Legal Bases Instagram Giveaway
1. Company organizing the draw
The organizing entity of this draw is the company Tomas Colomer SL , a company with NIF B08096901. Located at Portal de l'Angel 7, 08002 Barcelona.
2.Objeto of the draw
The object of this promotion is the promotional delivery of two bracelets through its official Instagram profile ( https://www.instagram.com/tomas_colomer/ ).
3.Geographic scope and participants
All natural persons, residents of Spain (Peninsula, Balearic Islands and Canary Islands), over 18 years of age, may participate in the promotion.
4. Free
This promotional campaign is free of charge, so participation and obtaining prizes does not imply any cost for the participants.
5.Duraci
The promotion will start on April 30, 2021 and will end on April 6 at 11:59 p.m. (CET), on our official Instagram profile.
6. Prize
Two IXXXI bracelets will be raffled among all users who meet the conditions explained in the mechanics.
7. Promotion mechanics
7.A.-Participaci : Users will be able to participate in the official profile of Tomas Colomer on his Instagram profile in Spain ( https://www.instagram.com/tomas_colomer/ ). To participate in the promotion, interested parties must:
- 1. Access the official profile of Tomas Colomer on Instagram ( https://www.instagram.com/tomas_colomer/ ).
- 2. On April 30, 2021, Tomas Colomer will publish on his official Instagram profile an image and a text that will explain the mechanics of the Action.
- 3. To participate, the user must be a follower of our official profile on Tomas Colomer's Instagram or become a new one if they are not already. You must continue to be a follower until the moment of the draw.
- 4. You must mention at least two personal accounts in the comments.
- 5. You can participate with as many comments as you want.
- 6. The simple fact of being a follower of Tomas Colomer's profile on Instagram, and having commented mentioning two accounts in the publication announcing the draw, will mean acceptance of these rules.
6.B.- Dissemination: The simple fact of following Tomas Colomer's Instagram profile ( https://www.instagram.com/tomas_colomer/ ) implies the express acceptance of these rules by the participants and they authorize the dissemination publicly your participation in the giveaway, including your username and profile photo of the participating account. Said dissemination may be carried out on their official profiles on Social Networks, website or other physical formats, authorizing Tomas Colomer to disclose or publish his participation in the draw.
6.C-Selecci Winner selection: Once the promotion ends, on April 6, 2021, Tomas Colomer will use the application https://www.easypromosapp.com/es/ to choose the winners randomly, among all participants who meet the requirements to participate in the promotion. If the winners selected by the application do not meet all the requirements described in section 6A of these rules, a new winner will be chosen through the same application https://www.easypromosapp.com/es/ .
8. ANNOUNCEMENT OF THE WINNERS
8.1 Once the winner selection event is completed, on April 6, 2021, the bracelet winners will be published on the official Instagram account, contacting them through their Instagram profile by private message.
8.2 To accept the prize, the winners must send a private message on the social network Instagram to Tomas Colomer indicating their full name, ID, delivery address and email.
8.3 Tomas Colomer will contact the winners through a private message on the social network, requesting additional data for the correct management of the prize and verification of their identity and age of majority (scanned ID).
8.4 If within seven calendar days the winner has not contacted Tomas Colomer to accept the prize, said prize would be awarded to a new winner obtained through the tool https://www.easypromosapp.com/es/ and so on.
9. Exclusion. Tomas Colomer reserves the right to exclude those participants who make fraudulent use of the means of participation. The following people will not be able to participate in the promotion and, therefore, become winners:
a) Employees of group companies are excluded from participating in the draw.
b) Tomas Colomer reserves the right to eliminate and/or retain the participation of any user who defrauds, alters or disables the proper functioning and the normal and regulatory course of this Promotion, or who violates the general contracting conditions of Instagram.
In this way, it will be understood, without limitation and without limitation, that fraud occurs when: a) the user provides false or incomplete data.
b) any type of computer program is used or developed that facilitates the alteration, modification or ripping of the computer programs that govern the operation of the promotions.
c) the conditions of use ( https://help.instagram.com/478745558852511 ) or the principles of the community ( https://help.instagram.com/477434105621119/ ) of the Instagram platform are violated.
Tomas Colomer intends for all users to compete on equal terms in each of the promotions and with strict respect for the rules of good faith. Therefore, any abusive or fraudulent use of these Terms will result in the disqualification of the participant from the promotion.
10. - Personal data, authorization and intellectual property
The participants consent to the processing of their personal data by the mere fact of participating in the draw, with the consent of participating in this draw being the basis for legitimizing the treatments.
The personal data provided must be true, current and personal.
Responsible for the Treatment: The entity co-responsible for the processing of personal data is Tomas Colomer SL and contact email eshop@ tomascolomer.com and Pixel Comunicación SL and contact email hola@ elemaildepixel.com
Purposes and legitimacy: The personal data that participants provide to participate in the draw, as well as those that may be generated in the future or to obtain/enjoy the prize, will be processed, based on their consent, for the following purposes:
(i) Be able to carry out the maintenance, compliance, development and management of this GIVEAWAY;
(ii) Contact the winners and publish their username on the Tomas Colomer account/profile on Instagram as winners of the draw, include their name and image on the network of web pages and social networks of Tomas Colomer as well as in notes/ press releases and/or in any advertising or promotional material prepared by Tomas Colomer; verification of compliance with the conditions to be a participant and winner; hand out the prizes; comply with tax obligations.
The personal data of the participant and third parties included in their photographs/videos/texts of participation in the promotion will also be processed for publication in the media used by Tomas Colomer, social networks and web pages to publicize the promotion. promotion.
If you do not agree to the processing of your personal data for this commercial and promotional purpose, please refrain from continuing the process of participating in the promotion.
The participants and winners consent to the processing of personal data described by the mere fact of participating in the draw, with the consent of participating in this draw being the basis for legitimizing the treatments.
The personal data provided must be true, current and personal.
Recipients: No data will be transferred to third parties except legal obligation.
Conservation period: Participation data will be processed until this draw ends
Rights: You can exercise your rights of access, rectification, deletion, limitation, opposition and portability, by sending a copy of your ID by sending an email to the email address: tomascolomer.com and you can oppose the receipt of communications commercial by electronic means by sending an email with the word “UNSUBSCRIBE” in the subject to the address: tomascolomer.com
Any claim regarding the processing of your data must be submitted to the Spanish Data Protection Agency C/ Jorge Juan, 6, 28001 Madrid ( www.agpd.es ).
Additional Information: You can consult additional and detailed information on personal data protection in the link “Privacy Policy”
11. - Other applicable considerations
11.1.- Identification: The identity of the participants and winners will be accredited exclusively through official documents ( DNI or passport).
11.2.- Right of exclusion: Tomas Colomer reserves the right to justifiably eliminate any user who defrauds, alters or disables the proper functioning and normal and regulatory course of this promotion.
11.3.-Limitaci of liability:
a) Tomas Colomer is not responsible for interruptions or failures on the Internet, on the page ( https://www.instagram.com/tomas_colomer/ ), the cable network, electronic communications networks, software or hardware failures. nor for possible errors in the introduction and/or processing of responses, deliveries or personal data. If problems or incidents of this type occur, Tomas Colomer will do everything in its power to correct them as soon as possible, but cannot assume any responsibility in this regard.
b) Tomas Colomer, excludes any liability for damages of any kind that, despite the security measures adopted, could be due to the improper use of the services and contents by users, and, in particular , although not exclusively, for damages that may be due to the impersonation of a third party carried out by a user.
11.4.-Cumplimiento with Instagram regulations:
c) Instagram excludes any liability for damages of any kind that, despite the security measures adopted, may be due to the improper use of the services and content by users.
d) This promotion is in no way sponsored, endorsed or administered by Instagram or associated with the platform.
11.5.-Premios : The prizes awarded will not be subject to change, alteration or compensation at the request of the winners. The prize awarded by contest is non-transferable, that is, in the event that for any circumstance the winner could not or did not want to accept the prize, or renounced it, Tomas Colomer would proceed to designate the next reserve winner. In the event that the other reserve winners do not accept or renounce the prize, it will be declared void. Tomas Colomer is not responsible for possible losses, deterioration, theft or delays or any other circumstance attributable to the courier company or third parties that may affect shipments. Shipping costs will be the responsibility of Tomas Colomer SL . By accepting the prize, the winner assumes all expenses incurred, except those expressly included in the promotion in question, as well as any liability that may arise from the collection and use of said prize. In this sense, the winner will be responsible for all taxes accrued or expenses that are not specifically mentioned in these rules.
11.6.- Tax withholding: Where applicable, the regulations on Personal Income Tax, Non-resident Income and other legal texts on tax matters will apply to the prizes of this promotion. In this sense, obtaining 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 manifested by an alteration in its composition. The prize winner will be subject to compliance with all tax obligations established by current applicable legislation, where applicable, and will be solely responsible for paying them.
11.7. - Acceptance of the rules: Potential participants are informed that the simple fact of participating in this promotion implies the express and unreserved acceptance of these rules as well as submission to the interpretative decisions made by the organizing company. The following bases will be published on the Tomas Colomer website: https://www.tomascolomer.com/
11.8. Modifications and/or annexes: Tomas Colomer reserves the right to make modifications or add successive annexes to its mechanics and prizes, provided that they are justified or do not harm the participants, and are duly communicated to them. These modifications will be communicated in the same media as these bases.
11.9.- Applicable legislation: This promotion is governed by the legislation in force in Spain and by these Rules.