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ARTICLE 1 – ORGANIZING COMPANY
PENHALIGON’S LIMITED, with registered office at 1 Cathedral Piazza, SW1E 5BP London (United Kingdom) and Company Number 02110619 (the “Organizing Company”), is organizing from April 23rd 2020 until April 24th 2020, both inclusive, a contest named “Leave your review of The Favourite or Blenheim Bouquet” (the “Contest”).
ARTICLE 2 - PRINCIPLES AND METHODS OF THE CONTEST
Joining the Contest implies that the participant fully accepts the terms and conditions set forth in these regulations (the “Regulations”). Anyone breaching any articles of these Regulations will be prevented from participating in the Contest and will also become ineligible for any prize obtained, as the case may be.
The Regulations can be consulted in the website https://www.penhaligons.com/uk/en/terms-policy/terms-conditions (the “Website”) while the Contest is in force. The Organizing Company reserves the right to modify at any time the Regulations and to adopt all decisions which may consider relevant for the application and interpretation of the Regulations.
The Contest will be accessible 24 hours a day through Instagram (the "Web").
Conditions of participation:
Participation in the Contest is opened to any individual:
• 18 years old or over
• With access to internet
• Based in the UK
• With an Instagram account
It is excluded to any employee of the Organizing Company, or of PUIG companies group, and any person who directly or indirectly has participated in the design, execution and/or management of the Contest, as well as members of their immediate family (ascendant, descendant and collateral).
Participants not providing all requested data or inaccurate, false and/or incomplete data, as well as those failing to meet the conditions stated in these Regulations, will not be admitted.
Operating of the Contest:
To join the Contest, participants shall leave a review of either Blenheim Bouquet or The Favourite on the dedicated fragrance page on Penhaligons.com.
In order to do so they shall register themselves through the Website with name/surname, country, date of birth and email using their own devices. In their review, participants must include their Instagram handle, as the winner will be announced on @penhaligons_london Instagram story.
Among all the reviews duly uploaded to the Website during the term of the Contest, at its finalization, a jury composed by members of the Organizing Company will choose the two most creative reviews – one for The Favourite and one for Blenheim Bouquet. The winners will be announced on @penhaligons_london Instagram story, and will be contacted by Direct Message. The users who submitted these reviews will win one fragrance for which they left a review. The fragrance will be sent to the winners directly from the Penhaligon’s warehouse.
ARTICLE 3 - PRIZES
The prize for the winner will consist of one fragrance [either The Favourite or Blenheim Bouquet.]
The winner will have a term of ten (10) calendar days after the notification of the Organizing Company to confirm his/her acceptance to the prize by Instagram direct message. If after the term of ten (10) calendar days the winner does not confirm his/her acceptance, the Organizing Company may leave the prize void or choose another winner that will have the same term to accept the prize.
The prizes cannot be exchanged, modified nor exchanged for a financial compensation or equivalent. The Organizing Company reserves the right to replace the prize by another one of equal value without being subject to any claim or complaint.
In any event the Organizing Company shall not be held liable when the winner cannot obtain the prizes for circumstances not attributable to the Organizing Company.
The winner will have to evidence that is of legal age according to its place of residence regulation by providing a copy of his/her National Identity Card or passport in force should the Organizing Company requests it. If he/she is under of legal age according to its place of residence regulation, his/her participation in the Contest shall be automatically void.
ARTICLE 4 - LIABILITY
Joining the Contest implies awareness and acceptance of the characteristics, limits and risks of Internet. The Organizing Company shall not be held liable for malfunctions that may affect Internet, configuration problems or tied to a particular browser or to the Website.
The Organizing Company cannot be held liable for any damage caused to the participants, their computer equipment and/or the data stored therein.
The Organizing Company forbids participants to modify the format of the Contest by any means. In this regard, the Organizing Company reserves the right to enforce equal opportunities for participants, particularly by the courts or by any other means at your convenience.
Furthermore, any attempt to use the Contest outside the non-modified interface operating on the Website will be considered as an attempted fraud. Disintegration of the Contest, using of personal script or any other method meant to bypass the Contest as foreseen in these Regulations will also be considered as attempted fraud and will lead to the immediately elimination of the participant.
The Organizing Company reserves the right to cancel, delay, interrupt and/or postpone the Contest or to modify all or part of the modalities of the Regulations without incurring in any liability.
Access and, as the case may be, register of each participant to Facebook and/or Instagram (or the corresponding social network, as the case may be) is governed by the terms and conditions foreseen by each social network and, therefore, the Organizing Company shall not be held liable of any infringement to such terms and conditions caused by any participant.
It is expressly stated that Facebook and Instagram or any other social media platform do not promote, endorse or manage in any way the Contest and are not associated with it. Facebook and Instagram or the relevant social media platform are exonerated of all responsibility in relation to the Contest.
ARTICLE 5 - INTELLECTUAL PROPERTY AND IMAGE RIGHTS
Participants undertake not to upload Images that are not original and/or are not recorded / taken by them or that infringe law or rights of third parties (specially, copyrights, trademarks, and/or privacy, honour and image rights). For these purposes, each participant declares that he/she owns all the rights regarding the Images and, as the case may be, has obtained the relevant express consent of the people appearing in the Images for its free of charge spreading in any media and/or territory and for indefinite term.
The Organizing Company shall not be held liable, in any event, of the infringement of the above-referred obligations nor any damages and/or prejudices arisen from said infringement. Each participant recognizes that the Organizing Company has fully rights to assign the use of the Images in any form that the Organizing Company may consider, as well as for any commercial purpose related (including but not limited to, advertising, marketing, promotions, merchandising and/or exploitation of the Contest, wholly or in part).
Participants expressly authorize the Organizing Company and its licensors to reproduce, communicate or distribute, adapt, translate and transform the Images, for free, on the Organizing Company websites and official social networks including without limitation Organizing Company’s official ““Facebook”, “Instagram” and any other social networks accounts of the Organizing Company affiliates and/or subsidiaries; websites of authorized retailers and/or any social networks of any influencer authorized by the Organizing Company.
The participant is aware that the putting the Images on the social networks implies the application of the general usage conditions of said social networks, in particular, the right of sub-licensees attributed to the social networks and to the users of the social networks; The Organizing Company will in no event be liable for the reproduction, processing, exploitation and conservation of the Images or of a part of the Images by social networks or by social networks’ users according to the general usage conditions of the social networks. The Organizing Company cannot be held responsible for the reproduction, processing, exploitation and conservation by social networks’ users in the general usage conditions of the social networks of the Images throughout the Contest term and after its expiry. For the sake of clarity, the participants hereto acknowledge and agree that the Organizing Company shall not in any event be responsible for deleting/removing the Images uploaded during the term of the Contest on the social networks.
Likewise, without prejudice to the terms and conditions of the corresponding social network (e.g. Facebook and Instagram), each participant authorizes the other participants and/or any third party related to the Contest to access and view for free the Images.
In any event, the Organizing Company is entitled to remove any Image, without obligation to give prior notice to the participant, when it considers that the Image infringes any law, rights of third parties and/or it is not adapted to the Contest’s nature and/or the image and reputation of the Organizing Company, its licensors and/or its products. The Organizing Company shall be entitled to deny and refuse any Image unilaterally considered that is racist, sexist, violent or inappropriate in general.
The Organizing Company and its licensors shall not be held liable for the improper and/or fraudulent use of the Image or modifications and/or alterations of the Image made by any third parties.
ARTICLE 6 – PERSONAL DATA AND COOKIES
The personal data provided by each participant within the Contest will be included into a file owned by PENHALIGON’S LIMITED, with the purpose of managing the Contest, as well as to send commercial and/or promotional information.
The personal data provided by the participants will be kept for a period of 1 years after the termination of the Contest. The legal basis for data processing is the consent of the users who provides it by accepting this Regulation. It will be necessary for the participant to fill in the fields marked as "mandatory" in the corresponding form. Failure to provide all personal data required by PENHALIGON’S LIMITED could imply incomplete attention to the requested application.
The data may be communicated to other companies of the PENHALIGON’S and PUIG GROUP for the same purposes above referred, to a travel agency for the travel arrangements and to a public Notary who, if appropriate, organizes the draw.
The participants can exercise their rights of access to personal data, as well as request the rectification of inaccurate data or, where appropriate, request its deletion when the data is no longer necessary for the purposes that were collected, the limitation, portability and opposition of their data, in certain circumstances and for reasons related to their particular situation.
The users may exercise the rights above referred, under the terms and conditions provided in the law in force, at the registered office of PENHALIGON’S or request it by email to [email protected] (ref. Contest “Leave your review of The Favourite or Blenheim Bouquet”). In the event that the users do not obtain a satisfactory answer and wish to make a claim or obtain more information about any of these rights, they can go to the Information Commissioner’s Office (www.ico.org.uk).
ARTICLE 7 – CLAIMS AND APPLICABLE LAW
To attend any potential claim regarding the Contest they must be submitted in writing to PENHALIGON’S LIMITED, 123 Victoria Street, 1 Cathedral Piazza, SW1E 5BP London or by e-mail to [email protected] (ref. Claim – Contest “Leave your review of The Favourite or Blenheim Bouquet”), no later than one month after the deadline for joining the Contest.
In the case of dispute on the application or interpretation of these rules and in absence of an amicable agreement, all litigation will be subject to the Courts of Law of England and Wales.
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