CONTEST held in accordance with art. 6 Presidential Decree 430/2001 (1) (a)
"Exclusions from prize competitions" inasmuch organised for the production of artistic works.
The undersigned Cosmetica S.r.l. with registered office in Milan (20121), Via Brera n. 6 - tax code 09198410962, VAT number 09198410962, invites users to enter the following contest by registering through a form on the site https://www.diegodallapalma-special.com/chooseyourtoy
The entrant will have to answer some questions and publish a story of up to 1000 characters telling a day where performance or volume gave "a twist".
PERIOD: From 10/10/2022 to 12/10/2022
WINNER SELECTION BY JURY: by 28/10/2022
ELIGIBLE TERRITORY: Italian territory, Republic of San Marino
RECIPIENTS: Adult users residing in the Italian territory, Republic of San Marino. Employees, collaborators - and their relatives - of the Promoting Company, the Partner Company delegated by the Promoting Company (hereinafter the "Promoter"), other associated Companies and Celebrities involved shall be excluded from participation.
PRIZES "with jury": no. 100 "Mascara" kits consisting of no. 1 MyHappyToy mascara by Diego dalla Palma Milano worth € 26.90 each and no. 1 MyToyBoy mascara by Diego dalla Palma Milano worth € 26.90, which constitute a prize pool amounting to € 5,380
Each of the 100 winners selected by the jury will receive, in case of acceptance, the prize.
TERMS AND CONDITIONS OF PARTICIPATION
During the period provided for by these terms and conditions, the Promoting Company will use its and the involved celebrities' Instagram profile to invite entrants to visit the landing page on the site, provide their personal data, answer the proposed questions and write a short story (hereinafter the "written paper").
To enter the contest, the entrants must:
- Go to the site https://www.diegodallapalma-special.com/chooseyourtoy
- Answer the proposed questions
- Write a short story (maximum 1000 characters) that must contain the words "mascara, volume, performance and Diego dalla Palma". The story must describe a day in the entrant's life where performance or volume gave "a twist".
- Fill in the registration form with the required data (e.g. Name, Surname, email address)
- Accept the terms and condition
Only one entry per user will be accepted. If multiple entries by the same user are found, all their entries will be cancelled and excluded from the evaluation by jury.
By sending the written paper, the entrant guarantees to be the creator of the short story containing the four mandatory words ("written paper"), 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 it 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 paper" 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 entrants:
- Must ensure that nothing posted is against the law, by way of example, but not limited to, the "written paper" 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 complies with 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 paper" 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 written papers that comply with the above-mentioned rules and will rank them.
The evaluation by the jury will take place by 28/10/2022.
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 judgement 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 paper" 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 compensation consists of one of the 100 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 mascara object of this contest.
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 judgements expressed by the jury will be based on the following parameters/criteria:
- Creativity of the story
- Property of language
- Relevance of the 4 words "mascara, volume, performance and Diego dalla Palma"
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 received by each 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 short story: from the oldest to the most recent. It follows that the short story posted first in chronological order will be the winner in the case of a tie.
The jury will rank 120 users: the top 100 shall be the winners; users from the hundred and first to the hundred twentieth position will be placed in reserve in the case of forfeit or unclaimed prizes.
"Forfeits or unclaimed prizes" refer to all those situations listed in the clauses below where the winners notified by the brand:
- DO NOT respond to the notification 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 through the necessary documentation requested 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
100 winners will be informed by email (using the address indicated during the entry) and must fill out a form, which can be reached through the link in the email, within 5 days from the date of the winning notification. The following data will be required in the validation form:
- First name Last name
- Mobile phone number
- Street name and number
- Front/back copy of a valid identity document of the winner.
In the case 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 against the 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:
- 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;
- Entry 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 deadline for sending 100 prizes to 100 winners, once their identity is verified and once the winners claim their prize, within 3 months from the final day for the jury to officially decide the winners. It follows that - since the selection of the winners and the consequent awarding of the prizes will take place by 28 October 2022 - the Promoter will proceed with the shipment of the prizes by 28 January 2023.
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 case 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 the site https://www.diegodallapalma-special.com/chooseyourtoy from any computer, smartphone and mobile phone. Each entrant must adopt all protection practices necessary to protect their data and/or programs stored in their computer and telephone material against any intrusion.
Any person who logs into the site 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 excluded from liability in case 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.
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 the site.
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 "#ChooseYourToy - Terms and Conditions"
The Promoter and the associated Partner Companies will advertise the contest on their own digital properties and on digital media (online, their own social profiles, influencers' profiles and Ads) and offline.
Milan, 12 September 2022 p. Cosmetica S.r.l.