BASES OF THE COMPETITION “#Iberostar50k”
OF IBEROSTAR HOTELES Y APARTAMENTOS, S.L.
ONE.- ORGANIZING ENTITY, TERRITORIAL SCOPE, TIMING AND PARTICIPANTS
The commercial entity IBEROSTAR HOTELES Y APARTAMENTOS, S.L. (henceforth “IBEROSTAR” or “the Organizer”) with domicile at 07010-Palma de Mallorca, Calle General Riera nº 154, with CIF (Código de Identificación Fiscal [Tax ID Code]) B-28049344, will carry out a promotion of the “competition” type, which will take place from May 16 to 22, 2017, both inclusive, in which all users over the age of 18 who fulfill the requirements contained in these bases and access the IBEROSTAR profile on the Instagram social network (https://www.instagram.com/iberostar) under the conditions that are detailed below may take part.
By participating in this competition, participants accept all the terms and conditions of these legal bases, as well as the decisions taken by IBEROSTAR regarding their application and interpretation.
This competition is free and cannot be accumulated with any other competition of IBEROSTAR.
The object of this competition is to encourage access to the IBEROSTAR profile on the Instagram social network.
The prize for this competition consists of a Polaroid Snap Touch camera valued at €200, not including 21% VAT.
The prize contained in this competition may under no circumstances be subject to change, alteration, swap or compensation in cash or assignment at the winner’s request.
In cases of force majeure, IBEROSTAR reserves the right to replace the above-mentioned prize with others with similar value and features.
The mechanism of this competition consists of the following: all users over the age of 18 who access the IBEROSTAR profile on the Instagram social network https://www.instagram.com/iberostar, must publish a photograph of the holiday location that has most inspired them, also including the hashtag #Iberostar50k, and must divulge this on their public profile on the Instagram social network, so that IBEROSTAR can check that they have carried out this publication, from which moment they shall automatically be entered in the adjudication by the Jury of the prize described in the previous base.
The photograph must be published, shared and accessible to the public, on Instagram within the period of the competition, and must be kept on that social network until the finish date of the competition.
If the photograph is published outside the period for taking part in the promotion, if the #Iberostar50k hashtag is not used, is deleted/eliminated before the end of the participation period and/or does not fulfill the requirements of this competition, the above-mentioned user will not be accepted with that photograph in the competition.
The photographs that are submitted must be original and previously unpublished. IBEROSTAR reserves the right to refuse participation in the competition to photographs that include material that is illegal, threatening, injurious, defamatory, obscene, pornographic, that breaches any kind of rights of third parties or of any other type.
A Jury will examine the content of the Instagram profiles of the participants in order to check that the latter are in keeping with the terms contained in these bases, and in general that the content does not violate any of the rights recognized in the Constitution and in current legislation.
From all the material submitted by the participants within the above-mentioned promotional period, the Jury shall choose from May 23, 2017 onwards, the winning user whose material and profile in their judgment best match the evaluation criteria of the above-mentioned material regarding the originality, quality and creativity of the photograph, and this user shall be the winner of the prize described in the previous base.
Each participant may submit as much material to participate in this competition as they want, provided that it meets the requirements contained in these bases.
The Jury will be made up of Representatives of IBEROSTAR and/or its Advertising Agency HAVAS SPAIN, who shall be in charge of checking the material that participating users upload and of adjudicating the prize described in the third base.
Participants in this competition must obey the instructions and information that the Jury provides, as the case may be, with the latter’s decisions not being subject to appeal.
SIX.- NOTIFICATION OF THE WINNER
After midnight on May 23 , 2017, IBEROSTAR will publish the name of the winning user via a publication on their Instagram social network https://www.instagram.com/iberostar, by means of a direct message in the same, with the aim of notifying them of their status and telling them the details of the prize. Likewise, the Jury shall request from the winner the submission of their personal details, in order to be able to manage the delivery of, and where necessary the signing of a letter accepting said prize.
The acceptance letter must be received and signed by the winner, attaching a copy of their DNI (Documento Nacional de Identidad [National ID Document]) within a period of 7 calendar days from its being sent to the winner, via delivery to the address that IBEROSTAR shall communicate to them in the above-mentioned direct message.
If no response has been received once 7 days have passed since the above-mentioned date, another winner shall be named. If no response is received from the new winner either in the above-mentioned period, in accordance with the same procedure, the prize shall be declared void.
The Jury reserves the right not to adjudicate the prize if it feels that the participants have not met the requirements of these bases.
SEVEN.- AUTHORIZATION FOR USE OF WINNER’S AND PARTICIPANTS’ NAME, IMAGE/VOICE, AND ASSIGNMENT OF EXPLOITATION RIGHTS OVER THE PROPOSALS SUBMITTED
For the purposes established in Organic Law 1/1982 of May 5 on Civil Protection of the Right to Honor Personal and Family Privacy and that of one’s Own Image, and Organic Law 15/1999, of December 13, on Protection of Personal Data, every participant whose material has been accepted by the Jury accepts and authorizes both IBEROSTAR and any other company contracted by the latter for the promotional development of its products, to reproduce and use their first name, surnames, voice and image in any advertising or promotional activity related to this competition, without such use granting any right to remuneration or benefit whatsoever, and without limitation by time or territory.
Likewise, the participants authorize the assignment to IBEROSTAR of the rights, which may be subject to intellectual property protection, to publicly reproduce, distribute and communicate the material sent for its use in all the publicity material linked with this competition (as well as internet and social networks) without the right to receive any economic compensation of any kind whatsoever.
In any case, whichever participant is named as the winner promises to sign whichever public and private documents are presented to them by IBEROSTAR.
It is forbidden to transmit any information, including images, that affect the privacy of any other person, or that violate or infringe in any other way the rights of any other person (including intellectual and industrial property rights, as the case may be).
If IBEROSTAR or any entity professionally linked to this competition detects any anomaly or suspects that a participant is hindering the normal process when participating in this competition, by illegally altering their registration or participation via any technical or IT procedure in order thus to falsify their participation or to damage other participants, it may unilaterally delete the registration of that participant. In this regard, it is important to add that IBEROSTAR has taken the necessary technological steps to detect any possible fraudulent, anomalous or malicious action that intends to alter participation in this competition with the aim of winning a prize in an illicit manner. Therefore, IBEROSTAR reserves the right to eliminate from the register any participant who is shown to be or who is suspected of acting irregularly in the sense described, without any notification to that participant.
NINE.- LIMITATION OF PARTICIPATION
The following may not take part in this competition: IBEROSTAR employees, employees of any of the companies that are involved in IBEROSTAR, as well as members of the latter’s family (to the third degree or less, by blood or by marriage), legal entities in general, and minors under 18.
TEN.- TREATMENT OF DATA
In compliance with that established in Organic Law 15/1999 of December 13, on Protection of Personal Data, and in its development Regulation, you are hereby informed that, as the responsible party, IBEROSTAR shall handle participants’ personal data in order to manage their participation in the PROMOTION, contact the winner via the social networks, check that they fulfill the conditions to be participants and winner, deliver the prize, and publish the name used by the winner to take part in the PROMOTION on the Instagram social network.
In accordance with that established in Law 15/1999, you are hereby informed that the personal data and photographic materials gathered in the process of participating shall be handled by IBEROSTAR for the management and control of this promotion, with it being necessary for participants to consent to the publication of the above-mentioned data and photographic materials, with the scope and under the conditions indicated in these bases.
Participants guarantee and are responsible for the truthfulness, exactitude, up-to-dateness and authenticity of their personal information.
Participants may exercise their rights to access, rectification, cancellation and objection, by sending a written communication, including a photocopy of their DNI, to the IBEROSTAR address indicated above. Likewise, they may revoke the consent they have provided at any time by sending a written communication to the above-mentioned address, or to the email address email@example.com.
ELEVEN.- IMAGE AND INTELLECTUAL PROPERTY RIGHTS
It is forbidden to send photographs where the image of identifiable persons other than the participant appears. If anyone’s image appears in the photographs submitted, the participant guarantees that the image is that of the participant and promises to sign any contracts for assignment of rights that IBEROSTAR regards as necessary, even though simply participating in the competition implies a firm and irrevocable commitment to assigning the above-mentioned rights under the terms set out below. Material that includes images of people may be rejected by the Organizer and shall be regarded as not having been submitted.
Participants, the authors of the photographs uploaded to Instagram, shall assign to the Organizer freely, indefinitely and exclusively all the Intellectual Property rights that may arise from their creation. Likewise, participants must at all times avoid damaging the image of IBEROSTAR, trying to ensure that it remains positive.
Participants in this activity hold IBEROSTAR and its collaborators harmless from any liability arising from plagiarism or from any other breach of current legislation, guaranteeing, by accepting these conditions, that they are the owners of the intellectual property rights that allow them to be assigned to third parties with the scope, temporal and territorial extension established in the previous paragraph, not harming the rights of third parties.
Participants declare that the content of the multi-media files has been created by them themselves, and that in no case does it include material protected by copyright or brand rights that belong to a third party. Participants shall be exclusively liable for the lawfulness of the content submitted, holding IBEROSTAR harmless from any damage that may arise from the same, both for IBEROSTAR and for third parties.
The assignment of the intellectual property rights over the photographs does not generate nor grant any economic right, right to reimbursement, payment of a tariff or fee of any kind to participants.
TWELVE.- LIABILITY AND MODIFICATION OF THE COMPETITION
IBEROSTAR reserves the right to shorten, extend, modify or cancel this competition if exceptional circumstances that are present so require, communicating these circumstances in such a way as to avoid any damage to the Participants in the same.
IBEROSTAR shall not be liable for any delays, losses or deterioration that are not attributable to it. Nor shall IBEROSTAR be liable for cases of force majeure (such as strikes, etc.) that could prevent the winner from enjoying their prize wholly or partially. IBEROSTAR shall be exempt from any liability in any of the above-mentioned cases, as well as from any liability for losses and damages that may arise during the enjoyment of the prize.
IBEROSTAR rejects any liability for losses and damages of any kind that may be due to a temporary lack of access to or continuity of the functioning of the internet and social networks via which participation in the competition takes place, preventing access to and participation in the above-mentioned competition.
IBEROSTAR shall not provide data-service connectivity, nor shall it be responsible for any issues of the operators that prevents participation.
IBEROSTAR reserves the right to eliminate from the competition for justified reasons any Participant who breaches the terms and conditions of the Promotion, who defrauds, alters or disables the good functioning and the normal and correct course of the same, without prejudice to the other actions that may be applicable in Law.
THIRTEEN .- RESOLUTION OF DISPUTES
Participants accept IBEROSTAR’s rules regarding the resolution of any issue arising from this competition.
For any dispute that may arise in the interpretation and application of these bases, both IBEROSTAR and the participants in this competition explicitly submit themselves to the Jurisdiction of the Courts and Tribunals of Palma de Mallorca, with waiver of their own jurisdiction if any, except in the case of consumers, which shall be the latter’s domicile.
FOURTEEN.- ADMINISTRATION OF THE COMPETITION VIA THE INSTAGRAM PLATFORM
The Instagram platform does not sponsor, guarantee or administer in any way whatsoever this competition of IBEROSTAR, nor is it associated with it, and participants shall therefore not have any kind of link with the above-mentioned platform.
IBEROSTAR shall inform participants of any fact and circumstance related to this competition via the above-mentioned social networks.
FIFTEEN.- DEPOSIT OF BASES
The Bases of this competition are deposited and officially filed before the Notary of the College of Madrid, Mr. Luis Máiz Cal, with office at Paseo Pintor Rosales, 20, 2º, 28008 Madrid and published in the Electronic Archive of Competition Bases (Archivo Electrónico de Bases de Concursos [ABACO]), a service of general interest offered by the General Council of Notaries and published at www.notariado.org/liferay/web/notariado/e-notario and they shall be available to any person who wishes to look at them, and on the microsite http://pasaportea.iberostar.com/