TERMS AND CONDITIONS FOR THE PROMOTION WEAR YOUR PHOTO BY ZARA

Transcription

1 TERMS AND CONDITIONS FOR THE PROMOTION WEAR YOUR PHOTO BY ZARA One.- ITX Merken, B.V. a Dutch company based at Nieuwezijds Voorburgwal 307, Amsterdam, 1012 RM, Netherlands, with fiscal ID number NL B01 (hereinafter, the Promoter ) is launching this promotion (hereinafter, the Promotion ), governed by these terms and conditions (hereinafter, the Terms and Conditions ). Description of the Promotion: Medium on which it is held and publicised: Held via the Zara website ( hereinafter, the Website, and publicised via the official Zara profiles on the social networks Facebook, Twitter, Instagram, Line Japan, Line Taiwan, Line Thailand, Kakao, Weibo, WeChat, Pinterest and VK, hereinafter, individually the Social Network or jointly Social Networks. Furthermore, the Promotion may be organised using a specific application on the Website (hereinafter, the Application ). - Eligibility: Any individual with no employment relationship with the Inditex Group, legally resident in Germany, Austria, Croatia, Spain, France, Greece, Netherlands, Ireland, Montenegro, Poland, Portugal, United Kingdom, Romania, Russia, Serbia, Ukraine, Japan, Switzerland, Denmark, Norway, Sweden, Belgium, Luxembourg, Czech Republic, Finland, United States, South Korea, China and Puerto Rico not obliged to exclusive modelling and/or photography services to a third party, and who has not exclusively granted their image rights and/or copyright to the material sent under the Promotion, and who meets the requirements set forth in Clause Two of these Terms and Conditions (hereinafter, the Participants ). Participants take part in the Competition at their own risk and liability. ITX MERKEN reserves the right to require participants, and particularly those whose material is selected, to prove that they meet the requirements mentioned above. - Description and theme of the Promotion and how to participate: The Promotion is a (1) contest. To take part in the Promotion, Participants must sign up in the WEAR YOUR PHOTO section of the Website, complete the participation form ( pais/idioma/hombre/wear-your-photo/participatec html) in which they must fill in the details requested (name, contact and country of residence), send an image, photograph, drawing or similar (hereinafter, the Material ) and accept these Terms and Conditions. The WEAR YOUR PHOTO section of the Website will include a tool which, after accepting these terms and conditions, allows participants to send the material indicated herein. The material may not (i) show the image of a third party other than the participant sent without the consent of the third party/parties in question; (ii) reproduce any work created by third parties, without the consent of the third party in question; (iii) reproduce the products, brands, trademarks or other intellectual property rights of third parties without their consent; (iv) show or reproduce the image of minors, unless the corresponding material is submitted by the father, mother, guardian or legal representative of the minor; or (v) be in any way illegal, offensive, inappropriate or contrary to moral or public order. The Material must meet the following technical specifications: (a) Minimum size: 1300px wide 1300px high, (b) Maximum size: 3900px wide 3900px high, (c) Maximum weight 10mb and (d) jpg format. Any Participant selected who does not meet the requirements set forth in the technical specification of this Clause may not be considered a Winner. Any Material that does not meet the prohibitions set forth herein and/or the above requirements will be automatically rejected. Regarding all the Material sent by Participants via the WEAR YOUR PHOTO section of the Website, ITX MERKEN, directly or through a third party authorised for the purpose, will have absolute freedom to publish it on the Web Media. 1

2 Only three images per Participant. - Participation dates: From 28th March 2018 at 00:00 (GMT+1) to 9th April 2018 at 23:59 (GMT+1). - Date winners will be selected: Friday, 20th April 2018 and in any case within ten (10) calendar days from the deadline for participating in the Promotion. - Method for choosing winners and Period for the Winners to respond to the Promoter s communications: From the Participants who correctly follow the participation procedure, FOUR winners (hereinafter, individually a Winner or jointly the Winners ) will be chosen on purely aesthetic grounds and based on the originality of the Material. - The Promoter will contact the Participants with winning Material to require them to sign a document accepting the Prize. If the Material reproduces the personal image and/or appearance of a person other than the Winner, this person must sign an additional document confirming they have transferred all rights to their personal image and/or appearance to be included in the Material which must be submitted to the Promotion for the purposes set forth in these Terms and Conditions. This includes incorporating the Material onto the products mentioned in the Prize section below, and their subsequent sale via the channels mentioned therein. Participants will no longer be Winners if, within five (5) days of the relevant written communication being sent by ITX MERKEN or any third party authorised by ITX MERKEN, they do not send any of the documents mentioned above duly signed and/or they do not provide the details and/or information required. Should the Winner waive or lose their status, ITX MERKEN will have absolute freedom to, directly or via a third party authorised for this purpose by ITX MERKEN, select a new Winner from the material submitted by the Participants. - Prize: The Promotion prize consists of five hundred Euros ( 500) and, if decided by the Promoter, printing the winning Material on a Zara garment (T-shirt or sweatshirt) for subsequent marketing and sale via the Zara, Zara Kids and Kiddy s Class brand distribution channels, as well as the website, and or other distribution channels these brands use to distribute and sell their products (hereinafter, the "Prize ). Notwithstanding the above, given the mechanics of the Competition, and the uncertainty regarding the Material received, the Promoter reserves the right to not print the Materials selected if it considers them to not have the required quality. The above point will not affect the Promoter awarding five hundred Euros ( 500) to the Winners. The garments indicated above, both those produced during the Promotion and afterwards, may be marketed with no time limit via the channels mentioned above. - Date and place that the Promotion Winners will be published: 20th April 2018 at Zara.com, on the social networks Facebook, Twitter, Instagram, Line Japan, Line Taiwan, Line Thailand, Kakao, Weibo, WeChat, Pinterest and VK Two.- Any individual can be a Participant if they meet the requirements in these Terms and Condition and (i) are over 18 years old; (ii) have the legal capacity to enter into a contract and provide consent according to applicable legislation; (iii) are a legitimate user of the social network used for the Promotion (hereinafter, the Social Network ), according to the terms and conditions of use of the Social Network, (iv) read and accept these Terms and Conditions and (v) follow the participation procedure established in these Terms and Conditions, providing correct and complete information and data required by the Promoter to manage this Promotion. 2

3 The Promotion is free, and Participants need not pay any fee to enter it or purchase any product or service beforehand. Likewise, for Participants who so request and are duly entitled under their national laws, the Promoter shall refund the cost of connection incurred while entering the Promotion, up to a maximum of 3 minutes per Participant. Free access shall not generate the right to such refund. Refund requests must comply with the following requirements: (i) request in writing sent to the Promoter at the address indicated in Clause One within 15 days from the end of the Promotion (ii) indicating the name, address and of the applicant, (iii) attaching a copy of the service-provider's invoice, itemising the connection cost incurred in taking part in the Promotion, and (iv) indicating the number and details of the bank account to which the refund should be transferred. At the Participant's request, the shipping expenses incurred will also be refunded, when the Participant has a right to said refund according to applicable legislation (weight of 20 grams). Refunds shall be made within 60 days of receiving the request, after verifying that the foregoing requirements have been met, and provided that the information furnished corresponds to that provided in the Promotion entry. Three.- Participants take part in the Promotion at their own risk and liability. The Promoter reserves the right to require proof of compliance with the requirements specified in any clause of these Terms and Conditions at any time. Four.- The Promoter will manage the Promotion through the Website, using all type of Internet resources to provide maximum publicity for the Promotion, including any Promoter and Inditex Group website, as well as their respective blogs and social network profiles (hereinafter, jointly the Web Media ). Five.- The Promoter reserves the right to amend these Terms and Conditions, in whole or in part, in the event of circumstances that prevent completion thereof following public notification via the Website or any other medium on which the Terms and Conditions may have been published in order to avoid damages being incurred by the Participants, including the deposit thereof with civil servants or national authorities, as well as to interrupt or conclude the Promotion at any time. These Terms and Conditions shall be publicly available via the Website for consultation by the Participants. They shall also be sent free of charge to any Participant, making such a request in a letter sent to the address indicated in Clause One and complying with the establishment of this right in corresponding national regulations. Six.- In the event that the Promotion implies Participants present any material liable to generate intellectual (including copyright) or industrial property rights, or rights to reputation, personal or family privacy and image rights or rights of any other kind, such as (but not limited to) photographs, videos, or any other type of creation (hereinafter, the Material ), said Material must fulfil the requirements indicated in these Terms. If the Promotion dynamics mean the Materials may reproduce the image of a third party, the Participant must have obtained in advance their express consent for submitting the Materials to the Promotion, the use of their personal image for commercial, advertising or similar purposes, and granted a licence and transferred the rights established in these Terms and Conditions. Participants must send a document proving third party consent indicated by the Promoter to the address set out in these Terms and Conditions; (iv) Materials may not illegally reproduce the work of others, understood as reproduction that is not authorised by the author or by law, products, brands or any other third party symbol; (v) according to the Promoter s criteria, Materials must not be illegal, offensive, slanderous, inappropriate or contrary to current regulations, moral or public order; (vi) Materials may not infringe on any Social Network policies or conditions of use. Furthermore, if the Promotion requires Participants to submit Materials, taking part in the Promotion entails: (i) each and every Participant grants the Promoter a worldwide, free licence over the rights of use (intellectual and industrial property, image rights or rights of any other nature), including rights to reproduce, distribute, disclose in public, transform and make available all the Materials provided by Participants as part of the Promotion, and the name of these Participants in order to manage the Promotion, to select the Winners and, where appropriate, to publish the Materials on the Web Media, from the time Materials are submitted to the Promotion and until the Promoter declares the Promotion completed; and (iii) that the Winners transfer all rights to the Promoter (including but not limited to intellectual and industrial property rights, image rights or rights of any other nature), including rights to reproduce, distribute, disclose in public, transform and make available the Material selected as Winners, the name of the Participants who submitted these Materials, and the image and/or appearance of the individuals whose image and/or appearance is reproduced on the Materials, for the purpose of commercial use by manufacturing, promoting, distributing and selling the products mentioned in the Prize section of Clause One of these Terms and Conditions; this transfer of rights is understood as granted exclusively in exchange for the cash value of the Prize, with the ability to 3

4 transfer any copyright for the Materials to third parties and for the maximum protection period in Spain, until they become part of the public domain. Seven.- Regardless of any other measure established in these Terms and Conditions, non-compliance with any of the terms contained in these Terms and Conditions at any stage or moment of the Promotion may lead to the removal of the Participant and/or withdrawal of the Materials in question, according to the criteria of the Promoter. Eight.- The Prize is personal, non-transferable and cannot be exchanged for cash or for any other goods or services. The Prize consists solely and exclusively of the elements indicated in these Terms and Conditions. Accordingly, the Promoter shall not incur any costs other than those mentioned in the Terms and Conditions. Nine.- On the Date the Winners of the Promotion are announced, as was indicated above, the Promoter will publicly announce the Winners of the Promotion on their Website and will contact each one of them to inform them that they are Winners and to coordinate delivery of the corresponding Prize, using the addresses provided as part of the Promotion. For the purpose of publishing the results of the Promotion and the Winners thereof, the Promoter shall be authorised to publish their names on the Website and Web Media. Additionally, either directly or through third parties, the Promoter is authorised to interview, photograph and/or film the Winners when they receive the Prize and/or enjoy it; the Winners commit to collaborating for these purposes and consent to the use of the material in question on the Web Media and to its publication in any type of document, including but not limited to newspapers, magazines and newsletters. Ten.- It shall be understood that the Winners have rejected and waived their right to the Prize in the event that no reply to the communications from the Promoter is received (or the reply is unsatisfactory) within the deadline defined in Clause One of these Terms and Conditions. The same shall apply in the event that it is not possible to deliver the Prize to the Winners for reasons not attributable to the Promoter. In these cases, as when any other Winner waives their right to the Prize, the Promoter will award the Prize to the alternates. Under any other circumstances, the Promoter shall be fully entitled to award the Prize to another Participant or declare the Promotion null and void. In no case shall the expiration of the period indicated in this Clause or a waiver be cause for declaring null and void or revoking the licenses granted under these Terms and Conditions. The Prize shall be delivered within the term and in the manner legally established. In order to deliver the Prize, the Promoter shall be entitled to require proof of identity from the Winners. The Winners may be required to sign a document in which they accept the Prize in order for it to be delivered and used. In any event, the content of such a document shall be in accordance with the provisions of these Terms and Conditions. Failure to comply with said requirement, if requested by the Promoter, shall imply express rejection of the Prize and assignment thereof to the corresponding persons in accordance with the paragraph above or declaration of the Promotion null and void, as applicable. Tax legislation may require withholdings or payments on account to be applied to the Prize, and the Winners may be required to sign certain tax documents related to such withholdings or payments on account. In any event, the Winners shall be responsible for paying any tax, levy or similar charge that they must pay in accordance with applicable law. The Promoter shall thus be exempt from any tax liability corresponding to the Winners. Eleven.- Entering the Promotion entails and constitutes the following, in addition to other elements mentioned in these Terms and Conditions: (i) acceptance of these Terms and Conditions, and of the Terms and Conditions of Use of the Social Network; and (ii) permission from the Winners for the Promoter and/or any third party authorised by the Promoter to use their name for the purposes of publishing the name of the Winners on the Website and in the Web Media. Twelve.- By participating in the Promotion, Participants declare and undertake: (i) to accept these Terms and Conditions; (ii) to meet all the requirements necessary for the purposes set forth herein; (iii) that the information and/or data provided under the Promotion are accurate and exact; (iv) to have all the authorisations and licences necessary in writing, pursuant to the provisions of these Terms and Conditions, and/or hold all the rights (including but not limited to intellectual or industrial property rights, honour, personal and family privacy, image rights or rights of any other nature) to the Materials; (v) if necessary, to have obtained in writing from the third parties included in the Materials the right to use their image which is included in the Materials, and the right to transfer or licence this right to any third party, for the term necessary to use the Materials, in the media indicated in Clause Six; and (vi) that the Materials: (a) do not violate the rights (including but not limited to intellectual and industrial property rights, honour, personal and family privacy and 4

5 image rights) of third parties, (b) do not include phrases, images or any other elements that could violate the right to privacy, image or honour of third parties, and (c) do not violate any applicable regulations. In accordance with the above, the Participants will indemnify the Promoter, and/or any other Inditex Group company against all costs and damages arising from: (i) claims of any nature formulated by third parties alleging that the Materials infringe their rights; (ii) inaccurate or false information and/or data provided and/or disclosed on the Website, the Web Media or any other media used within the framework of the Promotion, or (iii) failure to comply with any of the guarantees, promises or assertions set forth in these Terms and Conditions. Thirteen.- Notwithstanding the provisions of the above clause, the Promoter shall be entitled to: (1) block and delete any Materials available on the Website, Web Media or any other media used for the Promotion which, in its opinion: (i) may be considered illicit, offensive, inappropriate or contrary to moral or public order, or that in any other way may be considered to violate the rights of third parties and/or any applicable regulation; (ii) for any reason prevent or hinder participating in the Promotion, access to the Website, to the Web Media, or any other media used within the framework of the Promotion; or (iii) infringe on any of the provisions of these Terms and Conditions; (2) at its own discretion, prevent access to the Website, the Web Media or any other media used within the framework of the Promotion by those Participants who, in its opinion, may have failed to comply with any of the provisions or guarantees established in these Terms and Conditions. Fourteen.- The Promoter shall not be liable for: (i) faults with, the collapse or malfunction of telecommunications systems, the App, the Website, the Web Media or any other media used within the framework of the Promotion, for delay in transmission of the Materials, or for any loss thereof which may occur due to any of these reasons; (ii) deficiencies, damages or losses that may be caused to the Participants as a result of using the App or electronic applications from third parties necessary to participate in the Promotion, or those implemented on the Website, the Web Media, or any other media used within the framework of the Promotion; (iii) the possible use made by third parties, including Internet users, of the Materials that may be publicly disclosed within the framework of the Promotion. The Promoter shall not be liable for any delays, losses or deterioration caused by third parties. The Promoter shall not be liable in events of force majeure (such as strike action, etc.) that may prevent the Winners from fully or partially using the Prize. The Promoter shall be exempt from all liability in the event of any of the above circumstances, and for all liability for damages incurred while using the Prize. Fifteen.- Promotion Privacy Policy. The personal data provided within the framework of the Promotion shall be subject to processing by the Promoter, based on applicable legitimate purposes, depending on the needs that arise from the description of the Promotion. More specifically: - Personal data processing: In any event, by participating in the Promotion the Participants declare and guarantee that they have been informed and expressly authorise the Promoter to process the personal data provided by the Participants for the development, execution and management of the Promotion. The Participants and/or Winners expressly consent to the processing and communication of certain personal data, including the publication of their name and image on the Internet through the Website and Web Media, in order to develop, carry out and use the results of the Promotion for commercial or advertising purposes. Participants and/or Winners expressly consent to the processing of their data for the purposes indicated herein, including should it be necessary for the development, organisation and management of the Promotion the communication or transfer of such personal data to professional third parties involved in the logistics/transport/courier sector, the communication of the necessary data to third party partners for access to the Prize and to the holding company Industria de Diseño Textil, S.A. (INDITEX, S.A.) and other companies of the Inditex Group, to the extent that they are directly involved and whose activities relate to the sectors of decoration, textiles, finished clothing and household products, as well as any other sector of a complementary nature, including cosmetics and leather goods, as well as the development of and support for e-commerce activities (including those companies that operate the brands of the Inditex Group online in the countries where the Promotion is run). The Promoter may also conduct the actions necessary to check that Participants meet the requirements set forth in the Eligibility section defined in Clause One of the Terms and Conditions. 5

6 If within the framework of the Promotion, Materials are submitted which reproduce or in any other way provide third party personal data, Participants expressly guarantee that they have informed said third parties and have obtained their necessary consent for the purposes described in these Terms and Conditions. This includes the publishing of their names and image over the Internet via the Website and Web Media in order to develop or carry out the Promotional Activity, or using its outcome for commercial or advertising purposes. Should the material and/or image provided by any Participant contain personal data of third party minors, these Participants guarantee that they are the mother, father, guardian or legal representative of the minor, and therefore meet the requirements of information and consent necessary to provide the data for the purposes of their processing. The Promoter reserves the right to require the Participants and/or Winners to prove their compliance with the requirements of information and consent mentioned above in order to process their personal data. Once the Promotion and related activities and promotions have come to an end, the personal data furnished and stored in the respective databases for the purpose of managing the Promotion shall be deleted within six (6) months, including all personal or third party data included in the images. - Exercise of rights: In any event, Participants, Winners and/or third parties may exercise their rights of access, rectification, cancellation or opposition by sending written notification and a description of their request to exercise their rights to Departamento de Protección de Datos y Privacidad at the following address: Avenida da Diputación, Edificio Inditex, Arteixo (A Coruña), Spain or to the address: dataprotection@zara.com. If necessary, we may ask for a photocopy of your national identity document, your passport or another valid identification document. Should you decide to exercise these rights and you provided your , please specifically state this in the notification, indicating the address for which you wish to exercise your rights to access, rectification, cancellation and opposition. - IN ADDITION For US participants: NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM OR FACEBOOK. WINNERS LIST: For an Official Winner s List (available after April 20th 2018) or a copy of these Official Rules, send a self-addressed, stamped envelope to: Contest, c/o Customer Service Department, 500 Fifth Avenue, New York NY All requests must be received by May 1st ENTRANT S PERSONAL INFORMATION: You understand that you are providing your information to Sponsor and not Instagram or Facebook. Information collected from entrants is subject to the Sponsor s Privacy Policy which can be found at ODDS OF WINNING: Odds of winning a Prize depend on the total number of eligible entries received for the Contest. THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. - Participation by Russian citizens: In the case of Russian citizens participating from Russia, we hereby inform you that, in the event that you win the Promotion, and for the purpose of arranging your Prize, your personal details as well as those of the persons accompanying you may be processed outside of Russia by Inditex Group companies (whose activities relate to the sectors of decoration, textiles, finished clothing products and home decoration, and well as other complimentary sectors such as cosmetics or leather goods, and the development and support of electronic commercial activities), by the Promoter and/or by the Group parent company Industria de Diseño Textil, SA (Inditex, SA), all of which are based in the European Economic Area. By participating in the competition and accepting the Prize, you expressly authorise the international transfer of your data in accordance with the aforementioned terms. In the event that you do not authorise this international transfer of your personal details, you will not be able to take part in the Promotion. 6

7 Sixteen.- This Promotion is not sponsored, endorsed, managed or associated in any way with the Social Network. Participants fully exempt the Social Network from any liability. The information provided by Participants within the framework of the Promotion is not provided to the Social Network, but to the Promoter. Seventeen.- These Terms and Conditions are governed by Spanish law. In the event of a discrepancy between versions of the Terms and Conditions in other languages, the version in Castilian Spanish shall take precedence. Eighteen.- These Terms and Conditions are applicable to Participants without prejudice to any applicable regulations. ********************** 7