TERMS AND CONDITIONS FOR PARTICIPATION IN THE PROMOTION “#BoxRepsol300kInstagram”
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 social media users, aged 18 and over, who follow Box Repsol’s Instagram social media profile (hereinafter, “Participants”), which will be developed in accordance with these rules (hereinafter “Rules”). The abovementioned promotion shall be called “#BoxRepsol300kInstagram” (“the Promotion”).
The purpose of this Promotion is to activate and use Repsol’s social media channels, specifically those belonging to Box Repsol, encouraging the Participants to interact with Repsol brand or content through their own social media accounts.
3.- Promotional period
The Promotion shall take place in worldwide starting 15th March 2021 at 12:00 p.m., the moment at which the Promotion shall be announced on Box Repsol’s social media profile, and conclude 18th March 2021 at 12:00 p.m., both dates included, peninsular time in Spain (CET), (hereinafter the “Promotional Period”).
The Promotion is free and therefore no additional payment is necessary to participate and win the contest’s prize.
5.- Eligibility rules and how to participate
The Promotion is open to participation of all persons over 14 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.
To participate, users must respond to the post made by the Box Repsol Instagram account. For participation to be considered valid, it must consist of a comment on said post congratulating Box Repsol and mentioning at least two other users. All participants meeting these conditions shall be entered in a draw of nine (9) Repsol Honda clothes items, which shall be chosen at random by an automatic programme.
Each Participant may participate as many times as is wished, whilst always Repsol’s moderation rules.
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 not hold Repsol liable for the publication on any medium of the comment contributed to the Promotion, as well as the consequences derived therefrom. The Participant declares to be the owner of the comment.
Any illegal, obscene, defamatory, or xenophobic comments shall not be accepted for the Promotion and shall be subject to expulsion. This also includes any comments 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 Rules included in this document.
Repsol shall give out a total of nine (9) prizes:
• three (3) Repsol Marc Márquez 93 T-shirts
• three (3) Repsol Honda jumpers
• three (3) Repsol Honda polo shirts
As available sizes are limited, the winners must adapt to Repsol’s current inventory.
The prize is personal, is non-transferable, and is as described. The prize may not be combined with other(s) or exchanged for any other prize or for the cash value of the prize. Sale of the prize 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.- Announcement and awarding of prizes
The awarding of the prizes for the nine (9) Participants who meet the participation requirements shall be carried out by way of a draw using through an automatic random selection programme. The nine (9) winners shall be announced on 23th March 2021 on @box_repsol’s Instagram account. Another nine (9) alternate winners shall be selected in the event that the winning participant rejects the prize or forfeits the right to the prize due to any cause.
The winners of the Promotion shall be notified thereof by REPSOL via private message on Instagram. Said winners shall also be informed of how they may access their prizes. Participants must claim their prize within seven (7) calendar days following notification by responding directly to the private message received from REPSOL’s official social media account and facilitate the information so 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.
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.
8.- Participant contributions to the Promotion
Conditions regarding the content provided
In relation to any content used to take part in the promotion, the Participant:
- -A Guarantees that it is the original work of the Participant, 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.
- -B Guarantees 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.
- -C Declares that they accept full responsibility for any potential infringements of third-party personal data 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. The participant will be solely responsible to Repsol and Social Media networks for any failure to fulfil these Rules, as well as for any third-party claims.
- -D Guarantees 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 content through images, texts, or voice recordings. These persons also expressly relinquish their right to the Prize in favour of the Participant.
- -E Grants 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 section.
The Participant that provided the contribution to the Promotion 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.
Transfer of rights related to the content to Repsol, S.A.
By Participants: by presenting content to the Promotion, the participant authorises Repsol, S.A. to show, distribute, or publicly communicate this content (understood to include exhibition and storage on hardware or software, digitalization, availability, access through Repsol databases, translation, adaptation, rework, or any other transformation of this material). This authorisation is understood to last for the period of time that the participant would legally hold the copyright related to this material, and is applicable worldwide. Furthermore, this authorisation is provided free of charge as, by sending the content in question, the Participant declines any claim for remuneration from Repsol.
The Participant accepts and is aware that, in accordance with this clause, Repsol may use the content presented in the Promotion as a proprietary asset in its internal and external communication media, and it may be viewed by the general public.
Furthermore, Repsol is also authorised to modify or alter the content in order to adapt it to its communication needs, without this being understood as an infringement of the Participant’s moral rights.
9.- Tax liability of the prizes
The Prizes associated with this Promotion are 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.
10.- 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.
Claims submitted by Participants will be resolved by a Jury created by Repsol and whose decision won’t be subject to appeal.
Participants must submit their claims within a maximum of one week after the end of the Promotion.
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, or (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.
This Promotion is not sponsored, approved, or carried out by Social Media Networks, nor is it in any way associated with these networks. It is hereby expressly stated that Social Media Networks have no link whatsoever with this Promotion. Participants will hold Social Media Networks harmless from any liability resulting from this Promotion, except in the case that this is caused by their condition as a user of Social Media Networks.
13.- Protection of 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 email@example.com.
Data subject to processing
Todos los datos que nos proporciones al participar en la acción, así como los que se deriven de tu participación en la misma. También será objeto de tratamiento en el caso de que resultes ganador tu nombre y tu imagen, en su caso, para poder comunicar tu condición de ganador a través de nuestros canales de comunicación, incluidas las redes sociales
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, service providers in their role as data processors, and third parties related to the Promotion should it be necessary to carrying it out.
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.
14.- Acceptance of the Rules
All possible Participants are hereby notified that by merely participating in the Promotion they agree to these Rules. Repsol reserves the right to modify the Rules of the 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 rules or the cancellation of the promotion sufficiently in advance. Users are recommended to consult the Promotion’s Rules periodically to be informed of possible modifications that may be carried out.
The Promotion Rules shall be available to any person who wishes to consult them on the Box Repsol website.
The relationship between the Participant and the Social Media Networks is totally beyond Repsol’s control due to their condition as a user thereof, and this will be governed by the terms and conditions of the Social Media Network.
15. Applicable legislation and resolution of disputes and claims
This Promotion is subject to applicable Spanish legislation. Notwithstanding condition 11, REPSOL and the Participants will resolve any conflicts resulting from participation in this Action in the Courts and Tribunals of Madrid Capital, and renounce any other jurisdiction that may be applicable.