Terms and Conditions
1. GENERAL PROVISIONS
1.1. The organizer of the promotion under the conventional name __Subscription to Hot Deals from UIA is Ukraine International Airlines private stock company, USREOU (National State Registry of Ukrainian Enterprises and Organizations) code 14348681, located at: Ukraine, 02121 Kyiv, 201–203 Kharkivske Shose St. (hereinafter referred to as the Organizer).
2. DEFINITION OF TERMS USED THROUGHOUT THE TEXT OF THE RULES
2.1. The promotion under the conventional name __Subscription to Hot Deals from UIA (hereinafter referred to as the Promotion) is a promotional event, implemented within and in accordance with the terms and conditions of the present Rules, and provides for the activity of the Promotion participants, deciding on winners of the Promotion, and distribution of the Promotion rewards to such winners. The Promotion is held in order to create and maintain awareness of the Organizer’s services (products), as well as attract new customers of the Organizer’s services (products).
2.3. A Promotion Participant is an individual that complies with the requirements of Section 4 of the present Rules and has duly fulfilled all the requirements of the Rules.
2.4. The Promotion Winner is the Promotion Participant that has fulfilled all the requirements of the Promotion and has become the Promotion Winner in accordance with the terms and conditions set forth in Section 7 of the Rules.
3. GENERAL CONDITIONS OF THE PROMOTION
3.1. The Promotion is held during the following period and in the following order (hereinafter referred to as the Promotion Period):
3.1.1. From May 22, 2019 (00:00:01 a.m. Kyiv time) to June 05, 2019, inclusive (23:59:59 p.m. Kyiv time).
3.2. Winner of the Promotion is determined during the Promotion Period: June 06, 2019
3.2. The Promotion is not gambling, lottery, a gambling service, or competition; the present Rules are not a public promise of a reward.
4. GENERAL REQUIREMENTS FOR PROMOTION PARTICIPANTS
4.1. Promotion Participants may be legally capable persons only who have reached the age of 18 (are of the full legal age) and who have fulfilled the terms and conditions for participation in the Promotion specified in the Rules.
4.2. The following persons shall not and will not be recognized as Promotion Participants, regardless of their compliance with the terms and conditions of the present Rules:
4.2.1. The Organizer’s employees and their close relatives (husband/wife, children, brothers/sisters, parents, grandparents, etc.).
4.2.2. Minors, partially incapacitated, and legally incapable persons.
4.3. While participating in the Promotion, Participants therein undertake to do the following:
4.3.1. To comply with the requirements of the present Rules and current statutory provisions of Ukraine.
4.3.2. To indicate full, correct, and reliable personal data (first name, last name mobile phone number, and personal email address).
4.3.3. Not to take actions that cast doubt on the eligibility of the participation of such Promotion Participant.
4.4. By participating in the Promotion, the Promotion Participants agree and confirm that they have read, understood, and fully agree with the present Rules.
4.5. In accordance with Article 634 of the Civil Code of Ukraine regarding the adhesion contracts, namely the possibility of entering into such a contract only if one party adheres to the proposed contract, by participating in the Promotion, all the Promotion Participants testify and confirm that they have read, understood, and fully agree with the present Rules, as well as undertake to be bound by them.
4.6. By participating in the Promotion, each Participant thereby confirms his/her full and unconditional consent for the free use of the information provided by him/her, in particular, for the free use of the first name, last name, and image of the Participant, interviews or other materials about him/her for an advertising/marketing purposes, including, but not limited to, the right to publish (among other things, his/her name and image) in the media, any printed, audio, and video materials, media interviews, online, without any restrictions on the territory, time, and means of use, and such use shall in no way be reimbursed to the Promotion Participant. Giving such consent shall be considered within the meaning of Articles 296, 307, and 308 of the Civil Code of Ukraine. By participating in the Promotion and subscribing, a Promotion Participant gives his/her consent to receive the UIA information (marketing) newsletters with relevant offers of airline tickets and other services, including e-News, joint promo events of UIA and partners, as well as information about membership in the loyalty programs of Panorama Club, as well as gives his/her consent to the processing of personal data, provided by him/her, for the purpose of receiving such newsletters and personal offers in accordance with the UIA Privacy Policy.
4.7. As soon as the respective Participant accepts the terms and conditions of the present Rules by taking actions that indicate his/her participation in the Promotion, he/she shall be deemed to have given his/her consent to the terms and conditions of the present Rules and to the processing of his/her personal data.
4.8. A Promotion Participant who does not agree to the terms and conditions of these Rules and/or has withdrawn his/her consent to the processing of his/her personal data or has canceled the UIA subscription, shall forfeit the right to further participation in the Promotion.
4.9. Should a Promotion Participant provide false/incorrect data for participation in the Promotion, among other things, on the means of communication with such Promotion Participant, the Organizer shall be released from the obligation to present to the Participant the relevant Promotion Rewards, and such Promotion Participant shall forfeit the right to receive the Rewards.
4.10. Should a Promotion Participant violate his/her obligations specified in the present Rules that resulted in the losses incurred by the Organizer and documented, the Promotion Participant undertakes to compensate such losses in full.
4.11. A Promotion Participant that does not fulfill or improperly fulfills the terms and conditions of the present Rules, shall forfeit the right to further participation in the Promotion.
4.12. The Organizer reserves the right to introduce additional restrictions at any time that prevent fraud in the Promotion. In case any attempt of unfair behavior of the Participant is detected, he/she may be suspended from participation in the Promotion. The Organizer shall independently assess the good faith of participation in the Promotion on the basis of its capabilities and taking into account the provisions of the current statutory provisions of Ukraine and the present Rules.
5. THE PROMOTION REWARD FUND
5.1. The Promotion Reward Fund consists of the following:
5.1.1. a promocode for 100% discount from the tickets fare for a roundtrip airline ticket(s) for two persons on any of UIA-operated flight (PS 001 – 999) from 06.06.2019 to 31.12.2019, if the relevant free seats are available in the economy class cabin (hereinafter referred to as the Promotion Reward) and the Winner of Promotion pays the airport charge for the tickets.
The airport charge amount is calculated at the time the charge is paid by the Winner of the Promotion in accordance with the route chosen by the Winner and may range from USD 40 to 800.
5.2. The Organizer reserves the right to change the Reward Fund with prior notification of the Promotion Participants in accordance with paragraph 8.2 of the Rules.
5.3. The Promotion Reward Fund is made up of the Organizer’s own funds and is used exclusively for presenting the Promotion Reward to Promotion Winner.
5.4. The Promotion Reward shall be taxed in accordance with the current statutory provisions of Ukraine.
5.5. The Organizer undertakes to charge and pay taxes in connection with the delivery of the Rewards and shall be liable for failure to fulfill this obligation.
5.6. The liability of the Promotion Organizer is limited to the total amount of the Promotion Reward Fund.
6. PROCEDURE FOR PARTICIPATION IN THE PROMOTION
6.1. To participate in the Promotion during the Promotion Period, the Promotion Participant shall fulfill condition:
6.1.1. From May 22, 2019 to June 05, 2019 (23:59:59 p.m. Kyiv time), the Participant must signed up for the UIA newsletter.
6.2. The Organizer of the Promotion reserves the right to cancel any participation in the Promotion if there is a suspicion that the Promotion Participant the uses the methods of participation in the Promotion that directly or indirectly contradict these Rules, in particular, uses a dubious email address (so-called bots, non-operating email addresses of a social media user), etc.
7. DETERMINATION OF PROMOTION WINNERS AND CONDITIONS/PROCEDURE FOR RECEIVING REWARDS
7.1. The Promotion Winner that qualifies for Reward of the Promotion shall be determined among the Promotion Participants that duly fulfilled the conditions for participation in the Promotion, including those specified in subparagraph 6.1.1 of the Rules, General Promotion Conditions set out in the Rules in their entirety, using the random.org computer program by random selection of 1 (one) Promotion Participant among all Promotion Participants. The Promotion Participant selected by random.org computer program shall be considered the Promotion Winner and shall acquire the right to receive Reward of the Promotion.
7.2. While determining the Promotion Winner entitled to Phase One Reward, the Organizer shall determine 5 (five) reserve winners of the Promotion from the list, which will be automatically generated by the random.org computer program. Such reserve winners shall acquire, in order of precedence, the right to receive Reward of the Promotion in case it is impossible to deliver such Reward to the Promotion Winner, who has acquired the right to it and/or lost the acquired right to get it on the grounds provided for by these Rules.
7.3. The Promotion Winners, entitled to Reward of the Promotion, will be determined and announced on June 06, 2019.
7.4. Within 10 (ten) working days from the date of determination of the Promotion Winner, the Promotion Organizer shall notify such Winners that they have been determined the Promotion Winners by sending an email to their personal email addresses, which were indicated in the subscription and participated in the Promotion. The email notification shall provide detailed information on receiving the relevant Reward (contact details of the representative of the Organizer that will deliver the relevant Rewards).
The time of sending of the email notification by the Organizer to the Winner’s personal email address shall be deemed to be the time of receipt of the notification by the Promotion Winner.
7.5. Within 7 (seven) calendar days from the receipt of the notification from the Organizer specified in paragraph 7.4 of the Rules, the Promotion Winner shall provide feedback, among other things, shall send the Organizer his/her personal data in electronic form, which will be used for the subsequent delivery of the appropriate Reward. Such personal data include:
7.5.1. A copy of the passport (for citizens of Ukraine—all pages with records).
7.5.2. A copy of the foreign passport.
7.5.3. A copy of the individual card (ID number) for the taxpayer citizens of Ukraine only, and a copy of a passport page with the appropriate mark of the authorized body for those who refused the ID number.
7.5.4. The detailed mailing address of the actual location.
The Winner of the Promotion shall be liable for the authenticity of the information provided by them regarding their identity and the identity of the person invited by the Winner to make use of the Reward.
In this case, the Promotion Winner and the person invited by the Winner (all passengers to be included in the reservation) undertake to read and accept the terms of the Contract of Carriage, the Rules of Air Carriage of Passengers and Baggage, the Privacy Policy, as well as to confirm their consent to the processing of their personal data for the performance of the Contract of Carriage and the provision of additional services related to carriage (such as meals, all kinds of baggage, selecting a seat, upgrade of comfort level, the carriage of unaccompanied minors).
7.6. The information and documents specified in paragraph 7.5 of the Rules are provided, among other things, for the purpose of charging and transferring by the Organizer to the corresponding budgets of taxes provided for by the tax legislation of Ukraine.
7.7. A Promotion Participant who has acquired the right to receive the appropriate Reward but failed to fulfill the conditions for receiving the Reward specified in paragraph 7.5 of the Rules, shall forfeit the right to receive such Reward.
7.8. At the time of delivery of the Reward, the Organizer is entitled to request copies of documents from the Winner confirming the personal data of the Winner specified in paragraph 7.5 of the Rules, and personal data of the person who will be invited by the respective Promotion Winner.
7.9. The Promotion Participant shall forfeit the acquired right to receive the Reward without any compensation, including cash, in the following cases, regardless of the time when the specified circumstances have become known:
7.9.1. If the Promotion Participant is recognized to be a violator before the Reward is delivered to him/her.
7.9.2. If the Promotion Participant declares, orally or in writing by means of electronic communication, his/her refusal to receive the Reward.
7.9.3. In case it is revealed that the Promotion Participant provided the details of a passport belonging to another person.
7.9.4. In case it is impossible to identify the Participant.
7.10. No monetary and/or any other indemnity of the Promotion Reward shall be provided.
7.11. The Promotion Winner shall bear all expenses, incurred in connection with the receipt and realization of the Reward he/she is entitled to, on his/her own.
7.12. From the time the Promotion Reward is delivered, the Promotion Winner shall take all measures related to the implementation and use of the Promotion Reward he/she is entitled to.
7.13. Should the Promotion Winner fail to provide the feedback to the Organizer upon the expiration of the term, within which he/she is obliged to (paragraph 7.5 of the Rules), the Promotion Winner shall forfeit the right to receive the Reward, and the next Promotion Participant shall be recognized the Promotion Winner in the manner prescribed by paragraphs 7.1 and 7.2 of the Rules.
7.14. The Promotion Winner shall invite, at his/her own discretion, the second person to take advantage of the appropriate Reward. The Promotion Winner undertakes to provide information about the second person, invited by him/her to implement the relevant Reward, in the terms and manner specified in paragraph 7.5 of the Rules. Herewith, the Promotion Winner is not entitled to subsequently change the information specified by him/her as personal data of the person invited by the Promotion Winner. Should the person invited by the Promotion Winner be unable to use the Reward together with the Promotion Winner, the Promotion Winner shall use the appropriate Reward individually.
7.15. The Promotion Winner is not entitled to sell, transfer, or exchange the appropriate Reward.
7.16. Other Promotion Participants who did not qualify for Promotion Rewards shall be denied the right to receive any other rewards and compensation.
7.17. The final result of the determination of the Promotion Winner shall be recorded by the representatives of the Organizer in a Protocol. The result of the determination, recorded by the Organizer in the Protocol, is final and not subject to appeal.
7.18. The Promotion Winner is entitled to receive the Reward through his/her representative provided that he/she provides such a representative with a notarized power of attorney.
8. FINAL PROVISIONS OF THE PROMOTION
8.1. You can get all the information about the Promotion on the Community Pages and on the UIA website www.flyuia.com.
8.2. The Rules, terms and conditions, as well as the period of the Promotion, may be changed and/or expanded by the Organizer during the entire Promotion Period. Such changes and addenda shall come into force upon their publication on the Community Pages and on the UIA website www.flyuia.com and are relevant to all the Participants of the Promotion.
8.3. The Organizer of the Promotion shall not be liable for:
8.3.1. Failure to bring the Rules of the Promotion to the attention of the Participants.
8.3.2. Failure to perform, an improper or delayed performance by the Participants or respective Promotion Winner of their obligations provided for in these Rules for any reason and/or due to the occurrence of a circumstance of insuperable force (force majeure).
8.3.3. Failure to receive the appropriate Promotion Reward by the Promotion Winner not due to the fault of the Organizer of the Promotion.
8.3.4. Inability to exercise the right to receive the Promotion Reward.
8.3.5. Inability to take advantage of the Promotion Reward.
8.3.6. The consequences of the use of the Promotion Reward.
8.4. By participating in the Promotion, the Participant/Promotion Winner, in particular, confirms his/her consent to the following:
8.4.1. The Promotion Organizer is entitled to change the Rules of the Promotion at any time and at its sole discretion, which will be announced on the Community Pages and on the UIA website www.flyuia.com.
8.4.2. Information about the receipt of the Reward, as well as the Winner’s name, may be published on the Community Pages and on the UIA website www.flyuia.com without any remuneration.
8.4.3. The Promotion Organizer is entitled to use the personal data received during the Promotion to inform the Participants of the Promotion about the Organizer’s upcoming activities. The Promotion Participant is entitled to at any time opt out of receiving information about the Organizer’s upcoming activities by sending the appropriate written notification to the Organizer.
8.5. The Organizer reserves the right not to enter into written negotiations or other contacts with the Participants/Promotion Winner, except as provided for by these Rules.
8.6. If, for any reason, any aspect of this Promotion cannot be conducted as planned, including by reason of infection by computer viruses, Internet faults, defects, manipulation, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Organizer, which distorts or interferes in the performance, security, fairness, integrity, or proper holding of the Promotion, the Organizer is entitled to cancel, terminate, modify, or suspend the Promotion at its sole discretion.
8.7. All matters related to the Promotion shall be regulated by the current statutory provisions of Ukraine. Herewith, in a situation that allows ambiguous interpretation of these Rules, and in case of disputed issues not settled by the Rules, the final decision shall be taken by the Organizer. The Organizer’s decision on all matters related to the Promotion is final and not subject to revision. Results of the Promotion are not subject to revision.
8.8. The Organizer is entitled to invite third parties to comply with these Rules fully or partially.
8.9. The Organizer shall not be liable for the communication services, including email and social media, for any technical/technological/information errors, crashes, errors of employees of any companies/institutions/organizations that ensure the exchange of information between the Participants/Winner and the Organizer, as a result of which the email notifications failed to arrive, arrived late, were lost or damaged, etc.
8.10. The cost of using the Internet by the Promotion Participant/Winner shall be paid by such persons at their own expense and corresponds to the standard cost of the service according to the tariff plan of the provider of the given service. All Promotion Participants / Promotion Winner shall pay on their own any expenses incurred in connection with their participation in the Promotion (including, without limitation, costs associated with the use of the Internet for obtaining any information about the Promotion).