© 2020 All rights reserved RIVER MALL
Official rules of participation in the action of the shopping center “RIVER MALL” under the conditional name “Black Friday chose a color”
1. Organizer of the Promotion
· The customer of the Promotion is LLC “Information Agency “Free Ukraine” (hereinafter – the “Customer”).
· The Organizer and Executor of the Promotion is “KALINA AGENCY” LLC (hereinafter – “Organizer or Executor”)
The purpose of the Promotion is to popularize the River Mall shopping center to increase the number of customers and stimulate sales at retail outlets, as well as increase the audience in social networks.
Definition of terms:
• Participant of the Promotion is a person who meets clause 5.1. and clause 5.2. and fulfilled all the points of Section 5.
• Prizes Promotions – prizes that are listed in Section 7.
• Registration form – a registration form filled out by the Promotion Participant in the River Mall application.
• Check registration period: from 15:00 on November 8, 2024 to 18:00 on November 30, 2024.
• Promotion period: from 15:00 on November 8, 2024 to 21:00 on November 30, 2024.
• Determination of Prizes Recipients – the procedure for determining the prizes Recipients, which will be announced by the Promotion Organizer on the Instagram social network via an online broadcast at 8:00 p.m. on November 30, 2024. Link: https://www.instagram.com/rivermallua/.
2. Duration and territory (place) of the Promotion
2.1. The promotion is held in the River Mall shopping center at the address: m. Kyiv, Dniprovska emberezhna, 12 (hereinafter referred to as the “Venue of the Promotion”).
2.2. The Promotion begins at 15:00 on November 8, 2024 and ends at 21:00 on November 30, 2024 after the procedure for determining the Recipient of the Main Prizes (hereinafter referred to as the “Promotion Period”).
2.3. The action consists of the following stages:
Stage 1 – visitors to the River Mall shopping center make a purchase in the amount of UAH 1,500 or more with one check during the promotional period in all stores of the shopping center.
Stage 2 – from 15:00 on November 8, 2024 to 18:00 on November 30, 2024 visitors:
– register the Check and fill out the Registration Form in the River Mall application and attach the Check,
– send the Participant Questionnaire and Check,
– become participants of the Promotion.
Stage 3 –
– the procedure for determining the Recipients of the Prizes, which will take place at 20:00 on November 30, 2024 on the social network Instagram with the help of an online broadcast. Link: https://www.instagram.com/rivermallua/.
More detailed information about the Promotion can be found on the official website of the River Mall shopping center, on the Facebook social network (www.facebook.com/rivermallua), in the shopping center application and from the hostesses at the registration desks.
3. Prizes Promotions:
3.1. The Promotion Prizes are: MacBook Air 13″ Apple M3/8CPU/10GPU/16GB/512GB SSD/Space Gray (MXCR3) – 1 pc, AirPods MAX Space Gray wireless headphones (MGYH3) – 1 pc, iPhone 15 Pro Max 512GB Blue Titanium – 2 pcs, Apple Watch Series 10 42mm Jet Black Aluminum Case – 1 pc, AirPods Pro (2Gen) with USB-C (MTJV3) – 1 pc, iPhone 16 Pro Max 512 GB Black Titanium – 3 pcs, iPad Pro 11 M4 (2024) Wi-Fi with Standard Glass 512GB Silver (MVVD3) – 1 pc.
3.2. From the moment of receiving the Prizes of the Promotion, namely from the moment of signing the act of acceptance and transfer of the prizes, the Organizer of the Promotion is not responsible for cases of loss of the opportunity to use the Prizes by the Prizes Recipient due to circumstances beyond the control of the Organizer.
4. Products participating in the Promotion5. Participants of the Promotion and requirements for the Participant of the Promotion
5.1. Active citizens of Ukraine who are 18 years old at the time of the start of the Promotion may take part in the Promotion. Participants who are 14 years old but under 18 (persons with incomplete legal capacity) and persons with limited legal capacity have the right to participate in the Promotion only with the permission of their parents or legal guardians.
5.2. Owners and employees of the Organizer and the Customer or representatives of tenants (including, but not limited to: brand owners and service staff of shopping center stores), owners and employees of advertising agencies, cleaning, security and other organizations are not recognized as Participants of the Promotion and cannot participate in it , involved in the Promotion and maintenance of the shopping center, as well as immediate members of their families. Immediate family members are spouses or husbands, children, parents, siblings, grandparents, grandchildren, other dependents or guardians, and persons who are directly related to the owners and employees of the Promotion Organizer, Promotion Supplier, Promotion Performer, mall tenants .
6. Procedure for participating in the promotion
6.1. In order to become a Participant of the Promotion, it is necessary to perform the following actions:
1) Come to the Shopping Center, purchase goods/services in the amount of UAH 1,500 or more. (Mandatory purchase), receive a corresponding fiscal, cashier’s or commodity check, properly executed, in the amount of UAH 1,500 or more. (hereinafter referred to as the “Check”), on which the place (address) of the purchase, the date and the amount of the purchase must be clearly indicated.
2) Register the check by filling out the registration form in the River Mall application (hereinafter the Registration Form) and sending the Participant Questionnaire and a photo of the check, which must be properly checked by the Organizer’s representative for the correctness of its completion. After that, the Promotion Participant has the right to participate in the Determination of Prizes Recipients.
3) To receive the Participant’s Card, the buyer must register a check by filling out a form containing the personal information of the Participant of the Promotion and detailed information about the purchase.
6.2. 1 (one) check for the purchase of Promotional Goods in the amount of UAH 1,500 or more. gives the right to fill out the Participant Registration Form. If the amount in the Check is greater than UAH 1,500, the Participant of the Promotion receives the number of registrations that is a multiple of UAH 1,500 (For example, a Check for the amount of UAH 30,000 / UAH 1,500 = 20 Registration Forms). At the same time, the participant does not need to register his check 20 times. Having registered a check once, the participant automatically has a multiple amount of chances according to the settlement document (a fiscal check for the amount of UAH 1500 or more for 1 (one) item).
6.3. WARNING! On the day of the draw, registration ends at 6:00 p.m.
6.4. Only fiscal receipts of the participant with the date and time corresponding to the period of the Promotion and completed in accordance with clauses 6.1 and 6.2 are allowed to participate in the Promotion.
6.5. One Check can be registered for only one Promotion Participant. In case of detection of Check registration for two or more Participants of the Promotion, the Organizer will not allow all persons to participate in the Promotion.
6.6. All fiscal checks entered in the register participate in the Grand Prize drawing, provided that the Participants of the Promotion comply with the current Official Terms and Conditions.
6.7. The participants of the Promotion must keep the original settlement documents (fiscal receipts) for the purchased products to confirm the purchase.
6.8. The right to participate in the Promotion has only a natural person who is registered as a Participant of the Promotion in accordance with the procedure defined by the Terms and Conditions of the Promotion. Confirmation of the registration of a natural person as a Participant of the Promotion is a special duly completed Registration Form of the Participant of the Promotion, which is available in electronic form at the Organizer.
6.9. By participating in the Promotion, the Participant of the Promotion does not pay any fee related to participation in the Promotion. The Promotion Fund of the Promotion and the Main Prize are not formed from the contributions of the Participants of the Promotion. The Customer/Organizer of the Promotion does not receive remuneration from the Participants of the Promotion for their participation in the Promotion. The Promotion is not a game of chance, lottery, gaming service or contest, and these Rules do not constitute a public promise of reward or contest terms.
6.10. Transferring the rights of the Promotion Participant to other persons is not allowed. Any violation by the Participant of the Promotion of these Rules and Conditions of the Promotion is grounds for depriving him of the right to participate in the Promotion.
6.11. The Organizer of the Promotion reserves the exclusive right to refuse registration as a Participant of the Promotion to any person whose Check raises doubts about its authenticity or making a purchase in the stores of the Shopping Center, as well as if the representative of the Organizer has sufficient grounds to believe that the individual is not may participate in the Promotion (does not meet the conditions stipulated in these Promotion Rules and Conditions).
6.12. The fiscal receipt must be kept for the entire period of the promotion. The check cannot be transferred to another person.
6.13. Confirmation of participation in the Promotion are registered questionnaires in the application and a purchase receipt. The questionnaires and the check must be kept until the end of the draw and the announcement of the winners or the receipt of the Prize.
6.14. Participants of the Promotion, while participating in the Promotion, undertake to:
1) comply with the requirements of these Rules and Conditions of the Promotion and the norms of the current legislation of Ukraine;
2) provide complete, correct and reliable information specified in these Rules and Conditions of the Promotion;
3) deliberately not to cause inconvenience and not to obstruct other Participants of the Promotion;
4) not to take actions that call into question the legality of the Participant’s participation in the Promotion.
6.13. From the moment of accepting the terms of these Rules and Conditions of the Promotion, by filling in and signing the Participant Questionnaire by the Participant of the Promotion, agreement with the terms of these Rules and Conditions of the Promotion and consent to the processing of personal data is deemed to have been given by the relevant Participant of the Promotion in accordance with the requirements of the legislation of Ukraine.
6.14. A Participant of the Promotion who does not agree with the terms of these Rules and Conditions of the Promotion and/or refused to give consent to the processing of his personal data loses the right to further participate in the Promotion.
6.15. Provision by the Participant of unreliable/incorrect data provided for participation in the Promotion, including regarding means of communication with such Promotion Participant, is a violation of the Promotion Rules and Conditions and deprives such Promotion Participant of the right to further participate in the Promotion and releases the Customer/Promotion Organizer from any obligations to such Promotion Participant.
6.16. In the case of a violation by the Promotion Participant of the obligations specified in these Promotion Rules and Conditions, which caused the Organizer and/or the Promotion Customer to incur losses, the Promotion Participant is obliged to compensate such losses in full.
6.17. The Participants of the Promotion act personally, on their own behalf, voluntarily and independently. The Participants of the Promotion assume all risks of liability and consequences associated with possible participation in the Promotion and receiving the Main Prizes.
7. Procedure for determining the Recipient of the Main Prizes
7.1. At exactly 20:00 on November 30, 2024, the procedure for determining the Recipients of the Prizes will begin, as announced by the Organizer of the Promotion on the Instagram social network via online broadcast. Link: https://www.instagram.com/rivermallua/.
7.2. The Recipients of the Prizes are determined by selecting the participants’ serial numbers using a randomizer. After that, the host of the draw calls the selected Participants of the Promotion at the phone numbers specified in the Registration Form. During the draw, it is mandatory to answer the host’s call within 2 minutes (the host makes a maximum of two calls) and on the day of the Prizes presentation, present the original Check, the Confirmation Letter of Registration of the Promotion Participant and the original passport of a citizen of Ukraine.
7.3. If the selected Promotion Participant does not answer the phone call, the host starts generating the next number and calls the next Promotion Participant.
7.4. Important! One Promotion Participant cannot receive two Prizes.
7.5. If on the day of the Prizes presentation, when checking the Check, it is found that it does not meet the requirements, namely the amount of UAH 1,000 in one check during the period of the promotion in all stores of the shopping center, such Promotion Participant is deprived of the right to receive the Promotion Prizes and it is considered that such Promotion Participant voluntarily refused to receive the Prize.
7.6. Refusal to provide the above-mentioned documents, their provision later than the specified deadline, provision of documents that have signs of falsification, provision of incomplete / illegible documents, refusal to present the original passport of a citizen of Ukraine / certificate of assignment of an individual tax number (registration number of the account card of an individual – taxpayer) / original check confirming the purchase in accordance with these Rules when signing the Act of Acceptance and Transfer / refusal to sign the Act of Acceptance and Transfer of Prizes deprives such a Participant of the Promotion of the right to receive the Prizes of the Promotion and it is considered that such a Participant of the Promotion voluntarily refused to receive the Prizes.
7.9. The data of the Recipient of the main prizes will be entered into the protocol drawn up by the Organizer and the Executor of the Promotion and certified by a notary.
7.10. The results of the draw will be published on the website and Facebook page of the SEC.
7.11. The issuance of the promotion prizes will be carried out no earlier than 7 working days from the date of the draw and may be changed by the organizer.
7.12. From the moment of receiving the Main Prize, namely from the moment of signing the act of acceptance and transfer of the Main Prize, the Organizer of the Promotion is not responsible for cases of loss of the opportunity to use the Main Prize by the Winner of the Promotion due to circumstances beyond the Organizer’s control.
7.13. Taxation of the Prizes is carried out in accordance with the current legislation of Ukraine. The Organizer is the tax agent.
7.14. The Winner of the Promotion accepts the official terms of the Promotion and is familiar with the fact that all taxes, payments and fees that arise when registering the possibility of realizing the Main Prize in accordance with current legislation are paid by the tax agent.
7.15. The Participant who became the Winner of the Promotion cannot cede such right to third parties.
8. Disclaimer
8.1. Only those Registration Forms approved by the Organizer for participation in the Promotion are entitled to participate in the Promotion. Registration Forms containing inaccurate data, incorrectly filled in, or having other shortcomings do not give the right to participate in the Promotion and are not allowed by the Organizer to participate in the Procedure for determining the Recipient of the Main Prizes of the Promotion. Responsibility for the consequences of such violations of the Rules and Conditions of the Promotion lies with the persons who committed them.
8.2. The Organizer bears no responsibility for the accuracy of the information provided by the Participant of the Promotion and reserves the exclusive right to refuse any person who has provided inaccurate information about themselves to participate in the Finale of the Promotion.
8.3. By participating in the Promotion, its Participants agree that if they are declared Winners who are entitled to receive Promotion Incentives and/or receive the Main Prizes, their names and photographs may be announced and used by the Organizer in printed, audio and video materials, including for the purpose of advertising and profit-making, and such use is free of charge and is not subject to compensation in any form.
8.4. By filling out the Participant Form, individuals agree that the information received by the Organizer from the Participants of the Promotion who filled out the Participant Form is not considered confidential and may be used by the Organizer at its sole discretion, taking into account the provisions of the current legislation of Ukraine regarding the circulation of such information.
8.5. Cash and/or any other compensation for the Main Prizes is not issued. Replacement of the Main Prizes with any other good is not allowed. The Main Prizes are not exchangeable and non-refundable.
9. Rights and obligations of the Organizer
9.1. The Organizer reserves the right to change the date of determining the Prize Recipients. Information about the change in the date of determining the Prize Recipients can be found on the Customer’s social pages.
9.2. The Organizer reserves the right to increase the amount of the prize fund.
9.3. The Organizer does not notify the Prize Recipient again about his victory.
9.4. The Organizer of the Promotion is not responsible for the inability of the Recipient to receive the Prizes for any reasons beyond the Organizer’s control, including due to the Participant of the Promotion providing incorrect/or incomplete data, etc., which are necessary for participation in the Promotion. In this case, such a Prize Recipient is deprived of the right to receive any compensation from the Organizer of the Promotion.
9.5. The Organizer of the Promotion is not responsible for the future use of the Prizes of the Promotion and for the inability to use them for any reasons.
10. Final provisions
10.1. In case of any disputes regarding the interpretation of the conditions of the Promotion, the interpretation of the Promotion Organizer is recognized as official, which is final and binding for all persons/Participants of the Promotion and is not subject to appeal. The Organizer’s decisions on all issues related to the Promotion are considered final, non-appealable and apply to all Promotion Participants.
10.2. The Organizer of the Promotion may invalidate any registration, as well as prohibit further participation in this Promotion to any person who falsifies or benefits from forgery of the registration process or other stages of the Promotion, or acts in violation of these Rules and Conditions of the Promotion, acts destructively in a manner or acts with the intention of harassing, insulting, threatening or harming any other person who may be associated with this Promotion.
10.3. The Customer/Organizer is not responsible in the event of force majeure, such as natural disasters, fire, flood, military actions of any nature, blockades, significant changes in the legislation in force in the territory of the Promotion, others beyond the control of the Customer /The organizer of the circumstances.
10.4. The Customer/Organizer is not responsible for the impossibility of receiving the main gift by the Participant of the Promotion for any reason beyond the control of the Organizer. At the same time, such Participant does not have the right to receive any compensation from the Organizer.
10.5. The Customer/Organizer does not bear any responsibility: for the further use of the Main Gift by the Promotion Participants after receiving them, any warranty obligations regarding the quality of goods/services provided by third parties, as well as for the possible consequences of their use.
10.6. The Customer does not enter into any disputes regarding the recognition of any persons as Participants of the Promotion and the rights to receive the Main Gift. The Customer does not assume responsibility for determining the rights of the parties in any disputes regarding the conduct of this Promotion.
10.7. Receipt of the main gift is foreseen only by the Participants of the Promotion and cannot be considered as a monetary obligation.
10.8. The Organizer uses the main gift, which the Participants of the Promotion refused to receive, at its own discretion, taking into account the provisions of the contract between the Customer and the Organizer.
10.9. The obligation to calculate and pay taxes in connection with the delivery of the relevant Promotional Incentives and the Main Gift, as well as the responsibility for failure to fulfill this obligation, is borne by the Customer of the Promotion.
10.10. According to the requirements of Art. 634 of the Civil Code of Ukraine on accession contracts, namely, regarding the possibility of concluding such a contract by joining one party to the proposed contract, by participating in the Promotion, all Participants agree to these Promotion Rules and Conditions and undertake to comply with them.
10.11. These Rules are a preliminary contract, and in case of refusal to comply with these Rules and Conditions of the Promotion, the Winners lose the right to receive the Main Gift.
10.12. All results of the Promotion are final and cannot be appealed.
10.13. The Organizer’s decisions regarding all issues related to the Promotion are considered final and apply to all its participants. The organizer reserves the right to change the terms and conditions of the Promotion, the procedure for awarding prizes, suspend or cancel the Promotion. The Organizer is not responsible for the violation of the rights of third parties by the Participants of the Promotion. The Organizer is not responsible for changing the Terms of the Promotion in case of force majeure circumstances that do not depend on the will of the Organizer, but affect the course of the Promotion. Participation in the Promotion means agreement with all its terms.
10.14. These rules may be changed/supplemented by the Organizer during the entire Promotion Period, while informing about changes and additions will be made by posting on the shopping mall website or in its social networks. Such changes and additions enter into force from the moment of publication, unless otherwise provided by changes/additions to the current Official Terms.
10.15 By participating in the Promotion, each Participant thereby confirms the fact of familiarization with these Promotion Terms and his full and unconditional agreement with them. The Promotion Participant’s violation of these Terms or the Promotion Participant’s refusal to properly comply with these Terms is considered the Promotion Participant’s refusal to participate in the Promotion and receive winnings, while such a person has no right to receive any compensation from the Organizer and/or other persons.
11. Other Terms.
11.1. By participating in the Promotion, the Participant/Winner of the Promotion, in particular, confirms their agreement to the following:
Each Participant of the Promotion thereby gives his consent to the processing and free use of personal data provided by the Participant of the Promotion, namely: name, surname, patronymic, phone number, e-mail address, as well as other data provided by the Participant of the Promotion to participate in Actions (hereinafter – “Personal data”) (Processing of personal data about racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data related to health or sexual life – DOES NOT TAKE PLACE) by the Organizer of the Promotion, for marketing and/or any other purpose by methods that do not violate the current legislation of Ukraine (including by transferring it to third parties), in particular, for the free use of his name, surname, or other information about him with advertising / for marketing purposes, including, but not limited to, sending information, messages (including advertising in nature if ticks are placed in the relevant cells of the Participant’s Questionnaire), without any restrictions on the territory, time and method of use, and such use will not be compensated in any way by the Promoter and/or any third party. The provision of such consent is considered within the meaning of Art. 296, 307, 308 of the Civil Code of Ukraine and the Law of Ukraine “On Protection of Personal Data”
The Organizer of the Promotion, in accordance with the procedure defined by the Law of Ukraine “On the Protection of Personal Data”, has the right to process and use personal data (passport data, identification code, etc.) of the Participants/Winners of the Promotion in any way that is not prohibited by the current legislation of Ukraine, including, but not limited to in order to fulfill the requirements of the legislation of Ukraine, regarding advertising, taxes, and in the field of accounting.
11.2. Each Participant of the Promotion agrees that the Personal Data provided by him will be used by the Promotion Organizer exclusively for the purpose of conducting the Promotion.
By participating in the Promotion, each Participant of the Promotion confirms that, from the moment of his participation in the Promotion, he has been properly informed about the purpose of collecting his Personal data, with the rights provided for in Art. 8 of the Law of Ukraine “On the Protection of Personal Data”, familiarized.
The processing of personal data can be carried out by the Organizer of the Promotion independently or can be transferred to other operators on the basis of a contract with the condition of maintaining confidentiality.
The Organizer of the Promotion bears no responsibility for the protection of personal data posted by the Participant against illegal or accidental access to them, destruction, distortion, blocking, copying, distribution of personal data, as well as other illegal actions. Just as the Promotion Organizer does not bear any responsibility for the violation of the rights of third parties as a result of the actions of the Promotion Participant in posting such personal data