oysho Luxembourg/Luxemburg

TERMS AND CONDITIONS FOR THE DRAW FOR "5 SAMSUNG TAB 3 TABLETS"

One.- ITX Fashion Limited, domiciled at 5th floor, Hainault House, 69-71 St. Stephen's Green, Dublin 2, Republic of Ireland (hereinafter, the “Promoter”) organizes this draw (hereinafter, the “Draw”), which is governed by these rules (hereinafter, the “Rules”).Description of the Draw: - Organisation medium: The Draw shall be organised through http://www.oysho.com, hereinafter, the “Website”. - Territorial Setting of the Draw: to qualify for this Draw entrants must be resident in Spain, France, UK, Germany, Portugal, Greece, Holland, Belgium, Luxembourg or Austria, and must meet the requirements established in these Rules (hereinafter, the “Entrants”). - Subject matter of the Draw and entry procedure: To be entitled to enter the Draw, users must sign up for the Oysho newsletter. The Prize (as defined below) shall be drawn from among all these new users who sign up for the Oysho newsletter on the Draw entry dates.- Entry dates: The entry dates for the Draw will be 17 to 21 June 2013 (Spanish time), both inclusive. Entrants may enter the Draw at any time during the participation period. - Date upon which the Draw will be held: The Draw will be held on 25 June 2013.- Manner in which the draw will be held: The Draw will be made randomly and five (5) prize winners (hereinafter, the “Prize Winners”) and seven (7) reserves will be drawn; the latter will be designated prize winners in the event that any of the prize winners cannot be contacted within the two (2) days following the date of the initial communication to notify them that they are Prize Winners. - Prize: The prize for each of the Prize Winners Consists of one (1) Samsung Note 8 Tablet (hereinafter, the "Prize"). - Approximate value of the Prize: The approximate value of the Samsung TAB 3 is €420. - Publication date of the Prize Winners: The Promoter may contact the Prize Winners via e-mail or telephone to notify of their status as Prize Winners. The Prize will be awarded within the maximum period of one month from the date of the holding of the Draw.The names of the Prize Winners will be published on the Website on 27 June 2013. Two.- Any person who meets the requirements indicated in the present Terms and Conditions and who (i) is at least 18 years of age; (ii) has the legal capacity to be bound and give their consent in accordance with the applicable legislation; (iii) where applicable, is a legitimate user of the Social Network pursuant to the terms and conditions of use of said Social Network (iv) reads and accepts the present Rules (v) complies with the participation procedure established in the present Rules, providing the information and data which the Promoter may require to administer the present Draw, may be an Entrant.The draw is free, so there is no requirement for Entrants to pay any sum whatsoever or purchase any product or service to enter. Three.- The Entrants enter the Draw under their own exclusive risk and responsibility. The Promoter reserves the right to require at any time accreditation of compliance with any of the requirements specified in the present Rules.Four.- The Promoter shall administer the Draw through the Website, employing to this end and for the purposes of publicising the same to the greatest possible extent, all manner of Internet media and resources, among others, any websites belonging to the Promoter and to the Iditex Group, as well as their respective blogs and profiles on social networking sites (hereinafter, jointly, the “Web Media”).Five.- The Promoter reserves the right to modify these Rules, either totally or partially, subsequent to the public notification thereof through the Website, as well as to interrupt or terminate the Draw at any moment. The present Rules will be publicly available through the Website for consultation thereof by the Entrants, notwithstanding that which the national regulations of reference may establish in this regard. Six.- In the event of the Draw requiring Entrants to submit any type of materials which may give rise to intellectual or industrial property rights, and those affecting the honour, personal and family intimacy, personal image, or of any other nature (hereinafter, the “Materials”), the following requirements must be met: (i) the Materials may be of any type, provided that the reason is that indicated in the current Rules; (ii) the Materials may not display or reproduce the image of any minor under eighteen (18) years of age; (iii) the Materials may not display or reproduce the image of any third party, without having obtained beforehand express consent from the same or from the legal representative thereof, where appropriate; (iv) prior to the submission of the Materials to the Draw, Entrants must obtain express consent from those third parties who are represented in the same, for the presentation of said Materials for the Draw; the use of their personal image for commercial, advertising or similar aims and for the purposes of promoting this Draw; and the granting of the licence established in these Rules, with Entrants having to remit the document accrediting having obtained consent from third parties, when said consent must be requested, to the address indicated in these Rules; (v) the Materials may not unlawfully reproduce another individual's work, understood as such any work not authorised by the author thereof or by the Law, products, brands or any other distinctive sign of third parties; (vi) the Materials must not be, at the discretion the Promoter, unlawful, offensive, defamatory, inappropriate or contrary to the current regulations on morality or public order; (vii) the Materials must comply with all the policies and terms of use of the Social Network.Moreover, in the event that the Draw requires Entrants to submit Materials, entry to the Draw involves and constitutes: (i) the granting by each and every one of the Entrants to the Sponsor of a free, worldwide license for the Sponsor and/or any third party authorised by the Sponsor to use the Materials (including the rights of reproduction, public communication and transformation thereof), through the Web Media, and solely for the purposes of promoting the Draw which shall include the period during which the Draw is conducted and the six months following the termination thereof; (ii) the granting by each and every one of the Entrants to the Promoter, both in their own name and on their own behalf and in name and on behalf of those third parties which may appear in the Materials, of a free, worldwide license to use the Materials (including the rights of reproduction, public communication and transformation thereof), through the Web Media, and solely for the purposes of promoting the Draw, which shall include the period during which the Draw is conducted and the six months following the termination thereof.Licenses granted in accordance with the foregoing, shall be understood to have been made with the power of assignment to third parties (exclusively for those purposes which are essential for the development, implementation and management of the Draw, pursuant to these Rules); and for a period from the starting date of the Draw until six (6) months after the date upon which the Prize Winners of the Draw are published on the Website. Subsequent to said period, the Promoter shall refrain from using any of the elements which are the object of licences established in this Clause. Notwithstanding the foregoing, the continued or involuntary use of the same through the Web Media shall not constitute any manner of breach, provided the Promoter takes reasonable measures to ensure that the same are withdrawn and cease to be used, once the envisaged period has concluded or whenever, owing to the nature of the aforesaid elements, the use thereof extends beyond the deadline indicated. The Entrants acknowledge and accept that, given the nature of the Internet and the characteristics inherent to the digital setting in which the Draw is to be held, once the Materials have been published on the Website, it is possible that the same, along with any other elements which are the objects of licences established in the present Clause, will remain available through the Internet, with no temporal or territorial constraints whatsoever and beyond the control and responsibility of the Promoter.Seven.-Irrespective of any other measure established in these Rules, the breach of any of the terms included in these Rules, during any phase or at any moment of the Draw, may result in the disqualification of the Entrant and/or the withdrawal of the Materials in question, as applicable, at the exclusive discretion of the Promoter.Eight.- The Prize is personal, non-transferable and non-redeemable for cash or any goods or services. The Prize comprises solely and exclusively those elements indicated in these Rules; accordingly, the Promoter will accept no additional cost other than those mentioned in these Rules. Nine.- On the Date of publishing the names of the Prize Winners of the Draw, the Promoter shall publicly announce the Prize Winners of the Draw on its Website and shall contact the same to notify them of their status as Prize Winners and to organise the presentation of the Prizes, availing itself of the e-mail addresses and/or telephone numbers provided in the setting of the Draw. For the purposes of making the Draw resolution and the names of the Prize Winners public, the Promoter shall be authorised to disseminate the names thereof through the Website and Web Media.Ten.- In the event that the Prize Winners do not respond (or do so unsatisfactorily) to the Promoter's communications within the two (2) days following the initial communication, they will lose the right to the Prize. In this case, in the same way as when a Winner renounces his/her right to the Prize, the Promoter shall be free to award the same to another Entrant. In no case does the expiry of the deadline indicated in the present Clause, or the renouncement of the Prize, give grounds for the invalidity or revocation of the licences granted by virtue of these Rules. For the presentation of the Prize, the Promoter may request accreditation of the Prize Winners' identity. Tax regulations may require the the application of deductions on the Prize, as well as the signature by the Prize Winners of certain fiscal documents pertaining to the aforesaid deductions.Eleven.- Entry to the Draw implies and constitutes, in addition to any other elements referred to in these Rules: (i) acceptance of these Rules and the conditions and terms of use of the Social Network; and (ii) the granting by the Prize Winners to the Promoter and/or any third party authorised by the Promoter, of an authorisation for the use of their names for the purposes of publishing the names of the Winners on the Website and on the Web Media. Twelve.- By entering the Draw, the Entrants declare and guarantee: (i) that they accept these Rules, (ii) that they meet all necessary requirements for the purposes envisaged herein; (iii) that the information and/or the data facilitated within the setting of the Draw are true and accurate; (iv) that they are in possession of the necessary written authorisations and licenses, pursuant to these rules, and/or are the holders of all rights (including, without limitation whatsoever, intellectual or industrial property rights, and those affecting the honour, personal and family intimacy, personal image, or of any other nature) on the Materials; (v) in the event of it being necessary, that they have obtained in writing from the third parties displayed or reproduced in the Materials, the right to exploit their rights on their own image included in the Materials, and the right to assign or licence the aforesaid right to any third party, to the extent required to allow the exploitation of the Materials, through the media indicated in Clause Four, and solely for the purposes of promoting the Draw; and (vi) that the Materials: (a) and rights of third parties (including, but not limited to intellectual or industrial property rights, and those affecting the honour, personal and family intimacy, personal image), (b) do not include phrases, images or any other element which may violate the rights of intimacy, image or honour of individuals, and (c) do not contravene any regulation which may be applicable.By virtue of the foregoing, the Entrants shall indemnify the Promoter, and/or any other other company in the Inditex Group, for all costs and damages which may derive from: (i) any claim of any type made by third parties alleging that the Materials violate their rights; (ii) any inaccuracy or falsehood in the information and/or data supplied and/or disseminated through the Website, the Web Media, or any other media employed within the setting of the Draw, or (iii) breach of any of the guarantees, promises or assertions established in the present Rules. Thirteen.- Notwithstanding that stipulated in the previous clause, the Promoter shall be entitled to: (1) block and delete any of the Materials available through the Website, the Web Media, or any other media employed within the setting of the Draw which, in its judgement: (i) may be considered unlawful, offensive, inappropriate or contrary to morality and public order, or which in any other way may be considered to violate the rights of third parties and/or any regulations which may be applicable; (ii) for any reason impede or hinder entry to the Draw, access to the Website, to the web media, or to any other media employed in the setting of the Draw; or (iii) contravene any of the provisions of the present Rules; (2) discretionally prevent access to the Website, Web Media, or to any other media employed within the setting of the Draw, on the part of those Entrants who, in its judgement, may have violated any of the stipulations or guarantees established in these Rules.Fourteen.- The Promoter shall not be held responsible: (i) for any shortcomings, breakdown or malfunctioning of telecommunication systems, of the Application, of the Website, of the Web Media, or of any other media employed within the setting of the Draw, or for any delay in the transmission of the Materials, or for the lost thereof derived from any of the aforesaid circumstances; (ii) for any shortcomings or damages which may be caused to the Entrants as a consequence of using the Application or the computer applications of those third parties required to enter the Draw, or those applications implemented on the Website, the Web Media, or any other media employed within the setting of the Draw; (iii) for the use that third parties, including Internet users, may make of the submitted Material, which may be disseminated publicly within the setting of the Draw. Fifteen.- By checking the box accepting the Rules, Entrants state that they are aware of and expressly except that the Promoter will treat the personal data provided by the Entrants, without prejudice to the ends of which the Entrants were informed and expressly accept in the Privacy Policy available on the Website, for the development, implementation, and management of the Draw. The Entrants also authorise the treatment and communication of certain personal data, including the dissemination of their name and image on the Internet through the Website and the Web Media, for developing, implementing and exploiting the results of the Draw for commercial and promotional purposes. The Entrants expressly consent to the treatment of the data for the purposes envisaged herein, including – if necessary for the development, conduct and management of the Draw– the communication or assignment of the aforesaid personal data to professional third parties related with the logistics sector, as well as the holding company Industria de Diseño Textil, S.A. (INDITEX, S.A.) and to other companies in the Inditex Group, insofar as they are directly involved, and whose activities are related with the sectors of e-commerce,decoration, textiles, finished clothing and household products, as well as any other which may be complimentary to the aforesaid sectors, including cosmetics and leather goods. Once the Draw, as well as all the processing or promotions pertaining to the same, have concluded, after a period of six (6) months, the personal data gathered in the corresponding databases with the aim of administering the Draw shall be deleted. Entrants may, in all cases, exercise their rights of access, rectification, cancellation or opposition, by remitting a written communication and photocopy of the documentation accrediting their identity, to the attention of “Función LOPD” at the following address: Avenida da Diputación, Edificio Inditex, Arteixo (A Coruña), or to the e-mail address: funcionlopd@inditex.com. In the event the aforesaid rights being exercised, and that as part of the personal data we have been furnished with consists of the e-mail address, we would be grateful if specific mention be made of this circumstance in the aforesaid communication, indicating the e-mail address with regard to which the rights of access, rectification, cancellations and opposition are being exercised.Sixteen.- The present Draw is not sponsored, guaranteed or administered by, or associated in any way with the Social Network. The Entrants shall hold the Social Network harmless of all liability. The information that Entrants submit within the setting of the Draw is not submitted to the Social Network, but to the Sponsor. Seventeen.- These Rules shall be governed by Spanish Law. In the event of any discrepancy between versions in other languages, the Spanish version shall prevail.Eighteen.- These Rules are applicable to the Entrants, without prejudice to those mandatory regulations which may be applicable.

OYSHO’S PRIVACY STATEMENT

TERMS AND CONDITIONS FOR THE DRAW FOR "5 SAMSUNG TAB 3 TABLETS"