CHRISTMAS 2022 GIVEAWAY – TERMS AND CONDITIONS

1. Organiser identification

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 called “CHRISTMAS 2022 GIVEAWAY” (hereinafter “GIVEAWAY”), which will be governed by the following Terms and Conditions (hereinafter “Terms and Conditions”).

2. The temporal and territorial scope of the Giveaway 

The Prize Draw will start on Thursday, 1 December at 10:00 (CET) and will end on Monday, 5 December at 23:59 (CET), both inclusive (hereinafter referred to as the “Time Period”).

The Prize Draw will take place within the European Union and the United Kingdom (except Spain, France, Italy and Portugal).

3. Eligibility to enter

The Prize Draw is open to entrants over 18 years of age residing in Europe and the United Kingdom.

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, may not enter the Prize Draw.

If the winner does not meet the requirements of the Terms and Conditions, or the data provided to enter were not valid, their entry will be considered null and void, and they will be automatically excluded from the Giveaway, losing their right to obtain the prize, which will be assigned to the next person selected using the procedure set out in section 7 of these Terms and Conditions.

If the Giveaway is based on the comments of the entrants, those comments or opinions whose content is considered inappropriate, offensive, insulting, discriminatory or that could infringe the rights of third parties will not be allowed. Comments against an individual that violate the principles of the right to honour, to personal and family privacy and to one’s own image will not be allowed.

4. Free entry

This Prize Draw is free to enter.

5. Mechanics of the Giveaway

Those wishing to enter into the Prize Draw must visit the FRESHLY COSMETICS website: www.freshlycosmetics.com/es/cesta-navidena-freshly and sign up for the Prize Draw. Only one entry per entrant will be accepted. If fraudulent entries are detected, they will be automatically excluded from the Prize Draw.

Entering the Prize Draw implies the express and unreserved acceptance of these Terms and Conditions, which will be available at the time of signing up for the Prize Draw.

All non-winning entrants agree to receive a thank you email from Freshly, which may include, at Freshly’s discretion, a coupon or limited-time discount for entering the Prize Draw.

6. The prize

The prize consists of a product set containing all Freshly Cosmetics products (WOW products are exempt from the Prize Draw and only those product shades and colours mentioned shall be included): Azelaic Radiance Face Treatment, Blue Radiance Enzymatic Serum, Green Vitamin Concentrate Serum, Healthy Protection Facial Sunscreen, Hyper-Concentrate Eye Contour Serum, Omega Rich Well Ageing Cream, Peony Limitless Eyelash Serum, Red Velvet Oil Serum, Phoenix Aura Well-Ageing Serum, Sunrise Radiance Bronzing Serum, Lotus Radiance Darkspot Treatment, Vitamin D Skin Booster, Hair Growth & Density Treatment, Bronzing Radiance Self-Tanning Cream, Glow Edition Body Oil, Healthy Protection Body Sunscreen, Bloom Orchid Face Cream, Pacific Ocean Moisturising Gel, Radiant Glow Primer Serum, Azelaic Active Body Treatment, Golden Light Body Oil, Body Flame Firming Cream, Golden Radiance Body Oil (Standard), Hyaluronic Energy Body Serum (Standard), Emerald Clay Facial Mask, Mineral Eyeshadow Palette, Vegan Hero All-purpose Balm, Dream Peach Body Oil, Healthy Bronzing Loose Powder, Magic Finishing Loose Powder, Radiant Curls Oil Serum, Rose Quartz Facial Cleanser (Standard), Kids Protection Sunscreen (Standard), Infinite Eyelash Mascara, Natural Glowy Highlighter, Temptation Cream Eyeshadow, Exfoliating Rose Facial Cleanser, Dreamy Shine Liquid Eyeshadow, Fresh Papaya Hair Detangler, Silky Passion Cleansing Oil, Pure Mineral Compact Blush (Coral Veil), Freshly Fan’s Bag, Anti Frizz Repairing Conditioner (Standard), Hair Radiance Keratin Spray (Standard), Biodegradable Raspberry Body Scrub, Happy Avocado Diaper Cream, Sweet Apple Body Cream (Standard), Calming Sunflower Face Cream, Natural Hair Conditioner Spray for dogs, Curly Vibes Defining Cream, Instant Radiance Lip Gloss, Nebula Stick (White Cloud), Perfect Defining Eyebrow Gel (Clear), Face Beauty Brush, Fresh Green Micellar Water, Lime Purifying Facial Toner, Bamboo Brush for pets, Vibrant Refreshing Shampoo (Standard), Smiling Kiwi Mild Shampoo (Standard), Citrus Care Deodorising Shampoo for dogs, Reusable Glass Water Bottle, Reusable Organic Cotton Pads, Flat Eyeshadow Brush, Blending Eyeshadow Brush, Shampoo SolidPod Refill, Citrus Nourishing Shower Gel (Standard), Funny Aloe Nourishing Gel (Standard), Pro-Repair Jojoba Hand Treatment, Tote Bag Planet First, Deep Nourish Lip Balm, Shower Gel SolidPod Refill, Pure Freshness Toothpaste, SolidPod Case (Coral), SolidPod Case (Mint), SolidPod Case (Black), Instant Fresh Hand Sanitiser, Blueberry Konjac Face Sponge, Soft Konjac Kids Sponge, Pure Freshness Toothbrush (Yellow), Pure Freshness Toothbrush (Blue), Pure Freshness Toothbrush (Coral), Pure Freshness Toothbrush (Orange), Pure Freshness Toothbrush (Green), Fresh Berry Toothbrush. The value of the prize is €1,562.51.

Delivery of these products is subject to the Delivery Terms and Conditions.

7. Selecting winners

There will be 10 winners. The winners will be chosen automatically and randomly using the random.org platform from among all those who have entered the Prize Draw.

8. Winner announcement

FRESHLY COSMETICS will notify the winner on 6 December 2022 via the email address provided by the winner when signing up. Entrants are recommended to check junk or spam folders to make sure that our email has not reached said folder.

The winner will have a period of FIVE (5) calendar days from said notification to accept the prize, which must be confirmed by replying to said notification.

If the winner does not respond within the period indicated to accept the prize, or if he/she does not comply with these Terms and Conditions, or rejects the prize, the winner will be disqualified and the prize will be assigned to the next person selected using the procedure set out in section 7 of these Terms and Conditions.

9. Intellectual Property and Transfer of Image Rights

By accepting these Terms and Conditions, Prize Draw entrants are expressing consent to using and disseminating their name and surname on the FRESHLY COSMETICS website and social networks, to reproducing them and using them in relation to any promotional activity related to the Prize Draw, for ONE (1) year from the start of the Prize Draw, in any medium (including but not limited to exploitation via the Internet and social networks) without such use conferring any right to any remuneration or benefit whatsoever, with the exception of the prize won in accordance with these Terms and Conditions.

10. Data protection

The personal data that may be required from Prize Draw entrants and, where applicable, from the winners, is necessary to manage their entering into the Prize Draw and, where applicable, to deliver the prize.

The personal data of the entrants 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 Giveaway, notifying the winner, awarding the prize and thanking them for their entry.

Once the Giveaway has ended, FRESHLY COSMETICS will only keep the data of those entrants who, at the time of entering, have given their express consent, by ticking a box provided for this purpose, so that FRESHLY COSMETICS can include their data into a file for the purpose of sending them newsletters and communications with commercial information, special content, relevant tips on the operation of the system and promotions. The data of the remaining entrants will be deleted from the FRESHLY COSMETICS processing systems once the Giveaway has ended, without prejudice to the possibility of retaining it, limiting its processing to the exercise and defence of claims, under the terms provided for by the applicable legislation.

Entrants who have consented to the sending of these newsletters and communications may opt out of such communications under the terms provided for in Law 34/2002, of 11 July, on Information Society Services, and 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.

Entrants’ 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.

Giveaway entrants may exercise their rights of access, rectification, cancellation, deletion, data portability, objection and/or not to be subject to automated decision-making by sending an email to the following address: [email protected] Read our Privacy and Data Protection Policy here: Privacy and Data Protection

11. Tax issues

The prize of this draw constitutes a capital gain subject to the applicable regulations of Personal Income Tax, Non-Resident Income Tax and other legal texts on tax matters at the time of obtaining the prize. 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 their payment.

12. Reservations and limitations

FRESHLY COSMETICS is exonerated from all liability in the event of malfunctioning of the electronic communication networks that prevent the Giveaway from taking place as normal for reasons beyond the Company’s control and, in particular, for external acts of bad faith.

Any abusive or fraudulent use of the entry forms by an entrant will lead to his/her disqualification from the Prize Draw. Abusive or fraudulent use will be understood, by way of example but not limitation, to be when an entrant identifies themselves using a false identity or the identities of third parties without their consent.

FRESHLY COSMETICS is not responsible for the entrant’s use of the prize obtained from the giveaway.

FRESHLY COSMETICS is not responsible for any loss, damage, delay or any other circumstance attributable to third parties that may affect entering the Giveaway.

FRESHLY COSMETICS reserves the right to exchange items included in the Giveaway for others of equal value, when there is just cause.

FRESHLY COSMETICS reserves the right to modify or extend these Terms and Conditions, to the extent that it does not prejudice or undermine the rights of the entrants.

This Prize Draw may be extended or suspended in cases of force majeure.

13. Applicable law and jurisdiction

These Terms and Conditions are governed by Spanish law.

In order to resolve any litigation, discrepancy, question or claim resulting from the execution or interpretation of these Terms and Conditions, the Parties expressly submit themselves to the jurisdiction of the Courts and Tribunals of Reus, expressly waiving any other jurisdiction that they may be entitled to.