Effective as of 1st of March 2023
“Campaign” means a promotional campaign that the Organizer sets up for the Campaign Period among its current customers and followers in Instagram under the following General Terms and Conditions and which aims to promote the product and encourage new clients.
“Organizer” is the company “iCARD” AD.
“Nominee” is any participant in the Campaign who is eligible to participate in the raffle to win a Prize.
Nominator is any participant in the Campaign who has the right to make a nomination to win a Prize.
“Participant” is a registered client and/or follower of the Organizer, who has reached the age of majority, and complies with all conditions set below:
“Virtual GiftCard“ means a payment instrument (plastic or virtual card) with the logo of the Organizer and one of the Card organizations issued by the Organizer which allows the Client to execute payment orders for payment transactions with electronic money. The Card is non-reloadable, personalized with personal security characteristics as PAN, expiry date, CVV, CVC, PIN, or other similar characteristics. The Card is a payment instrument linked with the e-money account of the Client and provides access to the e-money of the Client.
“Campaign period”: means the time frame, during which the Participants can participate in the Campaign following the current General Terms and Conditions. (UTC + 2)
The current General Terms and Conditions dictate how the Campaign is conducted and govern the relationship between the Organizer and the Participants. For all unresolved terms and conditions, including the use of GiftCard are applicable, published on www.giftcards.eu.
These General Terms and Conditions are prepared per the requirements of the Bulgarian legislation and are published on the Organizer's website https://www.giftcards.eu/en/giveaway .
By participating in the Campaign, the Participants are bound by the above-mentioned Rules and agree to comply with the terms and conditions set forth below.
Art. 1. (1) The Organizer of the Campaign is iCard AD, registered in the Commercial Register to Register Agency of Republic of Bulgaria, with UIC 175325806, registered and head office: Republic of Bulgaria, Varna, postal code 9009, Mladost District, Business Park Varna B1; e-mail: email@example.com; website: www.giftcards.eu, incorporated per Bulgarian legislation.
Art. 2. Any person who meets the definition of a "Participant" and for whom there are no other legal restraints to participate, may take part in the Organizer’s Campaign.
Art. 3. The Organizer can verify at any time if the participants are complying with the terms and conditions set in this document.
Art. 4. The Organiser has the right to prohibit any participation which is breaching the provisions of the Term and Conditions. Also, the Organiser is entitled not to award or to withdraw the prizes which were obtained by breaching the Terms and Conditions.
Art. 5. The period during which the follower shall take place starts at 00:00 AM on 1st of March 2023 (UTC +2) and will continue until 23:59 PM (UTC +2) on 8th of March 2023, inclusive. This is the last day and hour that are binding for the Organizer and during which Participants can take part in the Campaign.
Art. 6. The period of the Campaign can be modified under the condition presented in Section IX.
Art. 7. During the Campaign period, each nominee for the Campaign may participate in the draw for winning a material prize, in case all of the preconditions set below are met:
Art. 8. If the nominator makes several different nominations, each individual nominee participates in the prize draw.
Art. 9. Participants have no right to damage the image of the Organizer or any third party with their post, nor to publish any vulgar, cynical, obscene statements and/or scenes, nor any statements that harm the honour and dignity of the Organizer and/or third parties, nor any statements and/or scenes that violate good morals or the rule of law, incite violence, incite racial, national, ethnic and/or religious hatred. To this end the Organizer reserves the right to delete any comment, reply, image, etc. which in the Organizer’s sole discretion violates the above-mentioned requirements and are related in any way to the Organizer or/and its product or service.
Art. 10. The organizer shall select the winning participants as follows: by randomly drawing the respective number of Winners through electronic means - in particular, a free web tool, chosen by the Organizer and operating on a random basis, within 2 (two) working days after the last day of the Campaign. The draw will take place at the Organizer's premises by the Organizer's designated employees - the Committee.
Art. 11. The Organizer shall give 3 (three) prizes to 3 (three) winners.
Art. 12. Each Participant is entitled to receive only 1 (one) Prize. The prize awarded by the Organizer is a GiftCard loaded with 100.00 (one hundred) euro.
Art. 13. The winning participants shall be announced until 10th of March 2023 on the relevant Organizer’s Instagram page. Until 9th of February 2022, the Organizer shall also inform the winners individually via posting a comment under the winners’ winning comments, saying that these participants are the winners and asking them to contact the Organizer, via message on the relevant Organizer’s Instagram page and to provide his/her contact details, within 14 (fourteen) days.
Art. 14. In case the Organizer cannot contact a winner within the above-mentioned 14 (fourteen) days as of the announcement of the winner via posting under the winner’s comment as set above, and after at least 3 (three) attempts for contacting, or the winner cannot be found, or the winner refuses to participate in this Campaign, or the winner refuses to receive, or does not show up to receive his/her prize, the latter loses his/her right to receive the prize. In case the Organizer cannot contact a winner, or the winner refuses to participate in this Campaign, or the winner refuses to receive, or does not show up to receive his/her prize, the Organizer is entitled to give the prize to an alternate winner by organizing a subsequent draw (redraw). The terms set above for contacting the winners shall be applicable for contacting the alternate winner.
Art. 15. The Organizer shall send the prize won by a winner participant in terms of 7 (seven) business days as of contacting the winner. The prize will be sent via e-mail address after explicit confirmation by the winner.
Art. 16. The winner participant is obliged to provide all necessary assistance to the Organizer to receive the prize, including to receive the delivery of the prize sent by the Organizer. In case the winner does not provide all necessary assistance to receive the prize, this winner loses his right to receive the prize. After delivery of the prize, the Organizer is entitled to announce it on his website and/or social media accounts.
Art. 17. The Organizer shall bear no responsibility in case a winner does not exercise his/her right to receive the prize under the conditions and the procedure set above. The Organizer is not obliged to store the prize for any time. The Organizer does not provide receiving a prize at a later moment.
Art. 18. The Organizer is not obliged to perform any communication with the Participants who have not been pointed as winners, including for the fact that they are not winners in the Campaign.
Art. 19. The received prize cannot be exchanged, cannot be renegotiated, and/or cannot be transferred. The prize cannot be exchanged for its monetary value.
Art. 20. In relation to the prize received, the winner is entirely liable for all legal obligations related to tax, social security, and similar.
Art. 21. The prize is provided by the Organizer. The Terms and Conditions for GiftCard are set in Terms and conditions for GiftCard on https://www.giftcards.eu/en/home .
Art. 22. The current General Terms and Conditions shall be made public and available at any time and free for clients/participants throughout the Campaign Period on the Organizer's site webpage www.giftcards.eu.
Art. 23. Any Participant who fails to meet any of the requirements, expressed in the definition of “Participant”, shall lose the right to participate in this Campaign.
Art. 24. The Organizer is entitled to take all necessary measures in the event of an attempt to defraud the system, abuse or any other attempts that could affect the image of this Campaign, or the image of the Organizer or its affiliates.
Art. 25. In the event of a dispute over the validity of participation in this Campaign, the decision of the Organizer is final.
VIII. PERSONAL DATA
Art. 27. The Organizer has the irrevocable right to terminate the Campaign by a unilateral and unmotivated decision at any time, by declaring this in accordance with Section VII. Publicity, in the event of circumstances beyond his control, which hinder the Campaign’s further performance and cannot be eliminated by the Organizer.
Art. 28. The Organizer has the irrevocable right to terminate the Campaign at any time without notice to the Participants if he finds abuse or gross violation of the rules, in case of force majeure or for other objective reasons, including but not limited to material losses, an order of the competent state authorities for the suspension of the Campaign, and others. In the event of misuse, negligence, or violation of the Rules by a Participant, the Organizer has the right to disqualify him.
Art. 29. No compensation in any form and/ or amount shall be owed to the participants for termination of the Campaign irrespectively of the reason for the termination.
Art. 30. Nothing in these terms and conditions creates any contractual relationship between the Organizer and the Participant different from the Campaign.
Art. 31. The Organizer shall not be liable for any participants’ actions. Each Participant is liable for his/her actions.
Art. 32. The Organizer shall not be liable in case any winner cannot receive or use his/her prize due to mistaken/wrong/no information provided by the Participant him/herself for his/hers identity, as well as in case the Participant has provided wrong or misleading information for him/herself and/or in case the Participant has not received his correspondence and/or cannot be found on the e-mail address pointed by him/her and/or cannot be found via the provided means of communication and/or in case of any reason beyond Organizer’s control.
Art. 33. The Organizer does not bear any liability for any incomplete or inaccurate data provided by the Participant, nor shall bear any responsibility in case of Participant fails to participate in the campaign due to extraordinary circumstances such as force majeure, unforeseeable circumstances, local or global Internet network problems, connection services, provided by third parties, as well as any other services which are out of the Organizer’s control.
Art. 34. The Organizer does not guarantee that the access to the Internet will be constant, on time, secure, without any fails, as far as this is due to circumstances out of Organizer’s control.
Art. 35. The Organizer shall not bear any responsibility for loss of stored information caused by extraordinary and uncontrolled system fails or technical problems related to participation in the Campaign.
Art. 36. In case of any technical problem on the Organizer’s Instagram page the announcement of the winners shall be postponed until the technical problem is resolved. The Organizer kindly asks all Participants to strictly check not only their notifications but also their recent message on the social media platforms, as well as their message requests folders in their social media for any messages sent from the Organizer. The Organizer shall bear no liability in case his notification is dropped in the winner’s SPAM folder, message request folder, or other similar folder. The Organizer shall bear no liability in case the winner has not noticed the notification sent from the Organizer and/or has not confirmed receiving the prize as pointed above.
Art. 37. Any kind of manipulation, attempts of manipulation, and use of any kind of methods that may somehow add registration for the Campaign “automatically” and any similar are strictly forbidden. Each Participant who tries to break or breaks the rules of the Campaign set in these terms and conditions shall be disqualified by the Organizer. Breaking the rules includes any kind of action which changes the element of personal and individual participation in the Campaign, and/or any action which changes the mechanism of this Campaign and/or unlawfully increases the chances of winning for a certain Participant.
Art. 38. The Organizer is not liable in any way for direct or indirect damages resulting from participation in the Campaign.
Art. 39. Also, the organizer assumes no responsibility for:
(a) The Errors in the data provided by the winner or participants; the accuracy of the contact details is the sole responsibility of the participants. For the sake of clarity, the Organizer does not assume responsibility for the data provided by the winner which is not in line with reality, for which reason he cannot take possession of the prize nor for the processing of the information thus provided. If it is found that a winner has provided false, erroneous data, the person will not be able to receive the prize, and if he has received it will be obliged to return it together with any damage caused to the Organizer;
(b) The cases in which the winner does not comply with the validation conditions detailed in this Terms and Conditions;
(c) The damages suffered by any participant designated as the winner) in connection with the prize won;
Art. 40. The Organizer reserves the right, at his sole discretion, to amend and supplement the terms and conditions of this Campaign at any time. Any changes shall be in effect as of the day pointed by the Organizer and shall be made public and available to all participants and users in accordance with Section VII Publicity accordingly.
Art. 41. Any change in the terms of the Campaign Period shall be duly published on the Organizer's website www.giftcards.eu.
Art. 42. In case of discrepancy between the existing provisions on advertising materials and these Terms and conditions, the provisions of these Terms and conditions shall prevail. The Organizer is not responsible for any graphic errors on the communication materials.
Art. 43. In case a prize cannot be awarded to a winning participant, even after a redraw has been conducted in accordance with the provisions of these GTCs, the prize will remain in the possession of the Organizer who may dispose of them freely in the manner he deems necessary or according to his interests.
Art. 44. If a certain provision of these Terms and Conditions is declared null and void, the other provisions remain valid to the extent that they can produce legal effects even in the absence of conditions declared null and void. As far as possible, the annulled conditions are replaced by another reasonable regulation, legally valid, which corresponds as much as possible to the purpose of the invalid provisions.
Art. 45. All the Participants accept that the Organizer may use their comments in the Campaign for marketing materials.
Art. 46. For the cases not settled by the current General Terms and Conditions the provisions of Bulgarian law shall apply. Any dispute, contradiction or claim arising out of or relating to the performance, interpretation, application or termination of the General Terms and Conditions shall be governed by the parties through mutual concessions. If the parties fail to settle their relations out of court, the relevant Bulgarian court is competent to resolve the dispute, in accordance with the Bulgarian legislation.
Art. 47. These Terms and conditions for the Campaign “Celebrate HER” are effective as of 1st of March 2023.