Terms and conditions for participation in the promotion “Pelouse Map”
1.- Organizing company
The company Repsol, S.A. (hereinafter “REPSOL”) with CIF No. A-78374725 and registered offices located at Méndez Álvaro, 44, 28045 Madrid, intends to carry out a promotion aimed at adult followers of Box Repsol’s Twitter and Instagram social media channels as well as boxrepsol.com (hereinafter, “Participants”), which will be developed in accordance with these rules (hereinafter “Rules”). The above mentioned promotion action shall be called “Pelouse Map” (“Promotion”).
The purpose is to incentivise visits to www.boxrepsol.com and publicise on social media the 50th anniversary of Repsol in motor sport and the 25th anniversary of Repsol Honda.
3.- Promotional period
The Promotion shall take place worldwide from August 12th, 2019 at 14:30 p.m., the moment at which the Promotion will be announced on social media, to November 5th, 2019 at 12 p.m., both dates included, peninsular time in Spain, (hereinafter the “Promotional Period”).
The Promotion is free and therefore no additional payment is necessary to participate and win the contest’s prize, without prejudice to the expenses, fees, and/or taxes corresponding to the winner in accordance with these terms and conditions.
5.- Eligibility rules and how to participate
The Promotion is open to participation of all persons over 16 years of age who duly follow the steps laid out in these Rules and adhere to Repsol’s norm on Moderation on those social media networks where one is included.
Participants must have an active profile built with real personal information and have accepted the legal and safety conditions of the social media networks.
There are two ways for Participants to take part and appear on the Pelouse Map:
- 1. Participation on Twitter and Instagram: Users must post a text, image, or video wishing Repsol a happy 50th anniversary with the hashtag #Happy50Repsol. The account used must be public in order for the participation to be considered valid. The photo, video, or text must display from which city the message is being sent; this will be the city where they will displayed on the map.
- 2. Participation on boxrepsol.com: Users must post a text, image, or video wishing Repsol a happy anniversary. For videos, Participants must accept that these will be published as hidden on Box Repsol’s YouTube channel for them to be seen on the map. These videos will not appear as public on Box Repsol’s YouTube channel. Participants will need to fill out a form which will request their name or nickname, e-mail as a means of contact in order to notify the winner, and there will be a space to upload their image, text, or video. There will also be a space where they can choose where they will appear on the map.
Each Participant will be able to participate only once in each Promotional Period.
This Promotion is not open to any person directly or indirectly linked with or who has participated in its development, preparation, design, organisation, and/or implementation.
The Participant shall have sole and exclusive responsibility, and shall hold REPSOL not liable for the publication on any medium of a photograph or video for use in the Promotion, as well as the consequences derived therefrom. The Participant hereby declares to be the owner of the photograph or otherwise hold the rights of use for the purpose of participating in the Promotion. Any photograph that is property of a third party may not be posted without the express consent of the owner thereof, nor may any photograph subject to copyright protection and without the proper express consent of its owner for the sharing and participation thereof in the Promotion. The person appearing in the photograph also must be the Participant themselves and accepts responsibility for sharing images of third parties without their consent without holding REPSOL liable.
Any illegal, obscene, defamatory, xenophobic videos or photos shall not be accepted for the Promotion and shall be subject to expulsion. This includes images and videos that may be offensive and/or damaging to the image of the Repsol Group or of third parties (natural or legal persons) and/or may entail a violation of their rights.
REPSOL reserves the right to automatically remove and expel from the contest any Participant that it deems to be misusing or abusing the Promotion. Misuse is understood to be, for merely informative purposes, the breach of any of the terms and conditions included in this document.
REPSOL will give out the following prizes to all Participants:
1ST PLACE.One (1) Repsol Honda NSC50 moped.
The costs of transport to the location where the prize will be delivered, to be agreed upon with the winner, shall be assumed by REPSOL, S.A.
The moped will be delivered with a registered license plate and without insurance. Costs of insurance will be assumed by the winner.
2ND PLACE.One (1) personalised SHOEI Repsol helmet.
3RD PLACE.One (1) pair of tickets to VIP VILLAGE at a MotoGP race (GP to be selected depending on Repsol’s availability). This prize does not include transport, lodging, or any other expense not included in the VIP pass.
4TH PLACE.Forty-seven (47) prize packs consisting of a Repsol Honda merchandise pack made up of an official cap and an official team T-shirt.
All prizes are awarded individually and are non-transferable. Prizes may not be combined with other(s) or exchanged for any other prize or for the cash value of the prize. Sale of the prizes is prohibited.
If, for any reason beyond REPSOL’s control, should the corresponding prize detailed herein not be available, REPSOL reserves the right to substitute it for another of equal or greater value.
Each Participant may claim only one prize.
7.- Selection of the winners
FIRST, SECOND, AND THIRD PRIZE
A jury that has been specially designed by REPSOL will select the three winners of the Promotion from amongst all those who meet the requirements and have taken part in accordance with the established procedures. The winners will be the people that have left the best congratulatory message and appear in the Pelouse Map, and they will receive first, second, and third place like on a podium.
The jury will be made up of communication specialists from REPSOL, (hereinafter, the“Jury”) and will make their decision within 48 hours following the end of the Promotion.
The Jury will evaluate all contributions from Participants on Social Media and the website boxrepsol.com and will select the three winners.
Winners will be selected based on the quality of their contribution, both in terms of content and originality, and the members of the Jury undertake to evaluate the Participants’ contributions fairly and objectively.
Likewise, a total of nine alternate winners will be selected in case the winner rejects the prize or loses their right to the prize due to any cause.
The Prizes will be awarded through a draw, which will be carried out in the presence of a notary using an automatic random selection programme on 6 November 2019.
Forty-seven people will be selected from among all the Participants that appear in the Pelouse Map, who will each win a Repsol Honda merchandise pack. An additional 20 alternate winners will also be selected in case the winner(s) rejects the prize or loses their right to the prize due to any cause.
Prizes are limited to one unit per natural person. In the event that a person wins more than one Prize, one of the Prizes will pass over to an alternate winner.
The response time established when the winners are named will be equal for both the draw and the prizes awarded by the Jury.
8.- Award notification
The winners will be published on 7 November 2019 on boxrepsol.com, and an announcement will be made on Social Media (Twitter, Instagram, and Facebook) to notify users that the list of winners is available on the website. Furthermore, a message will be sent to the winners informing them how to claim their Prize. People that participated through the website will be notified by email to the address provided.
Participants must claim their prize within seven (7) calendar days by responding directly to the private message received from REPSOL’s official Social Media profiles or email, providing the details requested by REPSOL in order to deliver the Prize.
In the event that, for any reason, the winners do not provide the data required within the established deadline of seven (7) calendar days after being notified by REPSOL, they reject the Prize, or it is impossible to contact them, the Prizes will pass on to the first alternate winner, who will have the same period of time to respond. This will occur successively until all alternate winners have been contacted, at which point the Prize will be declared null and void.
The moped prize will be delivered after the winner’s identity has been checked (national identity document, residency card, or equivalent document that proves the holder’s identity). Likewise, the moped will be delivered within THIRTY (30) calendar days after the winner has been selected. In the event that the winner does not collect the motorbike, this Prize will pass on to the first alternate winner, who will have the same period of time to claim the Prize. This will occur successively until all alternate winners have been contacted, at which point the Prize will be declared null and void.
9.- Award taxation
The Prize associated with this Promotion is subject to current Spanish legislation and other related provisions regarding the taxes and fees that may be applicable to the Prize and the winner when the Prize is handed over.
With the delivery of the prize of a Repsol Honda NSC50 moped, a personalized helmet, and a VIP pass to a MotoGP Grand Prix, REPSOL will make account deposits or withhold the amount of taxes applicable to the prize. This cost will be borne by the Company and in no case will it be passed on to the winners of the Prize. Upon accepting the Prize, the winner will receive a certificate from REPSOL stating the quantitative value of the prize and the corresponding tax withholdings. The winner must sign this document, fill in their tax details, and attach a copy of their national or foreigner’s identity card.
In all cases, the winner must fill in, sign, and send this form in order to enjoy the prize. Failure to sign this document and send it back to Repsol will cause the user to lose their right to the Prize, and it will pass on to the first alternate winner.
If REPSOL receives the document in a different taxable period to when the Prize was delivered and the user has not lost their right to the Prize, the corresponding account deposits and withholdings will be made in the taxable period in which REPSOL receives the document, as it is obliged to declare the prize obtained in the tax return of the aforementioned year.
Participant contributions to the Promotion
- a) In relation to all content submitted to the contest, Participants:
- b) Guarantee that it is the original work of the Participant. When participating in the Promotion, each Participant guarantees that their contribution has been created solely by the participating author and that it does not infringe any third-party rights, copyrights, trademarks, commercial names, or any other distinctive signs of third parties or moral rights to privacy/publicity, as well as the intellectual property of a person or entity.
- c) Guarantee that their contribution does not include any image, text, or content that could induce violence; that is of a discriminatory or xenophobic nature; has obscene or suggestive sexual content; is defamatory, threatening, and/or xenophobic; is false or insulting; or, in general, any other content that could be offensive or damage the image and violate the rights of REPSOL or the Repsol Group, as well as of third-party natural and/or legal persons, in addition to content that could be against the law, morals, or public order.
- d) Declare that they accept full responsibility for the personal data of third parties included in their contribution. In the event that they use the personal data of minors or people deprived of their legal capacity, the Participant declares that they are the parent or legal tutor of the aforementioned person. No third party that fails to meet these requirements may participate / be included in the content, and any actions or omissions against the regulations in force are prohibited. In their role as Participant, the parents or tutors provide their express consent for the participation of the minor / person deprived of legal capacity, authorising the presentation of these contributions to the Promotion and their publication, as well as the personal data included therein, by accepting the provisions of these Terms and Conditions. The participant will be solely responsible to REPSOL and Social Media networks for any failure to fulfil these Terms and Conditions, as well as for any third-party claims.
- e) Guarantee that they have obtained the corresponding image rights and authorisation to use personal data from all persons that, in any manner, are present in the Promotion through images, texts, or voice recordings. These persons also expressly relinquish their right to the Prize in favour of the Participant.
- f) Grant Repsol, S.A. the right to use photographs, texts, and any other contents that are not selected to win a prize in the terms established in the following provision.
- g) Transfer to Repsol, S.A. the intellectual property rights related to photographs, texts and any other contents provided by the winning Participant, in the terms established in the following provision.
- h) The Participant that provided the contribution on Social Media will be solely responsible for any failure to meet the aforementioned conditions and, by participating in the Promotion, guarantees compliance in the established terms. In all cases, REPSOL and Repsol Group companies will be held harmless.
11.- Fraudulent participation
In the event that REPSOL or any other entity that is professionally linked to this promotion detects an anomaly or suspects that a Participant is preventing the promotion from developing as it should, they may unilaterally cancel the registration of the Participant in question.
REPSOL has enabled the necessary mechanisms to detect any fraudulent, abnormal, or malicious actions committed by Participants with the aim of unduly winning a prize. Therefore, REPSOL reserves the right to eliminate from the register any Participant proved to have or suspected of having committed an irregular action with the aforementioned purpose.
REPSOL is not liable for any possible losses, damages, delays, or other circumstances attributable to third parties that could affect postal or electronic deliveries or phone lines. As such, REPSOL will not be held responsible in the event that telecommunications lines or the web pages involved in this promotion do not function correctly or are down for reasons beyond the control of REPSOL, as well as for the services provided by collaborating entities to winners as a result of the prizes.
Furthermore, REPSOL may not be held responsible for (i) any possible losses, damages, delays, or other circumstances attributable to third parties that could affect the development of the promotion; (ii) any possible problems or down time of telecommunications lines, in addition to the poor functioning of electronic communications networks, websites, and Social Media pages involved in this Promotion for causes outside REPSOL’s control, or the services provided by collaborating entities to winners as a result of the prizes that impede or hinder the development of the Promotion; (iii) the responsibilities acquires by the winning Participant when enjoying the prize.
RESPOL accepts no liability for incidents or accidents that may occur to the winner or accompanying persons when enjoying the prize.
This Promotion is not sponsored, approved, or carried out by Social Media, nor is it in any way associated with these networks. It is hereby expressly stated that Social Media have no link whatsoever with this Promotion. Participants will hold Social Media harmless from any liability resulting from this Promotion, except in the case that this is caused by your condition as a user of Social Media.
13.- Personal data protection and image rights
Participation in the Promotion is voluntary and involves the processing of your personal data. Below, we provide information on how we process your personal data:
Repsol, S.A., with registered address at 28045 Madrid, Méndez Álvaro, 44.
Data Protection Officer
You can get into contact by sending an email to firstname.lastname@example.org.
Data subject to processing
All the data that you provide, as well as all those resulting from your participation in the promotion.
To carry out all the processes necessary for the action, including publishing a list of winners and getting into contact with them to deliver the Prize.
Lawful basis for processing
The express consent that you provided when participating in this Promotion.
Those necessary in accordance with the law and service providers in their role as data processors.
Data subject rights
You may also lodge a complaint with the supervisory authority at any time.
Duration of processing
Whilst the action is underway and, once it is finished, until the statute of limitations for civil, commercial, criminal, and/or administrative liability has passed.
Claims must be submitted within a maximum of FIFTEEN (15) days following the end of each of the Promotion’s participation periods.
Claims submitted by Participants will be resolved by a Jury selected by REPSOL.
15.- Acceptance of the Terms and Conditions. Modifications
REPSOL reserves the right to modify the terms and conditions of this promotion at any time and may even cancel the action before the closing date, in which case it undertakes to notify participants of the new terms and conditions or the cancellation of the promotion sufficiently in advance.
16.- Applicable legislation and resolution of disputes and claims
This Promotion is subject to applicable Spanish legislation. Notwithstanding condition 14, REPSOL and the Participants will resolve any conflicts resulting from participation in this Promotion in the Courts and Tribunals of Madrid Capital, and renounce any other jurisdiction that may be applicable.