Terms and Conditions governing the pull&bear Promotional Activity “pull&bear gift”

TERMS AND CONDITIONS GOVERNING THE PULL&BEAR PROMOTIONAL ACTIVITY“PULL&BEAR GIFT”

One. Private held companywith tax code 7717555231 (hereinafter, “the Promoter”), is launching the Promotional Activity described herein (hereinafter, the “Promotional Action”), to be governed by these Terms and Conditions (hereinafter, the “Terms and Conditions”).

Description of the Promotional Activity:

- Organization and publication: Organised via the Pull&Bear profile on the social network VKontakte (https://vk.com/pullandbear) and publicised via the Pull&Bear profile on the social network VKontakte (hereinafter, the “Social Network”)

- Scope of participation: Any individual legally resident in Russia who meets the requirements provided in Section Two below (hereinafter, the “Participants”).

- Description and theme for the Promotional Action and participation procedure:

The Promotional Activity consists of a competition. In order to participate in the competition, participants shall be required to complete the following actions correctly:

· Follow Pull&Bear page on VK.com (vk.com/pullandbear)

· Share contest post on his/her profile on VK.com

- Participation dates: From 00:00 (GMT +1) on 23 March 2015 to 23:59 (GMT +1) to 5 April 2015.

- Winner selection date: 6 April 2015 The Promoter shall contact the Winner directly via the Social Network.

- Winner selection method: The winner (hereinafter, “Winner”) will be chosen randomly from the list of participants (those who shared contest post on their wall).

- Prize: The Prize of the Promotional Action is one (1) promocode with 3000 rubles nominal for online shopping on the website http://www.pullandbear.com/ The Promocode is a discount (nominal 3000 rubles) for a purchasing on the website http://www.pullandbear.com/. The Winner can pay by promocode a whole purchase with 3000 rubles nominal or can use it as a discount with 3000 rubles nominal, if the cost of the purchase is more than 3000 rubles.

- This promocode may be combined with other promotions.

Under no circumstances will it be possible to exchange the Prize for money and can’t returned.

- Approximate Value of the Prize: The value of the Prize is 3000 rubles.

- Date and place of publication of the Winner of the Promotional Activity: The Winner will be announced on Pull&Bear’s profile on Vkontakte Social Media Network. On 6 April 2015

- Period for to the Winner to respond to communications from the Promoter: The Winner shall have a period of three (3) days, to be counted from the moment at which the first communication is sent, to accept the Prize by replying to the communications from the Promoter by means of which the Winner was notified.

Two.- Any person may take part in the Promotional Action who meets the requirements of these Terms and Conditions and who (i) is at least 14 years old, (ii) has the necessary legal capacity and capability to be bound by these Terms and Conditions in accordance with applicable legislation, according to the laws of Russian Federation (iii) is a legitimate user of the Social Network through which the Promotional Action takes place (hereinafter, Social Network), according to the terms and conditions of use of the same, (iv) reads and accepts these Terms and Conditions, and (v) complies with the procedure for participation expressed in these Terms and Conditions, fully and accurately providing the information and details required by the Promoter in order to organise this Promotional Action. In case if the Winner is younger than 18 years old, prize can be presented to his/her representative in law (guardian, curator).

The Promotional Action is free to enter, meaning that Participants are not required to pay any amount whatsoever to take part nor previously acquire any product or service.

Three.- The Participants take part in the Promotional Action at their own risk and liability. The Promoter reserves the right to request accreditation at any time of having complied with any of the requirements expressed in these Terms and Conditions.

Four.- The Promoter will arrange the Promotional Action through the Website, using all types of Internet methods and resources for this purpose in order to give it the maximum publicity, including any websites belonging to the Promoter and those belonging to the Inditex Group, as well as their respective blogs and social network profiles (hereinafter “the Web Resources”).

Five.- The Promoter reserves the right to modify these Terms and Conditions either wholly or in part, if the circumstances impede its performance, and can stop and finish the Promotional Action any moment after publicly communicating its intention to do so through the Website or by any other means used to publicise the Terms and Conditions, so as to prevent the Participants from being prejudiced, including the depositing of the same with national authorities, as well as to halt or terminate the Competition at any time. These Terms and Conditions will be publicly available through the website for consultation by the Participants, and will be sent freely on request to any Participants who request them from the address indicated in clause One above, as provided for in the applicable legislation.

Six.- In the event of the Promotional Action resulting in the Participants presenting any type of material or comments liable to result in intellectual or industrial property rights (including copyright), rights in relation to personal honour, personal and family intimacy and personal image or of any other kind, such as, but not limited to photographs, videos and any other works (hereinafter the "Materials"), the following requirements must be met: (i) the Materials may be of any kind providing the motive is as indicated in these Terms and Conditions, (ii) the Materials may not show or reproduce the image of any minors under the age of eighteen (18); (iii) the materials may not show or reproduce the image of any third party. If for any exceptional reason the functioning of the competition requires that the materials include the image of a third party, it will be necessary for the Participant to have previously obtained their express consent for presenting the Materials to the Promotional Action, the use of their personal image for commercial, publicity or similar purposes and for the purpose of promoting this Promotional Action, and for the granting of the licence indicated in these Terms and Conditions, with the Participants being obliged to send to the address indicated in these Terms and Conditions the document indicating that they have obtained the necessary consent from the third parties indicated by the Promoter; (iv) the Materials may not illegally reproduce work belonging to another person which has not been authorised by its author or by Law, with products, trademarks or other distinctive symbols belonging to third parties; (v) subject to the Promoter’s criteria, the Materials must not be illegal, offensive, defamatory, inappropriate or contrary to applicable legislation, or morals and public order; (vi) the Materials must not breach any of the policies, terms or conditions of use of the Social Network.

Furthermore, in the event of the Promotional Action involving the presentation of Materials by the Participants, any such participation in the Promotional Action implies and constitutes: (i) all of the Participants granting the Promoter a free worldwide licence for the use by the Promoter and/or any third party authorised by the Promoter of the Materials (including the rights for the reproduction, public communication, distribution and transformation of the same) through the Web Resources and solely for the purpose of promoting the Promotional Action, covering the period of the Promotional Action and the eighteen-month period after its conclusion, (ii) all of the Participants granting to the Promoter on their own behalf and acting for and on behalf of any third parties appearing in the Materials a free worldwide licence for the use by the Promoter and/or any third party authorised by the Promoter of the image included in the Materials through the Web Resources and solely for the purpose of promoting the Promotional Action, for the period of the Promotional Action and the eighteen-month period after its conclusion.

The licences granted in accordance with the previsions of the previous paragraph shall be considered as having been granted with the right of assignment to third parties (solely for essential purposes connected with the development, undertaking and management of the Promotional Action according to these Terms and Conditions); and for the period between the start of the Promotional Action until eighteen months (18) from the date of publishing the Winners of the Promotional Action on the Website. At the end of this period, the Promoter shall abstain from any further use of any of the elements subject to the licences expressed in this Clause. However, the continued and involuntary use of the same through the Web Resources shall not constitute any breach of this obligation in the event of the Promoter taking reasonable steps to ensure that they are withdrawn and no longer used at the end of the indicated licence period, or when the use of these elements, due to their nature, is extended beyond the indicated period. The Participants acknowledge and agree that due to the nature of the Internet and the inherent characteristics of the digital environment in which the Promotional Action will take place, once the Materials have been published on the Website it is likely that they, together with the other elements subject to the licences defined in this Clause, will continue to be available on the Internet, without any limits in terms of time or territorial scope, and beyond the control and responsibility of the Promoter.

Furthermore, the Promoter and/or any third party authorised by the Promoter may make continuous use of the elements subject to the licences defined in this Clause on conclusion of the indicated licence period, for any internal purposes of the Promoter or the Inditex Group, or for informative, scientific, educational or cultural purposes, for the purpose of recruiting personnel, or other similar purposes; or to include them in books, yearbooks or similar publications referring to the Promoter or the Inditex Group.

Seven.- Independently of any other measure defined in these Terms and Conditions, any infringement of any of the conditions expressed herein at any stage of the Promotional Action may result in the elimination of the Participant and/or the removal of the Materials in question, depending on the case, and exclusively according to the Promoter’s criteria.

Eight.- The Prize is personal, non-transferable and may not be exchanged under any circumstances for cash or any other goods or services. The Prize solely and exclusively consists of the items indicated in these Terms and Conditions, as a result of which the Promoter will not accept any additional costs other than those indicated herein.

Nine. On the Date of publication of the Winner of the Promotional Action, the Promoter shall publicly announce the Winner of the Promotional Activity via its Website and shall contact them to inform them of their status as Winner and coordinate delivery of the corresponding Prize, using the contact information provided within the framework of the Promotional Action. For the purpose of publicising the result of the Promotional Action and the Winner, the Promoter will be authorised to publish their name via the Website and the Online Media. Furthermore, either directly or through third parties, the Promoter will be authorised to interview, photograph and/or record the Winner at the time of receiving and/or enjoying the Prize. The Winner undertakes to collaborate for this purpose and consents to the use of the material in question under the same conditions as provided for in these Terms and Conditions regarding the Materials, as well as by means of publication thereof via any written media, including, but not limited to, newspapers, magazines and newsletters.

Ten. It shall be understood that the Winner rejects and waives their right to the Prize in the event that no reply to the communications from the Promoter is forthcoming (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 Winner for reasons not attributable to the Promoter. In these cases, or if the Winner waives the right to the Prize for any other reason, the Promoter will award the Prize to the reserve winners, where appropriate. Otherwise, the Promoter will be fully entitled to award the Prize to another Participant or declare the Promotional Activity null and void. Under no circumstances shall expiry of the deadline established in this Clause or waiving of the right to the Prize be considered grounds for cancellation or rescission of the licences granted by virtue of these Terms and Conditions.

Delivery of the Prize shall take place in the legally established time and method. The Promoter may require proof of identification of the Winner for delivery of the Prize. Delivery and enjoyment of the Prize may require the Winner to previously sign a document to accept the Prize, the content of which shall comply with the content of these Terms and Conditions. Failure to comply with said requirement, if requested by the Promoter, shall imply express rejection of the Prize and assignation thereof to the corresponding persons in accordance with the paragraph above or declaration of the Promotional Action null and void, as the case may be.

Eleven. Participation in the Promotional Action implies and constitutes the following, as well as any other elements mentioned in these Terms and Conditions: (i) acceptance of these Terms and Conditions, and the terms and conditions of use of the Social Network; (ii) the grant by the Winner to the Promoter and/or any third party authorised by the Promoter of an authorisation to use to publish the Winner’s on the Website and in the Online Media.

Twelve.- By taking part in the Competition, the Participants warrant and represent that they (i) accept these Terms and Conditions; (ii) meet all of the necessary requirements for the purposes expressed herein; (iii) that the information and/or data provided in relation to the Promotional Action are true and accurate; (iv) that they have the necessary authorisations and licences in writing as defined in these Terms and Conditions, and/or are the holders of all rights (including but not limited to intellectual property rights, industrial property rights, rights to honour, personal and family intimacy, personal image or any other kind) in relation to the Materials; (v) if necessary, to have obtained in writing from the third parties who appear in the Materials authorisation for the use of their image included in the Materials, and the right to transfer or licence this right to any third party, with the necessary extension to allow for the use of the Materials through the media indicated in Clause Four, and solely for the purpose of promoting the Promotional Action; and (vi) that the Materials: (a) do not breach the rights (including but not limited to intellectual and industrial property rights, the right to honour, personal and family privacy and the personal image) of third parties, (b) do not include sentences, images or any other element that may violate the right to privacy, image or honour of private individuals, and (c) do not infringe any applicable legislation.

By virtue of the foregoing, the Participants agree to hold the Promoter and/or any other company belonging to the Inditex Group harmless against any costs or damages arising from (i) any claim of any kind presented by third parties alleging that the Materials infringe their rights; (ii) any false or inaccurate information and/or data provided and/or disclosed through the Website, Web Resources or any other means used in connection with the Promotional Action, or (iii) the infringement of any of the representations, warranties or promises expressed in these Terms and Conditions.

Thirteen.- Without prejudice to the previous clause, the Promoter shall be entitled to: (i) block and remove any of the Materials available through the Website, Web Resources or any other resources used in connection with the Promotional Action which in its opinion: (i) may be considered illicit, offensive, inappropriate or contrary to public morals and order, or which in any other way may be considered as violating the rights of third parties and/or any applicable legislation; (ii) which by any means hinder or impede participation in the Promotional Action, access to the Website or Web Resources, or any of the resources used in connection with the Promotional Action or (iii) breach any of the provisions of these Terms and Conditions; (2) prevent on a discretionary basis access to the Website, to the Web Resources or any of the resources used in connection with this Promotional Action by the Participants which, in its opinion have violated any of the representations or warranties expressed in these Terms and Conditions.

Fourteen.- The Promoter will not be liable: (i) for any defects, failure or incorrect operation of the telecommunications systems, Application, Website, Web Resources or any other resources used in connection with the Promotional Action, nor for any delay in the transmission of the Materials, nor for any loss of the same that may occur as a result of any of these circumstances; (ii) for any faults, damage or loss that may occur to the Participants as a result of using the Application or the computer applications of third parties required to participate in the same, or any others implemented on the Website, Web Resources or any other resources used in connection with the Promotional Action; (iii) for any use that third parties, including Internet users, may make of the Material that may be publicly disclosed in connection with the Promotional Action. The Promoter will not be liable for any delays, losses or damages for causes not attributable to it. Neither will the Promoter be liable for any cases of force majeure (such as strikes, etc.) that may prevent the Winners from enjoying the Prize either wholly or in part. The Promoter may not be held liable in any of these situations, nor for any damages arising as a result of enjoying the Prize.

Fifteen. According to point 2 of article 224 Russian Federation Tax Code the value of the Prize exceeding 4000 rubles is subject to personal income tax in amount of 35% of the amount above 4000 rubles. The Winner must bear these costs by their own.

Sixteen. Privacy Policy of the Promotional Action. The personal data provided within the framework of the Promotional Activity shall be subject to processing by the Promoter for the applicable legitimate purposes arising from the needs of the Promotional Activity, i.e.:

- Treatment of Personal Data:

The Promoter will treat the personal details provided by the Participants for the development, undertaking and management of the Promotional Action.

Additionally, the Participants and/or the Winner expressly authorise the processing and communication of certain personal data, including disclosure of their name and image on the Internet via the Website and the Online Media, in order to develop, organise and commercially operate or promote the results of the Promotional Action. The Participants and/or Winner 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 Promotional Action - 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, whose activities relate to the sectors of decoration, textiles, finished clothing and household products, as well as any other 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 Promotional Action is targeted).

If Materials are presented within the framework of the Promotional Action that contain personal data of third parties or such data are provided in any other way within the framework of the Promotional Action, the Participants guarantee to have duly informed such third parties and obtained the same necessary consent for the purposes defined in these Terms and Conditions, including disclosure of their name and image on the Internet via the Website and the Online Media, in order to develop, organise and commercially operate or promote the results of the Promotional Action, as well as the communication of their personal data to third party partners for enabling enjoyment of the Prize. The Promoter reserves the right to require the Participants and/or Winner to demonstrate compliance with the afore-mentioned information and consent requirements for the processing of their personal data.

On conclusion of the Promotional Action, as well as of all the procedures or promotions in relation to the same, all of the personal data contained in the corresponding databases used for the purpose of organising the Promotional Action will be deleted within (6) months from the conclusion of the Promotional Action, including all of the Participants’ personal data or data in relation to third parties that may have contained pictures.

- Exercising of rights:

In any event, the Participants, Winners and third parties may exercise their rights to access, rectification, erasure or opposition by sending a letter detailing their request to exercise their rights, addressed to “Función LOPD”, Avenida da Diputación, Edificio Inditex, Arteixo (A Coruña), or by e-mail to: [e-mail]. If necessary, we may request a copy of your national identity document, passport or other valid ID document.

In the event of deciding to exercise these rights and if the personal details you have provided us with include an e-mail address, could you please refer to this in the communication, indicating the e-mail address in relation to which you are exercising your rights to access, alteration, cancellation and opposition.

Seventeen. - This Promotional Action is not sponsored, endorsed or administered by or associated with the Social Network in any way. The Participants fully exonerate the Social Network from any liability. The information provided by the Participants in relation to the Promotional Action will not be provided to the Social Network, but instead to the Promoter.

Eighteen. - These Terms and Conditions shall be governed in accordance with Russian Law.

Nineteen. - These Terms and Conditions shall apply to the Participant without prejudice to abiding by any applicable legislation that may apply. In the event of any discrepancy between the versions of the Terms and Conditions in other languages, the version drafted in the English language shall prevail.

Twenty. - The promoter may require an ID (or its copy) at the moment of providing of the prize to the Winner. The Promoter provide winner with the prize only if the Winner’s name complies with the name indicated in his/her ID.

Дата добавления: 2015-11-04