Acceptance of each and every one of the terms and conditions contained in this document (hereinafter, the "Rules") is a necessary condition for the purposes of participation in the prize draw organised by Esther Martínez (hereinafter, "Organiser”and/or ”Influencer”) in cooperation with Himalaya Wellness Latvia SIA with VAT Id.Nr. LV40003785707 and with registered office at Elizabetes 11-10, Rīga LV-1010 (hereinafter, the “Brand”).
Only persons of legal age, resident in Spain and who meet the requirements specified in these terms and conditions may participate in the prize draw. The winners must be able to demonstrate the requirements set out herein by presenting the corresponding documentation. Employees and collaborators of the Brand, or of any of the companies of the business group to which it belongs, or, in general, their respective family members, ascendants, descendants, spouses and/or common-law partners, are not eligible to participate. Those wishing to participate must (i) follow the Influencer @estoreta, and the brand @himalayaspain, (ii) like the publication of the prize draw (iii) and tag a person.
Participation in the prize draw.
Participating in the prize draw is free of charge and implies that the participant respects the terms and conditions of this social network (http://instagram.com/legal/terms/). Participation in the prize draw will be valid according to the dates published on the Instagram accounts from which the prize draw is communicated. Any content that the Organiser considers unsuitable, inappropriate, offensive, violent, sexist, racist, or that violates the fundamental rights of individuals will be excluded from the prize draw. The prize draw is not sponsored, endorsed, administered by, or associated in any way with Instagram, and therefore participants release the social network from all liability for any damages arising from the promotion.
Mechanics of the prize draw.
In order to participate in the prize draw, participants must follow the following steps:
Follow the Influencer (@estoreta) and the brand (@himalayaspain)
Like the publication
Tag 1 person
The number of participations is unlimited
The prize draw will consist of two vouchers, each worth €100, to be redeemed in the Himalaya online shop - - https://himalayawellness.com.es/.
Selection of the winners.
The influencer will select the (2) winners randomly. Once the comments are randomly selected, it will be checked if they meet the requirements of the mechanics described above. If they do not meet the requirements, the comment will be discarded and the process will be repeated. Acceptance of the prize by the winner implies consent to the Organiser and the Brand to use, for publicity purposes, his/her name and image in promotional material related to this prize draw. The prize cannot be exchanged for its cash value. Winners will receive a message on Instagram asking them to accept the prize. Winners have a maximum of 24 hours from receipt of the message to reply, accepting the prize. Once it has been verified that the winner is eligible and has fulfilled all the requirements of the prize draw and accepts the prize, he/she will be asked for his/her email address in order to send him/her the prize code via email. In the event that the winner does not accept the prize, does not reply within the indicated period or does not comply with these Rules, the Organiser will make a new selection and choose a new winner. The prize is personal and non-transferable. The waiver of the prize will not entitle the resigning person to any indemnity or compensation whatsoever, or to exchange the prize for money, except in those cases in which the Organiser so decides. If for reasons beyond the Organizer's control it is impossible to deliver the prize (either in whole or in part), the Organizer reserves the right to replace it with an equivalent prize. The designation of the winners will not be subject to appeal and no claims will be accepted nor will any communication or correspondence be entered into with the Organiser in this regard.
Delivery of the prize.
Once it has been verified that the winner is eligible and has fulfilled all the requirements of the prize draw and accepts the prize, he/she will be asked for his/her e-mail address in order to send him/her the prize code. It is expressly stated that the Prizes will be managed and/or sent by SAMY ROAD, SL with address at Calle Aranjuez Nº7BIS, 28039, Madrid, Spain, to the email account provided by the participant for this purpose.
By participating in the prize draw, participants expressly consent to the processing of the personal data provided in order to administer and manage the prize draw. Likewise, when expressly authorised, said data will be used to communicate with participants for commercial purposes, in particular by electronic means. For the purposes of the law, participants and winners are expressly informed that they may exercise their rights under current legislation by sending a written communication to the Organiser at the address given at the beginning of these Terms and Conditions.
Transfer of rights
By participating in the prize draw, participants acknowledge, consent and expressly agree that any content submitted or provided in connection with participation in the prize draw becomes the property and exclusive property of the organiser and the brand, who may use and exploit them for, among other things, commercial, promotional and advertising purposes. The rights assigned to the brand and to the organiser shall entitle them to carry out, by themself or through a third party, irrevocably, without any obligation to pay any consideration whatsoever, for a worldwide territorial scope and for the maximum period of time permitted under current legislation, all forms of commercial exploitation permitted by law, including, but not limited to, the right to use, reproduce, distribute, exhibit, publicly communicate, transform and transmit, in whole or in part, the content submitted, by any means currently known or that may become known and, in particular, via television, Internet and any digital and/or interactive media or formats. To the fullest extent permitted by applicable law, by participating in the prize draw, it is agreed that no claim may be brought against the organiser and/or brand, or any of its group companies, directors, employees or agents, for any loss or injury (including without special limitation, consequential and indirect losses), damages, rights, claims or any type of action arising out of participation in the promotion.
The Organiser reserves the right to:
exclude any participation or any participant in the event of incorrect manipulation of data
refuse participation in the prize draw to those who do not meet the requirements described in these terms and conditions of participation, or contravene the rules or purpose of the competition
cancel the present prize draw, or suspend it, or change any of its conditions, if for technical reasons, or any other reasons beyond its control, it is unable to comply with the normal development of the prize draw, as established in the present rules.
Limitation of liability.
To the fullest extent permitted by applicable law, the Organiser and the brand shall not be responsible for electronic transmissions that are incomplete, received late, lost, invalid as provided in these document, misdirected, due to any cause or reason whatsoever, such as technical errors, including, but not limited to, electronic malfunction of any network, hardware or software; human, technical or other error that may occur in submitting participations. To the fullest extent permitted by applicable law, the Organiser and the brand shall not be liable for any damages or losses incurred by entrants and winners as a result of participation in the prize draw or use of the prizes, and the Organiser and the brand disclaims any contractual or non-contractual liability to participants winners and/or third parties, which is accepted by each and every entrant. Comments or opinions whose content is considered inappropriate, offensive, insulting or discriminatory or that could violate the rights of third parties will not be allowed. Comments against an individual that violate the principles of the right to honour, personal and family privacy and self-image will also not be permitted. The Organiser and/or the brand is not responsible for any damage caused by comments made by participants in the prize draw, which may at any time offend the sensibilities of other participants.
The holding of the prize draw and the awarding of the prize are subject to current Spanish tax regulations. The Organiser will not be responsible for the fiscal repercussions that the acceptance of the prize may have on the taxation of the winners, which will be, in any case, for their own account. The prize of the prize draw will be subject to the legislation in force and other concordant provisions relating to taxes and duties.
This prize draw and its terms and conditions are subject to applicable Spanish law.