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:

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.