RULES FOR PRIZE PROMOTION

PURSUANT TO ARTICLES 10 AND 11 OF PRESIDENTIAL DECREE 430/2001

“CAFFÈ BORBONE CLUB”

 

This document (the “Rules”) governs the operation of the prize promotion pursuant to Presidential Decree No. 430/2001 called “CAFFÈ BORBONE CLUB” (the “Program”) and the conditions for participation in the Program.

The Promoter reserves the right to supplement or amend the Program Rules, taking care that any amendments made do not prejudice rights already acquired by participants. Any amendment will be communicated to participants through the website https://www.caffeborbone.com/it/it/ (also simply the “Website”).

 

PROMOTER

Caffè Borbone SrlCaffè Borbone Srl – with registered office at Zona ASI Loc. Pascarola snc., 80023 Caivano (NA) – Tax Code and VAT No. 07097160639 (the “Promoter”)

 

APPOINTED PARTY

Jakala S.p.A. Società Benefit (hereinafter “Jakala”), with registered office in Milan (MI) - 20122 - Corso di Porta Romana No. 15, Tax Code and VAT No. 08462130967 (hereinafter the “Appointed Party”)

 

PERIOD

Participation period from 20/12/2023 to 31/01/2027 (the “Period”), subject to any extensions of the Program, which will be promptly communicated to the Ministry of Enterprises and Made in Italy and indicated in the Program Rules, as updated and available on the Website.

Prizes must be requested by 15/02/2027. Points will be valid for the purpose of awarding prizes and therefore until 31/01/2027, subject to any extensions of the Program. At the end of the Program, the Points will automatically cease to be valid and may no longer be used.

 

PROMOTED PRODUCTS

All Caffè Borbone products available for purchase on the Website (https://www.caffeborbone.com/it/it/)https://www.caffeborbone.com/it/it/

 

ELIGIBLE PARTICIPANTS

Any natural person who is at least 18 years old, holds an account on the Website (https://www.caffeborbone.com/it/it/) and makes purchases through the same Website may participate in the Program (the “Participant”).https://www.caffeborbone.com/it/it/

Employees of the Promoter and the Appointed Party, as well as resellers, may not participate.

 

TERRITORY

The promotion takes place within the territory of Italy and the Republic of San Marino. Participation will be possible by making purchases and carrying out the applicable activities exclusively on the Website (https://www.caffeborbone.com/it/it/).https://www.caffeborbone.com/it/it/

 

ADVERTISING

This prize promotion will be promoted on the Website and communicated through local and national online and, where applicable, offline media.

Advertising will always comply with these Rules, which will be made available to Participants on the Website. Any amendments will be communicated to the Eligible Participants in due time, including by updating these Rules.

 

REGISTRATION FOR THE PROGRAM

Membership of the Program is free and voluntary. To join, Eligible Participants must access the Website and register by entering the required information (first name, surname, telephone number, email address, email confirmation, password and password confirmation). At the time of registration, the user will also be asked, by selecting the relevant checkbox, to provide consent to the privacy notice specifically relating to the Program and to confirm that they have read and accepted these Rules. Once the data registration process has been completed, the user will receive an email asking them to confirm their intention to register both on the Website and for the Program.

If the user registers on the Website but decides not to immediately accept enrolment in the Program, or if the user was already registered on the Website before the Program start date, they may enrol in the Program through a dedicated section within their personal area on the Website. From there, they may provide consent to the privacy notice specifically relating to the Program and confirm that they have read and accepted these Rules, as well as the relevant notice concerning the processing of the Participant’s personal data.

Each user (understood as a natural person) may register for the Program only once and using only one email address.

As specified in detail in the privacy notice available on the Website when enrolling in the Program, the processing of the personal data requested from the Participant is necessary solely for purposes connected with and instrumental to the Program, including, by way of example and without limitation, communicating Program updates, processing information and arranging the possible delivery of prizes.

 

METHODS FOR EARNING POINTS

Eligible Participants will earn points by carrying out specific actions (Annex A - Actions).

Where necessary, Annex A specifies the maximum number of times an action may result in the award of the applicable points. Any subsequent actions performed beyond the stated limit will therefore not result in the accrual of additional points.

To check the number of points accrued, Participants simply need to access their personal area on the Website.

Given the different nature of each action, points may be credited when the action is completed or at a later stage following checks carried out by the Promoter. Points may therefore be displayed provisionally but may not yet be available for prize redemption.

Points may not be converted into cash, sold or transferred between users.

The list of actions that contribute towards reaching the levels may be supplemented during the Program. The Website content will therefore be periodically updated and supplemented by the Promoter in order to reflect the provisions of these Rules.

 

PROMOTIONAL ACTIVITIES AND BONUS POINTS

Without prejudice to the rights of all participants, the Promoter reserves the right to offer all Participants, for limited periods, additional benefits such as, by way of example, the opportunity to earn additional points through “purchase boost” activities, namely point multipliers linked to purchases made during specific periods and/or involving specific products and/or purchases made through the “subscription” option.

The Promoter reserves the right to introduce additional methods for awarding points linked to individual periodic promotional activities, which will be widely communicated to Participants.

Such additions will also be promptly notified to the Ministry of Enterprises and Made in Italy.

By accepting these Rules, the Participant may take part in prize promotions and any additional promotional initiatives connected with the Program without having to accept the Program Rules again.

 

PRIZE REQUESTS

Based on the actions completed, each registered user may accrue points and reach the following point thresholds:

THRESHOLD	POINTS
1	100
2	150
3	250
4	450
5	750

The number of points accrued by the Participant will be periodically updated, net of any points temporarily blocked for the validation of actions, and will depend on the number and type of Actions completed by the Participant from the date of enrolment in the Program.

Points may be revoked if anomalies or irregularities are identified in relation to completed Actions.

Each Participant will therefore be entitled to request the prize available upon reaching the relevant point threshold (Annex B - Prizes).

The prize must be requested by the Participant by accessing the dedicated section of the Website using their login credentials and following the instructions provided on the Program website.

The various types of prizes, which may change during the promotion, may be viewed in the digital prize catalogue.

Any new prizes will in any event be of equal or greater value than the previous prizes. The Promoter will inform Participants, with appropriate advance notice, of any changes to the composition of the prizes, their nature and the conditions of use.

When prizes are issued, the points balance will be updated.

 

DELIVERY OF PRIZES

The Participant is solely responsible for managing their email inbox, particularly with regard to:

• reading the prize redemption email
• adopting security measures to prevent unauthorised persons from accessing their inbox.

Prizes will be delivered to Participants by email to the address provided by the Participant during registration.

Delivery will take place, at no additional cost to Participants, within 180 days of the prize request.

The prizes offered may not be converted into cash or gold tokens. The entitled person may not request, whether or not by adding money, the possibility of selecting or receiving a prize other than the one awarded, including a prize of lower value.

The Promoter declares the integrity and validity of the prize at the time it leaves its IT systems. The Promoter will no longer be responsible for the prize once it has been sent from its IT systems to the entitled person’s email inbox.

The recipient is fully responsible for safeguarding the prize from the time of receipt until it has been fully used. If the selected prize is a digital voucher, it must be used by the expiry date indicated on the voucher itself or in the prize delivery email. Failure to use it by that date will result in forfeiture of the prize and will not entitle the recipient to any other compensation or benefit.

 

PARTICIPATION DETAILS

Participation in this prize promotion is open and free of charge, with the exception of connection costs.

When registering on the Website, the Participant must provide correct and truthful personal data.

The Promoter reserves the right, at any time and at its sole discretion, to request a copy of the Participant’s identity document in order to verify their identity and compliance with the requirements set out in these Rules, with particular reference to the provisions of the preceding paragraph entitled “Eligible Participants”.

The Promoter accepts no responsibility for events not attributable to it, including, by way of example and without limitation, access issues, restrictions, malfunctions or difficulties involving technical equipment, computers, cables, electronics, software and hardware, transmission and connection systems or telephone lines that may prevent Participants from taking part in the Initiative.

The Participant is responsible for ensuring that the contact details provided are correct and active. Otherwise, the prize will not be awarded.

The Promoter accepts no responsibility if the Winner is not notified of the win or if the Prizes cannot be delivered because Participants provided incorrect, untruthful or outdated addresses, contact details and/or other personal data.

The Promoter reserves the right to carry out all checks relating to proper participation in the Program.

Participants who, in the sole judgement of the Promoter or third parties appointed by it, participate using methods or tools considered suspicious, fraudulent or contrary to the normal operation of the Program will be excluded from participation. The Promoter reserves the right to take any action against such participants that it deems appropriate and in accordance with applicable laws.

Enrolment in the Program using untruthful information constitutes a breach of these Rules. Unless expressly stated otherwise, all point accrual rules and promotions are intended to be enjoyed only once by each natural person. The use of multiple profiles to multiply promotional benefits is not permitted.

The Promoter reserves the right to carry out all checks and investigations necessary to verify suspected cases of fraud or abuse in participation in the Program, including breaches of the Rules and abuse or fraud in the accrual and/or use of Points.

During the Program, the Promoter reserves the right to carry out retrospective checks on transactions and to adjust accrued Points, as well as to verify compliance with the rules governing participation in promotions and the rules for awarding Points.

The Promoter may adopt additional measures to combat fraudulent or otherwise abusive conduct, in order to protect consumers and ensure the proper operation of the Program.

 

TERMINATION OF PARTICIPATION

Participants may terminate their participation in the Program at any time by following the instructions provided on the Website, namely through the dedicated function available within the personal area of their account on the Website https://www.caffeborbone.com/it/it/.https://www.caffeborbone.com/it/it/

The Promoter may exclude a Participant from the Program with immediate effect for just cause, by providing written notice to the Participant. Just cause includes, by way of example and without limitation, breaches of the Program Rules and breaches of applicable laws.

Any termination of participation in the Program will result in the loss of the Points accrued by the relevant Participants, and those Points may no longer be redeemed in order to receive prizes.

 

PRIZE POOL

The estimated total prize pool to be distributed is €200,000, subject to adjustment at the end of the promotion.

GUARANTEES AND COMPLIANCE

This prize promotion is conducted in compliance with Presidential Decree No. 430 of 26 October 2001.

Participation in this prize promotion entails the Participant’s full and unconditional acceptance of the rules and clauses contained in these Rules, without limitation.

The Promoter may amend the methods of implementation of this prize promotion pursuant to and within the terms of Article 10, paragraph 4, of Presidential Decree No. 430/2001, by providing prior notice to Participants in the same form as the original promise or in an equivalent form.

The server collecting all data relating to the operation of the prize promotion is located within the territory of the Italian State.

The Promoter declares that VAT on prize purchase invoices will be treated as non-deductible or, where this is not possible, that the 20% Substitute Tax will be paid.

 

RETENTION OF THE RULES

These Rules, drawn up and self-certified pursuant to Article 10, paragraph 3, of Presidential Decree 430/2001, are retained at the registered office of the Appointed Party, where they will be kept for the entire duration of the promotion and for the twelve months following its conclusion.

 

PROCESSING OF PERSONAL DATA

The personal data of Participants in the Program will be processed by Caffè Borbone Srl (the “Promoter”) in its capacity as Data Controller, mainly using automated and non-automated IT tools, in accordance with the principles of lawfulness and fairness and for purposes strictly necessary for participation in and the proper operation of the Program throughout all its stages, including administrative stages. Appropriate security measures will be observed to prevent data loss, unlawful or improper use and unauthorised access. Participants’ personal data are processed for specific purposes and only where there is a specific legal basis provided for under the applicable privacy and personal data protection legislation. More specifically, the legal basis for the processing activities covered by this Program is:

1. pursuant to Article 6(1)(a), the Participant’s consent to the use of their data for sending commercial communications, including personalised communications;
2. pursuant to Article 6(1)(b), the necessity of the processing for the performance of a contract to which the data subject is a party (the loyalty program);
3. pursuant to Article 6(1)(c), compliance with a legal obligation, including obligations relating to prize promotions, to which the Data Controller is subject;
4. pursuant to Article 6(1)(f), the legitimate interest of the Data Controller in improving the products sold and the services offered.

 

The following personal data of the Participant will therefore be collected:

• Identification data (Name, Date of birth, Place of birth, Employee number, Username, etc.)
• Contact data (Telephone number, email address, etc.)
• Identity documents (Identity card number, Passport number, Driving licence number, etc.). The provision of such personal data is necessary in order to participate in the Program. Therefore, refusal by the data subject to provide such data will make it impossible for them to participate in the Program. By joining the Program, the Participant therefore authorises the Promoter to process the above personal data for purposes connected with the operation of the Program and, optionally, for the sending of commercial and promotional communications, including personalised communications.

The following parties may access Participants’ personal data for the purposes referred to above:

• employees and collaborators of the Promoter;
• the notary public or an official of the competent Chamber of Commerce, acting as independent data controllers.

In the event of a win, Participants’ personal data may be disclosed to the Ministry of Enterprises and Made in Italy and to the Rome Chamber of Commerce, which will process them as independent controllers of their respective processing activities.

Jakala S.p.A. is also involved in the processing of Participants’ personal data, acting as the strategic partner responsible for implementing the Program and as the supplier of the prize Gift Cards. For this purpose, the supplier has already been appointed as Data Processor in advance pursuant to Article 28 of the GDPR.

Once the Program has ended, taking into account the administrative time required to manage its closure, the personal data of Program Participants will be deleted, unless a longer retention period is necessary for the establishment, exercise or defence of legal claims.

An exception applies to the retention of documentation proving the award and delivery of prizes to Winners, which will be kept for the period required by law.

The data subject may exercise all rights under Articles 15 et seq. of EU Regulation No. 679/2016, including the rights of access, rectification, portability, updating, objection, restriction of processing and erasure, by sending an email to: privacy@caffeborbone.it | dpo@caffeborbone.it.privacy@caffeborbone.itdpo@caffeborbone.it

In any event, the data subject may always lodge a complaint concerning the processing in question with a supervisory authority, such as the Italian Data Protection Authority.

 

ANNEX A – ACTIONS

Actions may be of various types: engagement actions, purchase actions, product review actions and social network activities.

The tables below set out the validity periods for each action during the period from 20/12/2023 to 31/01/2027 and the points obtainable by completing them.

Engagement actions	No. of actions	Points per action	Total points	Start	End
Registration	1	10	10	20/12/2023	31/01/2027
Birthday	1	5	5	20/12/2023	31/01/2027
Welcome questionnaire	1	10	10	20/12/2023	31/01/2027
Profiling questionnaire	11	5	55	20/12/2023	31/01/2027
Refer a Friend	7	2	14	20/12/2023	31/01/2027

 

Purchase actions on the Website	Points per action	Additional points on the 1st purchase only	Start	End
One-off purchase	1 point for every euro spent	5	20/12/2023	31/01/2027
Subscription purchase	1 point for every euro spent	30 for the coffee-only subscription plan 60 for the coffee machine and coffee pod subscription plan	08/01/2025	31/01/2027

 

Other Actions	No. of actions	Points per action	Total points	Start	End
Product review	6	1	6	20/12/2023	31/01/2027
Follow Caffè Borbone on social media	3	1	3	20/12/2023	31/01/2027

The table will be promptly updated with the actions that may be completed during the following months until the end of the participation period scheduled for 31/01/2027.

Details of the applicable Actions

• Registration: Completing registration will entitle the Participant to 10 one-off points, which will therefore be credited only once per Participant.
• Birthday: Completing the birthday field will entitle the Participant to 5 one-off points, which will therefore be credited only once per Participant.
• Welcome questionnaire: Answering all the questions provided will entitle the Participant to 10 one-off points, which will therefore be credited only once per Participant.
• Profiling questionnaire: Completing the questionnaire with all the required information will entitle the Participant to 5 points, which will be credited as many times as the Participant completes a questionnaire, up to a maximum of 11 questionnaires. By completing this Action, the Participant may therefore obtain up to a maximum of 55 points.
• Refer a Friend: For each invited friend who registers for the Program and places their first purchase order on the Website, the Participant will receive 2 points. These points will be credited as many times as invited friends complete the required action, up to a maximum of 7 friends. By completing this Action, the Participant may therefore obtain up to a maximum of 14 points. The 2 bonus points will also be credited to the registered invited friend.
• One-off purchase on the Website: Only purchases made during the Program Period on the e-commerce Website https://www.caffeborbone.com/it/it/ will be valid. For each purchase made, points will be credited according to the following ratio: 1 point for every euro spent, rounded down based on the total order value. In addition, the Participant will receive a further 5 points only for their first completed purchase. The following will be excluded from the calculation: shipping costs relating to the orders placed and any amounts paid for cash-on-delivery payment requests.https://www.caffeborbone.com/it/it/
• Subscription purchase on the Website: For the purpose of awarding points, recurring purchases made on the Website through the “Subscription” service subscribed to by the user on the e-commerce Website https://www.caffeborbone.com/it/it/subscribe will also be valid. For each purchase made, points will be credited according to the following ratio: 1 point for every euro of expenditure under the subscription plan, rounded down based on the total order value. In addition, only for the first “Subscription” purchase, the Participant will receive a further 30 points if the subscribed plan is a coffee-only subscription, or a further 60 points if the subscribed plan is a coffee machine and coffee pod subscription. These points will be awarded only for the first subscription taken out by the Participant. Any additional subscriptions taken out by the Participant will not be rewarded. The following will also be excluded from the calculation: shipping costs relating to the orders placed and any amounts paid for cash-on-delivery payment requests.https://www.caffeborbone.com/it/it/subscribe
• Product review: Reviewing a product, by assigning a rating and submitting a written comment, will entitle the Participant to 1 point. The point will be credited as many times as the Participant submits a review, up to a maximum of 6 reviews. By completing this Action, the Participant may therefore obtain up to a maximum of 6 points.
• Follow Caffè Borbone on social media: For each Caffè Borbone social media profile followed, the Participant will receive 1 point. The Participant must upload a self-declaration confirming the social media profile followed. One point will be credited for each page followed, up to a maximum of 3 pages. By completing this Action, the Participant may therefore obtain up to a maximum of 3 points.

The Promoter reserves the right to retain, for the following year’s Program, the points accrued by Participants through completion of the following actions: Registration, Welcome questionnaire, Profiling questionnaire and Follow Caffè Borbone on social media.

 

ANNEX B – PRIZES

THRESHOLD	POINTS	PRIZE DESCRIPTION
1	100	Discount voucher worth €2.50, to be used for purchases on the Website https://www.caffeborbone.com/it/it against a minimum spend of €40.https://www.caffeborbone.com/it/it
2	150	Gift Card worth €5 Discount voucher worth €5, to be used for purchases on the Website https://www.caffeborbone.com/it/it against a minimum spend of €50 https://www.caffeborbone.com/it/it
3	250	Gift Card worth €10 Discount voucher worth €10, to be used for purchases on the Website https://www.caffeborbone.com/it/it against a minimum spend of €75 https://www.caffeborbone.com/it/it
4	450	Gift Card worth €25 Discount voucher worth €25, to be used for purchases on the Website https://www.caffeborbone.com/it/it against a minimum spend of €100 https://www.caffeborbone.com/it/it
5	750	Gift Card worth €50 Discount voucher worth €50, to be used for purchases on the Website https://www.caffeborbone.com/it/it against a minimum spend of €150 https://www.caffeborbone.com/it/it

 

The Terms & Conditions relating to the use of discount vouchers are set out below:

• the discount vouchers included as prizes for the point bands indicated above may be used exclusively for purchases on the Website https://www.caffeborbone.com/it/it.https://www.caffeborbone.com/it/it
• discount vouchers may not be combined with one another, meaning that only one discount voucher may be used per purchase, and may not be combined with other promotions active on the Website https://www.caffeborbone.com.https://www.caffeborbone.com
• discount vouchers may be used only for one-off purchases and therefore may not be applied to subscription purchases.
• discount vouchers are valid on all products available for purchase on the Website https://www.caffeborbone.com/it/ithttps://www.caffeborbone.com/it/it