Положение о проведении акций

1. General provisions

1.1. This Regulation establishes a uniform procedure for the organisation and conduct of marketing (sales promotion) campaigns (hereinafter — the "Promotion") of the Limited Liability Partnership "La Pomme Group" (hereinafter — the "Organiser") within the framework of promoting the products of the "La mela" brand through the online store shop.lamelacosmetics.com and the official "La mela" brand account on the Instagram social network (@lamelacosmetics).

1.2. This Regulation is a framework document of the Organiser and an integral annex to the Public Offer. On the basis of this Regulation, separate Promotion Rules (in the form set out in Annex No. 1 to this Regulation) are approved and published before the start of each particular Promotion.

1.3. The purpose of conducting Promotions is to stimulate interest in the products of the "La mela" brand, to increase sales, and to enhance brand awareness and customer loyalty. Promotions do not pursue the aim of deriving profit from fees charged for participation.

2. Types of Promotions

2.1. Depending on the mechanics, the Organiser has the right to conduct the following types of Promotions:

• discount promotions — a temporary reduction in the price of individual items or categories of the Goods;
• gift with purchase — the provision of an additional item or a sample upon a purchase for a specified amount or of a particular item of the Goods;
• loyalty and bonus programmes — the accrual of bonuses for purchases with the possibility of their subsequent use towards payment;
• contests and prize draws among subscribers and buyers (in social networks, based on the results of purchases over a period and the like);
• promo codes and discount coupons distributed through mailings, bloggers and partners;
• sales (seasonal, of goods with a limited shelf life and the like) — subject to compliance with the requirements of section 5 of this Regulation.

3. Key principle: a Promotion is not a lottery

3.1. All Promotions of the Organiser are conducted free of charge for participants: the payment of a fee, the acquisition of a paid subscription or any other consideration solely for the purpose of obtaining the right to take part in a Promotion or in a prize draw is not permitted.

3.2. The prize fund of Promotions is formed exclusively at the expense of the Organiser's own funds (products of the "La mela" brand, gift certificates, other gifts), and not at the expense of contributions from participants.

3.3. The above conditions ensure that the Organiser's events qualify as advertising (sales promotion) campaigns, and not as a lottery within the meaning of the Law of the Republic of Kazakhstan "On Lotteries and Lottery Activities" dated 9 April 2016 No. 495-V, the conduct of which requires obtaining the relevant licence. The Organiser does not conduct and does not intend to conduct lotteries within the meaning of the said Law.

3.4. The purchase of the Goods required for participation in a Promotion (for example, a "prize draw among all those who place an order during the period of the Promotion") is not regarded as a fee for participation in the prize draw, since the consideration under such a purchase is the Goods themselves and not the right to take part in the prize draw; participation in such Promotions is also available without making a purchase, where this is expressly stated in the Promotion Rules.

4. Requirements for the advertising of Promotions

4.1. Advertising of Promotions is placed in accordance with the Law of the Republic of Kazakhstan "On Advertising" dated 19 December 2003 No. 508-II and must be accurate and fair and must not mislead the consumer as to the conditions, periods and organiser of the Promotion.

4.2. Advertising materials concerning a Promotion must state (or contain a reference to the page with the full Promotion Rules containing such information): the name of the Promotion; the period for which it runs; the source of information about the organiser and the full rules of the Promotion — a link to the relevant page of the Website.

4.3. Where a Promotion provides for a prize draw, the advertising must not create the impression of a guaranteed win where the win is in fact determined at random among the participants meeting the conditions of the Promotion.

4.4. The Organiser does not conduct Promotions connected with prize draws and with stimulating interest in alcoholic products and tobacco products; the products of the "La mela" brand do not fall within the said categories.

5. Particular features of individual types of Promotions

5.1. Sales and marked-down goods

5.1.1. Where Goods are sold at a discount as part of seasonal or other sales and those Goods are goods of proper quality, the Buyer retains in respect of them all the rights provided for by the Public Offer and by the legislation of the Republic of Kazakhstan on the protection of consumer rights, on a par with goods sold at the full price.

5.1.2. Where marked-down Goods are sold (Goods with defects discovered before sale, or Goods whose shelf life is about to expire), the Organiser must expressly inform the Buyer of the reason for the mark-down and of the nature of the defects before the Order is placed; such information is recorded in the description of the Goods on the Website or is communicated to the Buyer when the Order is placed.

5.2. Gift certificates

5.2.1. The validity period of a gift certificate (gift card) issued by the Organiser is not less than 3 (three) years from the date of its purchase or activation, unless a longer period is established by the conditions of a particular Promotion.

5.2.2. Should the holder decline to use the certificate, the unused balance is refunded at the holder's request in the same manner as a refund for Goods, as described in the "Exchange, Return and Refund" section.

5.3. Prize draws among subscribers and buyers

5.3.1. The rules of such a Promotion must specify: the period for which it runs; the range of participants and the method of participation; the procedure and criteria for determining the winners (including, where random selection is applied, the means of ensuring its objectivity); the procedure and time limit for informing the winner and awarding the prize; the steps to be taken if the winner cannot be contacted within a reasonable time.

5.3.2. The Organiser does not request from participants in Promotions any payment, bank details for a "fee transfer" or any other payments necessary in order to receive a prize. Any messages concerning a win that contain a demand for payment in order to receive the prize do not originate from the Organiser.

5.3.3. Determination of the winner by random selection. Where the Promotion Rules provide for the random selection of a winner, the Organiser uses the true random number generation service RANDOM.ORG (www.random.org) in the following manner:

1. Upon expiry of the period for accepting entries, the Organiser compiles a numbered list of the participants meeting the conditions of the Promotion. Each entry is assigned a sequential number starting from 1. The list is kept by the Organiser within the territory of the Republic of Kazakhstan.
2. Before the prize draw is held, the Organiser publishes on the brand's official account the number of participants and the checksum (SHA-256 hash) of the file containing the list of entries. Publication of the checksum fixes the list of participants and rules out any change to it after the result becomes known.
3. Using the RANDOM.ORG service, a random integer is generated in the range from 1 to the number of participants. The procedure is recorded on video or streamed live on the Organiser's official account.
4. The winner is the participant whose entry was assigned the sequential number drawn. Where several prizes are drawn, the procedure is repeated and the numbers previously drawn are excluded.
5. The Organiser publishes the result: the number drawn, a link to the recording of the prize draw and an anonymised list of entries (sequential numbers and partially masked identifiers of participants, for example "+7 70* *** ** 45" or "a***@example.com"), enabling each participant to confirm that their entry was included and that the winner was determined correctly.

5.3.4. Protection of personal data in a prize draw. The personal data of participants — surname, first name, telephone number, e-mail address, social network accounts — are not transferred to the RANDOM.ORG service. Where the Organiser additionally uses a Third-Party Draw Service for the official recording of the prize draw, only anonymised sequential numbers of entries are uploaded to it; the mapping between sequential numbers and participants is kept only by the Organiser within the territory of the Republic of Kazakhstan. Accordingly, no cross-border transfer of participants' personal data takes place.

5.3.5. The use of the RANDOM.ORG service ensures the objectivity of the random selection required by sub-clause 5.3.1 of this Regulation. The Organiser does not influence the result of the generation of the random number.

5.3.6. The Organiser retains the numbered list of entries and the recording of the prize draw for not less than 1 (one) year from the date on which the results are announced and provides them upon the request of a participant in the Promotion or of an authorised body.

5.3.7. Employees of the Organiser, members of their families, and also persons engaged by the Organiser to run a Promotion, may not take part in prize draws, unless otherwise expressly stated in the Rules of the particular Promotion.

6. Procedure for the approval and publication of the Rules of a particular Promotion

6.1. Not later than the start date of the Promotion, the Organiser approves and publishes, on the Website and (or) in the relevant social network post, the Promotion Rules, which contain as a minimum: the name of the Promotion; the period for which it runs (start and end dates); the territory in which it runs; the range of participants; the mechanics and conditions of participation; a description of the prize or benefit and the procedure for receiving it; the method of determining the winner (where random selection is used — with an indication of the RANDOM.ORG service in accordance with sub-clause 5.3.3 of this Regulation); information about the Organiser.

6.2. The Promotion Rules form an integral part of the Public Offer for the duration of the relevant Promotion and are binding on both the Organiser and the participants.

6.3. The Organiser has the right to terminate a Promotion early or to extend it by placing the relevant notice on the Website not later than the date on which the changes take effect, provided that it observes the rights of participants who have already become entitled to a benefit or a prize under the conditions in force before the change.

6.4. The tax consequences of receiving winnings and gifts within the framework of Promotions (including the obligations of a tax agent) are determined by the Organiser in accordance with the Tax Code of the Republic of Kazakhstan in relation to each particular Promotion.

7. Annex No. 1. Form of the Promotion Rules

To be completed separately for each particular Promotion and published on the Website before its start.

1. Name of the Promotion: "___________________"
2. Organiser: Limited Liability Partnership "La Pomme Group", BIN 240940003095, Republic of Kazakhstan, 050040, city of Almaty, Bostandyk district, Al-Farabi avenue, building 41/3-67.
3. Promotion period: from "__" _________ 20__ to "__" _________ 20__ inclusive.
4. Territory in which the Promotion runs: _____________
5. Participants in the Promotion: _____________
6. Conditions and procedure of participation: _____________
7. Description of the prize or benefit: _____________
8. Procedure and time limit for determining the winners: _____________
9. Procedure and time limit for informing the winners and awarding the prize: _____________
10. Statement that participation is free of charge: participation in the Promotion is free of charge and does not require the payment of a fee or any other consideration over and above the cost of the Goods being purchased (where a purchase condition applies).
11. Other conditions: _____________

Language of the document

This document is published in the Kazakh, Russian and English languages. Legal force is vested in the Kazakh and Russian texts, which have equal legal force.

The English text is published for the convenience of foreign customers, has no legal force and shall not apply in the event of any discrepancy with the Kazakh and Russian texts — in such case the Kazakh text shall prevail.

Any discrepancy between the texts shall be eliminated by publishing a corrected edition.