Terms & Conditions Of Promotions
Please read these Standard Terms and Conditions of Promotions and the corresponding Special Terms and Conditions of Promotions carefully.
Article 1 – Participation
1. Every natural person with a permanent residence of domicile in the promotion area, who is older than 18 at the time of participation, may participate in the promotion. MELA NATURAL HAIR AND SKIN is entitled to ask for proof.
2. The participant must have an existing e-mail address and address in the promotion area. Participants who use an incomplete or fictitious e-mail address, address and/or names may be excluded from participation by MELA NATURAL HAIR AND SKIN.
3. Employees of MELA NATURAL HAIR AND SKIN, of businesses associated with MELA NATURAL HAIR AND SKIN, and all persons who are involved directly or indirectly with the promotion, its organisation, or the benefit, or the direct or indirect provider of the benefit and their respective employees, are excluded from participation.
4. In the event of misuse, fraud, manipulation, circumvention or a breach of the terms and Conditions of Promotions, MELA NATURAL HAIR AND SKIN is entitled to exclude participants or groups of participants. MELA NATURAL HAIR AND SKIN is entitled to do this on the basis of a suspicion and is not bound to inform the participant or to provide proof.
5. By participating in the promotion, the participant states to agree to the terms and Conditions of Promotions.
6. The participant can only participate in the promotion during the promotion period and only in the manner described in the Special Terms and Conditions of Promotions. If the Participant submits his entry late, early, in a way other than the prescribed manner, or otherwise incomplete, he shall be excluded from participation without further notice.
7. There are no costs or conditions associated with participation, except insofar as provided otherwise in the Special Terms and Conditions of Promotions.
8. The participant states and guarantees that the entry material that he/she makes available to MELA NATURAL HAIR AND SKIN in the framework of a promotion is not unlawful and not in breach of the law. In particular, the participant states and guarantees explicitly that the entry material does not breach intellectual property rights or other rights of third parties and is not injurious, insulting, racist, offensive, libellous, discriminating or otherwise in breach of good taste or decency and is not and cannot be misleading or unlawful in any way. If MELA NATURAL HAIR AND SKIN believes this to be suitable or necessary in its own free opinion due to one of the aforementioned reasons or any other valid reason, MELA NATURAL HAIR AND SKIN may refuse or remove the entry material without consultation with or consent from the Participant.
9. The participant transfers all current and future intellectual property rights and other rights to the entry material explicitly and unconditionally to MELA NATURAL HAIR AND SKIN, (1) for as long as the relevant rights apply and (2) to the extent permitted by law. MELA NATURAL HAIR AND SKIN may use and license the entry material worldwide and without restrictions by means of every conceivable medium after expiry of the promotion period. Furthermore, the participant waives every right to compensation in connection with the entry material and its transfer.
10. Only during the promotion period may the participant request MELA NATURAL HAIR AND SKIN to remove his entry material, following which the relevant entry material will be removed as soon as possible. This request leads to a declaration of invalidity of the participation in the framework of which the entry material was transferred. The relevant participant will no longer be eligible for the benefit for that participation.
11. If a participant participated in the promotion in breach of the terms and Conditions of Promotions, MELA NATURAL HAIR AND SKIN reserves the right to designate a new winner for the relevant benefit and/or the exclude the participant from this promotion or any subsequent promotions. MELA NATURAL HAIR AND SKIN is not obliged to note that the Benefit has become null and void.
12. Participation by means of certain scripts, systems, automated functions, or other methods that increase the chances of winning is prohibited.
Article 2 - The Benefit
1. The benefit is strictly personal, non-exchangeable for goods and/or services and not transferrable without written permission from MELA NATURAL HAIR AND SKIN.
Article 3 – Exclusion of liability
1. MELA NATURAL HAIR AND SKIN is not in any way liable for costs and additional expenses a Participant would have to incur in connection with the payment or use of the benefit.
2. Except for gross negligence or intent, MELA NATURAL HAIR AND SKIN, its employees, assistants or third parties it engaged are not liable for damage caused by the payment or use of the Benefit or the participant's participation in the promotion.
3. Except for gross negligence or intent, MELA NATURAL HAIR AND SKIN, its employees, assistants or third parties it engaged are not liable for damage caused by faults of whichever nature in the software, computer, network, the internet that caused the entry of the participant to be received late, poorly, delayed or not at all by MELA NATURAL HAIR AND SKIN.
4. MELA NATURAL HAIR AND SKIN does not provide any guarantee in relation to the paid benefit and excludes every liability, except for gross negligence or intent, in that regard. Gallagher Europe is not liable for (i) any defects to the Benefit, (ii) if the benefit is received later than announced, (iii) received by the wrong person, (iv) or was lost or damaged during its shipment or (v) if the Benefit or replacement Benefit deviates from the offered benefit on subordinate points.
5. MELA NATURAL HAIR AND SKIN is not responsible or liable in the event of fraud by participants.
6. The member is exclusively liable for the content of the entry material that he makes available in the framework of the promotion. MELA NATURAL HAIR AND SKIN cannot be liable for this in any event. The participant shall indemnify MELA NATURAL HAIR AND SKIN against any claim by a third party in connection with the content of the entry material submitted by the participant.
Article 4 – Privacy
1. The personal details that are provided by the participant to MELA NATURAL HAIR AND SKIN in the framework of this promotion are subject to the applicable national legislation regarding privacy. In its capacity as the party responsible for processing, MELA NATURAL HAIR AND SKIN shall only process these details for purposes that promote the proper progress of the promotion, own market research and direct marketing, and for purposes referred to in Article 2. Within the framework of the aforementioned purposes, the personal details may be passed on to one or more entities of the group to which MELA NATURAL HAIR AND SKIN belongs or in the event of a statutory obligation or following a request from the police or judicial authorities. The personal details shall not be given or sold to third parties.
In some cases the user may provide these personal details through his account with social media, such as Facebook or Netlog. In that case MELA NATURAL HAIR AND SKIN shall only process those details obtained by means of the social media that are necessary to realise the aforementioned purposes.
2. Every participant may exercise his statutory right to access, improve, or oppose the use of personal details for direct marketing free of charge by sending a written, signed and dated request to that effect, together with a copy of his proof of identity to MELA NATURAL HAIR AND SKIN, by means of standard post to MELA NATURAL HAIR AND SKIN 7 Shill street, Witbank, Mpumalanga 2303. If it concerns an electronic proof of identity, a print of the content of the chip or an official statement of domicile are also required.
Article 5 – Complaints
1. Anybody with questions, complaints or comments may turn to the MELA NATURAL HAIR AND SKIN Customer Services at the address or telephone number as included in the Special Terms and Conditions of Promotions. Customer Services can also be contacted at the e-mail address firstname.lastname@example.org.
Article 6 – Final Provisions
1. MELA NATURAL HAIR AND SKIN is entitled to amend these terms and Conditions of Promotions, without stating reasons, or to cancel the promotion, if, in the light of statutory or regulatory provisions or interpretations thereof by government bodies, the promotion cannot be continued or cannot be continued unchanged, if the further implementation of the promotion is actually or otherwise impossible or impossible under the same conditions or if the circumstances concerning the promotion have changed to such an extent that its continued progress involves unreasonable or disproportionate extra costs or difficulties for MELA NATURAL HAIR AND SKIN. The most recent version of these Terms and Conditions of Promotions can be consulted on the website throughout the Action period.
2. The content of the terms and conditions is under reservation of clerical errors and interpretation. It is not possible to derive any rights from clerical errors or mistakes by MELA NATURAL HAIR AND SKIN.
3. These Terms and Conditions of Promotions are governed by the law of the promotion area determined in the Special Terms and Conditions of Promotions, if the promotion area comprises several countries, it is governed by the law of the domicile of the participant, being: the Netherlands, Belgium, France, Germany, Austria, Switzerland, Denmark, UK, France, Luxembourg and Sweden.