TERMS AND CONDITIONS FOR THE SELFIE LOTUS COMPETITION
One.- PURPOSE and NAME

The company “FESTINA-LOTUS S.A.” (hereinafter referred to as “LOTUS”), with registered address at Plaza de Isabel II nº 5 primer piso 28013 Madrid (SPAIN), tax code A-08663684, is the organiser of the following COMPETITION, titled “SELFIELOTUS” with the aim of strengthening the image of the “LOTUS” brand among consumers, and generate notoriety. The competition is free to enter.

The object of the promotion is winning a GIFT CHEQUE for the amount of TWO THOUSAND EUROS (€2000) to spend on a day of shopping in fashion and accessory boutiques shops in Madrid (Spain) with the assistance of a “Personal Shopper”.

 

TWO.- GEOGRAPHICAL SCOPE

This promotion is INTERNATIONAL in its geographical scope.

 

THREE.- PERSONAL SCOPE

Any individual person aged 18 or over living in any of the countries where the promotion is in place may enter the COMPETITION.

The COMPETITION is not open to employees of “LOTUS” and/or its subsidiaries, their spouses, first-degree relatives and any other relatives by blood or through marriage to the second degree (inclusive) of said employees.

People who do not meet the conditions or requirements to take part in the COMPETITION, or who do not accept these terms and conditions, should abstain from entering.

FOUR.- TIME SCOPE

“LOTUS” intends for the promotional period to be between midnight on 10/11/2014 (start date) and midnight on 15 January 2015, with the winners selected on the following date: 02/02/2014

 

Five- PRIZES

A GIFT CHEQUE for the amount of TWO THOUSAND EUROS (€2000) to spend on a day of shopping in fashion and accessory boutiques shops in Madrid (Spain) with the assistance of a “Personal Shopper”.

The shopping day that the prize consists of will take place in March 2015. The specific date will be agreed on between the organisation and the winners in February 2015, once the prize that the COMPETITION consists of has been accepted.

The prize also includes

a) For winners resident in Spain:

  • Return ticket in economy class to Madrid. The outward journey will be from the closest airport to the winner’s place of residence that has a direct flight to MADRID (Madrid-Barajas-Adolfo Suarez Airport) with arrival time before 11 am on the date agreed for the shopping day.
  • Madrid travel arrangements: Transport from the airport in Madrid to the city of Madrid and around the city, and return to the airport.
  • Expenses consisting of half-board (meal) in restaurant chosen by the organisation.

 

b) For winners resident in other countries of the European Union:

  • Return ticket in economy class to Madrid. The outward journey will be from the closest airport to the winner’s place of residence that has a direct flight to MADRID (Madrid-Barajas-Adolfo Suarez Airport) with arrival time before 11 am on the date agreed for the shopping day.
  • Madrid travel arrangements: Transport from the airport in Madrid to the city of Madrid and around the city, and return to the airport.
  • Expenses consisting of half-board (meal) in restaurant chosen by the organisation.

 

c) For winners resident in other countries:

  • Return ticket in economy class to Madrid. The outward journey will be from the closest airport to the winner’s place of residence that has a direct flight to MADRID (Madrid-Barajas-Adolfo Suarez Airport) for the day prior to the date agreed for the shopping day.
  • Madrid travel arrangements: Transport from the airport in Madrid to the city of Madrid and around the city, and return to the airport.
  • Overnight stay (1 night) with HALF BOARD in single room in a TOURIST-category hotel in Madrid, on the day prior to the date agreed for the shopping day.
  • Expenses consisting of half-board (meal) in restaurant chosen by the organisation

Regardless of the place of residence of the winners, the travel arrangements will not include:

Travel to the airport of origin for the winners, or the return journey from the airport to their homes. It also does not include any other expenses not expressly included in these terms and conditions, whether they be meal allowances, accommodation or any other kind of expense.

Under no circumstances may the prizes be exchanged for their monetary equivalent or be replaced, exchanged, altered or compensated for in any way. Similarly, it may not be transferred to anyone other than the winners or, if applicable, their substitutes. The gift cheque has a value of TWO THOUSAND EUROS (€2000). Travel and meal expenses are valued at an average amount of FIVE HUNDRED EUROS (€500). The overnight stay is valued at THREE HUNDRED EUROS (€300).

Obtaining the prize is conditional on the assignment of rights referred to in section nine of the terms and conditions.

Dynamic and conditions relating to enjoyment of the prize.

Following arrival at Madrid Airport and at the place indicated by the organisation, the winners will be symbolically issued with the “GIFT CHEQUE” to the value of TWO THOUSAND EUROS (€2,000) as the competition winners.

Subsequently and in accordance with the shopping plan designed by the “PERSONAL SHOPPER”, different fashion and accessory establishments in the city of Madrid (Madrid) will be visited, where the winners may choose their acquisitions freely up to the credit value of TWO THOUSAND EUROS (€2000) available to them. Notwithstanding the above, the winners must acquire any “LOTUS” brand watch in the establishment belonging to the TIME ROAD chain included in the shopping plan referred to above.
Payments in the different establishments will be covered by members of the organisation who will accompany the Competition winners at all times. If at the end of the shopping day any credit were left over having not been used up, this would remain in possession of the organisation, and the winners would have no claims to it.
The shopping day will run from 12 noon to 7 pm.

Six- ENTRY and SELECTION OF WINNERS

Entry:

The following are necessary requirements an ENTRANT to be considered:

1) Meeting the personal, geographic and time-based requirements set out in these terms and conditions.

2) Fully completing the entry form, which can be obtained from the website www.selfielotus.com, providing all the required information.

3) Include a “selfie” or self-portrait photo together with the competition entry form.

The photo may be taken in natural, outdoor surroundings, or with an interior setting, and may feature animals, objects, etc. However, if images of third parties that are recognisable feature in the photograph, these entries will be excluded from the competition and eliminated, and the entrant will in all cases assume any liability that may arise from capturing, reproducing, circulating or making any other use of images of third parties without having obtained their prior consent.

Selfie requirements

Any selfie submitted by an entrant must comply with all the following rules:

  1. It must be an original creation by the entrant and must not infringe any intellectual, industrial or image property rights, or any other rights of any third party. Photos must be of the ENTRANTS, and entries will not be allowed using photos of third parties or images taken from photography catalogues, regardless of whether they have been published in other media, and whether or not they are protected by copyright.
  2. The rights of any other person must not be infringed, and the images must not contain any defamatory or damaging abusive elements.
  3. They must not include any intimate, confidential or secret personal information, or any personal details of any third parties.
  4. They must be suitable for people of any age and must comply with any applicable law or regulation.
  5. They must not be considered by “LOTUS” to be offensive, sexually explicit, insulting, derogatory or inappropriate in any way.
  6. They must not be an attempt at advertising (either explicit or covert)

 

The “Selfie” photo must be uploaded together with the entry form at the time of registration.

Photos send to “LOTUS” email addresses with the aim of entering the promotion and/or complementing competition entry will not be admitted, and will be eliminated. Entrants may not take part in the COMPETITION with more than one photo.

Entries will be rejected and considered invalid if made outside the timeframe allotted for entry, if they do not include the minimum information required for registration, contain false or erroneous details and/or do not include the acceptance and approval expressly required in the entries according to the provisions set out in these terms and conditions.

Entries will not be allowed from users registered using temporary email accounts. Similarly, users may not enter with email addresses that relate to businesses or departments or sections of businesses (e.g. lotus@lotus.com, contabilidad@lotus.com, etc.) or which cannot ultimately be related to a specific individual.

Only personal Facebook profiles that are at least 3 months old and currently active may vote (false and inactive profiles may not enter, and any for which anomalies are detected will be disqualified).

Any entry and/or vote that infringes the above terms and conditions may be annulled without prior warning.

Selection of winners

The winners will be selected by a jury belonging to “LOTUS” in combination with votes on FACEBOOK from fans of the “LOTUS” page on this website. (https://www.facebook.com /LotusWatches)

There will be TWO winners, one male and one female, which will be chosen from among TEN finalists (5 men and 5 women). The finalists will be selected by a jury belonging to “LOTUS” and the winners will be chosen by votes made through the “LOTUS” Facebook page relating to this competition. (https://www.facebook.com /LotusWatches)

From all the photos received, the “LOTUS” jury, made up of a prestigious and renowned blogger, will select a group of FINALIST photos. The selection criteria will be: originality, artistic quality, and match for the brand image and for the objective of the COMPETITION. The finalists (5 women and 5 men) will be published on the Facebook age of ““LOTUS” International” https://www.facebook.com /LotusWatches on 19 January 2015. From that moment any internet user may vote for their favourite through the website provided by “LOTUS” for that purpose.

Voters may vote for a single male finalist and a single female finalist, so that only the first vote made in each group will be valid. Voting will close on 1 February 2015.

Finally, the winners (male and female) will be selected, based on who has received the most votes in their favour when the promotion ends. The non-winning finalists will act as substitutes for the winners, with the order of preference for all of them (winners and substitutes) based on the number of votes received. In the event of a tie, priority will be given to the person who previously received most votes in their favour.

Seven.- ADVERTISING, VALIDATION and DELIVERY OF PRIZES

The result of the voting and the announcement of the two winners and their substitutes will be published on the “LOTUS” International FACEBOOK” https://www.facebook.com /Lotus Watches on 2/02/2015, without any restriction as to any other “LOTUS” account on social networks (http://instagram. com /festinagroup/#LotusWatches, https://twitter.com/lotuswatches) referring to the result of the competition.

“LOTUS” will contact the winners by means of the telephone number or email address provided when registering to enter the competition. If in the space of 72 hours from the time the winners are selected it is not possible to contact the winners by either of the means described, or if the notification is returned as an invalid email account, it will disqualified, and the first substitute will be contacted. If contacting all the substitutes were also unsuccessful, in the same terms, the prize that they would have been entitled to will be cancelled.

Once contact has been made, for the winning entrant (or substitute, if applicable) to obtain the prize, they must reply by email within 7 calendar days once the result of the competition is released expressly accepting the prize and providing a full and correct postal address in Spain and their tax identity number or, if applicable, their Foreign Identity Number and/or passport.

Once the prizes have been accepted and the organisation and the winners agree on the specific date in March 2015 for the shopping day to take place, when they can enjoy the prize gift cheque.

Another condition for the prize to be validated is express acceptance by the winner (or substitute, if applicable) of the assignment of rights and conditions as regards use of the prize, as referred to in section nine of the terms and conditions.

 

Eight.- PERSONAL DATA and ELECTRONIC COMMUNICATIONS.

In accordance with Spanish legislation on personal data protection as set out by Organic Law 15/1999, “LOTUS” informs the participants of this promotion that the personal data provided will be added to a file, titled “MARKETING”, that contains personal details and is entered on the Data Protection Agency general register of privately owned files. The personal details of entrants resident in Spain will be used to manage participation in the competition and for marketing purposes relating to “LOTUS” and its products through future direct marketing activities. In contrast, any personal data provided by entrants resident in countries other than Spain will be used solely for the purpose of managing participation in the competition and will cancelled once this promotion has come to an end.

Participants provide the following personal details (hereinafter Personal Data) when completing the entry form: Full name, email address and contact telephone number. The winners must also provide their tax identity number and full address.

“LOTUS” guarantees strict observance of Personal Data Protection Law 15/1999, and under all circumstances the owners of said data may exercise the rights recognised by said law. Participants have the recognised rights of access, rectification, cancellation and objection by writing to FESTINA-LOTUS S.A. at Vía Layetana nº 20 4ª planta, 08003 Barcelona, indicating their personal details and attaching a copy of their national identity document, or by writing to the following email address: lopd@festina.com

By participating in the competition, entrants give their express consent for the Personal Data that they provide to be used for the exclusive purposes referred to in the previous paragraphs, as well as giving their consent to receive electronic communications in the terms of article 21 of the law on information society services.

 

Nine.- INTELLECTUAL PROPERTY RIGHTS. TRANSFER OF RIGHTS.

All competition entrants guarantee that they are the sole owner and holder of the intellectual property rights of the photograph sent, that it is original and free of any third-party copyright, exonerating “LOTUS” from any claims in this regard.

Competition entrants transfer to “LOTUS” the operating rights of the Selfie, including the rights of use, circulation, distribution, exhibition, public communication, dissemination and reproduction thereof, as well as the right of transformation to the extent necessary to be published on the official “LOTUS” profile on social networks (Facebook, Twitter and Instagram), on the official “LOTUS” brand website, press, P.O.P. material, trade fairs and events, etc., for the purpose of publicising the existence of the promotion, incentivising participation and releasing the result and overall outcome of the competition. Said rights are transferred free of charge, non-exclusively, without any geographic limitation and with the time limit of one year from the end of the competition, except in the case of the winners, which will be without any time limit.

The winners of the Competition expressly accept for their voice and/or image to be captured by any medium (photograph, video, etc.) both at the symbolic awarding of the gift cheque and during the shopping day in Madrid, and transfer to “LOTUS” the operating rights, including the rights of use, circulation, distribution, exhibition, public communication, dissemination and reproduction thereof, as well as the right of transformation to the extent necessary to be published on any device (electronic or otherwise) and on any medium (TV, press, trade fairs and events), the official “LOTUS” profile on social networks (Facebook, Twitter and Instagram), on the official “LOTUS” brand website, etc. Said rights are transferred to “LOTUS” non-exclusively, without any geographic or time limitation and free of charge.

The transfer of image rights referred to in the previous paragraphs, granted free of charge and without any geographic or time limitation, is a required condition for validation and for the prize to be awarded in its entirety.

The transfer of image rights referred to in the previous paragraphs, granted free of charge and without any geographic or time limitation, is a required condition for validation and for the prize to be awarded in its entirety.

 

Ten.- LIABILITIES

“LOTUS” reserves the right to make modifications (including early cancellation or suspension of the Initiative, and/or to add successive appendices to these terms and conditions for technical, operative, commercial or audience-related reasons), and will always publish these modifications and/or appendices on the “LOTUS” FACEBOOK page. “LOTUS” will be exempt from any obligation or compensation with regard to the entrants if for reasons of force majeure or legal imperative the competition has to be cancelled or suspended.

“LOTUS” is not and will not be held liable for the failure, loss or any irregularities that may occur when sending entry information caused by interferences in communication or by any other error or omission resulting from problems of telecommunication, traffic, congestion or connection to the internet, or any other cause not attributable to “LOTUS”.

Similarly, “LOTUS” cannot guarantee that the FACEBOOK website has no interruptions or suspensions due to unforeseeable internal or external causes, cases of force majeure or any other reason beyond its control, exempting “LOTUS” from any liability resulting from such facts and/or acts. In the event of interruptions of any kind in the FACEBOOK systems during the Competition period, “LOTUS” is under no obligation to extend the period available for entries, which will end on the dates indicated in this document, unless a decision is made otherwise.

Entrants give their undertaking that the information provided is full, accurate and up to date. “LOTUS” is unable to verify the authenticity of the information provided by entrants, and therefore rejects any liability that may result from any possible existing errors, omissions or falsehoods in the information provided by the entrants and winners. Similarly, “LOTUS” will be exempt from any liability in the event of any error in the awarding of any prize, provided this is due to causes beyond its control or due to a lack of diligence by the winner or the transport service, if applicable. Any false communication of personal details will give the organisers of this COMPETITION the right to disqualify a winner from participating and receiving the corresponding award.

In the event of “LOTUS” being the object of any claims made by third parties, either in or out of court, based on possible infringements of intellectual property rights or copyright of said third parties in relation to the photograph entered for the competition, the entrants responsible for having sent said photographs will be held liable for any expenses, costs and compensation payments that may arise from any such legal proceedings, and will be held liable against “LOTUS” or said third parties, as appropriate.

FACEBOOK, TWITTER and INSTAGRAM do not form part of the competition beyond their role as providers of the platform, and will not therefore be held liable for supplying the prizes or verifying the security of the entries. FACEBOOK bears no liability of any kind for the administration of the competition, its rules or the prizes awarded.

No claims will be admitted in relation to the prize draw and/or result thereof once 60 days have elapsed following the end of the promotion.

 

Eleven.- TAXATION

The competition prize would be liable to the applicable fiscal provisions in the place of residence of the winners, who will be liable for any present and future taxation, without detriment to the provisions of these terms and conditions. Accordingly, taking into account that “LOTUS” is a Spanish company, the company FESTINA LOTUS SA will be liable for the on-account payment or for applying the withholding referred to in the following paragraph.

The competition prize will be necessarily subject to the on-account payment of personal income tax or income tax for non-residents, unless the prize does not exceed the amount of €300. The rate for on-account payments is currently 19%, and the rate for non-residents without a permanent establishment is 24%, unless Spain has an Agreement to avoid double taxation, in which case the provisions of said Agreement will apply. “LOTUS” -LOTUS S.A. will make the on-account payment to the Treasury on behalf of the prize winner.

The prize is considered an investment return in kind, subject to the on-account payment that will be made by “LOTUS”, and the amount of which will not be charged to the client. “LOTUS” will therefore deposit the on-account payment for the persons receiving the prizes, as required by current tax regulations.

LOTUS will provide the competition winners the corresponding certificate for the purposes of their personal income tax/non-resident income tax returns as per current tax regulations.

 

Twelve.- ACCEPTANCE OF TERMS AND CONDITIONS

Participation in the COMPETITION implies acceptance of these terms and conditions, including the applicable obligatory taxation regulations and express acceptance of any decisions regarding interpretation of these terms and conditions as made by the organising company.

 

Thirteen. TERMS AND CONDITIONS DEPOSITORY

The terms and conditions of this promotion can be consulted on the following website, http://www.selfielotus.com, and have been deposited and recorded by the notary public office NOTARÍA RAMBLA at 55 de la Rambla de Cataluña, 53-55, 2º 08007 – Barcelona (Barcelona) and published on the Electronic Archive of Competition Terms and Conditions (ABACO), a general interest service provided by the General Council of Spanish Notaries Public, and published in www.notariado.org/liferay/web/notariado/e-notario/abaco and publicly available for viewing.

 

Fourteen.- APPLICABLE LEGISLATION AND JURISDICTION

Participation in this promotion implies acceptance of these terms and conditions, including the applicable obligatory taxation regulations and express acceptance of any decisions regarding interpretation of these terms and conditions as made by “LOTUS”.

These Terms and Conditions are governed by Spanish legislation, which will apply in all provisions not covered by this contract as regards it’s interpretation, validity and execution. The parties expressly waive any other legal privileges that may apply to them, as permitted by current legislation, and expressly submit to the Courts of the City of Barcelona to resolve any dispute that may arise in the interpretation or execution of these contractual conditions.