BRD Europe x FeverPromotion

Instagram Promotion Terms and Conditions (the “Terms and Conditions”).

• Promotion Organizer

Kzemos Technologies S.L.U, (hereinafter, “Fever“) with tax identification number B65590945 and registered office at Calle de Fernando el Santo, 16, 28010 Madrid, Spain, ; and BRD Europa S.L. (hereinafter “BRD“, with tax identification number B87775128 and registered office at Carrer Roger de Llúria, 91, entlo 2 are the organizers and promoters (hereinafter individually each of them an “Organizer” and jointly the “Co-organizers“) and will carry out the “NOMO with Barcelona Secreta” Promotion (hereinafter the “Promotion“).

• Acceptance of the Rules and Disclaimer of Liability

By participating in this Promotion, each Participant (each, a “Participant” and collectively, the “Participants“) declares that he/she meets all the requirements for participation set forth in Section 5 (“Participation Requirements”), and agrees to be bound by these Rules and all applicable laws, ordinances and regulations, as well as any decisions made by the Co-Organizers with respect to this Promotion in accordance with the foregoing. If at any time a Participant informs the Co-Organizers that he/she does not accept the entirety of the Rules, he/she will be excluded from the Promotion and the Co-Organizers will thereby be released from their obligations to such Participant under these Rules.

By participating in this Promotion, the Participant agrees to release the Co-Organizers and their administrators, partners and employees from any liability, loss or damage resulting from the Participant’s participation in this Promotion or with respect to the award, receipt, possession, use and/or misuse of any of the Prizes (as defined in section 9, entitled “Prizes”, of these Rules).

In particular, and by way of example only, the Co-Organizers shall not assume any liability for technical problems or failures of social networks, telephone lines, computer systems, servers, software or error of any e-mail message intended for the Co-Organizers. Thus, the Co-Organizers shall not be held responsible for the impossibility to register any Participant due to an error for justified or reasonable cause. The Co-Organizers shall also not assume any responsibility for defects in the Prize due to causes attributable to the manufacturer, distributor or service provider. Likewise, it will not assume responsibility for damages that may occur in the shipment of the Prize and that is attributable to the transport companies, for incidents that may occur in the transfers, stays or displacements in case of Prizes that consist of trips or events.

The information provided by the Participant in order to participate in the Promotion must be truthful. Any false communication of personal data will entitle the Co-Organizers to disqualify the Participant. The Co-Organizers will disqualify abusive or fraudulent participations and will not be held responsible for the veracity of the data provided by the Participants. Thus, if the Co-Organizers are unable to contact the Winners in order to deliver the Prize due to inaccuracy or incorrectness of the data, they will not be responsible for not being able to deliver the Prize.

• Promotion Period

The Promotion will start on November 29th at 11:00 amSpanish peninsular time and will endon December 2nd at 11:00 am Spanish peninsular time under the conditions detailed in these Terms and Conditions.

However, the Co-Organizers reserve the right to modify the duration period, the interruption and/or early termination of the Promotion in the event that there are reasonable causes that sufficiently justify such decision and always with sufficient public dissemination of such decision so that all Participants may be aware of such modification.

• Territorial Scope of the Promotion

The territorial scope of this Promotion is limited to the national territory of Spain.

• Participation Requirements

All persons over 18 years of age, who meet the participation requirements set forth in section 5 (“Participation Requirements”) set forth in these Terms and Conditions, may participate in this Promotion.

To be a Participant, it will be necessary to have an Instagram account and have a real Instagram profile associated with that account.

The following are not eligible to be Participants or to enjoy any Prize (either directly or indirectly as a companion): (i) employees of Fever and (ii) any person directly or indirectly related to Fever. If any such person becomes a Participant, regardless of whether they win any Prize, it will be deemed that their participation is automatically void.

• Free nature of the Promotion

Participation in this Promotion is entirely free of charge and does not in itself imply any additional payment or purchase by Participants.

• Mechanics of the Promotion

The conditions of participation in the Contest will be communicated throughthe Instagramaccountof Barcelona Secreta, (@barcelonasecreta) (hereinafter, the “FeverInstagram Account“).

However, in order to participate in the Promotion, Participants must:

(i) follow Fever and Sponsor’s Instagram Account on Instagram (@nomo.official);

(ii) “Like” and comment on the Instagram post through which Fever communicates the Promotion and tag a friend’s Instagram account;

(iii) each comment will be considered an entry to the Promotion; and

(v) the Entrant may enter the Promotion as many times as he/she wishes, however, for an entry to be valid, the Entrant must tag a different person each time.

The Co-Organizers reserve the right to request a copy of the Participant’s identity document (national identity card and/or passport), in order to:

(i) verify that the participation requirements are met, and.

(ii) deliver the Prize to the Winners.

The Co-Organizers reserve the right to request any other documentation they deem pertinent to verify the identity of the Winners, and shall have the right to refuse the delivery of the Prize in the event that a Winner does not comply with the participation requirements or any other clause of these Rules.

• Winner of the Promotion, date and means of communication

Fever will select one (1)winner (each the “Winner” and collectively the “Winners“) by random drawing . One (1) alternate will also be drawn at random, to replace a Winner in the event the Winner forfeits the Prize, cannot be located within two (2) calendar days following the drawing, demonstrates non-compliance with the Legal Bases or violates the Legal Bases.

Winners andtheir alternate will be selected within one business day following the end of the Promotion. The Winner will be announced at 14:00h on December 2, 2024, Spanish peninsulartime. Fever will announce the Winners by tagging them in an Instagram post on Fever’s Instagram Account. Fever may, in addition to this, notify the Winners via an Instagram direct message to their Instagram profiles from Fever’s Instagram Account.

Each Winner must accept the Prize within two (2) calendar days of the announcement by sending a direct message from the Winner’s Instagram profile to Fever’s Instagram Account. At the time of being contacted, the Winner must provide Fever with all relevant personal information necessary for delivery of the Prize.

If a Winner does not accept the Prize in accordance with these conditions, the Prize will be deemed unclaimed and will be awarded to the alternate under the same conditions as stated in this section. In this case, the alternate will have the same period of two (2) calendar days following the announcement of the alternate to claim the Prize. In the event that neither the Winner nor the alternate accepts the Prize in accordance with the Rules, the Prize will not be awarded and Fever will announce this by an update to the original Instagram post related to the Contest.

Fever reserves the right not to award the Prize in the event that there is no entry that meets the entry criteria, the Winner’s selection criteria or does not meet the applicable legal requirements.

• Prizes

Each Prize will consist of a dinner for 2 with beverages included (each a “Prize” and collectively the “Prizes“), for a total of one (1) Prize in this Promotion, usable on the Fever digital platform hosted at: www.feverup.com. Each Prize has a value of one hundred (100) euros.

Once the Prize is awarded, Winners are solely responsible for the use and disbursement of the Prize by purchasing the Prize through the platform. The Prize does not include financial assistance for transportation expenses related to the Prize, nor financial assistance for other expenses related to the Prize.

The Prize is provided “as is” and without any warranty, representation or guarantee, express or implied in fact or in law, and without any implied warranty of merchantability or fitness for a particular purpose. The Co-Organizers have not made and are not responsible in any way for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Prize, with respect to the use, value or enjoyment thereof, including, without limitation, its quality, mechanical condition, merchantability or fitness for a particular purpose, except for any standard manufacturer’s warranty that may apply. The Co-Organizers reserve the right to substitute the Prize for another of equal or greater value for any reason. The Prize is not transferable or redeemable for cash.

All taxes, insurance and other expenses, unless specifically stated, are the sole responsibility of the Prize Winners.

• Participation through social networks

The social networks on which this Promotion takes place do not sponsor, endorse or administer this Promotion in any way, nor are they associated with it. Participants exonerate these social networks from any responsibility derived from the development of this Promotion.

• Offensive comments

Participants may not make comments or incorporate content that is offensive, obscene, violent, denigrating, racist, discriminatory, defamatory, illegal or that incites illegal conduct, threats or insults.

The Co-Organizers reserve the right to remove such content and/or to inform the competent authorities of any content that appears to them to be alarming.

• Transfer of data and image rights

In accordance with the applicable regulations, the Winners assign to the Co-Organizers the rights to the name, surname, address and image in any advertising or promotional activity related to this Promotion through any electronic or conventional means of reproduction without such activities conferring any right of remuneration or benefit except for the delivery of the Prize in accordance with these Rules.

• Data Protection

The personal data provided by each Participant within the framework of the Promotion will be processed by Kzemos Technologies S.L.U, with tax identification number B 65590945 and registered office at Calle de Fernando el Santo, 16, 28010 Madrid, Spain, as part of the Fever Group (“Fever”), in its capacity as data controller, for the purpose of managing their participation in this Promotion and, if applicable, managing the delivery of the Prize, as well as subsequently sending them commercial communications, including by electronic means, about new products or services, events and/or promotions organized by Fever.

Personal data provided by Participants during the term of the Promotion will be processed in accordance with the provisions of (i) Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and Guarantee of Digital Rights (“LOPDGDD”); (ii) the General Data Protection Regulation (EU) 2014/679 (“GDPR”); and (iii) any other privacy law or data protection regulation applicable in a jurisdiction in which these terms operate, as each may be amended from time to time.

Fever reserves the right to request a copy of the document proving the identity of the Participants (national identity card and/or passport), for the purposes of:

1. verifying that they meet the Participation Requirements, and
2. deliver the corresponding Prize to the Winners.

In turn, and in order to be able to deliver the Prize to the winner, Fever reserves the right to require any documentation it deems appropriate to verify the identity of the Winner, having the right to refuse the delivery of the Prize in the event that they do not comply with the participation requirements or any other clause of these Rules. Fever may communicate the details of the winner(s) to the Sponsor in order to manage and make effective the delivery of the Prize.

In accordance with applicable data protection laws and regulations, Participants may, at any time, exercise their rights of access, rectification, deletion, limitation of processing, opposition to processing, including the sending of commercial communications by electronic means, and where appropriate, to the portability of their data by sending an email to DPO@feverup.com. You also have the right to file a complaint with the competent supervisory authority on data protection, as could be the case of the Spanish Data Protection Agency (AEPD) with postal address at Calle Jorge Juan 6, 28001 Madrid.

For more information about how Fever treats the personal data of its registered users, please consult the Privacy Policy available here.

• Acceptance and publication of the rules

Participation in this Promotion implies full acceptance of these Terms and Conditions. Any manifestation to the contrary on the part of the Participant will result in his/her exclusion from the Promotion and the Co-Organizers will therefore be released from the fulfillment of the obligations contracted with said Participant by virtue of these Rules.

• Applicable law and jurisdiction

These Rules are governed by and must be interpreted in accordance with the provisions of Spanish law.

Any dispute arising in connection with these Rules shall be submitted to the exclusive jurisdiction of the Spanish Courts and Tribunals of the city of Madrid.