LEGAL BASES FOR PARTICIPATION IN THE PROMOTION

1.- ORGANIZING COMPANY OF THE PROMOTION

The company Montojo y Movellán Textil SL with address at Calle Isaac Newton 4, sixth floor, 41092, Seville and identification number B87375473 (hereinafter "The Organizer") organizes for promotional purposes the raffle (hereinafter, "the Promotion") of scope national, to be developed through the Internet, exclusively for users residing in Spain and in accordance with the provisions of the conditions for participation section.

 

2.-START DATE AND END DATE

The Promotion will start on November 26, 2020 at 11:00 a.m. and will end on November 30, 2020 at 11:59 p.m.

 

3.- PARTICIPATION REQUIREMENTS AND PROMOTION MECHANICS

The participation requirements will be the following:

• Those people residing in Spain may participate.

• Only those participants who meet the following requirements may participate: The draw will be held on the Instagram social network. It will consist of sharing the raffle publication published by @mim_shoes and Influencers authorized by The Organizer, tagging @mim_shoes, mentioning as many people as you want in the publication, following @mim_shoes and entering a valid email. We will randomly raffle 120 pairs of shoes from The Organizer among the participants who meet the required requirements from 11:00 a.m. on November 26, 2020 until 9:00 p.m. on November 26, 2020. the Fiat 500, which appears in the draw publication of The Organizer, from November 26 at 11:00 a.m. to November 30, 2020 at 11:59 p.m.

• The personal data with which the participants fill in the registration form must be true data.

• Participants may only enter once during the draw.

 

 

4.- CONDITIONS OF THE PROMOTION AND PRIZES

Participation in the raffle will be valid from November 26, 2020 to November 30, 2020, both inclusive. No entries will be registered outside of those dates.

Participants must:

• Reside in Spanish territory.

• Comply with the conditions explained in the Instagram publication of The Organizer.

Participation in the Promotion implies that the participant meets the established requirements and that they respect and comply with the conditions of Instagram. Instagram does not sponsor, endorse or administer the Promotion in any way, nor is it associated with it.

The winners will be chosen among the participants in a totally random way.

121 prizes will be raffled:

One winner will receive a FIAT 500 car with a “Sport” finish valued at €10,600.00. It will be the car shown in the publication of The Organizer. This award does not cover travel expenses, vehicle transportation, allowances, taxes, insurance or any other that may arise for the awarded user for enjoying it. The Prize will be subject to the following conditions: • It may not be subject to any change, alteration or compensation at the request of the winning participant.

• The winning participant may waive the prize obtained, but in no case will an alternative prize be offered, nor will said waiver give the right to indemnity or compensation.

• The participant must pick up the car at the address and date agreed with the Organizer.

120 winners will receive a pair of shoes from The Organizer, the choice of models will be made by the winners themselves within a selection sent to each one by The Organizer.

The prizes are non-transferable and cannot be exchanged for money. The Organizer reserves the right to substitute the prize for another similar one of the same or greater value in case of force majeure. In no case may prizes be exchanged for their cash value.

The winner must contact The Organizer via email sorteo@mimshoes.com or via private message on the official Instagram profile @mim_shoes within a maximum period of 15 days from the end of the draw.

The Organizer declines any responsibility for damages of any nature that may be due to the temporary lack of availability of the prizes, or the inability to pick up the vehicle by the winning person. The Organizer declines any responsibility in the event that the exposed action cannot be held due to duly accredited force majeure. That is, earthquake, flood, fire, epidemic, pandemic, accident, explosion, death, labor dispute, riot, civil disturbance, war or armed conflict, terrorist act or threat, or any other cause or causes of a similar nature beyond our control reasonable of one of the parties in which case, the contract would be cancelled, without any type of compensation for any of the parties.

Likewise, The Organizer reserves the right to modify these Bases at any time, including their possible cancellation before the predetermined period, provided that some event of force majeure occurs, committing to communicate the new Conditions, or the definitive cancellation. These Bases are available to anyone who requests them from The Organizer and are available on the Organizer's website, www.mimshoes.com, during the days the Promotion lasts.

 

5.- LIMITATIONS

If it is evident that any of the participants does not meet the requirements set forth in the Bases, or the data provided to participate is not valid, their participation will be considered void and they will be automatically excluded from the Promotion, losing all rights to the prizes awarded under of this Promotion.

The following people may not participate in the Promotion: (i) Employees employed in any of the companies and other entities with legal personality linked to The Organizer (ii) Individuals who participate directly or indirectly in the capital of The Organizer (iii) Any other natural person who has participated directly or indirectly in the organization of the Promotion or has been directly or indirectly involved in its preparation or development (agency, suppliers, etc.).

The prize awarded will not be transferable or subject to changes, alterations or compensation at the request of the participants, and cannot be exchanged for any other product or for money.

Montojo y Movellán Textil SL reserves the right, if there is just cause and prior legal communication, to make any change, suspend or extend this Promotion.

Any tax or tax charge that acceptance of the prize may entail, as well as any other expense derived from the Promotion that is not expressly assumed by Montojo and Movellán Textil SL in these Legal Bases, will be borne by the winner.

A period of FIFTEEN (15) calendar days is established from the date of awarding the prize, to make any reasoned claim. Reserves, if necessary, the right to replace the prize with another of similar characteristics within those chosen by the Organizer.

 

6.- WAIVER OF PRIZES:

The Organizer will have no obligation to deliver the prize in the following cases:

• If for any reason the Winner does not accept the prize.

• If the Winner does not accept the transfer provided for in the subsequent section of the image rights of the photos at the time of awarding the prizes, for their advertising use by the company.

• If the Winner refuses to provide their personal data so that the Organizer can manage the delivery and promotion of the prize, as well as those necessary to carry out and comply with the tax obligations determined by Law 35/2006 of November 28 and the Royal Decree 439/2007 of March 30. Said personal data refers to the name and surname and NIF/NIE.

• In the event that the winner does not contact The Organizer within the stipulated period of 15 days, or if they expressly reject the prize for any reason, The Organizer will go to the reservation records in order of extraction.

• Once the prize is accepted, the winner will receive a private message via e-mail explaining how to proceed to deliver it. In the event that the prize is rejected by all, winner and reserves, the Promotion will be declared void.

 

7.- IMAGE RIGHTS:

Through their participation, clients accept that their name and image may be published by the Organizer in any means of communication, without the need for consent, or additional payment, where required. With the acceptance of the prize, the winner assigns to the Organizer the image rights on the photos that are taken at the time of awarding the prize.

 

8.- TAXATION:

In accordance with the applicable legislation, the winner is informed that the prize obtained is considered, for its purposes, a capital gain not derived from transmissions, being subject to direct taxation (IRPF), being the responsibility of the same the fulfillment of its fiscal obligations. .

 

9.- PUBLICATION OF COMMENTS OR OPINIONS

Comments or opinions whose content is considered inappropriate, that are offensive, insulting or discriminatory or that could violate the rights of third parties will not be allowed. Nor will they allow comments against an individual that violate the principles of the right to honor, personal and family privacy and one's own image. We will not be responsible for the damages caused by the comments made by the participants in the Promotion, and that at any time could hurt the sensitivity of other participants.

 

10.- EXEMPTION OF LIABILITY

By way of example, but not limitation, The Organizer is not responsible for possible losses, thefts, delays or any other circumstance attributable to third parties that may affect the development of this Promotion, nor is it responsible for the use made by the participant regarding of the prize obtained from this Promotion, and does not assume any responsibility for any damage or harm of any kind that the participants, winners or third parties may suffer.

The Organizer does not assume responsibility in cases of force majeure or fortuitous event that could prevent the promotion from being carried out or the total or partial enjoyment of the prize. In the event that this Promotion could not be carried out, either due to fraud detected in it, technical errors, or any other reason that is not under the control of Montojo y Movellán Textil SL and that affects the normal development of the Promotion, the Organizer will reserves the right to cancel, modify, or suspend it, including the participation website.

 

11.- FACEBOOK AND INSTAGRAM

The Promotion is not sponsored, endorsed, administered or associated in any way with Facebook/Instagram, therefore, the participants release Facebook from any responsibility for any damages derived from it.

 

12.- PROTECTION OF PERSONAL DATA

The company responsible for processing your data is Montojo y Movellán Textil SL with address at Calle Isaac Newton 4, sixth floor, 41092, Seville and identification number B87375473.

Montojo y Movellán Textil SL takes the protection of privacy and personal data very seriously. Therefore, the personal information of the participants is kept securely and treated with the utmost care.

In accordance with the provisions of the applicable regulations on data protection, and specifically in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons in Regarding the processing of personal data and the free circulation of these data, each participant, by accepting these Legal Bases, consents that the personal data provided for participation in the Promotion be incorporated into a file owned by Montojo y Movellán Textil SL to process the participation in it and to notify you of the prize in case you were a winner. By entering their email, in turn, all participants accept the use of their data for promotional purposes by Montojo and Movellán Textil SL.

The Participants guarantee that the personal data provided is true and are responsible for notifying Montojo and Movellán Textil SL of any changes thereto. Montojo y Movellán Textil SL reserves the right to exclude from this Promotion any participant who has provided false information. It is recommended to have the utmost diligence in terms of Data Protection through the use of security tools, and Montojo y Movellán Textil SL cannot be held responsible for illegal theft, modification or loss of data.

The Participants have the right to (i) access their personal data, as well as (ii) request the rectification of inaccurate data or, where appropriate, request its deletion, (iii) request the limitation of the processing of their data, ( iv) oppose the processing of your data and (v) request its portability. Participants can exercise all these rights at the following email address hola@mimshoes.com indicating the reason for their request.

Without prejudice to any other administrative appeal or judicial action, the participant will have the right to file a claim with a Control Authority, in particular in the Member State in which they have their habitual residence, place of work or place of the alleged infringement, in in the event that you consider that the processing of your personal data is not adequate to the regulations, as well as in the event that the exercise of your rights is not satisfied.

The Control Authority to which the claim has been filed will inform the claimant about the course and result of the claim.

For more information, you can consult the privacy policy of Montojo y Movellán Textil SL through the following link: https://mimshoes.com/pages/politica-de-privacidad

 

13.- CHANGES

We reserve the right to modify or extend these promotional bases before the Promotion is given, to the extent that it does not harm or impair the rights of the participants in the Promotion.

 

14- APPLICABLE LAW AND JURISDICTION

These legal bases will be governed in accordance with Spanish law. The Courts and Tribunals of the city of Madrid will be competent to resolve any claim or controversy that may arise in relation to the validity, interpretation or compliance with these bases.