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USER TERMS OF SERVICE

·       Effective Date: 22.05.2022

·       Please read the following terms carefully. The terms below form a
binding contract between users of the Rakuten service (“user” or “you”) and
Rakuten, which governs your use of the Rakuten service(s) (“Service(s)”). We
will commence providing the Services to you immediately on your acceptance of
this Agreement. You expressly acknowledge and agree that you will not be able to
withdraw from this Agreement other than as set out below once the Services have
commenced.


WHO YOUR CONTRACT IS WITH

·       This contract (the "Agreement") is between you and Rakuten Europe
S.à.r.l. ("Rakuten" or “REU”), registered under number B136664 at the Luxembourg
Trade and Companies Register, with the VAT number LU22375408. You can contact
Rakuten at:

o   Address: 2 Rue du Fosse, Luxembourg, L-1536, LUXEMBOURG

o   Contact: https://rakuten.co.uk/landing/help

·       Unless expressly stated, no third party has any rights under this
Agreement.


THE SERVICES COVERED BY THESE TERMS

·       Rakuten is the operator of Rakuten, our rewarding membership programme
that allows you to collect Rakuten Points and/or receive cashback on purchases
concluded between you and the affiliated stores listed on www.rakuten.co.uk
(“Affiliate Stores”).

·       Rakuten also offers you the option to redeem your Rakuten Points in
exchange for vouchers, which have been purchased by Rakuten, and which are
accepted by Partners against certain transactions. The terms on which Rakuten
Points and cashback rewards are made available are explained below (see RAKUTEN
POINTS AND CASHBACK REWARDS).

·       Rakuten provides links to the services of Partners and Affiliate Stores.
We are not responsible for examining or evaluating these links, and we do not
offer any warranties, implied or otherwise, in respect of the Partner or
Affiliate Stores, or their services. We do not provide or monitor their services
or activity and they are not a party to this Agreement. Rakuten is not involved
in any sales and purchases between you and Affiliate stores, or you and the
Partners, and any transactions conducted between you, Partners or Affiliate
Stores are solely governed by the contracts between you, Partners and Affiliate
Stores.


YOUR ACCOUNT

·       In order to use the Service you need to register for a Rakuten ID
account (your "Account"). You can find more details on Rakuten ID in our Privacy
Policy. You can only have one Account with Rakuten.

·       Please make sure that the details you provide to us in your Account are
accurate, complete and up to date. This is your responsibility.

·       You are also responsible for taking all reasonable steps to safeguard
the security of your Account, including keeping your password confidential.

·       We will primarily communicate with you by e-mail. You acknowledge that
you will communicate electronically with us. You agree to receive any
communications from us electronically and that all agreements, notices,
disclosures and other communications made between us electronically satisfy any
legal requirements that such notices be made in writing. It is your
responsibility to ensure you are able to receive e-mails from us. Any
communications from us will be subject to our Privacy Policy.

·       We reserve the right to suspend or terminate your Account immediately if
you are in breach of this Agreement.

·       You can terminate your Account by writing to our registered address or
alternatively you can contact us at https://rakuten.co.uk/landing/help. Upon
your request, we will close your account as soon as reasonably possible, subject
to the status of your Account.

·       We also reserve the right to cancel Accounts that have been dormant for
more than twelve (12) months.


RAKUTEN POINTS AND CASHBACK REWARDS

·       The collection and use of Rakuten Points is governed by the conditions
set out in the Rakuten Points Terms and Conditions, which also explain how
Rakuten Points are issued by REU.

·       Rakuten receives a commission from Affiliate Stores for purchases made
by Users from each of the Affiliate Stores. Under a separate internal
arrangement, Rakuten uses this commission to fund the issuance of Rakuten Points
to Users, as well as the actual payment of any cashback rewards. Therefore, the
number of Rakuten Points and/or amount of cashback rewards you might receive in
relation to each purchase will depend on what is agreed between Rakuten and each
of the Affiliate Stores. You can check the Rakuten Points and/or cashback
promotion relating to each Affiliate Store at www.rakuten.co.uk.

·       Cashback rewards are administered by Rakuten under these User Terms and
are only payable by REU to you in the event that all of the following conditions
are met (which is your responsibility in each case and not the responsibility of
Rakuten):

o   You have entered the details of your bank account (or preferred payment card
if such an option becomes available) in the ‘Withdraw Page’ ;

o   You make a purchase from an Affiliate Store that qualifies for Rakuten
cashback rewards as explained in any accompanying promotion or advertisement in
the Affiliate Store (“Qualifying Purchase”);

o   Your Qualifying Purchase is not cancelled or refunded;

o   The Affiliate Store pays commission to Rakuten in relation to the Qualifying
Purchase;

o   The amount of cashback rewards you have earned meets or exceeds the minimum
specified in relation to the Affiliate Store where you made the Qualifying
Purchase (as explained as explained in any accompanying promotion or
advertisement in the Affiliate Store); and

o   Your bank account (or preferred payment card if such an option becomes
available) is active and your bank (or the issuer of your payment card if
applicable) accepts the cashback payment made by or on behalf of Rakuten.

·       You may be entitled to exchange your cashback rewards into Rakuten
Points at an escalated rate, such rate to be determined from time to time and at
the sole discretion of Rakuten. For example, if you have cashback rewards
amounting to €1.00/£1.00, you may be able to convert this to 120 Rakuten Points.
Where this option is available it will be shown in Your Account as a redemption
option.

·       Your Account is only a data account in Rakuten’s systems and does not
hold any funds. Any record or statement in your Account relation to cashback
rewards that might or have become payable does not represent any funds and does
not entitle you to receive any funds until your bank account (or issuer of your
preferred payment card if such an option becomes available) accepts the cashback
payment made by or on behalf of Rakuten in the final condition specified above. 

·       Rakuten may also receive a commission from Partners when you take
advantage of certain offers they provide through the Services.

·       Rakuten Points will be issued to Your Account upon validation of your
purchase by the relevant Affiliate Stores. Please note, this can vary depending
on the Affiliate Store but average validation times are specified on the
Affiliate Store page.

·       The determination of whether or not to provide Rakuten Points or
cashback rewards for any given transaction is at the sole and absolute
discretion of Rakuten. If any Partners or Affiliate Store fails to report a
transaction to Rakuten or withholds payment of commission to Rakuten for any
reason (including where the purchase was cancelled or refunded), Rakuten
reserves the rights to instruct REB to cancel the Rakuten Points and/or cashback
rewards associated with that transaction.

·       If you have any queries relating to Rakuten Points or cashback rewards,
please contact us through the contact form at
https://rakuten.co.uk/landing/help.


YOUR OBLIGATIONS

·       By entering into this Agreement, You confirm that you are at least 18
years old and can lawfully enter into a binding contract. If you are under 18,
you may still use the Services provided that you are over 13 and have a parent
or guardian's consent. If you are under 18 you are prohibited from buying
certain products not appropriate for minors (e.g. alcohol, 18+ content, etc) via
the Services.

·       You agree not to use the Services for anything unlawful.

·       You agree to not knowingly or negligently cause any Service to be
impaired, interrupted or damaged, including without limitation promising to take
all reasonable steps to avoid introducing viruses, malware or other such items
to Rakuten's systems or other users.

·       You can report any inappropriate content on the Services by contacting
us through the contact form at https://rakuten.co.uk/landing/help.


RAKUTEN'S OBLIGATIONS

·       We undertake to use reasonable skill and due care in providing the
Services to you.

·       We shall strive to ensure that the information on our Services is
accurate and we will do our best to correct errors and omissions as quickly as
practicable after being notified of them.

·       Beyond that, we do not make any promises, express or implied, about the
Services, which are provided to you 'as is'. In particular, we do not promise
anything in respect of (a) the products that you buy from Partners or Affiliate
Stores; (b) the accuracy of any of the information provided by Partners or
Affiliate Stores or Rakuten via the Services; or that (c) the Services will meet
your requirements, be always available or be error free.


INTELLECTUAL PROPERTY AND OTHER RIGHTS

·       Please note that all content, including without limitation graphics,
logos, button icons, text, images, audio clips, digital downloads, data
compilations and software made available by Rakuten on or via the Services is
the property of the Rakuten Group or its licensors. Rakuten, Rakuten Points and
other registered and unregistered trademarks and branding used in connection
with the Services are the property of the Rakuten Group and may not be used
without prior permission.

·       We grant you a limited, personal, non-exclusive, non-transferable,
revocable licence to access and make personal and non-commercial use of the
Services. Any right not expressly granted is expressly reserved. Without
limitation to this reservation of rights, this licence expressly excludes
modifying, distributing, copying, reproducing, republishing, selling, making any
derivative works from or extracting or utilising parts of the Services; deep
linking to the Services without our express written consent; any framing or
similar techniques of the Services; using any meta tags or other tags; or any
data extraction or data mining. This licence automatically terminates if you
breach this Agreement.

·       The use of data mining, robots, crawlers or any similar software or
similar data gathering and extraction tools to extract data from the services is
expressly prohibited without prior consent.


PRIVACY

·       Please review our Privacy Policy for information about how we use your
personal data. Please review our Cookies Notice for information on how we use
cookies.


CHANGES TO SERVICES OR THIS AGREEMENT

·       In order to provide you with the best experiences and services, our
Services are constantly evolving. We will give you reasonable notice of any
material changes to our Services. Those changes will not affect past use of the
Service. If you are not happy with any of the changes we make, you are free to
stop using the Services.

·       From time to time we will also need to make changes to this Agreement.
We will give you reasonable notice of any changes to this Agreement. Those
changes will not affect past use of the Services. If you are not happy with the
changes we make, you are free to terminate this Agreement.


WHAT IF THINGS GO WRONG?

·       Neither we (including our parent, subsidiaries, officers, directors,
agents and employees) nor you will be liable to the other in contract, tort
(including negligence) or otherwise for: (i) loss of profits; (ii) loss of data;
(iii) intangible losses; or (iv) any indirect, incidental, special and
consequential damages, arising out of or in connection with this Agreement
and/or your use of or inability to use the Services.

·       Nothing in this Agreement limits or excludes either your or Rakuten's
liability for fraud, for death or personal injury resulting from negligence or
for any other liability that cannot be limited or excluded by law.

·       You expressly acknowledge that we (including our parent, subsidiaries,
officers, directors, agents and employees) are not a party to and have no
responsibility for any transaction between you and Affiliate Stores or between
you and Partners.

·       This Agreement and any dispute or claim arising out of or in connection
with it or your use of the Services (including any non-contractual disputes or
claims) shall be governed by and construed in accordance with the laws of the
Grand-Duchy of Luxembourg, save and unless your local mandatory consumer law
provides you with different rights.

·       Any dispute between us is subject to the non-exclusive jurisdiction of
the courts of Luxembourg.

·       In the event you are unable to resolve any dispute with Affiliate Stores
or us, you can take your complaint to The Retail Ombudsman. This is an
independent organisation, which specialises in providing Alternative Dispute
Resolution services for customers and retailers. As members of the organisation,
we are bound by their code of practice and they can be contacted via:

o   Website: www.theretail ombudsman.org.uk

o   Email: enquiries@theretailombudsman.org.uk

o   Tel: 0203 137 82680203 137 8268

·       You may also use the online dispute resolution platform provided by the
European Commission which is accessible here:
http://ec.europa.eu/consumers/odr/.


COMMUNICATIONS

·       We will send notices and other communications to you at the e-mail
address you have provided to us. We will also from time to time provide
information to you by way of a notice on the Services. Any communications from
us will be subject to our Privacy Policy.

·       You should send all notices and other communications to us by using the
contact details above.

·       Any notices sent to us through the contact form at
https://rakuten.co.uk/landing/help will be deemed to have been received 24 hours
after the time sent by the sender. Any notices sent by first class post to us or
to you at the address held on your account will be deemed to have been received
on the next working day (being a day other than a Saturday, Sunday or public
holiday in England, Luxembourg or your place of usual residence). Any notices
provided on the Services will be deemed to have been received by you the next
time you use the Services and are presented with the notice.


OTHER

·       We reserve the right to take such actions as we think appropriate in the
event that you breach this Agreement. If we do not exercise a right available to
us under this Agreement, this does not constitute a waiver of our rights.

·       If any term of this Agreement is held invalided, void or unenforceable
by a court or regulator, that term will be severable and will not affect the
validity and enforceability of the remaining terms of this Agreement.

·       You may not assign or otherwise transfer this Agreement or any rights or
obligations under it without our prior written consent. We may assign or
transfer this Agreement, or any rights or obligations under it, on reasonable
notice to you.

·       We may temporarily suspend your access to the Services in order to carry
out maintenance, repairs, upgrades or to remove, add or alter our Services.

·       You and Rakuten are independent contractors, and nothing in this
Agreement will create a partnership, joint venture, agency, franchise, sales
representative or employment relationship between us.

·       All provisions in this Agreement, which by their nature are intended to
survive expiration or termination shall survive any expiration or termination of
this Agreement.

·       Neither you nor Rakuten will be liable for any delay or failure to
perform any of our obligations under this Agreement by reasons, events or other
matters beyond our reasonable control.


USER TERMS OF SERIVCE - EFFECTIVE 19 OCTOBER 2020

Effective Date: 19 October 2020

Please read the following terms carefully. The terms below form a binding
contract between users of the Rakuten service (“user” or “you”) and Rakuten,
which governs your use of the Rakuten service(s) (“Service(s)”). We will
commence providing the Services to you immediately on your acceptance of this
Agreement. You expressly acknowledge and agree that you will not be able to
withdraw from this Agreement other than as set out below once the Services have
commenced.


WHO YOUR CONTRACT IS WITH

This contract (the "Agreement") is between you and Rakuten Europe S.à.r.l.
("Rakuten"), registered under number B136664 at the Luxembourg Trade and
Companies Register, with the VAT number LU22375408. You can contact Rakuten at:

 * Address: 2 Rue du Fosse, Luxembourg, L-1536, LUXEMBOURG
 * Contact: rakuten.co.uk/support

Unless expressly stated, no third party has any rights under this Agreement.


THE SERVICES COVERED BY THESE TERMS

Rakuten is the operator of Rakuten, our rewarding membership programme that
allows you to collect Rakuten Points through various engagements with us, such
as completing surveys, playing games, taking advantage of offers provided by
other Rakuten group companies, or selected partners (“Partners”) or entering
prize draws. In addition, you can collect Rakuten Points on purchases concluded
between you and the affiliated stores listed on www.rakuten.co.uk (“Affiliate
Stores”). 

Rakuten also offers you the option to redeem your Rakuten Points in exchange for
vouchers, which have been purchased by Rakuten, and which are accepted by
Partners against certain transactions. 

The collection and use of Rakuten Points is governed by the conditions set out
here: https://www.rakuten.co.uk/terms/terms-and-conditions

Rakuten provides links to the services of Partners and Affiliate Stores. We are
not responsible for examining or evaluating these links, and we do not offer any
warranties, implied or otherwise, in respect of the Partner or Affiliate Stores,
or their services. We do not provide or monitor their services or activity and
they are not a party to this Agreement. Rakuten is not involved in any sales and
purchases between you and Affiliate stores, or you and the Partners, and any
transactions conducted between you, Partners or Affiliate Stores are solely
governed by the contracts between you, Partners and Affiliate Stores.


YOUR ACCOUNT

In order to use the Service you need to register for a Rakuten ID account (your
"Account"). You can find more details on Rakuten ID in our Privacy Policy
(rakuten.co.uk/terms/privacy-policy) . You can only have one Account with
Rakuten.

Please make sure that the details you provide to us in your Account are
accurate, complete and up to date. This is your responsibility.

You are also responsible for taking all reasonable steps to safeguard the
security of your Account, including keeping your password confidential.

We will primarily communicate with you by e-mail. You acknowledge that you will
communicate electronically with us. You agree to receive any communications from
us electronically and that all agreements, notices, disclosures and other
communications made between us electronically satisfy any legal requirements
that such notices be made in writing. It is your responsibility to ensure you
are able to receive e-mails from us. Any communications from us will be subject
to our Privacy Policy (http://rakuten.co.uk/terms/privacy-policy)

We reserve the right to suspend or terminate your Account immediately if you are
in breach of this Agreement.

You can terminate your Account by writing to our registered address or
alternatively you can contact us at https://rakuten.co.uk/support. Upon your
request, we will close your account as soon as reasonably possible, subject to
the status of your Account.

We also reserve the right to cancel Accounts that have been dormant for more
than twelve (12) months.


RAKUTEN POINTS

Rakuten Points are issued and administered by Rakuten Europe Bank S.A. (“REB”)
in accordance with the Rakuten Points Terms and Conditions
(https://bank.rakuten.eu/rp-terms)

Rakuten receives a commission from Affiliate Stores for purchases made by Users
from each of the Affiliate Stores. This commission is used to fund the issuance
of Rakuten Points by REB to Users. Therefore, the amount of Rakuten Points you
will receive will depend on the agreement between Rakuten and each of the
Affiliate Stores. You can check the rate to be provided from each Affiliate
Store on the website of www.rakuten.co.uk

Rakuten may also receive a commission from Partners when you take advantage of
certain offers they provide through the Services. 

Rakuten Points will be issued to your Account by REB approximately within two to
three weeks (excluding Currys, Waterstones and Base.com where the points will be
transferred as soon as the purchases are approved by the store) from your order
from each of the Affiliate stores, provided that the timing of issuance of RSP
may vary depending on the Affiliate Store’s sales and cancellation policies.

The determination of whether or not to provide Rakuten Points for any given
transaction is at the sole discretion of Rakuten. If any Partners or Affiliate
Stores fail to report a transaction to Rakuten or withholds payment of fees to
Rakuten for any reason, Rakuten reserves the rights to instruct REB to cancel
the Rakuten Points associated with that transaction.

If you have any queries relating to Rakuten Points please contact us through the
contact form at https://rakuten.co.uk/support


YOUR OBLIGATIONS

By entering into this Agreement, You confirm that you are at least 18 years old
and can lawfully enter into a binding contract. If you are under 18, you may
still use the Services provided that you are over 13 and have a parent or
guardian's consent. If you are under 18 you are prohibited from buying certain
products not appropriate for minors (eg alcohol, 18+ content, etc) via the
Services.

You agree not to use the Services for anything unlawful.

You agree to not knowingly or negligently cause any Service to be impaired,
interrupted or damaged, including without limitation promising to take all
reasonable steps to avoid introducing viruses, malware or other such items to
Rakuten's systems or other users.

You can report any inappropriate content on the Services by contacting us
through the contact form at https://rakuten.co.uk/support


RAKUTEN'S OBLIGATIONS

We undertake to use reasonable skill and due care in providing the Services to
you.

We shall strive to ensure that the information on our Services is accurate and
we will do our best to correct errors and omissions as quickly as practicable
after being notified of them.

Beyond that, we do not make any promises, express or implied, about the
Services, which are provided to you 'as is'. In particular, we do not promise
anything in respect of (a) the products that you buy from Partners or Affiliate
Stores; (b) the accuracy of any of the information provided by Partners or
Affiliate Stores or Rakuten via the Services; or that (c) the Services will meet
your requirements, be always available or be error free.


INTELLECTUAL PROPERTY AND OTHER RIGHTS

Please note that all content, including without limitation graphics, logos,
button icons, text, images, audio clips, digital downloads, data compilations
and software made available by Rakuten on or via the Services is the property of
the Rakuten Group or its licensors. Rakuten, Rakuten Points and other registered
and unregistered trademarks and branding used in connection with the Services
are the property of the Rakuten Group and may not be used without prior
permission.

We grant you a limited, personal, non-exclusive, non-transferable, revocable
licence to access and make personal and non-commercial use of the Services. Any
right not expressly granted is expressly reserved. Without limitation to this
reservation of rights, this licence expressly excludes modifying, distributing,
copying, reproducing, republishing, selling, making any derivative works from or
extracting or utilising parts of the Services; deep linking to the Services
without our express written consent; any framing or similar techniques of the
Services; using any meta tags or other tags; or any data extraction or data
mining. This licence automatically terminates if you breach this Agreement.

The use of data mining, robots, crawlers or any similar software or similar data
gathering and extraction tools to extract data from the services is expressly
prohibited without prior consent.


PRIVACY

Please review our Privacy Policy (rakuten.co.uk/terms/privacy-policy) for
information about how we use your personal data. Please review our Cookies
Notice for information on how we use cookies.


CHANGES TO SERVICES OF THIS AGREEMENT

In order to provide you with the best experiences and services, our Services are
constantly evolving. We will give you reasonable notice of any material changes
to our Services. Those changes will not affect past use of the Service. If you
are not happy with any of the changes we make, you are free to stop using the
Services.

From time to time we will also need to make changes to this Agreement. We will
give you reasonable notice of any changes to this Agreement. Those changes will
not affect past use of the Services. If you are not happy with the changes we
make, you are free to terminate this Agreement.


WHAT IF THINGS GO WRONG?

Neither we (including our parent, subsidiaries, officers, directors, agents and
employees) nor you will be liable to the other in contract, tort (including
negligence) or otherwise for: (i) loss of profits; (ii) loss of data; (iii)
intangible losses; or (iv) any indirect, incidental, special and consequential
damages, arising out of or in connection with this Agreement and/or your use of
or inability to use the Services.

Nothing in this Agreement limits or excludes either your or Rakuten's liability
for fraud, for death or personal injury resulting from negligence or for any
other liability that cannot be limited or excluded by law.

You expressly acknowledge that we (including our parent, subsidiaries, officers,
directors, agents and employees) are not a party to and have no responsibility
for any transaction between you and Affiliate Stores or between you and
Partners.

This Agreement and any dispute or claim arising out of or in connection with it
or your use of the Services (including any non-contractual disputes or claims)
shall be governed by and construed in accordance with the laws of the
Grand-Duchy of Luxembourg, save and unless your local mandatory consumer law
provides you with different rights.

Any dispute between us is subject to the non-exclusive jurisdiction of the
courts of Luxembourg.

In the event you are unable to resolve any dispute with Affiliate Stores or us,
you can take your complaint to The Retail Ombudsman. This is an independent
organisation, which specialises in providing Alternative Dispute Resolution
services for customers and retailers. As members of the organisation, we are
bound by their code of practice and they can be contacted via:

 * Website: www.theretail ombudsman.org.uk
 * Email: enquiries@theretailombudsman.org.uk
 * Tel: 0203 137 82680203 137 8268

You may also use the online dispute resolution platform provided by the European
Commission which is accessible here: http://ec.europa.eu/consumers/odr/.


COMMUNICATIONS

We will send notices and other communications to you at the e-mail address you
have provided to us. We will also from time to time provide information to you
by way of a notice on the Services. Any communications from us will be subject
to our Privacy Policy (rakuten.co.uk/terms/privacy-policy)

You should send all notices and other communications to us by using the contact
details above.

Any notices sent to us through the contact form at https://rakuten.co.uk/support
will be deemed to have been received 24 hours after the time sent by the sender.
Any notices sent by first class post to us or to you at the address held on your
account will be deemed to have been received on the next working day (being a
day other than a Saturday, Sunday or public holiday in England, Luxembourg or
your place of usual residence). Any notices provided on the Services will be
deemed to have been received by you the next time you use the Services and are
presented with the notice.


OTHER

We reserve the right to take such actions as we think appropriate in the event
that you breach this Agreement. If we do not exercise a right available to us
under this Agreement, this does not constitute a waiver of our rights.

If any term of this Agreement is held invalided, void or unenforceable by a
court or regulator, that term will be severable and will not affect the validity
and enforceability of the remaining terms of this Agreement.

You may not assign or otherwise transfer this Agreement or any rights or
obligations under it without our prior written consent. We may assign or
transfer this Agreement, or any rights or obligations under it, on reasonable
notice to you.

We may temporarily suspend your access to the Services in order to carry out
maintenance, repairs, upgrades or to remove, add or alter our Services.

You and Rakuten are independent contractors, and nothing in this Agreement will
create a partnership, joint venture, agency, franchise, sales representative or
employment relationship between us.

All provisions in this Agreement, which by their nature are intended to survive
expiration or termination shall survive any expiration or termination of this
Agreement.

Neither you nor Rakuten will be liable for any delay or failure to perform any
of our obligations under this Agreement by reasons, events or other matters
beyond our reasonable control.


TERMS AND CONDITIONS FOR THE PARTICIPATION IN PROMOTIONAL DRAWS

(“PROMOTIONAL TERMS AND CONDITIONS”)

 

1.- PROMOTER OF THE PROMOTION

The company Rakuten Europe S.à r.l. (hereinafter, "Rakuten") registered under
number B136664 at the Luxembourg Trade and Companies Register, with the VAT
number LU22375408 with address at 2 Rue du Fosse, Luxembourg, L-1536,
LUXEMBOURG, will organize multiple prize draws (hereinafter, each also called, a
“Promotion” and collectively the "Promotions"), through the Internet, on the
campaign page (the “Website”) for participants (“Participants”) residing in
different countries in accordance with the provisions of Section 3 "Requirements
for Participation and Mechanics of Promotions.

 

The aim of the Website is to promote member engagement activity across the
European region, including the participation of users in Promotion(s). In order
to participate in the Promotion(s), which will take place at various times on
the Website and as specified in Section 2 below, users must register for a
Rakuten ID account or login with their existing ID, as determined by Promotional
Terms and Conditions on the Website, allowing them to participate in the
Promotions free of charge.  Promotions will be managed by Rakuten.

 

2.-START DATE AND END DATE

The Promotion period will start at 00:00 CET on 12th of December 2023 and finish
at 23:59 CET on 25th of December 2023 (“Promotional Period”). However, Rakuten
reserves the right to modify the schedules of the Promotions at its convenience.

 

3.- REQUIREMENTS FOR PARTICIPATION AND MECHANICS OF PROMOTIONS 

The requirements for participation will be as follows:

•                 Participation is open to those who access the Website and are
of legal age of majority in their country of residence.

•                 Participants must either (i) register using a Rakuten ID
(Privacy Policy and Cookie Policy); or (ii) log into their Rakuten ID account.

•                 By creating a Rakuten ID, Participants accept the Rakuten ID
terms and conditions and privacy policies in order to participate in the
Promotions.

•                 By taking part in the Promotion, Participants are
demonstrating their acceptance and understanding of these Promotional Terms and
Conditions.

•                 Participants can only register once for each Promotion. 

•                 Participants must complete the survey one time in order to
enter into the Promotion and have a chance to win the prizes listed on the
Website (“Prize”)

Participants who do not comply with the requirements will be removed
automatically from the Promotion. Any profile found to be false or committing
fraudulent acts will also be removed from the Promotion.

 

4.- PROMOTION CONDITIONS AND PRIZES 

The winner of each Promotion (the “Winner”) will be chosen randomly. Rakuten
will contact the Winner via email. In the same email, if the Prize is a physical
prize, the Winner will be asked for their full name, their telephone number, and
their postal address to send the Prize of the particular Promotion.

The Winner will have a maximum period of five (5) working days to reply to the
email informing the Winner that he/she has been selected as the winner of the
draw. If the Prize is not a physical prize, but Points or Vouchers, there is no
need for the Winner to reply to the email.

In the event that the Winner of the particular Promotion does not reply within
five (5) working days after notification as winner of the prize to the Winner,
such Winner will be deemed to have irrevocably waived the prize awarded. In this
case, Rakuten reserves the right to declare the Promotion deserted by such
Winner.

The prize of each Promotion can be viewed on the campaign page [Kobo Clara 2E
eReader] and where applicable the Winner may redeem the prize by following the
instructions in the email they receive. Where relevant, the cost of sending the
prize will be assumed by Rakuten.

The Prize may not be exchanged for cash or any other prize, and is not subject
to change or alteration.

The celebration of the Promotion and the awarding of the Prize are subject to
applicable tax regulations. The Winner will be responsible for any tax charges
that the acceptance of the prize may imply, as well as any other expenses
derived from the Promotion that are not expressly assumed by Rakuten in these
Promotional Terms and Conditions.

 

Everything related to the Prize will be the exclusive responsibility of Rakuten
in its capacity as promoter of the Promotions, and assumes all responsibility
derived from the breach or defective fulfillment, if any, of the content and /
or delivery of the Promotion and Prize, as well as any complaints or claims by
the Winners and / or Participants in the Promotions.

 

5.- LIMITATIONS 

The following people may not participate in the Promotion: (i) natural persons
who directly or indirectly are employed or engaged by Rakuten or any of its
affiliated companies worldwide, including any employees or contractors of
service providers who were involved in the production or execution of the
Promotion.

Any participation in the Promotions that does not comply with the requirements
established in these Promotional Terms and Conditions will be considered null
and void. Rakuten reserves the right to exclude from the Promotion those
Participants that it suspects or detects have participated in any fraudulent
way.

If it is evidenced that any of the Winners do not comply with the requirements
set forth in these Promotional Terms and Conditions, or do not comply with what
is requested of them, their participation will be considered null and they will
be automatically removed from the Promotion and will lose all right to claim the
Prize granted in the relevant Promotion. The Prize awarded will not be subject
to change, alteration, or compensation at the request of the Winners, and may
not be exchanged for any other product or for money. Rakuten reserves the right
to make any change, suspend or extend this Promotion at its sole discretion.

A period of fifteen (15) working days from the date of the awarding of the Prize
for a specific Promotion is established in order to carry out any claim in
relation to such Promotion. 

It is hereby stated that Participants and Winners do not have to pay to
participate, nor as a consequence of winning a Prize, pay any additional amount
to Rakuten.

Likewise, Rakuten reserves the right, in case of obligatory necessity, to
replace the Prizes at its sole discretion.

 

6.- DISCLAIMER OF LIABILITY

Including and without limitation, Rakuten is not responsible for the following
circumstances:

·        Any use of the Prize by the Winner or other persons who gain access to
the Prize after received by the Winner;

·        Issues related to access, inability to participate or claim Prizes or
any other damages of any kind that may result from the temporary lack of
availability or continuity of the operation of telecommunications networks;

·        Non-delivery of the Prize due to local laws, logistical issues or any
other reason. The possible loss, theft, delay or any other circumstance
attributable to third parties that may affect the development or execution of
the Promotions.

Rakuten does not assume responsibility in cases of force majeure or fortuitous
events that could prevent the realization of the Promotion or the total or
partial enjoyment of the Prize.

In the event a Promotion cannot be carried out, either due to fraud detected in
it, technical errors, or any other reason that is not under the control of
Rakuten and that affects the regular development and/or execution of the
Promotion, Rakuten reserves the right to cancel, modify, or suspend it.

 

8.- CHANGES AND ACCEPTANCE

Rakuten reserves the right to modify or extend these Promotional Terms and
Conditions, as long as it does not prejudice or undermine the rights of the
Participants in the Promotions.

The fact of participating in the Promotions implies that the Participant fully
accepts these Promotional Terms and Conditions. 

 

9.- COMMUNICATIONS OF THE PROMOTIONS

The communications related to the Promotions will be described on the Website,
where these Promotional Terms and Conditions may also be found, in order to
inform all those persons who are interested, the mechanism of participation and
operation of the Promotions.

 

10.- APPLICABLE LAW AND JURISDICTION

These Promotional Terms and Conditions shall be governed in accordance with
Luxembourg law. The Luxembourg district court will be competent to resolve any
claim or controversy that may arise in relation to the validity, interpretation
or fulfilment of these Promotional Terms and Conditions.

 

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