DETAILS ABOUT THE COMPANY CARRYING OUT THE PROMOTION
SOLO CONTEMPORARY S.L., a company domiciled at Avda. del Valle, 38; 28003 Madrid, and issued with C.I.F.B-87311189 (hereinafter, “the Company carrying out the Promotion”, “Company”), owner of “6Forest”, plans to carry out a promotional campaign that will be carried out in accordance with the provisions of these terms and conditions (the “Terms & Conditions”).
The promotion will be called “Ganji ExKlusive Contest”(hereinafter referred to as the “Promotion”) and will have worldwide reach (any natural person who meets the registration requirements may participate).
BASIC INFORMATION OF THE PROMOTION
The Promotion is intended exclusively for natural persons, 18 years of age and older, residing in any country in the world and who meet the requirements set out in the Terms & Conditions, which are listed below.
Participation in the promotion is free and does not require from the participants the onerous acquisition of products or services of the Company, nor payment of any fees or any additional amount.
The promotion is governed by the provisions of these Terms and Spanish law as applicable.
TERMS & CONDITIONS
Participants in the contest, conducted through the 6FOREST platform (or any third party one) and Instagram, will enter into a single competition for choosing the “GANJI” toy design, whose prize will consist of: (i) publication of the “GANJI” toy design winning version in the media and platforms that 6FOREST deems suitable, , its publication on the Kickstarter platform being one of the exclusive rewards of the campaign, and; (ii) winner of the contest shall be given a “GANJI” toy featuring the winning color scheme proposal.
The prize obtained in the Promotion will be personal and non-transferable, so the user who has won it in the contest will not be able to designate another person as recipient of the same. The winning user may not, in any case, request a change or modification of the prize (the “GANJI” toy), nor its cash redemption for collection of same.
The Company carrying out the Promotion will be responsible for all costs of shipping the “GANJI” toy to the contest winner, except for the country of destination own taxes, which will be borne by the winner of the contest /addressee who acknowledges receipt of the “GANJI” toy on behalf of the winner.
2. GENERAL FEATURES OF THE PROMOTION
2.1. Contest is open to natural persons, 18 years of age and older, residing in any country in the world.
The territory of this promotional action extends to any country in the world.
2.3. Duration of the promotion
This promotion will take place between the dates March 22th and May 15th, inclusive.
If force majeure causes made it necessary to postpone, modify, cancel, or repeat the Promotion, such fact will be notified by the same means through which these Terms & Conditions are disclosed to all participants, giving said modification the same degree of publicity.
This promotion will be made known to users through the website “6forest.com” and its Instagram account, and any media and sector platforms that 6FOREST deems suitable.
3. PROMOTION RULES
3.1. Entry method
– Register leaving your name, email, and Instagram account.
– After registration is finished, the participant will have access to two (2) images on which he can make his design proposal for the “GANJI” character.
– Once the proposal is finalized, you must forward the file with the design to the email@example.com address.
– The designs chosen as finalists will be put to a vote on the «6Forest» Instagram account, and the winning version will be published as an exclusive reward of the Kickstarter campaign.
3.2. Prize allocation
The prize will be awarded to persons who have participated in the Promotion and meet the requirements of these Terms & Conditions.
The Company reserves the right not to award the prize if none of the participants meet the requirements set out in these Terms & Conditions.
3.3. Communication to winners
The winner’s name will be posted in the “6Forest” Instagram account. The Company will then contact the winner by means of the email provided by the user.
3.4. Prize delivery
Once a winner of the contest has been chosen, the Company will contact him, within a maximum period of 10 working days from the prize allocation, to collect the necessary data to deliver the prize (the “GANJI” toy).
In case there is no answer, the Company may decide to rescind the prize and not to award it again.
4. GENERAL TERMS & CONDITIONS: PARTICIPANTS´OBLIGATIONS AND DISQUALIFICATION BY THE COMPANY
Participants in the Promotion undertake to act in good faith and in strict compliance with the provisions of these Terms & Conditions to ensure that this Promotion is carried out on an equal opportunity basis and in accordance with usual competition criteria. In this sense, participants undertake to:
– Provide truthful data.
– Use a true profile on Instagram.
– Participate in the promotion through a single profile. In this sense, the Company may disqualify a user if fraudulent participation in the promotion is detected, for example, through multiple votes from the same IP.
– Do not delete, alter, circumvent, or manipulate any protection device or security system that may be installed in the application, nor violate any intellectual and industrial property rights in the application, the website or that correspond to the Company.
– Do not introduce or spread in the net computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the owner of the website, the application, its suppliers or any third parties, or to generate automated messages.
– Do not make any offensive comments, insults, threats, use foul language, post degrading content, or make any disqualifications towards the products and services of the Company, its personnel, other participants in the promotion, or any third parties, neither on the website of the Company, nor on the “6Forest.com” website, or on any other website for public or private use. The Company reserves the right to remove all content that is illegal or damages any property or rights of third parties liable to be indemnified. In particular, and without prejudice to what is expressly stated in these Terms & Conditions, that which violates a person´s dignity, is discriminatory, xenophobic, racist, harmful, threatening, defamatory, invades the privacy of another, threatens children and youth, order, or public safety, or that, in the opinion of the Company, is not suitable for inclusion on the website. The Company may take any legal action it deems appropriate to put an end to these injuries, including claiming the damages caused.
The participating user guarantees that the “GANJI” toy design with which he participates in the contest is original, the result of its inspiration and its creation, and that it does not infringe any intellectual or industrial property rights of third parties.
The user participating in the promotion accepts that any failure to comply with any of the Terms and Conditions will constitute a breach thereof, the Company reserving the right to deny or withdraw the participating user in breach, without prior notice, participation in the contest or even access to the website. Ultimately, the Company shall have the authority to screen any participation that it believes does not fit these Terms & Conditions.
In the event the Company detects any irregularities after the effective delivery of the prize, it reserves the right to exercise the relevant legal actions against its perpetrator or person responsible; among others, those aimed at the restitution of the prizes obtained illicitly, and compensation for the damages caused.
5. ASSIGNMENT OF INTELLECTUAL PROPERTY RIGHTS IN THE “GANJI” TOY DESIGNS AND PARTICIPANTS´DISCLAIMERS TO REQUEST DESIGNS REGISTRATION PROTECTION.
All participants, simply by entering the contest and accepting the Terms & Conditions, assign to SOLO CONTEMPORARY S.L all intellectual and industrial property rights in the “GANJI” toy design. In this sense, SOLO CONTEMPORARY S.L may freely exploit, without any limitation as to time or territory, all rights assigned, in particular, to carry out any act of reproduction, distribution, transformation, and public communication (including making it available to the public) on the “GANJI” toy design, in any medium and format.
The participating user waives requesting registration protection for the “GANJI” toy design submitted to the contest.
The prizes of this contest are subject to Income Tax of Individuals regulations provisions.
To the extent permitted by current legislation, the Company shall not be liable for the following damages and losses that a user may incurred because of his or her participation in the promotion: consequential damages, loss of income or sales; loss of business; loss of profit or loss of contracts; loss of expected savings; data loss; loss of management time or office hours, and punitive damages.
The Company assumes no liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures in the lines of communication, theft, destruction, unauthorized access, cancellation of the contest, or impossibility to hold it. The Company is not responsible for any hardware or software technical issues or failure due to technical issues on the Internet, the website, the application or the Kickstarter and Instagram platforms.
8. PERSONAL DATA PROCESSING
In accordance with Organic Law 3/2018, of 5 December, on the protection of personal data and guarantee of digital rights, and implementing regulations thereof, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data, the participants in the Promotion grant their express consent so that the personal data provided are processed by SOLO CONTEMPORARY for the purpose of carrying out: a) any action or step related to their participation in this Promotion; (b) any action that is necessary for the managing and delivery of the prize; and (c) compliance procedures with any applicable tax or other obligations in connection with the Promotion.
By providing your data, the participant expressly consents to the processing of his or her data to send him or her commercial, advertising, and promotional communications of SOLO CONTEMPORARY products and services either by post, telephone or electronic (e-mail, sms, social networks), as well as to carry out processing to adapt our communications to his or her profile.
To exercise the rights of access, rectification, cancellation, and opposition you may send address a written request to SOLO CONTEMPORARY, Plaza de la Independencia, 5; 28001 Madrid. The request must include the following information: First name, surname and passport/identity card number, address for notification purposes, specific right you wish to exercise, and content thereof.
9. ASSIGNMENT OF RIGHTS TO USE NAME AND LIKENESS.
By accepting these Terms & Conditions, the user expressly authorizes the Company to use its name and likeness, on a limited basis, exclusively with regards to broadcasting activities related to this contest (television, press, Internet, radio) for advertising and/or news purposes, without being entitled to receive any payment or consideration. In particular, the winner of the promotion expressly authorizes the Company to use its name and likeness to communicate the result of the contest in the “6Forest.com” application and website, on its Instagram account, as well as on any other social media account linked to “6Forest” or SOLO CONTEMPORARY S.L.
10. ACCEPTANCE OF THE TERMS & CONDITIONS
The Company reserves the right to modify these Terms & Conditions, or the stipulations of the promotion or to cancel the contest while taking place.
11. JURISDICTION AND APPLICABLE LAW
This promotion will be governed by Spanish Law in all that is not regulated in these Terms & Conditions.
Any dispute arising out of or relating to the promotion will be subject to the jurisdiction of the courts and tribunals of the city of Madrid. In the event the user is a consumer and participates in the contest as a consumer, nothing in this clause will affect his rights as such as recognized by current legislation.