“[Winter Promotional Campaign]” Rules, Terms & Conditions (the “Rules”)
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These Terms & Conditions apply to the “[Winter Promotional Campaign]” together with the various interactive games and/or events (the promotional campaign, together with the games and/or events, the “Promotion”, and each game and/or event, a “Game”) being run on the AliExpress Platform (defined below under Clause 4).
1. Promotion and Prizes. During the Promotion Period (see Clause 2 below), Eligible Members (as defined under Clause 5) who satisfy the requirements under Clause 6 shall be entitled to receive certain offers (e.g. AliExpress Coupons, or Seller coupons etc.) in connection with the Promotion.
2. Promotion Period. Save as otherwise mentioned in the Rules, the Promotion begins on January 8, 2021 at 00:00:00 (PST time) and ends on January 15, 2021 at 23:59:59 (PST time).
3. Promoter. Alibaba.com Singapore E-Commerce Private Limited, a company incorporated in Singapore with registered office address at 8 Shenton Way, #45-01 AXA Tower, Singapore 068811 (the “Promoter”).
4. Availability. Unless otherwise stated in the Promotion-specific rules under Clause 6, this Promotion is available on AliExpress.com, AliExpress.com iPhone and Android Apps, AliExpress.com Android Pads application, but shall not be available on the AliExpress.com iPads App or and the mobile version of AliExpress.com (all available portals, the “AliExpress Platform”).
5. Eligible Members. To participate in the Promotion, you must be a registered member of AliExpress, except that employees, officers and directors of the Promoter and their respective immediate family members, affiliated and subsidiary companies, as well as any company involved in the Promotion, together with their respective agents, and as set out in paragraph 6 below are not eligible to participate in the Promotion. In addition, only natural persons older than 18 years are eligible to participate in the Promotion. The user confirms that the user is allowed to participate in the Promotion and that the Promotion as designed is valid and does not require specific requirements in the jurisdiction the user is based or accessing the Promotion from.
6. Promotion-specific Rules.
I. Add Products To the Cart To Receive Coins
a) Time period: January 8, 2021 00:00:00 PST until January 10, 2021 23:59:59 PST (“Add to Cart Period”).
b) Availability: AliExpress.com (web), AliExpress.com iPhone and Android Apps.
c) Game description and rules
i) During the Add to Cart Period, each Eligible Member can receive a total of two (2) Coins for each product (regardless of the quantities of such product) that the Eligible Member adds to his/her shopping cart. To illustrate, an Eligible Member may only receive 2 Coins even if he adds the same product to his shopping cart.
ii) The Add To Cart Game is subject always to:
A) a maximum daily cap of 6 Coins per Eligible Member per day; and
B) a maximum total cap of 18 Coins per Eligible Member during the entire Add to Cart Period.
d) Terms and Conditions for use of Coins
i) All Coins successfully obtained through Add to Cart will only be available to use until December 31, 2022 23:59:59 PST.
II. Get Coupons After Shopping
a) Time period: January 8, 2021 at 00:00:00 (PST time) to January 15, 2021 at 23:59:59 (PST time) (“Shopping Reward Period”)
b) Availability: AliExpress.com iPhone, iPad and Android Apps, AliExpress.com Android Pad application and AliExpress.com (web only)
c) Game description and rules
i) During the Shopping Reward Period, each Eligible Member who successfully completes an order by making payment for a purchase will be issued one (1) AliExpress Select Coupon of USD 2 for each completed order. This AliExpress Select Coupon may be used only for purchases of certain items which accept AliExpress Select Coupons.
ii) During the entire Shopping Reward Period, each Eligible Member can receive a maximum of 100 AliExpress Select Coupons of USD 2.
d) Terms and Conditions for use of Coupons
i) Select Coupon Usage Period: All AliExpress Select Coupons collected by the Eligible Member through the Shopping Reward Game shall only be valid for use from January 11, 2021 at 00:00:00 (PST time) to January 15, 2021 at 23:59:59 (PST time).
ii) Use of Select Coupons: All AliExpress Select Coupons collected by the Eligible Member through the Shopping Reward Game can be used on AliExpress.com (web and mobile), AliExpress.com iPhone, iPad and Android Apps and AliExpress.com Android Pad application.
iii) [Multiple Select Coupons can be used at the same time for a purchase from the same store, but the maximum discount values depend on individual store restrictions. For example, if the condition for use of coupon of a store is "Save up to USD 2 on orders over USD 15", up to two Select Coupons can be used for a purchase of USD 30 from that store (with each Select Coupon valued at USD 2); if the condition for use of coupon of a store is “Save up to USD 6 on orders over USD 65”, up to three Select Coupons can be used for a purchase of USD 65 from that store.]
III. Floating Coupon
a) Time Period: January 8, 2021 at 00:00:00 (PST time) to January 15, 2021 at 23:59:59 (PST time) (the “Floating Coupon Period”)
b) Availability: AliExpress.com iPhone, iPad and Android Apps, AliExpress.com Android Pad application and AliExpress.com (web and mobile site)
c) Game description and rules
i) During the Floating Coupon Period, all Eligible Members will experience a coupon icon which appears on the landing page of the relevant AliExpress Platform. If an Eligible Member successfully clicks on the coupon icon when it appears, he/she will receive a bundle of ten (10) AliExpress Select Coupons of USD 2 each which may be used only for purchases of certain items which accept AliExpress Select Coupons.
ii) Each Eligible Member will only be able to redeem the bundle of 10 AliExpress Select Coupons for a maximum of five times per day.
iii) During the entire Floating Coupon Period, each Eligible Member can receive a maximum of 40 bundles of 10 AliExpress Select Coupons of USD 2 each (i.e. a total of 400 AliExpress Select Coupons each with a face value of USD 2).
d) Terms and Conditions for use of Coupons
i) Select Coupon Usage Period: All AliExpress Select Coupons collected by the Eligible Member through the Floating Coupon Game shall only be valid for use from January 11, 2021 at 00:00:00 (PST time) to January 15, 2021 at 23:59:59 (PST time).
ii) Use of Coupons: All AliExpress Select Coupons collected by the Eligible Member through the Floating Coupon Game can be used on AliExpress.com (web and mobile), AliExpress.com iPhone, iPad and Android Apps and AliExpress.com Android Pad application.
7. General rules.
a) By participating in this Promotion, you agree to be bound by these Rules.
b) Any fraud and/or abuse of the offers (e.g., AliExpress coins or coupons) or prizes awarded/received under the Promotion (“Offers”) by you (as determined by the Promoter at its sole discretion) will result in forfeiture of your eligibility to the Offers and/or cancellation of all or part of your account(s) with the Promoter. The Promoter reserves the right to deduct the value of any Offers awarded inappropriately to you directly from your account(s) with the Promoter without prior notice and/or take any legal action in such instances to recover any outstanding amounts.
c) In the event that the Promotion is ceased or suspended by the relevant authorities or due to serious network attack or system fault, the Promotion may be terminated prematurely. Such situation shall constitute a force majeure event and the Promoter shall not be liable for any damages or claims that arise out of the event.
d) The Promoter is not responsible for any late, lost, delayed, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or otherwise.
e) In the event that the Promotion becomes inoperable due to any computer network related reasons, you agree that the Promoter shall not be held liable for any damages.
f) Time and validity of any transactions and/or your eligibility to the Offers shall be determined by the Promoter at its sole discretion based on the Promoter’s record. If there is any discrepancy between the record of transaction held by you and that held by the Promoter, the Promoter’s record shall be conclusive and binding on you.
g) The Promoter reserves the right to amend these Rules as well as to vary or terminate any of the Offers without prior notice. In the event of disputes, the decision of the Promoter shall be final and binding.
h) The Promoter reserves the right, at its absolute discretion, to cancel or revoke your right to participate in a Promotion or benefit from any Offers upon discovery of your violation of these Rules or your dishonest, malicious, fraudulent, unlawful or, in the opinion of the Promoter, inappropriate acts in the context of your participation in any Promotion.
i) You guarantee that your participation in the Promotion, as well as the posts submitted, do not violate any rights of third parties and are the object of independent creativity. The content of the posts should not contain offensive language, rude words or other expressions of an obscene nature.
j) You understand that the Promotor shall process your personal data in accordance with the terms of the Privacy Notice in the Annex.
k) By accepting to participate in the Promotion and/or to receive the Offer, you assume any expenses in which you may incur, except for those included in the relevant Promotion, as well as any liability arising from the picking up and use of the Offer. In addition, you shall be responsible for any taxes arising or expenses not specifically mentioned in these Rules. You acknowledge that the Promoter shall not be responsible for any costs (including but not limited to delivery, inspection, taxes and/or transaction costs) in relation to or arising from receiving of or using the Offer.
8. AliExpress Coins and coupons additional terms and conditions. If you receive AliExpress Coins and/or AliExpress Select Coupons as Offers, terms and conditions under this paragraph 8 shall also apply.
a) Your account on AliExpress will be credited with the Offer upon you being offered to receive the Offer and your taking of that Offer.
b) You understand and agree that the exchange ratio to AliExpress Coins and amount of AliExpress Select Coupons (if applicable) are calculated on the basis of US dollars and may be converted to local currency on the Promotion page. You further understand and agree that due to time difference and the fluctuation of currency conversion rate, amount of the final coupon you received may be inconsistent with the amount displayed on Promotion page.
c) All AliExpress Coins collected by the Eligible Member through the Promotion will expire on the relevant expiry dates stipulated in the Promotion-specific rules under Clause 6 (“Coin Usage Period”).
d) All AliExpress Select Coupons collected by the Eligible Member through the Promotion shall only be valid for use during the relevant usage period stipulated in the Promotion-specific rules under Clause 6 (“Coupon Usage Period”).
e) In the case of AliExpress Select Coupons as Offers:
i) AliExpress Select Coupons that remain unused after the Coupon Usage Period or Coin Usage Period will lapse and cannot be refunded or exchanged for anything; and
ii) AliExpress Select Coupons may not be used for certain regions and/or products and/or shipping purposes as may be decided by AliExpress.com from time to time.
f) AliExpress Coins are not legal tender, and under no circumstances shall AliExpress be obliged to provide any cash, credit or equivalent to any Buyer for any forfeited, unused or unutilized AliExpress Coins, nor shall such forfeited, unused or unutilized AliExpress Coins be refundable, transferrable or exchangeable in any way for cash.
g) Use of any AliExpress Select Coupons is further subject to the AliExpress Coupons terms and conditions: https://helppage.aliexpress.com/buyercenter/questionAnswer.htm?isRouter=0&viewKey=1&id=20060642&categoryIds=9205400&lang=ru.
9. Conflict of terms and conditions. In the event that any of the terms under these Rules conflict with rules and/or any such related information displayed elsewhere on AliExpress.com, the terms under these Rules shall prevail.
Furthermore, in case of any discrepancy in the context between the English and other language versions of these Rules, the English version shall prevail.
10. Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PROMOTER BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THIS PROMOTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT PROMOTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
11. Disputes. You acknowledge and agree that the Promoter or any of its affiliates shall not be responsible, and shall have no liability to you or anyone else for any dispute or claim that arises out of your participation in the Promotion.
12. Governing law. You agree that this Promotion is governed, interpreted and enforced by the laws of Hong Kong without regard to its conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection with this Promotion must be brought in a court of competent jurisdiction in Hong Kong.
ANNEX – PRIVACY NOTICE
This Privacy Notice applies to “[Winter Promotional Campaign]” and sets out how AliExpress will collect and use the personal data of participants for the duration of this Promotion.
If a participant has any requests, questions or concerns about the use of personal data or this Privacy Notice, please contact our Data Protection Officer at: DataProtection.AE@aliexpress.com.
A. DATA WE COLLECT
For the purposes of “[Winter Promotional Campaign]”, AliExpress will collect the following types of personal data from participants:
• Name (first and/or last)
• Username on AliExpress
• [Publicly available [image(s)/video(s)] of]/[Image(s)/video(s)/other content] provided by] the participant on [AliExpress/social network__]
• City of residence
B. PURPOSE AND BASIS FOR COLLECTING DATA
AliExpress will collect this data for the purpose of awarding the Offers to you. Data will be collected and used on the basis of AliExpress’ legitimate interest to serve as platform through which third parties may offer products and services to consumers, including via special offers and promotional activities. As stated in section D below, you have the right to object to this basis for processing your personal data.
C. SHARING OF DATA
AliExpress will only share your personal data with the third-party marketing firms who will be responsible for the direct realization of this Promotion and who are under appropriate contractual obligations to protect the personal data entrusted to them. AliExpress may also share this data internally as necessary for the purposes of this Promotion.
D. STORAGE AND DELETION OF DATA
AliExpress will only store participants’ personal data for as long as necessary to fulfill the purposes of this Promotion, after which time AliExpress will delete this data.
E. RIGHTS CONCERNING DATA
Participants in the Promotion have rights concerning their data, including the right to access, rectify or erase their personal data, as well as the right to object to or restrict the processing of their personal data. If a participant objects to the processing of his personal data, or otherwise requests restriction or deletion, then the participant will no longer be able to participate in the Promotion. Participants also have the right to lodge a complaint about the processing of their personal data with the Supervisory Authority.
F. INTERNATIONAL TRANSFERS OF DATA
AliExpress may transfer participants’ personal data to countries outside of the European Economic Area (“EEA”), including to countries that may not provide the same level of data protection as in a participant’s home country. In such cases, AliExpress has taken appropriate steps to ensure that the recipients of personal data are bound to duties of confidentiality and appropriate contractual safeguards to ensure personal data will remain protected in accordance with this Privacy Notice – including, where applicable, standard contractual clauses. A copy of those clauses can be obtained by contacting us through the means noted above.