1.     Organizing company and purpose of the GIVEAWAY.

 

MIKE STUDIOS, S.L., with registered office at calle Cardero, 11, 06800, Mérida (Badajoz), tax identification number (CIF) B10815694 (hereinafter, the “Organizer”), makes available to participants the terms and conditions governing the referenced giveaway (hereinafter, the “Giveaway”).

 

 

2.     Duration and territorial scope of the GIVEAWAY.

 

The entry period for the Giveaway will begin on July 29, 2024, at 18:00 CET and end on August 2, 2024, at 14:00 CET. No further entries will be accepted after that time.

 

The campaign of which the Giveaway forms part and, therefore, the provisions of these Terms and Conditions, will remain in effect on the dates and at the times indicated.

 

The Organizer reserves the right to suspend, postpone, cancel or modify the duration of the Giveaway at any time before it ends, for justified reasons that will be published on the communication channels through which the Giveaway is organized and announced, as well as on any social media profiles owned by the Organizer that it may use for this purpose.

 

All persons who meet the requirements set out in these Terms and Conditions may enter free of charge (except for any costs associated with connecting to the Internet).

 

 

3.     Requirements for participation IN THE GIVEAWAY.

 

To enter the Giveaway, participants must meet the following requirements:

 

• Be a natural person.
• Be at least eighteen (18) years old.
• Be a resident of a member country of the EU.
• Have an account on any of the following social media platforms: INSTAGRAM AND WHATSAPP
• Follow the procedure established by the Organizer in full and without exception.

 

Entry into the Giveaway is completely free, with no costs or additional charges associated with participation, except for the purchase of a product.

 

To ensure the independence of the Giveaway and the transparency of its administration, members of the management team, employees of the Organizer, and any direct or indirect collaborators and/or subcontractors who have participated in developing the Giveaway or any of its elements currently or during the Giveaway, as well as their relatives up to the second degree of kinship, may not enter the Giveaway and, if they do, may not under any circumstances win it.

 

Persons who do not meet each and every one of the above requirements may not enter the Giveaway. If a person who does not meet all the requirements detailed in this clause is selected as a winner, they will be excluded from the Giveaway and forfeit their right to receive the prize won.

 

The Organizer reserves the right to refuse entry to or disqualify any user who in any way hinders or impedes the proper running of the Giveaway and/or engages in conduct that may be considered abusive or contrary to good faith and the principles of independence, impartiality and/or objectivity in determining the Giveaway outcome.

 

Entering the Giveaway constitutes acceptance of each and every condition set out in these Terms and Conditions and of the announcement of the winner(s) once the Giveaway has ended.

 

 

4.     How the GIVEAWAY works.

 

4.1     Entering the GIVEAWAY.

 

To enter* the Giveaway, users must complete the following procedure in full.

 

1.- Join the WhatsApp group before the day of the GIVEAWAY.

 

*The Organizer will only consider entries from users who expressly meet all the requirements set out in these Terms and Conditions.

 

4.2     Conditions of entry to the GIVEAWAY.

 

Although no limits have been placed on the number of entries users may submit, if the Organizer detects or has sufficient reason to believe, by any means or technical method, that a person has entered the Giveaway by impersonating another person, posing as multiple users, or otherwise breaching any provision of these Terms and Conditions, that user will be automatically removed and disqualified.

 

 

5.     Selecting the WINNER.

 

Once the entry period expressly established in these Terms and Conditions has ended, the Organizer will select the winner from among all participants who meet the requirements expressly set out in these Terms and Conditions and have correctly completed all the required procedures, using a random selection platform (hereinafter, the “Winner”).

 

In all cases, only participants who meet all the requirements expressly set out in these Terms and Conditions will be included in the winner selection process.

 

The Winner will be selected on August 2, 2024, and subsequently announced via Instagram Stories, email and WhatsApp. The Organizer reserves the right to delay the selection and/or announcement of the Winner if it deems this necessary for internal organizational reasons.

 

The Organizer will deliver the prize to the Winner within 48 hours of notifying them by email and phone.

 

The Organizer will notify the Winner personally by email and phone. The Winner will also be announced on the Organizer’s official social media accounts.

 

If the Winner does not respond within 48 hours of being notified by the Organizer or declines the prize, they will be deemed to have expressly forfeited the prize, and a new Winner will be selected using the same method described above. If the next person selected does not respond within a further 48 hours of being notified of the prize, the Organizer reserves the right to decide what to do with it, including leaving it unawarded or selecting a new Winner as many times as it deems appropriate.

 

The Organizer will then inform the Winner how the prize will be delivered and provide all relevant details.

 

In no event will the Organizer be liable if any personal details provided by the Winner are false or, if required to identify them and/or notify them of the prize, are incorrect and therefore make such notification or identification impossible.

 

 

6.     Description of the PRIZE.

 

• One complete “Harry’s 1982” look, valued at over €250.

 

7.     Tax obligations.

 

All applicable tax provisions under current Spanish law will apply to the prizes in this Giveaway.

 

 

8.     Data protection. Informed consent.

 

8.1. PARTICIPATION IN THE PROMOTION.

 

Any personal data that a user may provide as part of their participation in the Giveaway will be processed in accordance with the provisions of this data protection clause. Further information is available in the Organizer’s Privacy Policy (https://harrys1982.com/policies/privacy-policy). In this regard, the participant gives their free, specific, express and unambiguous consent to the processing of their data for the purposes set out below.

 

By entering this promotion, the data subject agrees that the Organizer may process their data for the following purposes:

 

• Managing their entry into the Giveaway, administering it, selecting the winner(s) and delivering the prize.

 

• Sending the Participant commercial communications from the Organizer, if the Participant authorizes this by ticking the relevant box.

 

• Any purposes expressly accepted by the Participant.

 

 

The data will be retained for as long as necessary to fulfill the purposes for which it was collected, unless the Participant requests that it be deleted or withdraws their consent.

 

8.2. OBLIGATION TO PROVIDE DATA.

 

The requested data is mandatory (unless otherwise indicated in the relevant field) in order to fulfill the stated purposes.

 

Therefore, if the data is not provided or is provided incorrectly, the user will not be able to enter this Giveaway.

 

8.3. LAWFUL BASIS FOR PROCESSING.

 

The Participant’s data is processed on the basis of the consent requested from them, which they may withdraw at any time. However, withdrawing consent will not affect the lawfulness of any processing carried out before its withdrawal.

 

8.4. DISCLOSURE OF DATA.

 

By accepting these Terms and Conditions, and unless otherwise indicated, the data subject consents to their personal data, specifically their first name, last name and image, being included in the list of winners, which may be published on the Organizer’s social media accounts.

 

Additionally, if the Participant authorizes this, their data may be disclosed to the following entities:

 

• Public authorities where required by law.

 

 

8.5. PARTICIPANT’S RESPONSIBILITY.

 

The Participant warrants that any data provided is true, accurate, complete and up to date, and is responsible for any direct or indirect loss or damage that may arise from failure to comply with this obligation. If any data provided belongs to a third party, the Participant warrants that they have informed that third party of the matters set out in these Terms and Conditions and obtained their authorization to provide their data to the Organizer for the stated purposes.

 

8.6. PARTICIPANT’S RIGHTS.

 

The Participant has the right to:

 

• Withdraw the consent they have given.
• Access their personal data.
• Rectify inaccurate or incomplete data.
• Request the erasure of their data when, among other reasons, it is no longer necessary for the purposes for which it was collected.
• Obtain from the Organizer restriction of the processing of their data if any of the conditions set out in the data protection regulations are met.
• Request the portability of their data.
• Object to the processing of their data.
• Contact the Organizer in accordance with its Privacy Policy (https://harrys1982.com/policies/privacy-policy).
• Lodge a complaint with the Spanish Data Protection Agency via www.agpd.es if the data subject believes that the Organizer has infringed the rights afforded to them under applicable data protection regulations.

 

 

9.     LIABILITY AND WARRANTIES.

 

The Organizer and any entities associated with this Giveaway are not responsible for any loss, damage, delay or other circumstances attributable to third parties or the Internet that may affect participation in this Giveaway.

 

Likewise, the Organizer does not guarantee the availability, continuity or uninterrupted operation of the Internet platform used to run the Giveaway and, consequently, to the fullest extent permitted by applicable law, disclaims any liability for losses or damages of any kind that may arise from the unavailability, interruption or malfunction of that platform, which could affect or prevent participation in this Giveaway and/or its proper administration.

 

If the unavailability of the platform on which the Giveaway is run affects more than 25% of the time expressly allocated to it, the Organizer reserves the right to cancel and rerun the Giveaway. In that case, all entries submitted up to that point may be voided and will not be carried over to the rerun.

 

Although the Organizer undertakes to duly fulfill its obligations as organizer, as set out in these Terms and Conditions, it will not be liable for participants’ misuse of the Internet platform; errors in content or data provided by them, or failed attempts to access that platform or information relating to the Giveaway; errors or technical failures that may occur when processing entries; or any loss or damage the Winner may suffer as a result of entering this Giveaway or using the Prize, except insofar as it is liable for its own products in relation to consumers and users.

 

In all cases, if the Winner is found to have engaged in fraud or dishonest conduct, the Organizer reserves the right to disqualify them or withhold the Prize. The Organizer also reserves the right to remove any participating user suspected of irregular conduct from the records, without having to notify them.

 

Any abusive or fraudulent use of these Rules by participating users will result in their automatic disqualification.

 

By participating in the Prize Draw, participants confirm that they have read and accepted this disclaimer and the Rules governing the Prize Draw.

 

 

10.  amendment and/or cancellation.

 

In any event, the Organizer reserves the right to amend the terms and conditions of this Prize Draw at any time, and will announce any such amendment through the channels used to conduct the Prize Draw, without assuming any liability for such amendment or for any force majeure event or circumstances beyond the control of the organizing entity. The Organizer undertakes to give sufficient advance notice of the new rules and terms of participation.

 

Likewise, provided there is a justified and duly substantiated reason, the Organizer reserves the right to cancel the Prize Draw. In such a case, and provided that the period expressly established in these Rules has not yet ended, the Organizer does not undertake to award the expressly stated Prize.

 

If the Prize Draw period has ended before the cancellation, the Organizer undertakes to award the expressly stated Prize in accordance with the specified terms and conditions. However, the foregoing shall not apply if the Prize Draw is cancelled due to force majeure or circumstances beyond the Organizer’s control, in which case the Organizer shall not be required to award the stated Prize.

 

The Organizer reserves the right to make changes that contribute to the successful completion of the Prize Draw where just cause or force majeure prevents it from being conducted in the manner set out in these Rules. The Organizer reserves the right to postpone or extend the Prize Draw participation period.

 

The Organizer reserves the right to cancel, suspend and/or amend this Prize Draw, change or vary any of its terms or requirements and/or these Rules, and replace the Prize or any part thereof with a different prize. In all of the above cases, users will be notified in advance through the aforementioned websites or social media pages.

 

 

11.  severability clause.

 

All clauses and provisions of these Rules shall be interpreted independently and separately, and the remaining provisions shall not be affected if any one of them is declared null and void by a final court judgment.

 

The Organizer shall replace the affected clause or clauses with one or more clauses that achieve the purposes intended by the parties under these Rules.

 

 

12.  applicable law and dispute resolution.

 

The applicable regulations shall determine the laws governing and the jurisdiction competent to hear disputes arising from the relationship between the Organizer and participants in the Prize Draw. However, where such regulations permit the parties to submit to a particular jurisdiction, the Organizer and participating users, expressly waiving any other jurisdiction that may apply, submit to Spanish law and the Courts and Tribunals of Mérida.