TERMS AND CONDITIONS OF #NLIFT PRIZE DRAW

  1. GENERAL PROVISIONS

    The Organizer of the #Nlift Draw is Matex Lab S.A., a company incorporated under the laws of Switzerland, with its registered office in Plan-les-Ouates, address: route de la Galaise 12, 1228 Plan-les-Ouates, Switzerland, registered into the Company House of Canton Geneva with tax identity number: CHE-422.592.120.

  1. DEFINITIONS

  1. the Experience Quote – Entrants’ experience on the #Nlift Protocol which they participated as a patient or as a doctor;

  2. the Entrant:

  1. Patient – a natural person with full legal capacity under laws of their respective country of permanent residence, who fulfilled the conditions set out in point III.1 of the Terms and Conditions;

  2. Doctor – a natural person with full legal capacity and the right to practice as a medical doctor under laws of their respective country of permanent residence, who specializes in performing aesthetic medicine treatments, including treatments that make up the #Nlift Protocol and fulfilled the conditions set out in point III.1 of the Terms and Conditions;

  1. the #Nlift Account – an account on the #Nlift website created for the Patient or the Doctor in order to get advice on the #Nlift Protocol, sharing the Experience Quote and submit the Entry to the #Nlift Draw;

  2. the #Nlift Passport – document confirming entering the #Nlift Protocol by the Patient included in #Nlift Box.

  3. the #Nlift Box – set of Neauvia products enabling performance of #Nlift Protocol;

  4. the Draw includes:

  1. the Patients’ Draw – prize draw conducted among Patients’ Entries;

  2. the Doctors’ Draw – prize draw conducted among Doctors’ Entries.

  1. the Entry – application to the #Nlift Draw;

  2. the Organizer’s Affiliates – any parent company of the Organizer, its subsidiaries, affiliates or and any other company or partnership directly or indirectly controlling, controlled by or under direct or indirect common control with the Organizer;

  3. the Organizer’s Partners – any company which cooperates with the Organizer or its Affiliates or any person having participated directly or indirectly in the design, organization, implementation and/or management of the #Nlift Draw i.e. marketing agencies, the IT companies providing support services of the Draw etc. The flights carriers and entities providing accommodation services are excluded from above definition;

  4. the Prizes – prizes in the #Nlift Prize Draw specified in point VI of the Terms and Conditions;

  5. the #Nlift website – www.neauvia.com/nlift;

  6. the Trip – trip described in point VI. ff the Terms and Conditions;

  7. the Entry Closing Date – final date the Entries may be submitted indicated in point III.14 of the Terms and Conditions.

  1. THE #NLIFT DRAW GENERAL RULES

  1. Any person who meets the conditions set out in point II.2 of the Terms and Conditions who wants to take part in the #Nlift Draw should meet the following conditions:

    1. have an individual Patient’s or Doctor’s account on #Nlift website,

    2. follow the #Nlift Protocol as a Patient or as a Doctor,

    3. share the Experience Quote by the #Nlift Account,

    4. enter the #Nlift Draw by submitting the Entry via the #Nlift Account, in accordance with the provisions of point 5 hereunder, within the time limit specified in point 14 hereunder.

  2. The following persons are excluded from any participation in the #Nlift Draw and the benefit of any award, directly or indirectly: all personnel of the Organizer or Organizer’s Affiliates or Partners, including their families and spouses (marriage, partnership or equivalent or cohabitation, whether recognized or not).

  3. The Entrant should have a device with Internet access and equipped with an up-to date web browser. The #Nlift Draw Organizer is not responsible for the operation of the systems and/or devices independent from the Organizer, e.g. for configuration or legality of software or hardware used by the Entrant.

  4. The Organizer accepts no responsibility for the Entries that are illegible, lost, delayed, misplaced, misdirected or incomplete or cannot be delivered or entered for any technical or other reason.

  5. The Entrant being the Doctor wishing to take part in the #Nlift Draw should create her/his #Nlift Account and make all required statements, register her/his Patients in order to create their #Nlift Account, upload #Nlift Passport duly completed with the name of each Patient and share the Experience Quote.

  6. The Entrant being the Patient wishing to take part in the #Nlift Draw should confirm creating her/his #Nlift Account by the Doctor, make all required statements and share the Experience Quote.

  7. Meeting all the above conditions constitutes the Entry to the Draw.

  8. The Entrant wishing to enter the #Nlift Draw should create her/his #Nlift Account, share the Experience Quote and make all required statements.

  9. After submitting the Entry, the Entrant is registered in the #Nlift Draw database.

  10. One-time participation of the Patient and Doctor in the #Nlift Protocol entitle both Patient and Doctor to one Entry of each of them in the #Nlift Draw. Multiple same applications do not increase the Entrants’ chances of winning the #Nlift Draw and each subsequent such the Entry itself will be treated as a duplicate.

  11. The Organizer reserves the right to exclude the Entrant from the Draw, delete multiple Entries or end the #Nlift Draw if there are any discrepancies or suspicions of technical manipulation.

  12. The Organizer reserves the right and the possibility to verify if the Entrant complies the conditions set out in these Terms and Conditions, in particular when there is a reasonable suspicion that the Entrant violates the rules of the game established in these Terms and Conditions or violates applicable law.

  13. The Organizer may request the Entrant to submit additional statements in writing, additional details or deliver documents necessary to lawful participation in the #Nlift Draw.

  14. Failure to meet the conditions set forth in the Terms and Conditions or unjustified refusal to comply with the above requests, may result in exclusion of the Entrant from the #Nlift Draw and expiration of the right to the Prizes specified in point VI of the Terms and Conditions.

  15. In the event of exclusion, the excluded Entrant shall be replaced by the respective Entrant from the list of reserve Winners.

  16. One Entry entitles the Entrant to win a maximum one Prize. The awarded Entry is removed from the #Nlift Draw database and does not take part in the draw of the next Prize.

  17. The Entries can be submitted from 00:00:00 on the 12/10/2020 until 23:59:59 on the 31/03/2021, only after fulfilling conditions set forth in point 1 above.

  18. Participation in the #Nlift Draw is voluntary. Before joining the #Nlift Draw the Entrant should get acquainted with the Terms and Conditions.

  19. By submitting Entry for the #Nlift Draw, the Entrant accepts this Terms and Conditions.

  20. The Entrant is not allowed to act in breach of the Terms and Conditions, including but not limited to the use of scripts or software automating sending applications or navigating the #Nlift website.

  1. SUPERVISION OVER THE #NLIFT DRAW

  1. The Organizer appoints the Commission in order to operate and supervise the course of the #Nlift Draw.

  2. The Commission consist of at least 3 persons chosen by the Organizer from the Organizer’s employees, who have received training on the this Terms and Conditions to the extent necessary to performing activities related to the supervision and operation of the #Nlift Draw.

  3. The tasks of the Commission include in particular:

  1. ensuring that all valid Entries are eligible for the Draw,

  2. ensuring compliance of the Draw with the #Nlift Draw Terms and Conditions,

  3. signing the protocol containing the description of the activities and the Draw result,

  4. participation in the activities of selecting the Winners, checking and confirming entitlement to collect the Prize by the Winner,

  5. supervision over the course of the complaint procedure.

  1. THE DRAWS

  1. The Commission shall conduct the Doctors’ Draw and the Patients’ Draw.

  2. Both Draws shall be conducted within 14 days after Entry Closing Date by the randomized draw application.

  3. The Commission draws in each Draw one Winner and one reserve Winner for each Prize. The reserve Winner is entitled to the Prize only in case of the circumstances described in the Terms and Conditions, in particular in point VI.10 of the Terms and Conditions.

  4. The Commission prepares a protocol on each Draw, containing the description of the activities and the Draw results. The protocol shall be signed by each member of the Commission.

  1. THE PRIZES

  1. The following Prizes may be awarded in the #Nlift Draw:

  1. the Doctors’ Draw:

    1. one 3 days trip to Milan for 2 persons worth approximately 5.400 CHF,

    2. 5 sets of #Nlift kit enabling #Nlift Protocols (i.e. following products: the New Born Skin, Wake Up Skin, Hydro Deluxe, Rigen Mask, Stimulate, Intense, a solution for water peeling using the Zaffiro device, cleansing solution, IR gel, C-shot, Ceramide Shield) worth approximately 400 CHF each;

    3. 5 sets of Neauvia cosmeceuticals used in the #Nlift Protocol (i.e. the New Born Skin, Wake up Skin, C-shot, C-routine, Advanced Cream, Detox Mask) worth 200 CHF each;

  1. the Patients’ Draw:

    1. one 3 days trip to Milan for 2 persons worth approximately 5.400 CHF,

    2. 5 sets of #Nlift kit Protocol for one person (the set includes: Anti-aging booster, C-shot, 1 Ceramide Shield) worth approximately 1600 CHF each.

    3. 5 sets of Neauvia cosmeceuticals used in the #Nlift Protocol (i.e. the New Born Skin, Wake up Skin, C-shot, C-routine, Advanced Cream, Detox Mask) worth approximately 470 CHF each;

  1. The dates of Trips are subject to Organizer’s discretion with the reservation that all days of stay will fall during the week between the 4th and the 11th July 2021;

  2. The trip includes: flight from the place of residence of the Winner to Milan and back at the economy class at the times and dates indicated by the Organizer, subject to point 2 above and 2 nights in the hotel without meals. The choice of the carrier and hotel is at the discretion of the Organizer.

  3. The Organizer does not make changes to flights or changes to the booking of accommodation and does not bear the costs of such changes made by the Entrant.

  4. Other issues than mentioned above, related to the participation in the Trip are the sole responsibility of the Entrant other departure costs, e.g. related to the need to prepare appropriate documents entitling to enter Italy).

  5. Flights are operated under the conditions of carriage in force at the given air carrier.

  6. If the costs of trip of the Winner exceed the value of 5.400 CHF due to flights costs from the country of his residence, the Organizer have right to grant the alternative prize to the trip which will be as follows: 1 Plasma IQ worth approximately 4.300 CHF for the trip Winner of the Doctors’ Draw and 12 sets (monthly routine gift) of Neauvia Cosmeceuticals (i.e. the New Born Skin, Wake up Skin, C-shot, C-routine, Advanced Cream, Detox Mask) worth approximately 4.300 CHF for the trip Winner of the Patients’ Draw.

  7. The Winners are informed about the awarding of the Prize by e-mail to the address provided when creating an account on the #Nlift website. After receiving the information about granting the award, the Winner is obliged to provide all details and documents necessary to send the award and required to comply with any tax obligations (including certificate of domicile or similar depending on the country of residence of the Winner) within 7 days from delivery such notification. By sending all the details and documents required by tax law, the Winner agrees to consents to the transfer of these documents to the competent tax authorities.

  8. The Prizes will be sent to the Winners by post or if they are in the electronic form by mail at the Organizer’s expense to the address indicated by the Winner in accordance with point 8 above, within 14 days from the date of indicating required data.

  9. The Organizer is not responsible for inability to notify the Winner about winning the Prize if the Entrant provides an incorrect e-mail address electronic, i.e. e-mail address or changes to this e-mail address during the #Nlift Draw.

  10. The Organizer is not responsible for mis delivery the notification about winning the Prize in case the postal program used by the Winner will put the e-mail from the Organizer in the category “junk mail”/”spam” in the Winner’s inbox.

  11. In the event of failure to deliver the abovementioned required details or documents by the Winner, the award entitlement is transferred to the Winner from the reserve list.

  12. Dealing with a Winner on a reserve list will be held on the same terms as for the award Winner. If the Winner from the reserve list will also fail to meet the conditions described above in time indicated in point 8 above, the Prize remains at the Organizer’s disposal.

  13. Prizes unclaimed due to the Winner’s fault until 2 weeks after the date of the email sent announcing the Winner, remain at the disposal of Organizer.

  14. The Prize is not transferrable and non-cash Prizes shall not be redeemable for cash. No substitutions or exchanges (including for cash) of the Prize will be permitted, except that Organizer reserves the right to substitute a Prize by any Prize of similar value, if the intended Prize becomes unavailable for any reason beyond its reasonable control (for example international or domestic flights will be banned due to the pandemic). This provision does not impose on the Organizer obligation to exchange the Prize.

  15. To the extent permitted by applicable local law, the Prize is awarded “as is” and without condition, warranty of any kind, express or implied. Country, state, local taxes, including VAT taxes, which are associated with the receipt or use of the Prize are the sole responsibility of the Winner.

  16. To the fullest extent permitted by applicable law, the Organizer shall not be liable for any damage, injury or loss consequential or otherwise caused by participation in the draw.

  1. THE COMPLAINT PROCEDURE

  1. All complaints regarding this #Nlift Draw may be submitted by Entrants via sending an e-mail to the Organizer’s e-mail address: nlift@neauvia.com not later than the 31st of January 2021. The date of receipt the complaint by the Organizer shall decide about keeping the deadline.

  2. The complaint should contain: name and surname and address of the Entrant and the reason for the complaint.

  3. The complaint is considered by the Organizer within 14 days from receiving it.

  4. Notification of the result the complaint will be sent to the Entrant via e-mail. The date of sending an e-mail by the Organizer is decisive for meeting the deadline.

  5. The complaint procedure is voluntary and does not exclude the Entrant’s right to pursue claims in legal proceedings independently from the complaint procedure.

  1. TAXES

  1. Receiving the Prizes in the #Nlift Draw may be subject to tax payment obligations.

  2. All taxes due in respect of receiving the Prizes shall be borne by the Winner.

  3. It is the Winner’s sole responsibility to inform himself/herself of his/her tax obligations in his/her country of residence in connection with the receipt or use of the Prizes and to comply with them.

  4. In accordance with the Swiss legislation on withholding tax, the Organizer shall declare to the Swiss Federal Tax Administration the nature and value of the Prizes, the Winner’s names and addresses, as well as a valid proof of domicile provided by the Winner in accordance with section VI (8).

  5. The Organizer reserves its right to take all other necessary steps to comply with its tax obligations in relation to the present Terms and Conditions.

  1. THE ORGANIZER’S LIABILITY LIMITATION

  1. By entering the #Nlift Draw the Entrant:

      1. confirms that according to their best knowledge, they are allowed to take part in the #Nlift Draw according to the local law of their place of residence, and if it proves to be otherwise, they will not pursue any claims against the Organizer in this respect;

      2. releases to the fullest extent permissible by applicable law, the Organizer and any of its Affiliate, directors, officers, employees and agencies (collectively, the “Released Parties”) from any liability whatsoever, and waive any and all causes of action related to any claims, costs, injuries, losses or damages of any kind, whether consequential or otherwise, arising out of or in connection with the #Nlift Prize Draw or delivery, mis delivery, acceptance, possession, use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under contract, tort (including negligence), warranty or other alleged cause of action.

  1. The Organizer is not liable to the maximum possible extent allowed by the the law for any damage resulting from carrying out the treatments included in the #Nlift Protocol contrary to medical practice, recommendations of the #Nlift Protocol and contrary to the law in force in the place of residence of the Patient.

  1. PERSONAL DATA

    1. In connection with the #Nlift Draw, the Doctor creates the Patients’ #Nlift Accounts and processes their personal data like name, surname and contact details, as well as Patients’ treatment details.

    2. After creating the #Nlift Account, the Doctor will not have access to the Patients’ #Nlift Account.

    3. The Doctor will have access to a list of his Patients who take part in the Nlift Draw.

    4. In addition to the personal data of the Patients referred to in point 1, the Doctor processes personal data of the Patients that relates to his/her state of health. In relation to this personal data, the controller is the Doctor.

    5. The Doctor is obliged to properly secure the Patients’ personal data and process them in accordance with these Terms and Conditions and the applicable law.

    6. The Doctor is obliged to process the personal data of the Patients only for the purpose indicated in those Terms and Conditions. Upon completion of the #Nlift Draw, the Doctor is obliged not to process the personal data of the Patients, which he/she processed in connection with the Draw.

    7. The Organizer is not responsible for the actions of the Doctor, which may violate the personal rights of his Patients.

    8. The Organizer processes the Entrants’ personal data on the basis of consent to participate in the #Nlift Draw. Personal data of #Nlift Draw Entrants will be processed in order to perform the activities necessary for the proper conduct of the lottery and transfer of the Prize.

    9. Participation in the #Nlift Draw setting up an individual account on the #Nlift website by the Doctor and the Patient. In order to properly conduct the #Nlift Draw, the following information will be processed: personal data provided on an individual profile, i.e. first name and surname, contact details and details identifying the author of the Experience Quote.

    10. Personal data will be processed for the duration of the #Nlift Draw or until the date required by law. After this time the Organizer may process only personal data related to Experience Quote , unless the Organizer has the right to process the data of the #Nlift Draw Entrant also on a different basis.

    11. Participants provide their data on a voluntary basis, but providing the data is a condition for obtaining the opportunity to participate in the #Nlift Draw.

    12. The controller of personal data of the #Nlift Draw Entrants is MATEX LAB S.A., route de la Galaise 12, 1228 Plan-les-Ouates, Geneva, CHE-422.592.120, Switzerland.

    13. In order to obtain information on the processing of personal data, please send an inquiry to the e-mail address provided: nlift@neauvia.com.

    14. The recipients of personal data will be employees of the Administrator and companies from the Matex Lab group (in particular ITP SA, MATEX Lab SA, Matex Lab Italia srl, Matex Lab Spain SL, Matex Lab France SARL, Neauvia North America Inc.), within the scope of their duties on the basis of the authorization and the Administrator’s partners cooperating in the #Nlift Draw.

    15. The Entrants have the right to access their data and the right to rectify, delete and limit processing.

    16. Personal data will not be processed in an automated manner, including in the form of profiling, i.e. no decisions causing legal effects on the person or in a similar way significantly affecting it will not be based solely on the automatic processing of personal data and will not be related to such an automatically taken decision.

  2. FINAL PROVISIONS

  1. These Terms and Conditions are available on the #Nlift website.

  2. The #Nlift Draw and these Terms and Conditions are governed by the laws of Switzerland and any disputes relating thereto are subject to the exclusive jurisdiction of the Courts of Geneva, Switzerland.

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