1.- OBJECT OF THE PROMOTION
The entity MAJORICA, S.A., with a corporate address at MANACOR (Mallorca), Calle Argenters s/n, Polígono Industrial Manacor (Balearic Islands), and with Corporate Tax ID number A-07333560 (hereinafter, the ¨Organiser¨), is organising a publicity activity as a “contest” to promote products of the Organiser, raffling off to consumers who comply with the conditions and requirements established in these Bases, the Prizes listed in Clause Three.
2.- DISASSOCIATION WITH RESPECT TO INSTAGRAM
Instagram does not sponsor, endorse or administer this contest in any way, nor is it connected to the same. The user is fully disconnected from Instagram and is aware that they are providing their information to the company MAJORICA S.A. and not Instagram. The information that they provide will be used to manage participation in the contestant, as well as for promotional purposes.
Participation in the contest implies that the participant has an Instagram account and respects the conditions of that network: http://instagram.com/legal/terms/
3.- VALIDITY AND DURATION OF THE PROMOTION
Territorial scope: Europe
The validity period of the contest, during which the activities that grant the right to participate will take place, starts at 12:00 GMT+1 on 1 July 2019 and ends at 23:59 GMT+1 on 31 August 2019, both inclusive.
These legal bases shall valid during the time that they are available on the Majorica Website.
The raffle will determine one (1) winner of one (1) coupon valued at one hundred euros (€100) to purchase on Majorica.com, exclusively (hereinafter, the ¨Prize¨). A total of one (1) Majorica coupon will be distributed. The total number of prizes is one (1) for a single winner.
For the prizes of this contest, all appropriate fiscal provisions will apply in accordance with current Spanish legislation.
The prize cannot be replaced by any product of the brand nor its cash value.
5.- PARTICIPANTS AND MECHANISM OF THE PROMOTION
The contest shall take place on the official account of the brand on Instagram. Any individual may participate who is a resident in Spain and/or any other part of Europe, who is 18 years old or older, on the date of the beginning of the contest, and who carries out the steps listed to participate. Participation is free and without any purchase obligation. In order to win one of the Prizes described in these Legal Bases, the participants shall:
(I) Be followers of the Majorica® brand on Instagram.
(II) Publish a photo on Instagram from their profile on the app, in which the Majorica store in Porto Cristo, Mallorca appears (hereinafter, ¨theme¨).
(III) To identify participation, the publication must mention the hashtag ¨#MajoricaSummer¨ in its description at the time it is published on Instagram.
(IV) Only photographs that comply with the theme of the contest and include the hashtag in the description will enter into the contest.
(V) Photos taken outside of these dates will not be accepted.
(VI) Each participant can participate with however as many photographs as they like within the contest dates and always according to its theme.
(VII) All participations on any other social network will not be valid for this contest.
(VIII) Comply with the remaining conditions established in these Legal Bases.
They can participate however many times they wish so long as they do not repeat the photographs shared.
The organisation reserves the right to verify by any procedure that they deem appropriate that the participants meet all the requirements of these bases.
The contest is open and public without discrimination on the basis of sex or nationality. The organiser advocates equal opportunities and strict respect for the rules of good faith. For this reason, the organiser reserves the right to exclude from the promotion any participants who manifest, through their actions, any abusive, offensive, discriminatory, fraudulent behaviour or that which is contrary to good faith.
People who are linked professionally to the organiser, as well as their spouses and family members up to the first degree of consanguinity/affinity are excluded from the right to participation.
6.- SELECTION OF THE WINNER
The organisers shall carry out the awarding of the prizes on 5 September 2019. They shall take charge of selecting the winning photographs, taking into account the conditions established, the creativity and originality of the photos, as well as other factors.
One (1) winner will be selected as well as two (2) alternates.
It will be manually checked that the winning profiles comply with the requirements of participation demanded in these bases. If not so, alternate one (1) will be checked or number two (2) successively. If none of these meet the requirements, another three random numbers will be selected so that the prize is not voided.
7.- COMMUNICATION OF THE OUTCOME OF THE PROMOTION TO THE PRIZE WINNERS. DELIVERY OF THE PRIZE
The names of the winners shall be communicated to all participants on the official Instagram account of Majorica on Friday, 6 September 2019.
If the privacy settings of each winner allow, they will be informed of their prize and the instructions to receive it, by private message to their Instagram profile depending on the platform in which they have participated and the resulting winner. Otherwise, they will be publicly requested to get in contact with the Organiser. In this case, they must contact the Organiser via private message on Instagram within three (3) calendar days following publication of said communication.
If it is not possible to contact the winners within three (3) calendar days from the first contact attempt, or if they waive the prize, the winner/winners will lose their right to claim the prize. Should the winner/winners not contact the Organiser within that period, it will result in the waiving of their prize, though all the transferable rights inherent to the ownership of the winning title are expressly assigned in perpetuity to the Organiser, without the participant in any case being able to claim rights, compensation or indemnification of any kind from the Organiser.
The winner shall answer the organiser and proceed to accept the prize corresponding to them within seven (7) days following the moment in which they were informed of being a winner. For this purpose, the winning participant must (I) duly fill out the Letter of Acceptance that the Organiser has previously sent to them; (II) include a copy of their national ID, residence card, passport or another valid document for this purpose; and (III) forward all documentation to the address indicated by the Organiser.
The Organiser will send the Prize to the winning participant by messenger to the address indicated by the winner, provided that said address is in Spanish territory, within a period not longer than two (2) months from the publication of the name of the winners. Said delivery shall be carried out without any charge to the winner.
The identity of the winning participant may be verified through official documents (ID, Passport, Driving Licence, etc.). If at the moment of delivering the Prize, the winning participant cannot prove their identity, they will lose their right to obtain the Prize.
Once the Prize has been sent, the Organiser is not responsible for the delay in delivery of the Prize and will not be responsible in any way for the possible loss or deterioration of the same or the malfunction, if any, of the shipping service.
The Prizes subject to this contest are subject to these Bases, and it will not be possible to substitute them with a cash amount. The Prizes cannot be exchanged, altered or compensated at the request of the contest participants. If a participant rejects the Prize, they shall not be offered any alternative Prize. The Prizes shall be personal and non-transferable. It is prohibited to sell or market the Prizes under this contest.
The participants from now on accept the transfer of their image for the commercial promotion of Majorica products in any communication act and medium which includes the result of this contest, without limitation in time or place. This transfer of image is free and is given to the Organiser merely by participating in this raffle.
The contest shall be declared to be voided if the winning person waives the prize or does not collect it upon delivery.
In any case, the organiser reserves the right to abandon the prize due to reasons of force majeure or justified causes, as well as in the event that the winner does not meet the participation requirements established in these Legal Bases.
8.- DATA PROTECTION
For the purposes provided in Organic Law 1/1982, of 5 May, Civil Protection of the Right to Honour, Personal and Family Privacy, and ones' own image, it is established that the acceptance of the prize by the winners implies the express granting of authorisation to MAJORICA, S.A. to be used for advertising purposes and to disseminate their name and surnames, as well as their image and/or photograph, in any public activity or dissemination activity related to this contest, without being entitled to remuneration or obtaining any benefit other than the delivery of the prize. Refusal shall entail the automatic waiving of the prize.
The data provided by the participants will be treated confidentially and included in an automated file for personal data, MAJORICA, S.A. being the owner and controller of said file, with an address in calle Argenters s/n, Polígono Industrial Manacor, MALLORCA, the purpose of which will be the management and promotion of this contest.
MAJORICA, S.A. guarantees full compliance with Organic Law 15/1999, of 13 December, on Personal Data Protection in the processing of personal data collected in this promotion, especially regarding attention to the exercise of the rights of information, access, rectification, opposition and cancellation of personal data of the contestants. If participants wish to exercise any of the aforementioned rights, they may write to the following email address: [email protected]
9.- CANCELLATION, SUSPENSION OR MODIFICATION OF THE PROMOTION
The organizer reserves the right to cancel or suspend the promotion or change any of its conditions, when due to causes beyond its control it could not complete its normal development, as established in the bases, without the participants being entitled to receive any compensation in return.
10.- ACCEPTANCE OF THE BASES OF THE PROMOTION
The simple act of participating in the contest implies the pure and simple acceptance of these bases, which may be consulted on the IT app of the contest itself.
11.- APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
The Bases of the Promotion shall be governed by Spanish law.
For any controversy that may be derived from the promotion, the organiser and the participants submit themselves expressly to the courts and tribunals of Manacor, expressly renouncing any other jurisdiction which may otherwise apply to them.