POP-UP STORE OPENING SWEEPSTAKES by tropicfeel
TERMS AND CONDITIONS
By means of these terms and conditions (the “Terms and Conditions”), The Tropic Feel, S.L., with registered office in Barcelona, 71 Bruc Street, penthouse 4th (08009) and with Tax Identification Number (N.I.F.) B-66.961.095 (“Tropicfeel” or the “Sponsor”), launches the present sweepstakes, free of charge, called “POP-UP STORE OPENING SWEEPSTAKES BY TROPICFEEL” (the “Sweepstakes”).
The Sweepstakes offers the Participants (as defined below) the opportunity to win the Prize (as defined below), as part of the promotion of the opening of the first pop-up store by Tropicfeel, located at 24-26 Portaferrissa Street, 08002, Barcelona (Spain).
Those who meet the following conditions will enter into the Sweepstakes and will be considered participants to all effects (the “Participants”):
- Of legal age (over 18 years old on the date of registration).
- Join the Tropicfeel’s Telegram Group: https://t.me/+_XOiEEWl-G4zMjM0
Attend, in person, to the opening of the pop-up store, on Thursday, November 10th, 2022, between 5.30 and 6.30 pm CET, at 24-26 Portaferrissa Street, 08002, Barcelona (Spain), to claim and collect the prize (the “Attendance Condition”).
Tropicfeel’s employees (and their immediate family members and/or flat mates), suppliers, shareholders or similar, are not excluded to participate in the Sweepstakes.
The Sweepstakes will be opened to participate from November 9th, 2022, to November 10th, 2022, at 11:00am CET (the “Period”). Those entries/sign ups after the Period will not be taken into consideration for the selection of Winners (as defined below).
Tropicfeel will select 3 Winners from all the Participants. The Winner selection is detailed below.
The prize for the first Winner entails the following (the “First Prize”):
- x1 €500 Skyscanner flight voucher
- x1 Tropicfeel backpack (Shell, Hive or Nest)
- x1 Tropicfeel wardrobe
- x1 Tropicfeel toiletry pouch
- x1 Tropicfeel t-shirt
- x1 Tropicfeel NS40 jacket
- x1 Tropicfeel sneakers (Geyser, Jungle, Canyon, Lava, Monsoon or Dune).
The prize for the second and third Winners selected entails the following, for each of them (the “Secondary Prizes”):
- x1 Tropicfeel backpack (Shell, Hive or Nest)
- x1 Tropicfeel wardrobe
- x1 Tropicfeel toiletry pouch
The Winners may choose the model, color and size among the products offered by Tropicfeel (which are subject to availability).
The Prize does not include any accessories related to the products.
No returns or exchanges of the Prize are accepted.
Tropicfeel will also offer 50 caps for the first 50 Participants who attend in person to the to the opening of the pop-up store, as defined in the Attendance Condition.
SIGNING UP PROCEDURE
To participate in the Sweepstakes is required to join the Tropicfeel’s Telegram Group: https://t.me/+_XOiEEWl-G4zMjM0
The joining is limited to one entry per phone number/email address. All entries must be received within the valid Period.
By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Terms and Conditions, which will be final and binding in all matters relating to the Sweepstakes.
By joining Telegram, the Participants also agree to Telegram’s terms and conditions.
3 Participants will be announced November 10th, 2022 and will be notified in the Tropicfeel’s Telegram Group on the same date (the “Winners”). The order of election will determine which Winner shall get the First Prize.
The Winners must answer Tropicfeel’s communication in within 2 hours of first notification attempt. If a Winner does not comply with this condition, it will be excluded.
Tropicfeel will verify that all the Winners meet the Eligibility conditions (in particular, the Attendance Condition): if a Winner does not meet the Attendance Condition, its prize will remain empty, and a new Winner will not be selected. Whereas, if it does not meet the rest of the Eligibility conditions, it will be excluded.
In case of exclusion, for any of the reasons mentioned, the secondary Winners will not be placed as first Winners, but a new first Winner will be chosen among the remaining Participants.
Also, if a Winner does not meet the Attendance Condition (as defined below), its prize will remain empty, and a new Winner will not be selected.
Any violation of these official rules by a Winner at Tropicfeel’s sole discretion will result in Winner’s disqualification, and all privileges as a Winner will be immediately terminated.
To obtain a copy of any legally required Winners’ list, send a self-addressed stamped envelope to: “Tropicfeel’s Sweepstakes Winners List”, to Tropicfeel’s address indicated at the beginning.
PERFORMANCE OF THE SWEEPSTAKES
After the Winner’s selection and notification, the Winner shall follow the procedures given by Tropicfeel to get the Prize (attend to the opening of the pop-up store, as detailed).
Participation in Sweepstakes and acceptance of Prize constitutes each Winner’s permission for Tropicfeel to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each winner regarding the Sweepstakes or Tropicfeel for advertising and promotional purposes (including paid media) without notice or additional compensation, except where prohibited by law.
In particular, the Participants agree that Tropicfeel has the right to capture photo or video content of the Winners (including the winners of the caps) for marketing purposes (including paid media), and to post it on Tropicfeel’s social networks and website, as its sole discretion.
The ownership of the promotional material will fully belong to Tropicfeel, and the Participants will have nothing to claim on this regard.
LIMITATION OF Liability
By entering in the Sweepstakes, entrants and Winners agree to release and hold harmless, Tropicfeel, Viralsweep, Telegram and their respective advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (the “Released Entities”) from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
In no event will the Released Entities be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to and use of the service and/or the Sweepstakes, downloading from and/or printing material downloaded from any websites associates with the Sweepstakes. Without limiting the foregoing, this sweepstakes and all prizes are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.
FORCE MAJEURE EVENT
In the event Tropicfeel is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond their control, Tropicfeel shall have the right to modify, suspend, or terminate the Sweepstakes.
Tropicfeel reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or website. Tropicfeel may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Tropicfeel representatives.
If by technical reasons or any other error, more Prizes are claimed than the number set forth in these official rules, all Participants making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of Prizes will be awarded.
Any costs associated with the shipping of the Prize (i.e. customs fees/duties and any other additional expenses that may arise), shall be borne entirely by the Winners.
The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Participation in this promotion implies full acceptance of these terms and conditions.
Tropicfeel complies current legislation on the protection of personal data, in particular with regard to Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (“LOPDGDD”) and the General Personal Data Protection Regulation (“GDPR”).
The processing of the “Personal Data” (phone number, email address, personal information, etc.) of the Participants is carried out for the purpose of handling the Sweepstake. The Personal Data is used to identify the Participants, to notify them of winnings and to process any winnings. The legal basis for such data processing is Art. 6 (1) lit. b) of the GDPR.
Tropicfeel is the responsible of the Personal Data provided (as data controller), and will share some of the information with providers of services (i.e shipping services…), if this is necessary for the handling of the giveaway. Those providers will be data processors, so Tropicfeel will be the responsible of the Personal Data in all cases.
The Personal Data will be deleted as soon as the Sweepstakes has been completed. Under no circumstances the Personal Data will be stored for more than one year.
Participants may exercise their rights of access, rectification, cancellation, opposition, portability, deletion and limitation of treatment legally guaranteed to the data controller and direct any questions you have to the data protection coordinator of Tropicfeel: email@example.com.
Without prejudice to the foregoing, the data subjects may submit any claim to the Spanish Data Protection Agency or the competent supervisory authority.
Applicable law and jurisdiction
Any controversy or claim arising out of or relating to these Terms and Conditions and/or the Sweepstakes, shall be governed by, and interpreted under, the laws of Spain.
The Parties expressly waive any other jurisdiction to which they may be legally entitled, and expressly submit the resolution of any disputes or claims arising over the interpretation or performance of the Agreement, including those relating to any noncontractual obligations arising from or related to it, to the jurisdiction of the courts and tribunals of the city of Barcelona (Spain).