 June 2023, both inclusive (hereinafter, the "Period of Validity").
3. Eligibility
The prize draw is open to all Freshly Club members who are members of the Freshly Club and are at level 5, Fruit.
Employees of FRESHLY COSMETICS, S.L., or of the companies involved in carrying out the prize draw, or their direct relatives up to the second degree of consanguinity or affinity, are not eligible to participate in the prize draw.
In the event that any of the persons excluded from participation for not complying with the requirements of the Legal Bases, or the data provided to participate were not valid, their participation will be considered null and void and they will be automatically excluded.
4. Free of charge
Participation in this prize draw is free of charge.
5. Validity of participation in the prize draw
In order to be eligible to participate in the prize draw, the participant must be a member of the Freshly Club and be at level 5, Fruit.
If fraudulent entries are detected, they will be directly discarded.
Participation implies express and unreserved acceptance of these terms and conditions.
All non-winning entrants to the Promotion agree to receive a thank you email from Freshly, which may include, at Freshly's discretion, a coupon or temporary discount for participating in the Promotion.
6. Prize
The prize consists of a 2-night break for 2 people at Camping de Prades, Spa and Wellness Prades Park.
The prize includes: transfer, Bed and Breakfast, Thermal Circuit and Gastronomic Experience.
Specifications:
The gift voucher is non-transferable
The gift voucher cannot be used during Easter, August, bank holidays or public holidays.
Deadline for the getaway: 31 May 2024.
The total value of the prize is €350 (but this does not include transport).
7. Choice of winner
There will be a total of 1 winner. The winner will be chosen by means of a prize draw via the Easypromos platform among all participants.
8. Communication of the winner
On the 12th at 13h FRESHLY COSMETICS will announce the winner and communicate via email.
The winner will have a period of FIVE (5) calendar days from said communication to accept the prize, which must be confirmed by responding to said communication.
In the event that the winner does not respond within the period indicated to accept the prize, or if he/she does not comply with these Legal Bases, or rejects the prize, the winner will be disqualified and the prize will be assigned to the next person selected by means of the procedure set out in section 7 of these Legal Bases.
9. Intellectual Property and Assignment of Image Rights
The acceptance of these Legal Bases by the participants in the draw entails their express consent to the use and dissemination of their name and surname on the FRESHLY COSMETICS website and social networks, to reproduce them and use them in relation to any promotional activity related to the Promotion, without such use conferring them any right to any remuneration or benefit, with the exception of the prize won in accordance with these Legal Bases.
10. Data protection
The personal data that may be required from the participants in the prize draw and, where applicable, the winners, are necessary to manage their participation in the prize draw and, where applicable, for the delivery of the prize.
The personal data of the participants or winners that FRESHLY may require, if applicable, will be included in a file owned by FRESHLY COSMETICS, S.L., for the sole purpose of managing this Promotion, communicating and assigning the prize and thanking them for their participation.
Once the Promotion has ended, FRESHLY COSMETICS will only keep the data of those participants who, at the time of participating, have given their express consent, by ticking a box provided for this purpose, so that FRESHLY COSMETICS can incorporate their data into a file for the purpose of sending them newsletters and communications with commercial information, outstanding content, relevant tips on the operation of the system and promotions. The data of the remaining participants will be deleted from the FRESHLY COSMETICS processing systems once the Promotion has ended, without prejudice to the possibility of retaining them, limiting their processing to the exercise and defence of claims, in the terms provided for by the applicable legislation.
Participants who have consented to the sending of these newsletters and communications will have the possibility of requesting the cessation of such mailings under the terms provided in Law 34/2002, of 11 July, on Information Society Services, and to revoke their consent unilaterally, also at any time, by sending an email to the following address: [email protected] or unsubscribing directly at the bottom of the newsletters sent in the unsubscribe section.
Participants' personal data will be processed in accordance with the provisions of the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data) and the FRESHLY COSMETICS Privacy Policy.
Participants in the Promotion may exercise their rights of access, rectification, cancellation, oblivion, portability, opposition and/or systematic non-profiling by sending an email to the following address: [email protected]. Please see our Privacy and Data Protection Policy here: www.freshlycosmetics.com/es/politica-privacidad.
11. Tax issues
The prize of this promotion will be subject to the regulations on Personal Income Tax, Non-Resident Income Tax and other legal texts on tax matters. In this sense, the winning of a prize of this type could constitute a capital gain for the winner for Personal Income Tax purposes, as it gives rise to a variation in the value of his or her assets due to an alteration in their composition. The winner of the prize will be subject to compliance with all tax obligations established by the applicable legislation in force, where applicable, and will be solely responsible for the payment thereof.
12. Reservations and limitations
FRESHLY COSMETICS is exonerated from all liability in the event of malfunctioning of the electronic communication networks that prevent the normal development of the Promotion for reasons beyond the Company's control and, in particular, for external acts of bad faith.
Any abusive or fraudulent use of the forms or participation systems by a participant will lead to his/her disqualification from the Promotion. It will be understood, by way of example but not limitation, that there is abusive or fraudulent use when a participant identifies themselves using a false identity or identities of third parties without their consent.
FRESHLY COSMETICS is not responsible for the use made by the participant with respect to the prize obtained from the promotion.
FRESHLY COSMETICS is not responsible for any loss, damage, delay or any other circumstance attributable to third parties that may affect participation in the Promotion.
FRESHLY COSMETICS reserves the right to exchange the prize elements of the Promotion for others of equal value, when there is just cause.
FRESHLY COSMETICS reserves the right to modify or extend these promotional rules, to the extent that it does not prejudice or undermine the rights of the participants.
This Promotion may be extended or suspended with due justification from Freshly Cosmetics and in cases of force majeure. In any case, FRESHLY COSMETICS will communicate this in the same medium in which the Promotion has been communicated.
13. Applicable law and jurisdiction
These Legal Bases are governed by Spanish law.
To resolve any litigation, discrepancy, question or claim resulting from the execution or interpretation of these Legal Bases, the Parties expressly submit to the jurisdiction of the Courts and Tribunals of Reus, expressly waiving any other jurisdiction that may correspond to them.