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TERMS AND CONDITIONS OF THE CONTEST “MY SUNNY SIDE”
The public limited company under the trade name “FOLLI FOLLIE COMMERCIAL MANUFACTURING AND TECHNICAL SOCIETE ANONYME” and the distinctive title “FF GROUP”, having its registered seat in Agios Stefanos, Attica, 23rd km. of the ATHENS-LAMIA NATIONAL ROAD, VAT number 094079334, Taxation Office of Public Limited Companies of Athens (hereinafter, the “Organizing Company”), announces the contest entitled “My Sunny Side”, which will be carried out through the websites https://instagram.com/follifollie/ and https://www.facebook.com/FolliFollieWorld (hereinafter, the “Contest”), in cooperation with the Advertising Company named PUBLICIS HELLAS ADVERTISING S.A. (hereinafter the “Advertising Company”).
Participation in the Contest presupposes and entails the unconditional acceptance by participants of the following “Terms of Participation”, which are as follows:
1] RIGHT TO PARTICIPATE IN THE CONTEST: The Contest “My Sunny Side” is an international contest, which will be conducted under the provisions of term 3 hereof. Subject to the provisions of term 2 below, any person who has reached eighteen (18) years of age and legally and permanently resides in America, Europe and the Asia-Pacific Region is entitled to participate in the Contest. The participation of a minor in the Contest requires the prior consent of the persons exercising parental custody or of the guardians of the minor. If a minor is proclaimed winner of the Contest, the relevant obligations that are set forth in these terms, where appropriate, shall apply with respect to or by those exercising parental custody of the minor or the minor’s guardians.
2] EXCLUSION OF PARTICIPANTS: Persons falling within any of the following cases are excluded from the Contest: (a) the Organizing Company’s and the Advertising Company’s employees; (b) the first (1st) and second (2nd) degree relatives of the employees mentioned under letter (a) above, as well as the spouses of such employees; and (c) persons lacking legal capacity.
3] SCOPE AND DURATION OF THE CONTEST: The contest will be conducted on the Internet, more specifically through the websites https://instagram.com/follifollie/ and https://www.facebook.com/FolliFollieWorld and the time period from 10/14/2015, at 17.00 hours p.m. (UTC)(hereinafter, the “Opening of the Contest”) until 11/14/2015, at 14.30 hours p.m. (UTC) (hereinafter, the “End of the Contest”) is set as the term for conducting the Contest. The Organizing Company reserves the right to extend or abridge unilaterally the duration of the Contest, to modify any of these terms and/or cancel this Contest upon communicating such change by all appropriate means, at its reasonable judgment.
It is made explicitly clear that, after the End of the Contest, or after any abridgement of the duration thereof, it shall be no longer possible to validly register for the Contest, and any entries submitted beyond the time limit shall be automatically considered nonexistent and shall have no effect.
4] WAYS TO PARTICIPATE IN THE CONTEST: Participation in the contest does not require the purchase of a product.
There are two (2) ways to participate in the Contest:
1st way to participate- Instagram Contest:
Those wishing to participate in the Contest in the 1st way shall have to post one or more photographs unveiling the sunny side of life on Instagram*. Such posting automatically constitutes a registration for the Contest, without any charge or further procedure. The photograph(s) must be accompanied by the hashtag #mysunnyside and by the hashtag of their country of origin (e.g. #GR for Greece). The photographs, after being posted on Instagram, will be published, upon approval, at a special website (designed exclusively for the Contest) and will include the respective likes of other Instagram users. Note that each user must keep the original photograph of their participation, because there is the possibility of such photograph being further exploited upon completion of the Contest and users unconditionally accept such use by the Organizing Company and/or της Advertising Company.
It is made explicitly clear that the photographs must belong to the participants themselves and not be the product of theft (from the internet, the print media, etc.). In the event that it is discovered that one or more photographs are the product of theft, such photograph shall be removed and the corresponding entry shall be cancelled.
*Essential precondition: The user profiles on Instagram must be “public”.
2nd way to participate- Facebook Contest:
Those wishing to participate in the Contest in the 2nd way shall have to
Enter the special website (where the photographs from Instagram will be posted) by logging in through Facebook and
Share their favorite photographs.
The cumulative observance of the actions mentioned under (i) and (ii) above shall automatically constitute a registration for the Contest, without any charge or further procedure.
Note that the more photographs the users share, the more their odds will be in the draw.
Users can share as many photos as they want. However, they cannot share the same photo more than 1 time.
A “valid participation” in the Contest, according to the foregoing, means any participation for which the following apply cumulatively:
(a) either the procedure of the “1st way to participate” that is described in detail above, or the procedure of the “2nd way to participate” that is described in detail above has been observed, exclusively within the time limit from the Opening until the End of the Contest;
(b) is not, at the absolute discretion of the Organizing Company, the product of illegal influence by the participant or a third party in the Competition procedure, or the product of fraud or unlawful interference in general, by the participant or a third party.
5] LIABILITY: Participants must act lawfully and within the framework of good morals and trade conventions. Should any action or behavior of a participant be deemed illegal or abusive or tortious by the Organizing Company or the Advertising Company, at their absolute discretion, then the aforesaid companies shall reserve the right, without any further action, to completely exclude the said participant from the Contest, or even cancel the prize. The Organizing Company shall intervene as soon as possible in order to expel from the contest anyone who carries out any action that is unlawful, abusive or contrary to good morals.
It is expressly stipulated that any material that may be considered, at the discretion of either the Organizing Company or the Advertising Company, obscene, vulgar, provocative, offensive, threatening, biased, malicious, slanderous or illegal, as violating the law or the individual rights of any third party (including, without limitation, the right to name, personality, privacy) or represents a minor child shall be removed and the corresponding entry shall be canceled. The Organizing Company shall bear absolutely no responsibility for any improper or inaccurate postings and, in general, for the entire content of the comments posted by participants. Participants unreservedly accept and declare that they are solely responsible for the content that they post, submit or distribute through the website in any way. In no case shall the Organizing Company or its partners and their employees, directors, shareholders or representatives be held liable for damages or losses of any kind (e.g. direct, indirect, casual, incidental, civil or criminal) resulting from actions of the website’s users. A participant shall be exclusively responsible for any damage caused to the site or the Network in general, resulting from poor or improper use of the relevant services by the participant. The participant whose participation caused the damage or moral harm shall be solely liable, irrespective of their fault, for the restitution of any damages (direct or consequential damages) or moral harm caused through this website, by the posting, publication or disclosure of any content. A participant in the Contest, in addition to their exclusive liability for posting and publishing any improper item, undertakes the obligation, in any legal dispute, to restitute any relevant damages suffered by the Organizing Company or any third party; more specifically, in case of damage to a third and initiating of legal proceedings before the Courts of Law, the participant must intervene in support to the Organizing Company and then pay any amount awarded on that ground to a third party against the Organizing Company.
6] PERSONAL INFORMATION: The registration for and participation in the Contest entails the explicit and unconditional acceptance of the detailed terms of participation and any amendments thereto, as well as the granting of consent to the Organizing Company and/or the Advertising Company to use and process the participants’ personal data, solely for the purposes of the Contest and for promotional purposes, and constitute a waiver by the contestants/participants of any intellectual property right. In case of violation of any intellectual property or other third-party rights, participants shall remain fully liable and responsible for their actions and in no event shall the Organizing Company or the Advertising Company be held liable.
Participants shall provide to the Organizing Company, upon registration for the Contest, an exclusive license to exploit the entries that will stand out through the radio, the television, the Internet and in any other way, for an indefinite period.
7] MANNER OF PROCLAMATION OF WINNERS AND PRIZES: After the end of the contest, the following winners will be proclaimed:
Α1). One (1) winner will be proclaimed from among the users that will participate in the Contest in the 1st way via Instagram (as provided for in term 4 hereof) based on the jury’s judgment (which will seriously consider the likes of each photograph) and will win a four-day trip for two to Santorini. The trip shall include airline tickets (to and from Santorini) and accommodation* at “Aroma Suites” hotel, in a luxury suite with a view.
Α2). Moreover, nine more winners will be proclaimed from among the users that will participate in the contest in the 1st way via Instagram (as provided for in term 4 hereof) based on the jury’s judgment (which will seriously consider the likes of each photograph), each of whom will win a “Santorini Flower” product of the Organizing Company. More specifically, the Santorini Flower products include: 1 Santorini Flower watch, 3 Santorini Flower necklaces, 2 Santorini Flower bags, 2 Santorini Flower pairs of earrings & 1 Santorini Flower wallet.
In addition, ten (10) runners-up will be proclaimed from among those who participated in the Contest in the 1st way.
* The accommodation is exclusively valid for the May-July period and the booking of the suite will be made depending on the hotel’s availability.
Β1). One (1) winner will be drawn from among the users that will participate in the Contest in the 2nd way via Facebook (as provided for in term 4 hereof), winning a four-day trip for two to Santorini. The trip shall include airline tickets (to and from Santorini) and accommodation** at “Aroma Suites” hotel, in a luxury suite with a view.
Β2). Moreover, nine (9) more winners will be drawn from among the users that will participate in the contest in the 2nd way via Facebook (as provided for in term 4 hereof), each of whom will win a “Santorini Flower” product of the Organizing Company. More specifically, the Santorini Flower products include: 1 Santorini Flower watch, 3 Santorini Flower necklaces, 2 Santorini Flower bags, 2 Santorini Flower wallets, 1 Santorini Flower pair of earrings.
In addition, ten (10) runners-up will be proclaimed from among those who participated in the Contest in the 2nd way to participate.
** The accommodation is exclusively valid for the May-July period and the booking of the suite will be made depending on the hotel’s availability.
The above mentioned prizes are personal and winners do not have the right to exchange them for cash, or other fungible things, or other service or product of the Organizing Company and/or the Advertising Company, and may not be transferred or assigned to third parties or relatives of the winners, nor replaced or redeemed under this Contest.
8] CONDUCTING OF THE CONTEST / PROCLAMATION – ANNOUNCEMENT OF WINNERS: The winners and the runners-up will be announced and proclaimed by means of a draw that is to take place after the end of the time period for participation in the Contest, namely on 11/24/2015, at 12:00 hours p.m. (GMT +3: 00), at the offices of Publicis company, No. 3-5, Menandrou Str., Kifissia, in an automated manner, which does not admit of human intervention.
After their announcement, winners shall have five (5) working days at their disposal to contact the Organizing Company. If such contact is not made possible, the prize will be given, under the same terms, to the first runner-up, and so on.
The winners that will be proclaimed in the ways specified in term 7 hereof will be announced at a page of the Contest’s website. Upon such announcement, it will be presumed that the winners were informed. Subsequently, the Organizing Company will contact the winners of the Contest in order to collect the minimum necessary information (name, surname, copy of Police ID card, telephone number, e-mail) to take all necessary steps to award the prizes to them. The Organizing Company declares that the Organizing Company respects the personal information of participants, and that such information shall not be forwarded to third parties, except those persons to whom they must necessarily be communicated in the context of conducting this Contest.
For the avoidance of any dispute, no participant shall be considered neither be legitimated as a definitive winner in accordance with these terms, unless the awarding of a prize in accordance with the provisions hereof has been completed. Any publication of the name of a person as an alleged winner on the Contest Website shall not render the result final nor shall establish any claim of such person.
It should be noticed that, if HK winners/runners-up are selected, they will have to answer a question correctly after the draw in order to be awarded.
9] OTHER TERMS:
The participants do not have and do not acquire any right whatsoever on the marks, names, indications, emblems and other distinctive signs of the Organizing Company. Participation in this promotional activity requires access of the interested parties to the internet exclusively with their technical means. The Organizing Company undertakes no obligation with respect to ensuring, aiding access to Internet sites or providing facilities to any interested party. Access to the website of the promotional activity is only permitted under the terms of operation of the relevant server and the technical and other requirements and specifications of the contest. Furthermore, the Organizing Company shall not be liable for any charge incurred by participants-users due to the above mentioned causes.
The Organizing Company shall be entitled to cancel the Contest, to modify its terms or to change the above dates and deadlines, anytime and for any reason whatsoever, including, but not limited to, third-party negligence and the inability of third parties to dispose of prizes, and without being obliged to inform contestants in advance. In all cases, the draw shall take place, if there are any entries. Moreover, the Organizing Company is entitled to substitute the prize with another prize.
The Organizing Company and the Advertising Company shall not be liable for any printing errors. Moreover, these companies shall not be responsible if, for reasons relating to an event constituting force majeure (including, but not limited to, natural disasters, strike, war, acts of terrorism or threats of terrorism, accidents, fires, floods or other natural disasters, strikes or civil unrest, etc.), are not able to fulfill their obligations under these terms, and shall be released from their obligations without incurring any liability.
The Organizing Company and the Advertising Company retain the option of canceling entries if they do not meet the terms hereof. Participants should act lawfully and within the framework of good morals and trade conventions. Should any action or behavior of a participant be judged illegal, improper or tortious by those companies, then the companies shall have the right, without any further action, to exclude such participant completely from the Contest, and even to cancel the prize.
Participants in the Contest grant their explicit consent and authorization to the above mentioned companies (Organizing Company and Advertising Company) for the promotion of the Contest and its results through the radio, through the press and the electronic media, or the Internet. Therefore, the companies mentioned above reserve the right to use and publish any news item related to the award and the draw of the prize for advertising purposes, and participation in this Contest automatically implies the relevant consent.
It is made explicitly clear that participants in the Contest waive their intellectual property rights and grant to the above-mentioned companies the right to use and display their photographs in any other promotional activity. Note that the best photographs among those posted on the website will be used for broader promotional activities and may be displayed in special exhibitions throughout the world.
Participation in the Contest implies the explicit and unconditional consent of the participant to the entry of personal data in a record that will be kept by Folli Follie solely for the purpose of this promotional activity, according to the provisions of Law 2472/1997, as in force. Each participant has the right to request in writing by the Organizing Company the deletion of their personal data from the above record.
Moreover, in the particular case where the participants have granted their consent in order to be informed about any new, upcoming events/happenings, etc. by the Organizing Company at the e-mail address that they have notified to the Organizing Company, the latter shall be entitled to use their e-mail address exclusively for that purpose.
Participation in the Contest requires and entails the unconditional reading and acceptance of all the terms of the Contest set forth above. The detailed terms of participation in the Contest are posted in a field of the above-mentioned sites that is indicated as “Terms of Contest”.
These terms are governed by the Laws of Greece. Any dispute that may arise in connection with this Contest shall be resolved by the competent courts of Athens.