Terms and Conditions for MAS & WIN APP

Terms and Conditions

Last updated: March 06, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application OR “App” means the software program provided by the Company (cc S.Y.K. ANEMOS YPERAGORES LTD or MAS SUPERMARKETS – hereinafter the “Company” or “We” or “Our” or “Us”) downloaded by You on any electronic device, including smartphone, tablet or pc, named MAS & WIN APP.
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Account means a unique personal account created for You to access our Service or parts of our Service.
  • Country refers to: The Republic of Cyprus.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to S.Y.K. ANEMOS YPERAGORES LTD trading under the name “MAS SUPERMARKETS”, with registered office address at, 13A Ermou Str, Industrial Area Idaliou Nicosia, 2548.
  • Device means any device that can access the Service such as a computer, a cellphone, smartphone, or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Promotions refer to contests, giveaway competitions, regular giveaways, sweepstakes or other promotions offered through the Service.
  • Service refers to the Application and any part thereof.
  • Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included or made available by the Service.
  • You means the person or individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

This Service is the sole property of the Company and all intellectual property rights are vested to the Company. The Giveaways, sweepstakes and competitions featured or available through the Service are the sole property and responsibility of the company and Apple Inc. (Apple Appstore) or Google Inc. (google Play Store) store, do not have any liability, responsibility, or exposure as it concerns such competitions, giveaways or sweepstakes and have no involvement whatsoever in them.

TERMS AND CONDITIONS OF THE GIVEAWAY COMPETITIONS

Right to Participate in a Giveaway Competition

o The right to participate in the Giveaway Competitions (the “competition(s)”) are vested only to persons or individuals who, have an account, are permanent residents of the Republic of Cyprus as defined by the Law on Foreigners and Immigration and are over 18 years of age (hereinafter the “Participants“). It is understood that the Participant is the absolute holder and user of the account (account) in the relevant Website, Social Media platform or the App with which he participated in the Competition, based on the participation instructions that will be mentioned in the relevant posts for each Competition, from the beginning to the end of each Competition.

  • A necessary condition for the valid participation in the respective Competition is the purchase of any Supermarket products from any stores, shops or warehouse of the Mas Supermarkets franchise all around the Republic of Cyprus, during the period of 30 days prior to the date of each Competition.
  • The Competition is organized exclusively by the Company and it is in no way sponsored, endorsed, administered by or associated with Facebook and/or Instagram, Apple Inc. or goggle Inc.
  • Participation in the respective Competitions means automatic acceptance of these Terms.
  • The duration of each Competition will be different each time and will be announced each time in the relevant post.
  • The information that will be provided in the framework of the Competition will be used only for the purpose of the specific Competition and only by the Company or its affiliated companies, unless consent is given for the use of the Participant’s data for promotional purposes by the Company or affiliates.
  • The age identification of the Participants will be done by submitting proof of the identity of the winners, when they will be presented for the receipt of the prizes. The Company reserves the right to ask each winner to sign a relevant statement of acceptance of the prize upon receipt of the products.

Exclusion of Participants

Those who fall into the following categories are excluded from the Competition:

(a) the employees of the Company, the employees of any Mas Supermarket store, the Officers, contractors and representatives of the Company at any given time.

(b) persons of first-degree kinship with the above employees as well as the spouses of these employees, and

  1. c) those who use a pseudonym when using the social networking platform or the service or refuse to provide the information request and because of such action, it is not possible to verify their

Competition Duration

The duration of each Competition will be defined by the relevant post.

How to Nominate Competition Winners – Prizes

In each Competition, the number of winners determined in the relevant post for the respective Competition will be selected by a random electronic draw and those randomly chosen winner(s) will win the prize specified in the relevant post for the respective Competition (hereinafter the “Prize”). At the same time, up to two runners-up will be drawn. The draw will take place within one week after the end of each Competition.

The winners will only be selected from the ‘valid entries’ submitted during the Competition. “Valid entries” according to the above means any participation in the Competition for which the following conditions apply cumulatively:

(a) has been submitted in accordance with the procedure described above;

(b) does not, in the Company’s judgment, result from any illegal technical manipulation or generally fraudulent or unlawful interference by the Participant or a third party, and

(c) has been submitted and posted on the Website, within the time period prescribed by the relevant Competition post covering generally the period from the Start date of the Competition until the End date of the Competition.

Prizes are specific, personal, and not exchangeable or redeemable for cash or any other product.

Procedure to Award and Receive delivery of the Prizes.

In each Competition, the Prize that the winners will win, will be announced in the relevant post for the respective Competition and the winners must contact the Company within 7 days from the date of announcing their names on the Websites for the purpose of making arrangements for receiving delivery of the prizes.

The receipt of the Prize will be made in accordance with the relevant instructions given by the Company or in any other way agreed with the specific winner. The exact day and time will be determined after the Company communicates with the winner.

The details of the Winners of the Competition will be announced on the Facebook network and/or the Instagram network, as the case may be.

In the event that it is not possible to contact any of the winners within ten (10) calendar days from the day of their announcement for any reason (including force majeure) or the winner does not receive delivery of his prize as agreed with Company or in the event that for any reason the winner does not accept any of these terms or is excluded under the terms, this person permanently loses his right to the prize. The place of this winner will be replaced by the first runner-up, and so on.

Personal Data

In order to conduct Competitions through the Service, the collection of personal data is not required beyond those submitted by the Participant or given by the winner during the Competition. The Company’s Privacy Policy is attached and displayed within the App and can bee accessed at any time from this link …………………………

The participation in the Competition implies the explicit and unconditional consent of the Participant for the collection and recording of his personal data by the Company in an electronic database throughout each Competition covering all entries sent by the Participants for the purpose of announcing the winners and of delivering their Prizes. The Company may use this information in the future in accordance with the Company’s Privacy Policy.

The Company may, upon delivery of the Prizes, request further information from the winner for identification purposes.

By accepting the Prize, the winner gives his consent to the Company to publish his name and city of residence collected from the Competition, in any media and/or social media network. This right is not limited to the use of the Winners’ names but may include the use of a photograph taken of the winner and the prize for use via television, printed, electronic or web-based media. Refusal of a winner to include his name and photograph gives the Company the right to refuse delivery of the Prize.

Terms and Conditions of each Competition

The specific terms and conditions of each Competition will be specified in the relevant post for the start of each Competition.

The Company reserves the right to cancel the Competition or modify its terms (including the duration of the Competition, the date of the draw and replace the Prize), by informing about it through the Facebook Website and the Instagram Website, depending on the case. The Company does not assume any responsibility or liability in the event of revocation or termination of the Competition or in respect of the modification of any of the Competition’s terms and conditions or the replacement of the Prize.

Promotions

Any Promotions, Giveaways or Competitions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks, trade-names and logos, may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount of 100 Euros.

To the maximum extent permitted by applicable law, in no event shall the Company or its affiliates, suppliers, officers and servants, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any of its affiliates, suppliers, officers and servants has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

The Company will not be liable in the event that for any technical reason it is impossible to obtain and register a participation in the Websites as both Facebook and Instagram are independent networks and platforms operated by Facebook. The Company has no other responsibility or liability for compensation from the Competition other than the delivery of the Prize(s) to the chosen winners, provided they meet the relevant eligibility conditions. In any case, the liability of the Company shall be limited to acts or omissions due to malice or gross negligence and in no case will it extend to accidental or force majeure events.

Some Countries and jurisdictions, do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: