LEGAL RULES OF RAFFLE “Freshly Giveaway”

1. Identification of the Organizer

FRESHLY COSMETICS, S.L., located at Calle Nicaragua 36, Reus (CP 43204) and with Tax ID number B-55666143, organizes this giveaway named “Freshly Giveaway” (hereinafter referred to as the “GIVEAWAY”), which will be governed by the following Legal Terms (hereinafter referred to as the “Legal Terms”).

2. Temporal and Territorial Scope of the Promotion

The draw will start at 12:00 on August 23, 2024, and will end at 23:59 on August 30, 2024, both included (hereinafter, the "Validity Period").

3. Requirements for Participation. Territorial Scope

All adults residing in one of the countries where FRESHLY COSMETICS ships its products can participate in the draw.

Employees of FRESHLY COSMETICS, S.L., and, where applicable, companies involved in the draw, and their direct relatives up to the second degree of consanguinity or affinity, may not participate in the draw.

If any of the people excluded from participation due to not meeting the requirements of the Legal Bases wins, or if the data provided for participation is not valid, their participation will be considered null and void, and they will be automatically excluded.

4. Free Participation 

Participation in this raffle is free of charge.

5. Validity of Participation in the Giveaway

To participate validly in the giveaway, participants must follow the steps indicated on the landing page created by FRESHLY COSMETICS for the Giveaway and accept the corresponding Data Protection notice. Fraudulent participations will be directly discarded. Participation implies that the participant has read and expressly and unreservedly accepted these Legal Terms. All non-winning participants accept to receive a thank-you email from Freshly, which may include a temporary coupon or discount for participating in the Promotion.

6. Prize

The prize consists of a pack of Freshly Cosmetics' Top Selling products during the summer: Beta, Deodorant, Body Oil, Bronzing, Keratin, Vitamin C, Contour, and Collagen + personalized card.

7. Winner Election

There will be a total of 10 winners. The winner will be selected through a draw conducted via the UpViral platform among all participants who have validly participated.

8. Winner Communication

On August 30 at 13:00, FRESHLY COSMETICS will announce the winners and communicate via email.

The winners will have a period of FIVE (5) calendar days from that communication to accept the prize, which must be confirmed by responding to said communication.

If the winner does not respond within the indicated period to accept the prize, or if they do not comply with these Legal Bases, or reject the prize, the winner will be disqualified, and the prize will be awarded to the next person selected through the procedure provided in these Legal Bases.

9. Intellectual Property and Transfer of Image Rights

The acceptance of these Legal Bases by the participants in the raffle entails their express consent for the use and dissemination of their name and surname and image on the website and social networks of FRESHLY COSMETICS, to reproduce and use them in relation to any promotional activity related to the Promotion, without said use conferring the right to remuneration or any benefit, with the exception of the prize won in accordance with these Legal Bases.

10. Data Protection

The personal data that may be required from the participants of the raffle, and, where applicable, the winners, are necessary to manage their participation in the raffle and, if applicable, for the delivery of the prize. The personal data of the participants or winners that, if applicable, FRESHLY may require, will be incorporated into a file owned by FRESHLY COSMETICS, S.L., for the sole purpose of managing this Promotion, communicating and assigning the prize, and thanking them for their participation. Once the Promotion has ended, FRESHLY COSMETICS will only keep the data of those participants who, at the time of participating, have given their express consent, checking a box enabled for this purpose, so that FRESHLY COSMETICS can incorporate their data into a file with the purpose of sending them newsletters and communications with commercial information, featured content, relevant advice on the operation of the system, and promotions. The data of the rest of the participants will be deleted from the FRESHLY COSMETICS processing systems once the Promotion has ended, without prejudice to the possibility of preserving them, limiting their processing to the exercise and defense of claims, in the terms provided by the applicable legislation. Participants who have consented to the sending of said bulletins and communications will have the possibility of requesting the cessation of said sendings in the terms provided for in Law 34/2002, of July 11, on Information Society Services, and to revoke their consent unilaterally, also at any time, by sending an email to the following address: [email protected] or by unsubscribing directly at the footer of the newsletters sent in the unsubscribe section. The processing of the personal data of the participants will be carried out in accordance with the provisions of the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council, relating to the protection of natural persons with regard to the processing of personal data), and in the Privacy Policy of FRESHLY COSMETICS. Participants in the Promotion may exercise their rights of access, rectification, cancellation, forgetting, portability, opposition, and/or non-systematic processing to obtain profiles, by sending an email to the following address: [email protected]. Consult our Privacy and Data Protection policy here: www.freshlycosmetics.com/en/privacy-policy

11. Tax Issues

The regulations on Personal Income Tax, Non-resident Income, and other legal texts on tax matters of the country of your residence will apply to the prize of this promotion. In this sense, obtaining a prize of this type could constitute a capital gain for the winner for personal income tax purposes or equivalent, as it gives rise to a variation in the value of his or her assets revealed by an alteration in its composition. The prize winner will be subject to compliance with all tax obligations established by current applicable legislation, where applicable, and will be solely responsible for paying them.

12. Reservations and Limitations

FRESHLY COSMETICS is exonerated from all responsibility in the event of malfunctioning of electronic communication networks that prevent the normal development of the Promotion for reasons beyond the control of the Company and, especially, due to external acts of bad faith. Any abusive or fraudulent use of the entry forms or systems by a participant will result in their disqualification from the Promotion. It will be understood, by way of example but not limitation, that there is an abusive or fraudulent use when a participant identifies himself using a false identity or identities of third parties without their consent. FRESHLY COSMETICS is not responsible for the use made by the participant of the prize obtained from the promotion. FRESHLY COSMETICS is not responsible for possible losses, deterioration, delays, or any other circumstance attributable to third parties that could affect participation in the Promotion. FRESHLY COSMETICS reserves the right to change the elements of the Promotion prize for others of equal value, when there is just cause. FRESHLY COSMETICS reserves the right to modify or expand these promotional bases, to the extent that it does not harm or undermine the rights of the participants. This Promotion may be extended or suspended with due justification by Freshly Cosmetics and in cases of force majeure. In any case, FRESHLY COSMETICS will communicate it in the same medium in which the Promotion has been communicated.

13. Applicable Law and Jurisdiction

These Legal Bases are governed by Spanish legislation. To resolve any dispute, discrepancy, issue, or claim resulting from the execution or interpretation of these Legal Bases, the Parties expressly submit to the jurisdiction of the Courts and Tribunals of Reus, expressly waiving any other jurisdiction that may apply to them.