OFFICIAL RULES OF THE CAMPAIGN
"BACK TO SCHOOL"
Art. 1 - Organizer and Official Rules of the Campaign
1.1 The "Back to School" campaign related to the NEVERSEA 2024 festival edition is organized and carried out by the company NEVERSEA S.R.L., a Romanian legal entity with its registered office in Cluj-Napoca, 122A General Eremia Grigorescu Street, Cluj-Napoca county. Cluj, registered in the Trade Register attached to the Court of Cluj with no. J12/183/2017, having Tax Registration Code RO 36944344, (hereinafter also referred to as the "Organizer").
1.2. NEVERSEA SRL is the organizer of the "Neversea Festival" event, which will take place in Constanta in 2025 (hereinafter referred to as the "Festival").
1.3. The decision to carry out the Campaign according to the rules of these Regulations is final and binding on the Participants.
1.4. Participants in the Campaign are obliged to comply with the terms and conditions of these Official Campaign Rules (hereinafter referred to as the "Official Rules").
1.5. The Official Rules are available free of charge to any interested person, at any time during the Campaign, by accessing the www.neversea.com website.
1.6. The Organizer reserves the right to complete and/or modify the Official Regulations, the completion and/or modification being made public by publication on the website www.neversea.com.
Art. 2 – Legal basis
2.1. The campaign is organized in accordance with the provisions of the Government Ordinance no. 99/2000, regarding the marketing of products and services on the updated market and in accordance with the relevant legislation.
Art. 3 – Territory and duration of the Campaign
3.1. The campaign is organized starting with 02.10.2024 and until 05.11.2024.
3.2. The Campaign takes place on the territory of Romania, taking place online through the www.neversea.com but also by sending products to the address of eligible participants in Romania. This is communicated on the aforementioned website, as well as on the official social media pages (Instagram and Facebook) of the Organizer. The campaign applies only to delivery addresses in Romania.
Art. 4 - Right to participate
4.1. The eligible participant according to items 5 and 6 who has purchased at least one Under 25 Voucher (General Access 4 Days) during the campaign period 02.10.2024 (00:01) – 05.11.2024 (23:59) will receive, by courier, a Fun Ticket.
4.2. The person who purchases more UNDER25 4-day General Access vouchers for the Neversea 2024 festival will receive a number of Fun Tickets equal to the number of tickets purchased, within the limit of available stock (maximum 1000 tickets). The Fun Card will be delivered to the address entered by the person who performs the check-in. Tickets will not be issued for tickets other than the one for which the user has checked in.
4.3. Any error and/or omission regarding the personal data provided by the Participant to the Organizer does not entail the latter's liability, the accuracy of the contact details provided by the Participants being their sole responsibility.
4.4. Entries submitted under the following conditions will not be taken into consideration:
- If they have been carried out through fraud attempts or by any other means and/or electronic and/or software equipment than those indicated by the Organizer, or have been carried out in breach of any of the conditions and terms of the Official Regulations;
- They are not related to the nature and purpose of the Campaign, as detailed in these Official Regulations.
4.5. The following categories of persons may not participate in the Campaign:
- persons who have not agreed with these Regulations
- employees of any companies involved in carrying out any activities related to the organization and conduct of the Campaign.
- employees of NEVERSEA S.R.L.;
Art. 5 - Mechanism of the Campaign and Method of registration in the Campaign
5.1. In order to participate in this Campaign, the Participants must meet the criteria of the following mechanism:
- The participant must have the right to participate, according to the provisions of art. 4 above.
- If the Participant has purchased at least one Under 25 General Access 4 Days Voucher during the campaign period, he/she is automatically enrolled in the campaign.
- There are 1000 prizes called "Fun Ticket" and they will be awarded to the first 1000 people who purchase the product mentioned in these Regulations.
- In order to purchase Under 25 products, the specific conditions for the purchase of the product will be met, which you can find in the Neversea Terms and Conditions and which we attach here:
" UNDER 25 Voucher - guarantees access to the Festival for the entire period of its development to the Participant who meets the conditions of the "UNDER 25" program.
The products within the Under 25 Program are dedicated and available only to people who meet the following conditions:
- The person who purchases this voucher has not reached the age of 25 on the first day of the Festival, the date to be announced by the Organizer;
- She is enrolled in a form of education in Romania and can prove enrollment in a form of education in Romania by presenting a document attesting to this fact (card, certificate, etc.) and the identity card in order to verify the person's name and age.
- At the time of the festival, the voucher buyer will go to the "Accreditations" point, located within the festival, from where he will directly pick up his festival participation bracelet by presenting the identity card and the card or certificate proving the quality of pupil/student (the certificate from which the Personal Numeric Code (CNP) will be deleted by any means that ensures the indecipherability of the CNP, e.g. erasing it with a marker).
- If the holder of the purchased Under 25 voucher cannot prove that they are eligible, they will pay the difference between the full price of the voucher and the price paid on the voucher within the promotion. Otherwise, access to the Festival perimeter will not be allowed.
- These vouchers are offered on a schedule basis and are carried out within the limit of available stock. Prices are displayed in the Tickets section of the website."
5. If the participant is among the 1000 people who purchase the eligible product in 2025 and will purchase a Subscription (General Access 4 Days or VIP 4 Days) for the Neversea Festival Edition 2026 as well, then he/she will participate free of charge in the Neversea Festival Edition 2027 based on this fun ticket.
Art. 6 - Award and Awarding
6.1. The prize consists of offering free access to the Neversea Festival Edition 2027 to those who have obtained the "Fun Ticket" and comply with the conditions of these Regulations. There are 1000 such cards and they will be awarded to the first 1000 people who purchase the Neversea product in the campaign, within the limit of available stock. Each "Fun Card" will have a unique series to help identify the beneficiary and offer the prize.
6.2. On a weekly basis, only those persons who can take possession of the "Fun Card" will be notified by e-mail, until the maximum number of available prizes is reached.
6.3. In order to receive the Ticket, participants must check-in via the online check-in system on page www.neversea.com and enter their address (which will also be the delivery address). Check-in can only be done for one ticket, respectively for the ticket that will be used by the person who checks in online. Without online check-in, the Organizer will not be able to send the Card. The maximum check-in period is 10 days from the date of completion of the campaign.
6.4. Consequently, the Entertainment Ticket will be sent to the address entered by the person checking in. The Organizer will not deliver the Ticket to anyone other than the person who checked in, even if the ticket was purchased by another person.
6.5. The "Fun Tickets" will be sent to the addresses indicated by the winners, by courier, within 30 days from the moment of communication of the delivery address. The organizer is not responsible for the erroneous communication of the address or for the failure to pick up the package.
6.6. The cash equivalent of the prize obtained within this Campaign cannot be awarded, respectively these prizes cannot be exchanged.
6.7. Participants in the Campaign are not subject to any additional direct or indirect expenses.
6.8 The estimated value of the prizes is 60000 Euro.
Art. 7 – Liability
7.1. The Fun Card is not an official document and cannot be used for purposes other than those mentioned in this campaign. The badge does not confer legal rights and cannot be transferred, sold or used outside the conditions of the campaign.
7.2. The Fun Card is a promotional symbol offered exclusively within the Neversea "Back to School" campaign, held between October 1 and November 5, 2024. This gives the holder the right to participate free of charge in the Neversea 2027 edition, provided that they purchase a subscription (General Access 4 Days or VIP 4 days) for the Neversea 2026 edition.
7.3. The Fun Card cannot be used for other editions of the Neversea festival or other events, and cannot be replaced in case of loss, damage or theft. The organizers do not take responsibility for the loss of the card. Participants are advised to contact the e-mail address [email protected] to report various situations that have arisen and to verify the validity of their registration in the campaign.
7.4. The prize offered through the Fun Card, respectively free access to the Neversea 2027 edition, will be valid only under the conditions in which this edition of the festival will be organized. The organizers do not assume any obligation to organize the Neversea festival in the year 2027 or in a specific year.
7.5. In the event that the Neversea 2027 edition does not take place, for whatever reason, participants will not be entitled to compensation, refunds or other compensatory prizes. The Fun Card cannot be used for other editions of the festival or other events and does not confer any other rights over the festival or its organizers.
7.6. The Organizer does not assume responsibility and will not be named as a party to any dispute regarding the ownership of the benefits granted within the Campaign.
7.7. The Organizer is entitled to take all necessary measures in case of attempted fraud of the system, abuse or any other attempts that could affect the image of this Campaign.
7.8. The Campaign Organizer shall have no liability and shall not be involved in any dispute related to the ownership or ownership of the Prize awarded, as well as in relation to any additional expenses incurred by the Participant in connection with this Campaign.
7.9. In the event of uncertainty regarding the validity of the documents sent by the Participants, in order to register for this campaign, the decision of the Organizer is final. The organizer does not assume responsibility for:
· No errors in the data provided by the participants; the lack of correctness of the contact details does not entail the responsibility of the Organizer, it being the sole responsibility of the Participants to ensure that they have been mentioned correctly. The organizer does not assume any responsibility for the incorrect completion of the data resulting in the impossibility of sending the link to the email address.
· Blocking the Participant's email address or any irregularity regarding it;
· Situations in which certain persons registered in the Campaign are unable to participate in the Campaign or do not meet the conditions of the Campaign, if this inability or non-fulfillment of the conditions is due to circumstances beyond the control of the Organizer;
· Any disputes between Participants relating to the rights to e-mail addresses.
· Impossibility of a Participant to benefit from the prize due to non-compliance in full with the Campaign Regulations and or due to the name and/or surname and/or erroneous data transmitted.
7.10. These circumstances may be due to: erroneous, incomplete, interrupted or delayed information due to participants, non-functioning / malfunction of the e-mail, either in the case of the Organizer or in the case of the Participant, caused by technical problems and/or heavy traffic on the website.
7.11. The Participants expressly, unequivocally and definitively accept all decisions taken by the Organizer regarding the manner of organizing and conducting the Campaign and the prizes awarded, as well as the subsequent calendar of the Campaign or other changes related to the implementation of the Campaign.
7.12. All disputes regarding the right of ownership of the prizes will not influence the principle according to which the Contest Organizer will award the prizes to persons who comply with the provisions of these Official Regulations. From the moment the winner receives the prize, the Organizer is released from any obligation towards the Participant.
Art. 8 - Disputes and applicable law
8.1. Any disputes arising between the Organizer, on the one hand, and any of the Participants, on the other hand, will be settled amicably or, if this is not possible, the disputes will be settled by the competent court in the municipality of Cluj-Napoca, at the Organizer's headquarters, in accordance with the common law
8.2. The applicable law is Romanian law.
Art. 9 – Fees and Taxes
9.1. The Organizer undertakes to withhold and transfer the tax due for the income consisting of the prizes awarded to the winners with Romanian citizenship in accordance with the provisions of art. 110 paragraph (1) of the Fiscal Code approved by Law 227 of 2015, as subsequently amended and supplemented, any other obligations of any other nature, in connection with them, being the exclusive responsibility of the winners.
Art. 10. – Processing of personal data
10.1. Who performs the processing? The personal data of the participants in the Campaign will be processed by the Organizer in accordance with the applicable legislation, in particular EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data ("GDPR").
10.2. Categories of personal data processed within the Campaign for persons who are beneficiaries of the "Fun Card": Name, surname, telephone number, e-mail address, country, city, address.
10.3. The purpose of the processing is strictly related to the conduct of the contest (organization and conduct, designation and validation of the winners, awarding of prizes, as well as the fulfillment of the fiscal and financial-accounting obligations of the organizer). The data will thus be processed for the conduct of the campaign according to the mechanism described by the regulation (this being the "contract" between the organizer and the participants who have voluntarily registered) or for the fulfillment of legal obligations incumbent on the operator (e.g. the fulfillment of tax obligations).
10.4. Legal basis for processing:
a) Execution of the contract represented by the terms and conditions established by the Regulation and considered accepted as a result of the participation
b) the legitimate interest of the operator in connection with the realization of contests/promoted campaigns and for the defense of the rights and interests of the operator
c) fulfilling the applicable legal requirements for the calculation, declaration and awarding of prizes
Personal data is necessary for us in order to participate in the contest and to conduct the contest as far as the participant is concerned. A possible refusal to provide personal data makes it impossible to participate in the competition, in various phases in which such a refusal may occur.
10.5. The storage period of personal data is carried out according to the Neversea Privacy Policy, and for the beneficiaries of the "Fun Card" until the end of the 2027 edition in order to be able to verify the fulfillment of the conditions and benefit from the prize.
10.6 As the communication of this campaign is carried out through the Facebook and Instagram platforms, the participants can consult the following pages to find out details about the processing of personal data https://help.instagram.com/155833707900388 and https://www.facebook.com/privacy/policy/.
10.7. The participants have, in relation to the controller/its representatives, the rights conferred by law, namely the right to information, the right of access to data, the right to intervene on the data, the right to oppose the collection and processing of personal data, the right not to be subject to an individual decision and the right to address the courts and/or the National Supervisory Authority for Personal Data Processing. If you wish to exercise your rights mentioned above, please contact the person responsible for the protection of personal data using the following contact details [email protected].
Art. 11 – Termination of the campaign
11.1 The Organizer reserves the right to terminate the Campaign at any time, by informing the public in advance through the official Neverseacommunication pages at least 3 calendar days before the effective termination of the Campaign.
11.2. This Campaign may terminate in the event of the occurrence of an event that constitutes force majeure*, including in the event of the Organizer's impossibility, for reasons beyond its control, to continue the Campaign.
11.3. Force majeure, agreed upon as the unforeseeable and unavoidable event, occurring after the entry into force of these Official Regulations and which prevents the party or parties from fulfilling their contractual obligations, exonerates the party invoking it from liability for the duration of the force majeure event.
11.4. If a situation of force majeure, including the impossibility of the Organizer for reasons beyond its control, prevents or delays totally or partially the execution of the Official Regulations and the continuation of the Campaign, the Organizer will be exonerated from liability for the fulfillment of its obligations for the period in which this fulfillment will be prevented or delayed, according to art. 1082 and 1083 of the Civil Code. If it invokes force majeure, the Organizer is obliged to communicate its existence to the participants in the Campaign, within 5 (five) working days from the occurrence of the force majeure case.
Art. 12 – Termination of the campaign
12.1. This Campaign may terminate in the event of an event that constitutes force majeure, including in the event of the Organizer's impossibility, for reasons beyond its control, to continue the Campaign.
12.2. Force majeure, agreed as the unforeseeable and unavoidable event, occurring after the entry into force of these Official Regulations and which prevents the party or parties from fulfilling their contractual obligations, exonerates the party invoking it, during the existence of the force majeure event.
12.3. If a situation of force majeure, including the impossibility of the Organizer for reasons beyond its control, prevents or delays totally or partially the execution of the Official Regulations and the continuation of the Campaign, the Organizer will be exonerated from liability for the fulfillment of its obligations for the period in which this fulfillment will be prevented or delayed, according to art. 1082 and 1083 of the Civil Code. 12.4. In case of invoking force majeure, the Organizer is obliged to communicate its existence to the participants in the Campaign, within 5 (five) working days from the occurrence of the force majeure case.
Art. 13 - Other Clauses
13.1. The Organizer's decisions regarding the campaign are final and applicable to all Participants.
13.2. The prize not awarded will remain in the possession of the Organizer, who may freely dispose of them in the manner he deems necessary or appropriate to his interests.
13.3. The Organizer is entitled to take all necessary measures in case of attempted fraud of the system, abuse or any other attempts that could affect the image or costs involved in the organization and conduct of the Campaign.
SIGNATURE
NEVERSEA S.R.L.
Legal representative
s.s. FERENȚ SEBASTIAN
