MINISTRY OF ECONOMIC DEVELOPMENT

TERMS AND CONDITIONS IN ACCORDANCE WITH ART. 11 OF PRESIDENTIAL DECREE NO. 430 OF 26 OCTOBER 2001

PRIZE COMPETITION

“NORTH SAILS VINCI ST. TROPEZ”

PROMOTED BY THE COMPANY

TOMASONI TOPSAIL SPA

ART. 1 - PROMOTING COMPANY

Tomasoni Topsail s.p.a., with registered office in Milan, at via Luca Signorelli 10 (VAT No. 08768270152) (Promoter).

ART. 2 - DURATION

From 15 April 2019 (starting at 00:00 hours) until 31 August 2019 (ending at 23:59 hours). Prizes drawn by 30 September 2019.

                                                                                                

ART. 3 - PURPOSE OF THE COMPETITION

The aim of the competition is to increase awareness of the North Sails brand (a brand distributed in Italy by Tomasoni Topsail s.p.a.) and of the website https://webstore.northsails.com/it/it/homepage/ (Website) as well as the products offered for sale on this website (clothing).

ART. 4 – COMPETITION ENTRANTS

The prize competition is open to anyone who is an adult at the time of

entering the competition and who enters the "North Sails Vinci St. Tropez "(Competition) using the appropriate registration form on the Website between 15

April 2019 (starting at 00:00 hours) and 31 August 2019 (ending at 23:59 hrs) and who

has accepted the terms and conditions for taking part.

The following are excluded from entering the Competition:

- the Promoter's employees and/or personnel, their spouses, parents and

children;

- persons under the age of 18.

ART. 5 - TERRITORY

The competition is taking place within the national territories of Italy, Spain, France, Germany, the UK and the Netherlands.

ART. 6 - NOTIFICATIONS

Entry into the competition will be via the Website, at the established connection cost

by the personal price plan agreed with the entrant's own provider (the Promoter

does not operate as an Internet provider and receives no benefit from the connection to the

Internet). The Website used to run the Competition is located in

Italy, and the Promoter agrees to provide the authorities with the

prize competition database on request.

ART. 7 - HOW TO ENTER

To take part in the Competition, entrants need to access the

www.webstore.northsails.com/win page of the Website and register by completing the

registration form on this page. Entrants must enter their

forename, surname, email address and the postcode of their home address (entrants

may also enter their gender and age, although failure to provide this information will not prevent them from entering the Competition). The Website can also be accessed

through advertising emails (“DEM”) relating to the Competition, in which

case users will be able to enter the Competition by clicking the hyperlink

to the www.webstore.northsails.com/win page.

In any case, irrespective of the means of registration, each user will be able to

register only once to enter the prize draw. The same

email address cannot be associated with more than one entrant, and entrants will not be allowed

to take part using different email addresses. Any actual or attempted fraudulent actions

aimed at creating false identities for the purposes of engaging in multiple registrations

will result in exclusion from the Competition.

ART. 8 - PRIZES AND TOP PRIZE

The Competition prizes are the following:

a) a weekend in St. Tropez during the Les Voiles regatta, worth EUR 2,500.00.

b) 10 vouchers worth EUR 100, i.e. a total value of EUR 1,000.00.

c) 110 vouchers worth EUR 20, i.e. a total of EUR 2,200.00.

The total prize pool value amounts to EUR 5,700 (including VAT). From this amount the

Promoter has provided for the guarantee deposit stipulated by Article 7 of Presidential Decree 430/2001 in favour of

the Ministry of Economic Development.

The prize referred to in sub-section a) consists of a weekend in St. Tropez during the Les Voiles regatta (from 4 to 6 October), including a sailing boat trip. For this period of time, the Promoter undertakes to book a 2-night stay for two people in St. Tropez in a 4-star hotel (breakfast included). The Promoter also agrees directly to book the train ticket or outbound and inbound flights, and transfers between the station or the airport and the hotel, for this stay. The winner declares that neither he/she nor the person who will accompany him/her during the stay have any health problems or illnesses related to sailing. Should this be the case, the winner and/or the person accompanying the winner agree not to accept the prize. The defaulting party agrees not to hold the Promoter liable for any damages or harm that he/she may suffer.

Each voucher is valid until 31 December 2019. The winner will receive the prize via email.

ART. 9 - THE DRAW

The prizes stated in art. 8 will be drawn on a single occasion at

end of the Competition, and in any case no later than 30 September 2019, in Milan, in

presence of a notary.

Specifically, the prizes will be drawn at random from an electronic file that will include all of the

names of those who have registered for the Competition.

The electronic file generated by the system in digital format will be used to draw the prizes stated in

sub-section b) of art. 8, and then sub-section a) of the same article.

For the prizes referred to in sub-sections b) and c), a reserve name will also be drawn to be used in the event that the winner does not want or cannot accept the prize. Two reserve names will be drawn for the prize referred to in sub-section (a).

The technical characteristics of the software used to manage the database for the registration of

entrants into the draw are certified by an appropriate IT expert assessment.

ART. 10 - NOTIFICATION OF THE WINNERS

Each winner will be notified of their win exclusively via electronic mail, within

5 (five) days of the date of the draw. Each entrant will need

to ensure that his/her electronic mail is functioning correctly.

The email notification of the win will include a request for the information required to

enable the Promoter to identify the winner correctly, and to send the

prize awarded to him/her. If the Promoter does not receive any response from

the winner within 5 (five) days of sending the email notification of the

win, or if the winner's response email does not contain the information required for the purposes

of sending the prize, the Promoter will award the prize to the first

reserve name from those drawn.

The Promoter also reserves the right to ask the winners for a copy

of their identification, which can be used to establish that the user was an adult

at the time of registration. If this is found not to be the case,

it will be impossible to award the prize and will lead to the prize being awarded to the first

valid name drawn as a reserve. 

ART. 11 - DELIVERY OF THE PRIZE

The prize will be delivered within 5 (five) days of the date on which the Promoter receives the winner's reply email, as stated in article 10 above.

With regard to the prize in question, the Promoter will contact the winner within the period referred to in the preceding paragraph to agree on the dates for the outbound and inbound flights to and from St. Tropez; at this point, the Promoter will also provide the address of the hotel. The flight and hotel stay may only be used in conjunction with the “Vinci St. Tropez” package.

The Promoter shall not be liable in the event of the winner providing erroneous or incomplete information. The Promoter is not required to carry out any further research to identify the winner in the event of an incorrect or incomplete address. In such a case, the winner will not receive the prize or any compensation whatsoever.

The prizes won cannot be converted into other goods or services.              

ART. 12 - UNCLAIMED OR NON-ALLOCATED PRIZES

Any unclaimed or non-allocated prizes will be donated to the following charity: Worldrise

ART. 13 - COMMUNICATION OF THE TERMS AND CONDITIONS

Terms and Conditions for the "North Sails Vinci St. Tropez” competition can be found on the Website. Users may also ask to be emailed the Terms and Condition by writing to the Promoter at the following email address: customercare@northsails.com.

The Competition will only be advertised in the stores participating in the initiative and with outlets on the ships indicated in Article 4.

ART. 14 - AMENDMENTS TO THE TERMS AND CONDITIONS

In accordance with the provisions of Article 10 of Presidential Decree 430/2001, the Promoter may amend these Terms and Conditions after notifying the Ministry of Economic Development and provided that the amendments do not affect the rights acquired by the entrants to the Competition. In this case, the amendments to the Terms and Conditions will be communicated in the same way as the Terms and Conditions were announced or by equivalent means.

ART. 15 - WAIVER OF COMPENSATION

The Promoter declares its intention to waive the compensation of the withholding tax in favour of the winners pursuant to Art. 30 of Presidential Decree 600/73.

ART. 16 - POLICY RELATING TO THE PROCESSING OF PERSONAL DATA

The Promoter is the Data Controller of the Competition entrants' personal data. Pursuant to Article 13 of Regulation (EU) 679/2016 on the protection of personal data (GDPR), the Data Controller provides the following policy:

Provision of a forename, surname and e-mail address on the Competition registration form or, in any event, during the course of the "North Sails Win St. Tropez " prize competition, is required to enter the Competition and for engaging in the activities specifically associated with the running of the Competition itself, (i.e.the prize draw, notification of winners, awarding and delivery of prizes, etc.), as well as to fulfil legal or regulatory obligations (e.g. tax obligations, and obligations deriving from Presidential Decree 430/2001). The provision of your personal data for these purposes is mandatory for entry to the Competition and any refusal to provide it will therefore prevent you from registering and participating in the Competition or from receiving the prize. The provision of data relating to your gender and age is not necessary for entry to the Competition and failure to provide such data will not prevent you from entering the Competition. The legal basis for the processing is, depending on the case, the obligation on the part of the Promoter to fulfil the contract with the Data Subject, to take pre-contractual measures adopted at the request of the Data Subject or the need to comply with legal obligations.

By selecting the appropriate box on the Competition registration form, entrants may also grant their express and specific consent to the sending of communications, including by email, by the Promoter relating to promotional offers or other commercial initiatives associated with the North Sails brand or with products offered for sale on the Website. The above is without prejudice to the right of users to request, at any time thereafter, that they no longer receive such communications by contacting the Promoter at the contact details listed at the end of this policy, or, in the case of emails, by selecting the appropriate link within each message. The provision of personal data for these purposes is purely optional and any refusal to provide it will not affect the Data Subject's ability to enter the Competition. The legal basis for the processing is the consent of the Data Subject.

The personal data provided by users will be processed using electronic and hard copy means, suitable for ensuring respect for the confidentiality of the Data Subjects.

The Promoter will retain the personal data for no longer than is necessary to fulfil the purpose for which it has been collected.

With particular reference to marketing purposes, the data will be stored for no longer than 24 months from the date of its provision. Before this term expires, the Promoter will request confirmation of consent to receive communications for marketing purposes. If consent is not granted, the data will be deleted for these purposes.

The entrants' personal data, which will not, in any event, be disseminated, may be disclosed to third parties to which communication is necessary for the correct running of the Competition (e.g. notary or other public official responsible for conducting the draw, Ministry of Economic Development, service providers, consultants, parties responsible for delivering the prizes, etc.), and, where the Data Subject has granted their express consent, for the purposes of sending commercial communications relating to the North Sails brand or to products offered for sale on the Website. The list of parties to which the data may be communicated or which may become aware of it in their capacity as Data Processors can be obtained by contacting the Promoter as follows: email: customercare@northsails.com; fax 0185 263979; tel.: 0185 200555.

Pursuant to Article 13 of the GDPR, the Data Subject has the right to:

- request from the Promoter access to their personal data and to correct or delete it or to restrict or object to its processing, and the right to data portability;

- withdraw their consent at any time without prejudice to the lawfulness of the processing based on the consent granted prior to its withdrawal;

- lodge a complaint with a supervisory authority (e.g. the Data Protection Authority).

The above rights can be exercised on request, simply by contacting the Promoter as follows: email customercare@northsails.com; fax 0185 263979; tel. 0185 200555.

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