CONTEST held in accordance with art. 6 Presidential Decree 430/2001 (1) (a)
"Exclusions from prize competitions" inasmuch as organised for the production of artistic works.
The undersigned company Cosmetica Srl with registered office in Milan (20121), Via Brera n. 6 - tax code 09198410962, VAT number 09198410962, invites Instagram users to post on the Instagram profile @diegodallapalma_official a comment containing three nouns that can describe the makeup look with MyHappyToy - and the motivation for the choice - that will be used with a view to engagement for future commercial purposes through the following contest:
PERIOD: From 14/03/2022 to 18/03/2022
WINNER SELECTION BY JURY: by 05/04/2022
ELIGIBLE TERRITORY: Italian territory, Republic of San Marino
RECIPIENTS: Entrants must be Instagram users, 18 years of age or older, with a public account (in order to be contacted in the event that they win), residents of Italy and the Republic of San Marino. Participation is not allowed to the employees of and anyone professionally associated - and their relatives - with the Promoting Company, the Partner Company delegated by the Promoting Company (hereby the "Promoter"), other associated Companies and the Celebrity involved.
To enter the contest the entrant must be registered on Instagram on the starting date of the contest or previously. The Promoter reserves the right to require the entrants and/or winners, at any time of the initiative, to provide proof of registration to the above-mentioned social network before the starting date of the contest or will independently proceed to acquire proof in this sense. If no proof is provided or if it is not possible to acquire it independently, the entrant and/or winner will be excluded.
PRIZES "with jury":
no. 30 "MyHappyToy" limited edition boxes consisting of 1 MyHappyToy mascara by Diego dalla Palma Milano to the value of € 36.90 each which constitute a total prize pool amounting to € 1,107.00.
Each of the 30 winners selected by the jury will receive, in case of acceptance, the prize.
TERMS AND CONDITIONS FOR PARTICIPATION
During the period provided for in these terms and conditions, the Promoting Company will use its Instagram profile to invite the entrants to leave a comment on the post with three nouns and the motivation for their choice (hereinafter the "written work").
To enter the contest, the entrants must:
- follow the profile of Diego dalla Palma Milano (@diegodallapalma_official) as the Promoter of the contest;
- leave one comment on the post published on the Instagram account @diegodallapalma_official with three nouns (e.g. my makeup look with MyHappyToy is fresh, radiant, nude), which creatively represent the personal idea of makeup look with MyHappyToy and the motivation for the choice (e.g. my makeup look with MyHappyToy is fresh, radiant, nude because my lashes make a statement);
- tag one Instagram friend (who shall be an adult, residing in Italy or the Republic of San Marino) who, in the event that they decide to enter the contest, must comply with the provisions of these terms and conditions.
In the event a user leaves more than one comment under the post, the first chronological comment posted by the entrant will be automatically taken into consideration: it follows that ALL comments published by the same user following the first will be unquestionably excluded from the selection.
By leaving a comment on the post, the entrant guarantees to be the creator of the comment consisting of three nouns and the motivation for the choice ("written work"), relieving the Promoting Company and the associated Companies in charge of organising and managing the contest, from any complaints by third parties. The entrant also authorises the Promoting Company to use them for the purpose of communicating the contest (online and offline), including for the promotion on social networks, as well as for advertising and future communication purposes without expecting anything in return.
More specifically, by entering the contest, the author definitively transfers to the Promoting Company, free of charge, all the rights to use the "written work" on all means of communication both offline and online in Italy and abroad (present and/or future) for promotional and information purposes related to its business, including for commercial purposes.
It should also be noted that the entrants:
- Ensure that nothing posted is contrary to law, by way of example, but not limited to, the "written work" is not obscene, defamatory, blasphemous, racist, or in violation of intellectual property rights, moral rights, copyrights or third-party personal data protection rights, publication rights and in general respects the provisions of the Law on Copyright (Law 22 April 1941 n. 633) and subsequent amendments.
- Must guarantee that they have obtained all the consent forms and releases for the use and dissemination of the "written work" if it is produced together with other people and therefore that the reproduction by the Promoting Company will not entail the violation of third-party rights.
In the event that even one of the requirements is breached, the entrant will not be awarded the prize.
At the end of the entry period, the jury will evaluate all the comments that comply with the above-mentioned rules and will establish a ranking.
The jury will evaluate the works by 05 April 2022.
The jury will consist of no. 5 marketing experts and/or representatives of the Promoting Company and the Partner Company or persons appointed by it.
The winner selection will be determined exclusively by the judgment expressed by the appointed jury; the decisions of the jury are final and unquestionable.
The prize awarded will be the compensation for having created the "written work" deemed to be more in line with the purpose of the contest and therefore more suitable to be used for promotional campaigns related to the brand as particularly suitable for propaganda and advertising.
It should be noted that the prize consists of one of the 30 prizes of the prize pool, and follows the terms and conditions for an activity that involves a service, understood as a "descriptive comment" of the mood of one or more elements related to the new mascara.
The above-mentioned activity that involves a service is precisely referred to as a "contest" intended as a type of initiative in which entrants are awarded for merit and NOT randomly.
The judgments expressed by the jury will be based on the following parameters/criteria:
- Originality of the three nouns
- Spirit of the explanation
- Relevance of the chosen nouns and motivation with MyHappyToy mascara
Each jury member will assign a score from 1 to 5 for each judging criterion.
The sum of the scores will determine the final score of the comment.
In the event of a tie, the ranking will be determined in chronological order, that is, taking into account the time of publication of the comment: from the oldest to the most recent. It follows that the comment posted first in chronological order will be the one declared the winner in the event of a tie.
The jury will establish a ranking of 50 users: the top 30 will be selected as the winners; those who are ranked from the thirty-first to the fiftieth position will be placed in reserve in the event of forfeited or unclaimed prize.
"Forfeited or unclaimed prize" refers to all those situations listed in the clauses below in which the winners notified by the brand:
- DO NOT respond to notifications by the date indicated in the following paragraph "Notification of the Winners"
- DO NOT communicate to the brand the shipping address to which the prize should be delivered by the date indicated in the following paragraph "Notification of the Winners"
- DO NOT confirm their identity, the consequent age of majority and that they are actually the "owner of the Instagram account used" through the documents required by the brand - with the intention of verifying them - by the date indicated in the following paragraph "Notification of the Winners"
- Respond but do NOT accept the notification and prize
Notification of the Winners
30 winners will be notified via private message on Instagram (a message sent from the account of the Promoting Company, i.e. @diegodallapalma_official) and will have to respond within 5 days from the date of the winning notification by sending the following documents:
- a copy of a valid identity document;
- complete personal data with address for the shipment of the prize;
- valid phone number and email address
- screenshot of the Instagram app (section "admin contact info" from the app/"personal information" from desktop - https://www.instagram.com/accounts/edit/?hl=it - which can be reached by clicking the Call to Action/"Edit profile" button in the top section of your Instagram profile) which certifies that the nickname of the account used is actually connected and owned by the user who posted the comment and that the e-mail and the name and surname used are indeed really connected to the user.
In the event of
- A winner who is a minor;
- Failure or late submission of the required documents listed in the previous paragraph "Notification of the Winners";
- Entrant not residing in: Italy, Republic of San Marino;
The winner will be disqualified from the draw and the next winner in the ranking will be selected.
By accepting these terms and conditions, each entrant:
- Declares to be aware that by entering the contest the user agrees to grant the Promoting Company and the Partner Companies the right and license, not subject to any compensation and not exclusive, to use, adapt, publish, distribute and reproduce the content sent, and, in general, to exercise all the rights connected to it;
- Ensures that nothing uploaded is contrary to law, by way of example, but not limited to, the entry shall not be obscene, defamatory, blasphemous, racist, or in violation of intellectual property rights, moral rights, copyrights or third-party personal data protection rights, publication rights and in general respects the provisions of the law on copyright (Law 22 April 1941 n. 633) and subsequent amendments;
It should be noted that:
- The Promoter reserves the right to require the entrants and/or winners, at any time of the initiative, to provide proof of registration to the above-mentioned social network before the starting date of the contest or will independently proceed to acquire proof in this sense. If no proof is provided or if the Promoting Company does not manage to acquire it independently, it reserves the right to disqualify the entrant and/or winner;
- In the event that anomalous entries are noticed (duplicates, fantasy names, fake nicknames, fake or untrue personal information - e.g. email address, age... - related to the account), they will not be taken into consideration for the purpose of the contest and, therefore, will be disqualified;
- Participation in the Contest implies full and complete acceptance of these terms and conditions. Any attempted fraud and any inaccurate or false statement results in immediate disqualification. It is strictly forbidden to modify or attempt to modify the provisions relating to the contest, in particular the methods and elements determining its success. The Promoting Company reserves the right to take legal action against anyone who does not comply with these terms and conditions or has engaged in fraud or attempted fraud.
- The Promoter reserves the right to meet the deadlines for sending 30 prizes to 30 winners, once their identity is verified and once the winners claim their prize, within 2 months from the final day for the jury to select the winners. It follows that - since the selection of the winners and the consequent awarding of the prizes will take place by 05 April 2022 - the Promoter will proceed with the shipment of the prizes by 4 June 2022.
Cosmetica Srl, Le 4g Srl - which handles the management and monitoring of the contest - and Promotion Plus Uno Srl, a company designated by Cosmetica Srl for the management of the paperwork, shall not be deemed responsible in the event of a malfunction of the Internet network that would hinder the entry or execution of the contest. Furthermore, all three of the above-mentioned companies shall not be responsible for any external vandalism.
Since Cosmetica Srl and Le 4g Srl (on behalf of Cosmetica Srl) make all reasonable efforts to offer users available and controlled information and/or materials, they shall not be deemed responsible for errors, unavailability of information and/or non usability of Instagram from any computer, smartphone and mobile phone. Each entrant must adopt all the protection practices necessary to protect data and/or programs stored in their computer and telephone material against any intrusion.
Any person who logs into Instagram and enters the contest is entirely and solely responsible for their actions.
Furthermore, by way of example, Cosmetica Srl and Le 4g Srl (on behalf of Cosmetica Srl ) are not responsible in the event of problems of:
- telephone connection;
- hardware or software material;
- loss of information provided by entrants for a cause not attributable to the companies
- human and/or electronic errors;
- disturbances of various kinds that may prevent a smooth execution of the contest.
Furthermore, it should be noted that users - with their membership and consequent entry - release Instagram from any responsibility as the Contest is in no way sponsored or administered by Instagram, nor is Instagram associated with this Contest in any way.
Cosmetica Srl and Le 4g Srl (on behalf of Cosmetica Srl) are in no way responsible for the entrants' physical inability to use the internet or for not being able to log into Instagram.
The company Cosmetica Srl declares that the complete contest terms and conditions are available at the company's (Cosmetica Srl) premises, on the brand's website https://diegodallapalma.com/, by clicking on the CTA/section "#MyHappyToy - Terms and conditions" in the footer of the homepage and by clicking on the BIO link of the Instagram profile @diegodallapalma_official.
The Promoter and the associated Partner Companies will advertise the contest on their own digital properties and on digital media (online, on their own social profiles, on influencers' profiles and Ads) and offline.
Milan, 03 February 2022
p. Cosmetica Srl