Legal notice

BASIC INFORMATION ON DATA PROTECTION FOR ENTRANTS

Data Controller:

BERSHKA BSK ESPAÑA, S.A.

Purposes and Legal Basis: If you decide to participate in the Promotional Action, we will use your data to manage your participation in the Promotional Action and its processing, and in case we need to communicate with you regarding the prize.  In order to participate in the Promotional Action you must accept the legal terms, which provide the legal basis for us to deal with your personal data for the processing of the same.   

Data Recipients: We will share your data with service providers and partners inside and outside the European Union who support us in the management of the Promotional Action, and who have given us the appropriate guarantees to protect the security of your data. The legal basis for dealing with your data is your acceptance of these legal Rules.

Rights: You have the right to Access, rectify, or erase your personal data, in addition to other rights detailed in Clause 15 of the Rules, by sending an email to dataprotection@bershka.com. In order to identify your request please indicate the right that you would like to exercise, and include the reference « Bershka On Stage Contest Tickets »

Additional Information: Please see the section regarding privacy in Clause 15 below and the Privacy Policy available to view at www.bershka.com

TERMS AND CONDITIONS FOR THE PROMOTIONAL ACTION « ON STAGE TICKETS » by Bershka

1.- Bershka BSK España, S.A.a Spanish company with registered offices at Avda. de la Diputación, Edificio Inditex, 15143, Arteixo (A Coruña), Spain , with VAT No, A-78276854  (hereinafter, the “Promoter”), organises this Promotional Action (hereinafter, the “Promotional Action”), which shall be governed by these rules (hereinafter, the “Rules”).

Description of the Promotional Action:

• Organisation medium: The Promotional Action shall be organised through the microsite http://www.onstage.bershka.com from the website www.bershka.com (hereinafter, the « Website »), and through the profile of Bershka on the Instagram (https://www.instagram.com/bershkacollection/), Facebook (https://www.facebook.com/bershka) and Twitter https://twitter.com/bershka pages which together defined here as the “Social Network”.

• Eligibility to participate in the Promotional Action: Any person legally resident in Spain who completes the entrance requirements specified in the Clause 2 of these Rules (hereinafter the “Entrants”).

• Employees of the Inditex Group may not participate in the Promotional Action, nor any third party who has participated in any way in the administration of the Promotional Action.

• Subject matter of the Promotional Action and entry procedure:

The Promotional Action consists of a prize draw.  To participate in the prize draw, the Entrants must correctly complete the following actions:

1. Enter the prize draw via the Bershka microsite http://www.onstage.bershka.com
2. Fill in their details in the form on the microsite
3. Understand and accept the Rules of the prize draw

Only one entry per person is permitted, on the basis of the identity of the person who has submitted their details.

• Entry dates: From 00.00hrs (GMT+2) on 29 April 2019 until 00.00hrs (GMT+2) on 3 May 2019, both inclusive. These dates will also be announced on the Bershka microsite http://www.onstage.bershka.com, and on the Bershka social media pages on Instagram, Facebook and Twitter

• Date of selection of the winners: 6 May 2019, and in all cases within 6 days of the date of closure of the prize draw.

• Manner in which the winners will be selected: Out of all Entrants who fulfilled the requirements for participation, fifteen winners will be selected at random (hereinafter, the “Prize Winners”).

• Prize: The prize for each Prize Winner is two tickets to the concert that will be held on 9 May 2019 in the Bershka store on Portal del Angel, Barcelona – whose address is Bershka de Portal del Angel 24 de Barcelona (España) (hereinafter the « Prize”).

• The Prize solely consists of the elements stated in these Rules, and for this reason the Promoter does not assume any additional cost other than mentioned in these Rules.  The Prize may not be exchanged for any other prize or for a cash equivalent.

• Approximate value of the Prize: The value of the Prize is approximately 140 euros for the two entrance tickets.

• Date and place of the publication of the names of the Prize Winners: 6  May, the Prize Winners will be contacted by email by the Promoter, who may ask for the Prize Winner’s full name and ID card, passport, or other valid ID document as proof of identity.   

• Time period for Prize Winners to respond to communications from the Promoter: Prize Winners have a period until and including 7 May2019 to respond to the Promoter’s communication in which they were informed of their status as Prize Winner.

2.- Any person may be an Entrant who meets the requirements indicated in these Rules 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 these Rules (v) complies with the participation procedure established in these Rules, providing truthfully and completely the information and data which the Promoter may require to administer this Promotional Action.

The Promotional Action is free, so there is no requirement for Entrants to pay any sum whatsoever or purchase any product or service to enter.

Those Entrants who request it, and which under their applicable legislation are eligible to, will be reimbursed by the Promoter with the connection costs required for participating in the Promotional Action to a maximum of 3 minutes of connection per Entrant . Free connections do not generate right to demand reimbursement. The reimbursement request must meet the following requirements: (i) request in writing to the Promoter at the address stated in clause One sooner than 15 days as from the date of completion of the Promotional Action (ii) state the name, address and email of the applicant, (iii) attach a copy of the invoice from the service provider detailing the costs incurred in connection to participate in the Promotional Action (iv) indicate the bank details in order to make the reimbursement.

At the request of the Entrant, if under its applicable legislation is eligible to, may also be reimbursed for applicable shipping charges (20 grams weight). Reimbursements will be made within 60 days as from the receipt of the request, after verification of compliance with the requirements stated, including the accuracy of the information provided with that derived from participation in the Promotional Action.

3.- The Entrants enter the Promotional Action voluntarily, 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 these Rules.

4.- The Promoter shall administer the Promotional Action through the Website, employing for this 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 Inditex Group, as well as their respective blogs and profiles on social networking sites (together, the « Web Media »)

5.- The Promoter reserves the right to modify these Rules, either totally or partially, subsequent to the public notification thereof through the Website, or by any other means by which publicity has been given to the Rules, to avoid any damage to Entrants, as well as to interrupt or terminate the Promotional Action at any moment and without compensation, unless stated otherwise herein, with efficacy as from the date of publication on the Website. In the event that such termination was caused by intentional conduct of the Entrant, the Promoter can claim damages from this person.

These Rules will be publicly available through the Website for consultation thereof by the Entrants, as well as free shipping for the Entrants who request it by writing to the address stated on clause One and for which this right is established in their national legislation of reference.

6.- In the event of the Promotional Action 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, such as – without limitation – photos, videos, text, artistic creations, or any other type of work (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 these 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. If exceptionally, the dynamic of the Promotional Action implies the need that Materials include a third-party image, will require that the Entrant has previously obtained the express consent of such third-party, for submitting the Materials to the Promotional Action, exploiting their personal image for commercial, advertising or similar purposes and for the promotion of this Promotional Action and grant the licence set forth in these Rules. The Entrants shall send to the address indicated in these Rules the document evidencing the obtaining consent from the third parties contained in Annex I to these Rules; (iv) the Materials may not unlawfully reproduce another individual’s work, understood as such any work not authorized by the author thereof or by the applicable law, products, brands or any other distinctive sign of third parties; (v) 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; (vi) the Materials must comply with all the policies and terms of use of the Social Network.

If the Promotional Action requires Entrants to submit Materials, entry to the Promotional Action involves and constitutes: (i) the granting by each and every one of the Entrants to the Promoter of a free, worldwide license for the Promoter and/or any third party authorized by the Promoter 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 Promotional Action which shall include the period during which the Promotional Action 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 on its own behalf and on behalf of third parties that may appear in the Materials, of a free, worldwide licence 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 Promotional Action, which shall include the period during which the Promotional Action is conducted and the six months following the termination thereof.

Licences granted in accordance with the above, 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 Promotional Action, pursuant to these Rules); and for a period from the starting date of the Promotional Action until six (6) months after the date upon which the Prize Winners of the Promotional Action are published on the Website. Subsequent to said period, the Promoter shall refrain from using any of the elements which are the object of licenses 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 Promotional Action 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 this Clause, will remain available through the Internet, with no temporal or territorial constraints whatsoever and beyond the control and responsibility of the Promoter.

7.-Irrespective of any provisions of these Rules, the breach of any of the terms included in these Rules, at any time during Promotional Action, 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.

8.- 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.

9.- On the Date of publishing the names of the Prize Winners of the Promotional Action, the Promoter the Prize Winners shall contact the Prize Winners by email to notify them of their status as Prize Winners and to organise the delivery of the Prizes, using the e-mail address provided at the outset of the Promotional Action. For the purposes of publishing the results of the Promotional Action and the Prize Winners of the same, the Promoter shall be authorised to communicate the names thereof through the Website and Web Media.  In the same way, either directly or via third parties, the Promoter will be authorised to interview, photograph or record the Prize Winners, at the time that they receive the Prize or enjoy the same, agreeing to collaborate in this way and consistent with the use of the materials in question on the same conditions as indicated in these terms regarding the Materials and also during the publication across whatever written medium including without limitation, magazines, newspapers and newsletters.

10.- In the event that the Prize Winners do not respond (or do so unsatisfactorily) to the Promoter’s communications within the time period set in Clause 1 above, or also in case the Prize could not be delivered to Prize Winners for reasons beyond the Promoter´s control, they will lose the right to the Prize. In this case, in the same way as when a Prize Winner rejects 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 this Clause, or the rejection of the Prize, give grounds for the invalidation or revocation of the licences granted by virtue of these Rules.

The Prize will be delivered in the time period and method stated here. For the delivery of the Prize, the Promoter may request proof of the Prize Winners’ identity. Delivery of the Prize may be subject to prior signature by the Prize Winners of a document in which they accept the Prize, the contents of which will be in accordance with these Rules. Breach of this obligation, if so required by the Promoter, shall imply a waiver of the Prize, which will be awarded to the next appropriate person under these Rules. 

Tax regulations may require the application of deductions on the Prize, as well as the signature by the Prize Winners of certain fiscal documents relating to those deductions. In any case, any duty, tax or similar figure that under the applicable legislation they must satisfy, will be at the Prize Winner’s expense. Therefore, the Promoter will be relieved from any tax liability of the Prize Winners.

11.- Entry to the Promotional Action 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, whose contact details shall be communicated to the Prize Winners on a written request, of an authorisation for the use of their names for the purposes of publishing the names of the Prize Winners on the Website and on the Web Media.

12.- By entering the Promotional Action, the Entrants declare, acknowledge 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 Promotional Action 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 Promotional Action; and (vi) that the Materials: (a) do not violate 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 this, the Entrants shall indemnify (compensate) the Promoter, and/or any other company within 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 Promotional Action, or (iii) breach of any of the guarantees, promises or assertions established in these Rules.

13.- Without prejudice to 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 Promotional Action which, in its judgment: (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 or laws which may be applicable; (ii) for any reason impede or hinder entry to the Promotional Action, access to the Website, to the web media, or to any other media employed in the setting of the Promotional Action; or (iii) contravene any of the provisions of these Rules; (2) discretionally prevent access to the Website, Web Media, or to any other media employed within the setting of the Promotional Action, on the part of those Entrants who, in its judgment, may have violated any of the stipulations or guarantees established in these Rules.

14.- 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 Promotional Action, 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 Promotional Action, or those  applications implemented on the Website, the Web Media, or any other media employed within the setting of the Promotional Action; (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 Promotional Action. The Promoter shall not be liable for the delays, losses or damages not attributable to it. Likewise, the Promoter shall not be liable for force majeure events (such as strikes, etc.) which might totally or partially prevent Prize Winners from enjoying the Prize. The Promoter shall not be liable for any damages that might arise as consequence of the mentioned cases, as well as it shall not be liable for any damages that might derive from enjoying the Prize.

15.- Privacy Policy for the Promotional Action:

The personal data of the Entrants needed in order to participate in the Promotional Action via the means described in these Rules, will be treated by the Promoter responsibly, with the aim of managing the Promotional Action, as well as its implementation and follow up.  The legal basis for the processing of the Entrants’ personal data is the acceptance of the terms and conditions contained in these Rules that the Entrants have to accept to join the Promotional Action.

To achieve the purposes mentioned, the Entrants and the Prize Winners are hereby informed that the Promoter may be required to disclose or assign the Entrants’ personal data to certain companies within the Inditex Group (whose main business activities are related to the following sectors: decoration, textile, finished clothing and homeware, and any other complementary sectors, including cosmetics and leather goods, and the development and support of electronic commerce) and third parties who provide support in the management of the Promotional Action, for example in connection with IT, logistics, transport, couriers or also third parties in connection with the supply of the Prize. 

In some cases and for the efficiency of the service, some of those suppliers mentioned may be situated in territories outside the EU, that may not offer the same level of data protection equivalent to the EU.  In those cases, the Entrants are hereby informed that their data will be transferred with adequate safeguards and always retaining the safety of their data.  Additionally, the suppliers will either by certificated in Privacy Shield (https:///www.privacyshield.gove/welcome) or we have agreed with them Standard Contractual Clauses approved by the EU Commission, whose content may be viewed in the following link: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.

If the Promotional Action provides personal data of the third parties, the Entrants guarantee to be informed to those third parties and have obtained the same consent necessary for the aims detailed in these Rules, including the use of their name and image in the Internet through the Web Media, for the purpose of processing and publicising the results of the Promotional Action.  The Promoter reserves the right to require the Entrants and/or the Prize Winners, proof of having complied with the requirements of information and consent as previously mentioned in order to be able to deal with such personal data.

At the end of the Promotional Action, all personal data that have been gathered in this regard together with the treatments and steps related to it, and held in databases in accordance with these Rules, will be erased no later than 6 months after the end of the Promotional Action.

Exercise of Data Protection Rights: The Entrants and/or Prize Winners may at any time exercise their rights of access, rectification, erasure, portability or restriction of processing by sending an email to dataprotection@bershka.com including “Bershka On Stage Tickets” in the subject and the right they want to exercise. It may be necessary for the Promoter to request additional information from the Entrant in order to identify them. 

Likewise, the Entrants and/or Prize Winners may contact the Data Protection Officer to raise any question regarding the processing of their personal data, by sending an email to dataprotection@bershka.com. They also have the right to bring a claim before the relevant local Data Protection Authority: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

For more information, please see our Privacy Policy available at www.bershka.com

16.- This Promotional Action 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 Promotional Action is not submitted to the Social Network, but to the Promoter.

17.- These Rules shall be governed by Spanish Law.

18.- These Rules are applicable to the Entrants, without prejudice to those mandatory regulations or laws which may be applicable.

************************