RITUALS & INTIMISSIMI WIN SCENTSATIONS TERMS AND CONDITIONS("TERMS AND CONDITIONS")

 

Identity

This competition is organised by Rituals Cosmetics Enterprise, having its registered office at Amsterdam, the Netherlands, and registered with the Chamber of Commerce under number 809215160 ("Rituals") and Calzedonia USA INC (Intimissimi), having its registered offices at 1350 Broadway, Suite 720 New York NY 10018 and registered with Tax ID under number 38-3988701, Intimissimi.

 

PROMOTION

The competition is a promotion that enables you to have a chance to win Rituals products and an Intimissimi gift card. The competition will run from January 26, 2020 (at 12:00 EST) up to and including February 14, 2020 (at 11:59 EST)(«Competition Term»).

 

Who can participate?

This competition is intended for all people in US aged 18 or above. If you are under the age of 18, you are not eligible to participate in this competition. Once a person has completed the requirements for participation, as set out below, they will become a participant («Participant»).

The following parties are excluded from participation: (i) employees of Rituals & Intimissimi or companies affiliated or associated with Rituals & Intimissimi, (ii) every other person who is involved in the organization of the competition, and (iii) immediate family members of the persons mentioned under (i) or (ii).

 

How to participate

Participation is free of charge. To be eligible for winning a prize, a Participant must (i) have entered a valid email address and valid personal details (this being his/her full name, surname) on the competition login screen and follow the on screen instructions and to have registered prior to February 14th (at 11:59 EST), (ii) have accepted these Terms and Conditions and (iii) opted-in for both the Rituals and Intimissimi newsletters. Your operator's standard data or communication charges shall apply for access to the competition website. Participants are free to opt-out at any time with no revocation of their discount codes or chance to win.

Participant can sign up for the competition, at their own initiative, by filling out the form on the landing page.

Any other means of sending us the participation form (e.g. by telephone, fax, or in any other way) will not be deemed valid.

 

Prize & the determination of winners

Each Participant is limited to one (1) entry in the competition and is eligible to win a Prize only once. In total, there will be one Prize drawn to be distributed in US.

The prize that Rituals provides in the competition are products with a retail value of $ 200,- or more.

The prize that Intimissimi provides in the competition is a gift card with a value of $ 200,-. The use of the gift card is subject the following terms and conditions:

 

INTIMISSIMI” GIFT CARD TERMS AND CONDITIONS EFFECTIVE: AUGUST 2ND, 2016

These terms and conditions (the “Terms and Conditions”) govern physical Intimissimi gift cards (“Store Gift Cards”) and Intimissimi electronic gift cards (“eGift Cards”). Store Gift Cards and eGift Cards may sometimes be collectively referred to herein as “Gift Cards.”

 

Store Gift Cards

Store Gift Cards are issued by CALZEDONIA U.S.A. INC. in any participating Intimissimi store in the United States. Store Gift Cards may be redeemed at participating Intimissimi bricks-and-mortar stores in the United States (for a list of participating stores, see http://us.intimissimi.com/), and online at http://us.intimissimi.com/. Upon purchase, Store Gift Cards are activated immediately. Store Gift Cards may be used towards the purchase of eligible Intimissimi-branded goods for up to the value of the Store Gift Card, in one or more transactions. Upon each purchase, the amount of the purchase will be deducted from the balance of the Store Gift Card.

 

eGift Cards

eGift Cards are issued by CALZEDONIA SPA at http://us.intimissimi.com/ only. eGift Cards may be redeemed exclusively online at http://us.intimissimi.com/; provided, however, that any eGift Card may be converted to a Store Gift Card for use at participating Intimissimi bricks-and-mortar stores in the United States prior to its first use by visiting a participating Intimissimi store and requesting conversion. eGift Cards which have already been used may not be converted into Store Gift Cards. eGift Cards may be used towards the purchase of eligible Intimissimi-branded goods for up to the value of the eGift Card. Upon each purchase, the amount of the purchase will be deducted from the balance of the eGift Card.

 

Checking Your Balance

Gift Card balances, along with all transactions made using the Gift Card, may be reviewed by the holder at any time, either online at http://us.intimissimi.com/ or by asking a representative at one of the participating Intimissimi bricks-and-mortar stores.

 

Purchasing Gift Cards

Gift Cards are available for purchase in variable amounts, from a minimum of $25.00USD to a maximum of $1,000.00USD. The purchase price shall be the value of the Gift Card and no sales tax shall be applied at purchase. Gift Cards may not be purchased at a discount or through a promotion of any kind, including payment by voucher or another Gift Card. By purchasing a Gift Card, you agree that it shall be for private use by you or by the recipient of the Gift Card, and shall not be for any commercial use or for resale.

 

Card Holder Rights

No activation, use or dormancy fees apply to Gift Cards. Gift Cards may not be reloaded, resold, transferred for value or redeemed for cash; provided, however, that Gift Cards with a balance of $10.00 or less may be redeemed for cash upon the customer’s request, only in-store at participating Intimissimi U.S. bricks-and-mortar stores, and except to the extent otherwise required by law.

 

Duration

Gift Cards do not expire.

 

Risk of Loss

The risk of loss and title for Gift Cards pass to the purchaser upon purchase. CALZEDONIA U.S.A. INC. is not responsible if any Gift Card is lost, stolen, damaged or destroyed. The balance of any lost, stolen, damaged or destroyed Gift Cards will not be replaced or refunded. CALZEDONIA U.S.A. INC. is not liable to the purchaser or the holder for any improper, unauthorized or fraudulent use of his or her Gift Card by a third party. CALZEDONIA U.S.A. INC. is not liable to the purchaser or holder for the use or malfunction of any Gift Card, and you hereby knowingly release CALZEDONIA U.S.A. INC. and its affiliates, subsidiaries and their respective officers, directors, shareholders, employees, agents and representatives from any and all liability or claims of any nature arising in connection with use of Gift Cards.

 

LIMITATION OF LIABILITY

CALZEDONIA U.S.A. INC. AND ITS AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CALZEDONIA U.S.A. INC.’S LIABILITY TO THE CUSTOMER EXCEED THE VALUE OF THE GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Notices

Any notifications and/or complaints regarding Gift Cards may be sent using the following link: http://us.intimissimi.com/ - “contact us”, or by registered mail with return receipt requested to CALZEDONIA U.S.A. INC. at 350 Fifth Avenue, 41st Floor, New York, NY 10118.

 

No Modifications

No modifications to any Gift Card terms, including those on the Gift Card and these Terms and Conditions, shall be accepted by or binding upon CALZEDONIA U.S.A. INC. CALZEDONIA U.S.A. INC. reserves the right to refuse to honor Gift Cards if it determines, at its sole discretion, that the Gift Card has been altered, tampered with or bears any indications other than the pre-printed indications. These Terms and Conditions are subject to change from time to time without notice.

 

Disputes

The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms and Conditions, including, without limitation, their validity, interpretation, construction, performance, and enforcement. With respect to international sales, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions. Any controversy or claim arising out of or relating to Gift Cards shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties waive any rights to a jury trial.

 

General Terms

CALZEDONIA U.S.A. INC.’s terms and conditions of sale apply to the purchase of all Intimissimi-branded products using Gift Cards. Please find the terms and conditions of sale here http://us.intimissimi.com/. These Terms and Conditions constitute the entire and final agreement between the parties with regard to the subject matter hereof. No modification, amendment, rescission, waiver or other change in these Terms and Conditions shall be binding upon CALZEDONIA U.S.A. INC. unless specifically agreed to in writing by CALZEDONIA U.S.A. INC. The invalidity or unenforceability, in whole or in part, of any provision herein shall not affect the validity or enforceability of any other provision herein. Failure or delay on the part of CALZEDONIA U.S.A. INC. to exercise any right, power, privilege or remedy herein shall not constitute a waiver hereof.

OR:
The Gift Card from Intimissimi can be redeemed in shops and Intimissimi.com/US. The gift card does not expire.
The gift card is only redeemable in the US and not exchangeable for money. In the event of loss or theft, the gift card will not be replaced by Intimissimi.
The winner of the competition will be selected at random amongst the Participants within three weeks after the promotion period ends and contacted by email. The winner will have a maximum of 14 days to respond to Rituals and Intimissimi and thereby claiming the prize.

 

DELIVERY

Rituals will send the Prize to the winner within a reasonable term, at the latest within 5 work days after successfully contacting the winner via e-mail.

All Prizes under this competition are strictly personal, non-transferable, and non-exchangeable for cash or any other form of compensation. Additionally, Rituals & Intimissimi are not obliged to communicate or correspond about the result of this competition. Participants need to provide a valid email address to be able for Rituals & Intimissimi to contact and deliver the Prize to the winner in a timely manner. Rituals must be able to identify you as an individual from the information collected through your participation. In this regard, you confirm that your information is accurate and up-to-date.

 

PRIVACY

By participating in the competition, Rituals will use the Participants' personal data collected solely for the purposes of running the competition. Rituals will collect Participant's first and last name and his/her e-mail address and other relevant details for participation in the competition. The winner will also need to provide Rituals with his/her postal address so Rituals can dispatch the prize. Personal data will not be further used or retained by Rituals for any other purposes, unless Participants consented thereto. The personal data provided upon participation will be treated by Rituals with strict confidentiality and will be retained and/or processed in accordance with the applicable legislation with regard to the protection of personal data. The personal data will be used, within the context of the competition, exclusively for the organization and proceedings of the competition. If, during the competition, a Participant, informs us that he/she does no longer want to participate, we will not be using his/her personal data anymore. If you have any concerns about data protection, you can also contact our company data protection officer on privacy@rituals.com.

A link to Rituals Privacy Policy can be found here https://www.rituals.com/en-us/privacy-policy.html

If you are the winner of the Prize and where you have given your consent, your email address will be shared by Rituals with Intimissimi whose privacy policy can be found here: https://www.intimissimi.com/us/privacy-policy-intimissimi.html

 

LIABILITY

Subject to Rituals' or Intimissimi’s wilful misconduct or gross negligence and to the maximum extent permitted by law, Rituals and Intimissimi respectively are only liable for direct damages caused due to Rituals' of Intimissimi’s negligence and not for any indirect damages, loss of profits or business interruption (even if Rituals or Intimissimi have been advised of the possibility of such damages or such damages are foreseeable) arising out of the Participant's participation in the competition. As such, Rituals or Intimissimi respectively are not liable for any damage arising from not being able to participate or being excluded from the competition, for whatever reason, and/or the suitability of, a defect in or the non-conformity of the Prize.

 

EXCLUSION

Rituals & Intimissimi have the right to exclude a Participant from participation in this competition and therefore the chance of winning a Prize if the Participant has provided incorrect, incomplete, unclear, or misleading information or has in any other manner committed fraud or attempted to do so. Mass form submissions, participation by or through third parties or associations, macros, or other automated methods and means of participation in the competition that do not fully comply with the provisions of the Terms and Conditions will be excluded. If a Participant uses or manipulates a computer system to circumvent the Terms and Conditions, e.g. through the use of ‘scripts’, manipulation of IP addresses, the use of a third party’s identity or login details, the use of any other automated methods to generate additional registrations to participate in the competition, this Participant and all similar means of participating in the competition will be excluded. In such a case, any allocation of a Prize will be declared null and void.

 

APPLICABLE LAW

To the extent allowed by law, this competition is governed by the laws of the Netherlands, and all disputes in relation to the competition that cannot be settled amicably will be placed exclusively before the competent courts in Amsterdam. This choice of law does not deprive you of the protection afforded to you under your own laws where such provisions that cannot be derogated from by agreement by virtue of the law of your jurisdiction.

 

APPLICABILITY

In order to participate, the Participant must accept these Terms and Conditions.

Rituals reserves the right to withdraw or amend without notice this Terms and Conditions and/or the Promotion in the event of any unforeseen circumstances outside of its reasonable control.

This promotion is not sponsored, endorsed or administered by, or associated with Facebook.

 

Questions/complaints

In case of questions or complaints about the competition, please contact:

E-mail: service@rituals.com
Post: Rituals Cosmetics Enterprise B.V.
Keizersgracht 6791017 DV Amsterdam, the Netherlands

Or: Calzedonia USA INC (Intimissimi),
Email: https://www.intimissimi.com/us/customer-service-home.html
Toll-Free Number: +1(855)564-2408