CARNAVA" RAFFLE

DE LABORATORIOS KIN
  1. Council

This instrument refers to a contest called "Carnival" of Edição dos Laboratorios KIN, a company based in Spain, which will award four (4) winning participants (two (2) for each social network) with 1 pack of KIN B5+toothpaste for each winner.

This promotion is valid only for residents in Brazilian territory, in the conditions described in this instrument. The competition is promoted by the companyLaboratorios KIN, with headquarters at Avenida Diagonal 200, 2nd floor, 08018 Barcelona, Spain and with the CIF ESA08183386, simply called "KIN".

KIN will carry out a national promotion through its social networks (Instagram and Facebook), with products sold under the brand KIN, distributed in Brazil by Pharma KIN, a Brazilian company qualified above.

KIN will carry out the respective contest for promotional purposes, aimed at people with legal residence in Brazil, who are over 18 years old, with registered accounts on Instagram or Facebook, so that they participate in the aforementioned publication on Instagram and Facebook that meet all the requirements and rules requested. All participants, by the mere fact of participating in the respective promotion, accept the bases and rules that govern the participation, as well as the terms, conditions and privacy policy, and data protection exposed, as well as all Brazilian legislation in force.

It is already declared that the people professionally related to KIN, whether in this year or in the last 2 (two) years, as well as those who participated - directly or indirectly - in the development of the referred promotion, as well as their first degree relatives, will not be able to participate in the draw.

  1. Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â

As already declared above, the contest is valid for individuals with legal residence in Brazil, with more than 18 years of age at the time of participation, being extremely forbidden the participation of minors. The referred participation constitutes the full and unconditional acceptance of the rules, being the decisions taken by KIN, in all aspects related to the contest, final and binding. The obtaining of the award depends on the fulfillment of all the requirements established in this instrument, in conformity with the conditioned rules.

Registration for participation in the contest will begin on the third-february, February 16, 2021, at the time of publication of the respective post with information about the promotion, and will end on the third-february, February 21, 2021, at 23h59 Spanish time, when the draw will take place. The winner will be announced publicly on the following day, i.e. 22 February 2021, on the official KIN profile on Instagram and Facebook pages.

  1. Competition Mechanics and Participation Form

To participate in the contest, users with your registered account on Instagram or Facebook, must follow the official KIN profile on Instagram or Facebook and comment on the post on the networks, following the indications of the exemplary of the publication in question. There will be 4 (four) winners, which will be chosen randomly, through the easypromoapp.com site, among all the users who participated in the promotion, as long as they have attended and respected the requirements described in the rules.

It has already been declared that the use of automatic participation systems is prohibited, or in other words, (describe what automatic participation would be). Otherwise, the user who disrespects this rule or any other condition described in this instrument, may be disqualified. In case of conflict with the registration, the authorized account holder of the email address used to participate in the promotion will be considered a participant. The authorized account holder is understood to be the physical person who receives an email address from an Internet access provider, whether it is an online service provider, or another organization responsible for assigning email addresses to the domain associated with the address communicated. If this is the case, the winner can be notified to provide proof of identification, either from him or her, proving that he or she is the authorized account holder.

KIN declares that this contest is free of charge. The prize will not be awarded in any case:

  • Be altered, replaced or compensated at the request of the winner, and is also non-transferable, without the written authorization of KIN; (ii) cannot be rescued in exchange for money.

The only exception is, if you wish, the winner can voluntarily waive the prize. In case any winner and/or substitute of the same, is declared void as a "fake" user account, KIN reserves the right to choose the destination of the prize, without any exception for any participant.

  1. Specific Awards and Awards

After the above mentioned draw, which will be held on 16 February 2021, the winner will receive the prize. This prize consists of 1 pack of KIN B5+toothpaste for each winner. The same user will be able to participate in the promotion, commenting and marking his friends as many times as he wants, however, it is ratified in this act that the contest is valid only for residents in brazilian only.

The substitute winner will only be used in case the announced winner does not comply with the participation requirements, renounces the prize and/or does not claim the prize within the stipulated period.

  1. Winner's Announcement

KIN will publish the name of three winners, who will be chosen according to the specified in the legal bases of the contest. The winners will be announced by user name on Instagram and Facebook, since valid and used at the time of participation. To confirm the prize, the winner must contact KIN via private message. In this way, he/she will have to provide his/her personal information, delivery address, as well as a telephone number and contact e-mail address. If the winner does not respond to the message with the due data, within two (2) days after the publication of the name, the prize will be awarded to the substitute, that is, the second drawn. If the substitute does not respond within two (2) days after the notification that he/she is the new winner, he/she will automatically lose the prize and the contest will be cancelled, without any right of any participant to sue for any reason whatsoever. KIN reserves the right to award the prize to the winner, in the order determined by the contest.

Although the companies involved have taken all measures to ensure that the e-mails for receiving any information, as well as sending data from the winner, are free of viruses, we recommend that, in order to maintain good security practices, the recipient guarantees that such e-mail and its attachments (if any), are completely clean and safe.

The message described above, as well as any attached documents are confidential and are intended only for the person or entity to whom it was sent. If any third party receives this message by mistake, we inform that its content is reserved and that unauthorized use is legally prohibited, therefore, notify the sender's e-mail immediately.

  1. Acknowledgements, Authorizations and Transfer of Rights

The winners and participants expressly authorize Laboratorios KIN, as well as their partner in Brazil, to reproduce, use and disclose their name, nickname, image and any other information provided, so as to publicly disclose the results of the contest, as well as the identity of the winner(s). It is hereby declared that the respective disclosure may be made in any medium, including the Internet. Such activities do not confer any right to remuneration or any other benefit, except the delivery of the prize associated with the contest, according to the rules presented. This authorization is valid for all and will last for a period of 5 (five) years from the date of the promotion of the contest. Please note that KIN will not be responsible for any communication residues after this date, protecting and respecting the Data Protection Law nº. 13.709/2018.

It is hereby declared that, in accordance with the Personal Data Protection Law, we inform you that your data will be incorporated into our data banks to maintain professional and/or commercial relationships. Any user who has participated in the contest, will have the right to access, rectify and cancel his data, in the terms established by law, by contacting: Laboratorios KIN, S.A. - Data Protection Officer - Avenida Diagonal, 200, 2 Planta 08018, in Barcelona, as well as with his partner in Brazil (Pharmakin Com. Cosm. Ltda, domiciled at Av. Angélica 2223, CJ. 507- São Paulo - SP - Brazil with CNPJ 05.046.637/0001-32).

  1. Responsibility

Os Laboratorios KIN, nem tão pouco a Cosm. Ltda, domiciled at 2223 Angelica Avenue, CJ. 507- São Paulo - SP - Brazil with CNPJ 05.046.637/0001-32 has no duty, responsibility or contractual obligation with the participants involved in the contest, including, reserves the right to cancel or exclude any content without the prior consent of any participant. In addition, both companies are exempt from any responsibility that may arise, whether possible problems of censure, errors related to the inclusion of comments, for any reason whatsoever, there will be no indemnification or right of the participant to sue for damages. In the same way, KIN reserves the right to discard the participations that it detects as fraudulent or inadequate according to our terms, as well as pages of legal persons, artistic meios, among others already related to this instrument. KIN will not be responsible for any other damage, according to the conditions established here, including others that may not have been expressly mentioned here. By entering the contest, as well as by receiving the award, the winners agree to represent KIN and its affiliates, suppliers, distributors, advertising/promotion agencies and prize providers, as well as their respective delegates, administrators, officials, service providers and agents (the "Exempt Parties") of the company, against any claim or demand derived from the participation in the competition, receipt or improper use of any prize. In no case shall this exemption affect your inalienable rights.

KIN reserves the right to cancel, suspend and/or modify the contest - in whole or in part, in cases of suspected fraud, technical failure or any other factor, which it considers beyond reasonable control of the contestLaboratorios KIN, in case something affects the integrity or proper functioning of the contest, according to the opinion of KIN, as well as of the possible participants.

KIN also reserves the unilateral right to disqualify any person who, in its opinion, manipulates the process of participation or the operation of the contest, as well as any person who violates the terms of this instrument, whether this or any other promotion, in a prejudicial or anti-sporting manner.

It has already been declared that any attempt to deliberately prevent the legitimate operation of the contest may mean a violation of the criminal and civil law, and the offender will be liable for the due prejudice. In case of such violation, KIN reserves the right to claim damages to any person, under the terms of the relevant Brazilian legislation. If KIN does not comply with any of the terms, it will not imply the waiver of the referred provision. In addition, KIN is not responsible for any anomaly in the operation of the social profile, whether due to technical or other causes unrelated to the company and that can interrupt, suspend or prevent the development and / or participation in the promotion, without any onus. KIN is also not responsible for any loss or damage caused during the postal delivery of the prize to the winning participant, responding only for the costs of its delivery.

This promotional contest is not sponsored, endorsed, managed or associated in any way to Facebook, Instagram or any other social media. Therefore, the participants exonerate the Facebook network from any responsibility, besides Instagram.

To the maximum extent permitted by law, and without adversely affecting any of the inalienable rights, KIN shall not be liable for: (i) Incorrect or inaccurate information caused by participants, printing or typing errors, or by any failure of programs or equipment associated with or used in the contest; (ii) Technical failures of any kind, including (but not limited to) improper operation, interruptions, disconnections in telephone lines or network hardware or software problems; (iii) Unauthorized human intervention, at any time, during the participation or competition; (iv) Technical or human errors that may occur in the management of the contest or in the treatment of the participants; (v) Any remittance received late, lost, damaged or stolen, not having any obligation in new shipment; (vi) Any damage to persons or goods that may be caused, directly or indirectly, in whole or in part, by the participation of the candidates in the contest or by the receipt of the prize, or by the improper or undue use of the same.

It is already declared that if, for any reason, it has been confirmed that a participant's comment was excluded, lost or destroyed in any other way, or if it is shown that it was corrupted, the only solution for the participant is to request a new participation. However, if it is not possible to offer a new participation, due to the lack of characterization of the contest or part of it, or for any other reason, KIN may choose, and its exclusive criterion, from all the requests received until the date of said lack of characterization. In addition, no more prizes will be granted than those established in the referred contest, in the conditions described in this instrument.

The participants agree that: (i) Any conflict, claim or demand arising from or related to this contest or on any award, must be resolved individually through the District Forum of São Paulo, Capital, taking into account that the contest is governed by Brazilian legislation; (ii) Under no circumstances, the participant may obtain any payment for expenses, in addition to those actually incurred, for the due delivery of the award. Thus, it is incumbent upon you to waive the right to claim indirect, punitive, incidental and consequential damages, as well as any other damages, lost profits, as well as other rights resulting from such damages. All matters and questions related to the construction, validation, interpretation and compliance of this instrument or the rights and obligations of the participants and KIN, in relation to the competition, will be governed and interpreted in accordance with Brazilian law, without any other application or legal conflict (whether in Spain or any other jurisdiction), which may eventually cause the legal application of any jurisdiction that is not in Brazil.

  1. Fiscalização

The prizes of this promotion will be subject to the tax legislation in force, specifically to the Law that regulates the Income Tax of Individuals, through the Federal Revenue of Brazil and other concordant and stated dispositions.

  1. Data Protection

In accordance with the provision of Law 13.709/2018 on the Protection of Personal Data, as well as the guarantee of digital rights, participants in this competition are duly informed that the data provided will be incorporated into an archive of responsibility of Laboratorios KIN, in order to manage the participation in the competition. The legal basis that legitimates the processing of personal data is the consent of the users, so that they can participate in the contest. Therefore, the data will be kept during the legal period of limitation of responsibilities. The data will not be transferred to third parties, except for legal obligations and only during the time that is necessary or according to the execution of these rules.

The participating user may exercise his rights of access, rectification, exclusion or opposition provided in the Law, by addressing his order, by any means that proves the shipment and receipt, to KIN. In order for any alteration to be made to the respective data, a formal request must be sent to the physical address (including the address), as well as its copy through the electronic address (including e-mail)

The participants are informed and expressly consent, when participating in the contest, that the data collected will be part of the respective personal data file, already mentioned in this instrument, that KIN is responsible and owner. With this, it will be ratified that the objective of KIN is to properly manage the contest, delivering the corresponding prizes to the participants, with the only purpose of promoting incentive and disclosure of its brand, as well as to demonstrate the love and reciprocity to the consumer.