The entity IBEROSTAR HOTELES Y APARTAMENTOS S.L. (hereinafter IBEROSTAR), domiciled at Calle General Riera, 154, 07010 Palma de Mallorca, is organizing this prize draw known as “Christmas Loading” (hereinafter the PROMOTION), participation in which is carried out via the Facebook social network pursuant to the provisions set forth in the following legal terms and conditions:
2. ACCEPTANCE OF THE TERMS AND CONDITIONS AND PURPOSE OF THE PROMOTION:
By participating in the present PROMOTION, the participants hereby accept all of the legal terms and conditions set forth herein together with the decisions made by IBEROSTAR with respect to the application and interpretation thereof.
3. PROMOTION DATES:
Participation in the PROMOTION shall be carried out between 12/25/2017 and 01/03/2018.
IBEROSTAR reserves the right to amend these terms and conditions, As well as the participation dates, extending or reducing them and suspending the promotion, with the sole obligation of communicating the date thereof.
4. CONDITIONS OF PARTICIPATION IN THE PROMOTION:
Participation in the PROMOTION is free of charge and natural persons of legal age having legal residency in United Kingdom and an account/profile on the Facebook social network may participate in it. Those persons who do not meet these conditions may not participate in the PROMOTION, and if they do participate they shall be disqualified.
Participation in this PROMOTION is prohibited for employees of IBEROSTAR or of companies within the group, and also for the relatives of these persons in the first degree of consanguinity or affinity. Should they participate they shall be disqualified and stripped of any prize they may win.
In order to participate and qualify for the PROMOTION, participants must have an electronic device with an Internet connection and an account/profile on Facebook, with the cost of the Internet connection from the electronic device being borne by the participant. Only one participation entry per person is permitted; participants may not create specific or fictitious accounts on the social network for the sole purpose of participating in the PROMOTION, nor may they create accounts in order to submit multiple participation entries.
The prize of the PROMOTION shall be the following:
- One (1) coupon to enjoy a free five-night stay for two persons in a double room including Full Board in one of the IBEROSTAR in the Canary Islands.*
The aforementioned coupon must be submitted at the hotel.
* Excluded: Five-star hotels.
The prize may not be exchanged for money, and no change, modification or compensation will be permitted, nor shall the assignment of the prize to third parties. The prize shall not be given to persons other than the winning participant. IBEROSTAR reserves the right to change the prize for another of equal value. The prize may be voided without a winner being selected if the participants fail to meet the conditions and requirements to be participators and winners of the PROMOTION.
The prize does not include transfer costs or any additional cost that could be associated with the enjoyment of the prize beyond those explicitly stipulated above.
The prize shall be personal and may NOT be transferred.
The effective dates on which to enjoy the prize shall at all times be subject to the availability of the destination hotel and bearing in mind the winner’s preferences. The reservation must be made a maximum of three months in advance. However, the Organizer shall in the latter event select the dates, with any individual failing to accept using the prize on the dates and at the place specified by IBEROSTAR thereby forfeiting the right to the prize and his or her status as winner. Once the reservation of the prize has been confirmed, the dates on which the latter shall be taken may not be altered. The maximum term for use the prize is until December 31, 2018. High season periods are excluded (Holy Week, from June 1 to September 15 and holidays).
6. MEANS OF PARTICIPATION
Participation in the PROMOTION is possible via the IBEROSTAR account/profile on the Facebook social network by answering a question or request made as part of the IBEROSTAR POST.
Participants must state or answer with whom they would travel and explain the reason for their choice.
If the answer published by the participant has no clear relationship to the question posed by IBEROSTAR, or if the answer/comment is published in another post/entry other than the POST relating to the PROMOTION, it shall not be considered as participation in the PROMOTION.
The moment they participate in the PROMOTION, all participants assign all their intellectual property rights in the comments and images, if any, that are published in answering the POST for the sole and transferable purpose of participating in the PROMOTION to IBEROSTAR, without any territorial or time limitation and free of charge.
IBEROSTAR reserves the right to reject participation in the draw of any content including illegal, threatening, injurious, defamatory, obscene and pornographic material that is in violation of any third-party or any other rights.
The selection of the winner shall be carried out within a maximum period of 15 days once the participation period has ended, by means of a draw before a notary of the answers received during the promotion period.
Should the winner selected via the draw fail to comply with the requirements of being a participant or winner of the PROMOTION in accordance with the legal terms and conditions, he or she shall forfeit the status of winner and the right to the prize, which shall be awarded to the first replacement complying with the requirements to be a participant and winner of the PROMOTION, and so on until reaching the third replacement, in which event the prize shall be void.
8. NOTIFICATION OF THE PRIZE TO THE WINNER
The name of the winner (name of the account/profile on the Facebook social network with which he or she participates) shall be published by IBEROSTAR in a comment on the same PROMOTION participation POST, with the winner being required to contact IBEROSTAR via a private message on the Facebook social network.
The winner must answer within five (5) calendar days of the publication of the commentary on the social network, sending a private message to IBEROSTAR accepting the prize and providing his or her email and telephone details for contact purposes. Should the winner not reply within that period, the winner shall lose the right to the prize which shall be awarded to the first replacement selected by the Jury, and so on.
In any circumstance in which the personal information or the address to which the prize was notified were found to be incorrect, and the winner fails to claim the prize within the stipulated period, he or she is unable to benefit from it, or if the winner is disqualified for failure to comply with the terms of this promotion, he or she shall forfeit the right to the prize which shall be awarded to the first replacement selected by the Jury in each case, and so on until the third replacement. Should the third replacement not accept the prize for the aforementioned reasons, the prize shall be void.
The Organization may request any information or documentation from the winner to certify compliance with the conditions for being a participant in, and a winner of the PROMOTION. This information shall be requested via email, with the winner having five (5) calendar days from the issue of the email to provide it. Should the requested information or documentation not be provided to the satisfaction of the Organizer, or should any of the conditions for being a participator or winner not be complied with, he or she shall be disqualified.
9. INFORMATION OF A PERSONAL NATURE
In participating in the draw, participants agree that their name shall be published in IBEROSTAR’s various communication media.
Pursuant to the provisions set forth in Organic Law. 15/1999 on the Protection of Data of a Personal Nature, it is hereby stated that personal data and media provided by the participant shall be treated by IBEROSTAR for the management and oversight of this present Promotion and to claim the prize, with the participant implicitly consenting to the handling and assignment of his or her information within the scope and under the conditions stipulated in the present terms.
The aforementioned data and media may also be utilized and published to report on the present Promotion and the services offered by the Iberostar Group. The aforementioned publications shall be made mainly though not exclusively via the Organizer’s profiles or those of other group companies on social networks, on their websites, via YouTube-type platforms, in publications, or by communications media or commercials. Accordingly, the participants hereby explicitly authorize the use of such data as the name of their Facebook profile, their first and last names, and/or their image in any type of publicity, promotion, publication including online, mailing, television and press, or by any other media, for promotional or informational purposes relating to the activities, products and services of the Iberostar Group, also consenting to the handling of that personal data for the aforementioned purposes. This consent is provided free of charge for such time as the Iberostar Group deems necessary in order to secure the aforementioned aims in an appropriate manner, and pursuant to the provisions set forth in OrganicLaw. 15/1999, of December 13,
on the Protection of Data of a Personal Nature, and in Organic Law. 1/1982, on the Civil Protection of the Right to Reputation, a Personal and Family Life and One’s Own Image.
Participation in this action implies the consent of the participants for the aforementioned purposes and acceptance of these terms and conditions. In order to revoke their consent for the handling of their information for commercial purposes, as well as to exercise their right to access, rectify, cancel and challenge the data, the affected parties may contact the Iberostar LOPD Department in writing at the aforementioned domicile or at LOPD@iberostar.com.
10. INTELLECTUAL PROPERTY
The participants in this PROMOTION hereby assign any type of rights that could be applicable to them with respect to the submitted texts, and especially all those rights of reproduction, distribution, public broadcasting, disclosure and public availability, as well as the right, if applicable to transform it via audiovisual, televisual, IT, electronic, analogue and digital media, including the telecommunications and Internet networks, free of charge and of an indefinite nature to IBEROSTAR and to any entity belonging to the IBEROSTAR GROUP throughout the world, with IBEROSTAR being entitled to assign, transfer by any medium and license those rights to third parties.
The participants in this action hereby release IBEROSTAR and its associates of any liability arising from plagiarism or any other violation of current legislation, hereby guaranteeing their ownership via acceptance of these conditions of the intellectual property rights permitting their assignment to third parties within the scope, for the period and over the territorial extent set forth in the preceding paragraph, without third-party rights being violated.
The participants declare that they themselves have created the content of the texts, and that under no circumstances does this relate to material protected by copyright or to a brand owned by a third party.
The assignment of intellectual property rights to the content neither generates nor grants any financial rights, right of reimbursement, payment of rates or royalties of any type for the participants.
11. OPERATION, COMMUNICATIONS AND IDENTIFICATION
Aside from the grounds explicitly set forth in these terms and conditions, IBEROSTAR shall not be liable for any malfunction and errors that may arise at the time of participation in the PROMOTION, or interruptions or deletion on the Facebook social network.
IBEROSTAR shall not be liable for the consequences arising during the enjoyment of the prize or for damages and injuries of any type, whether personal, material, etc., both personally and to third parties.
Nor shall IBEROSTAR be liable for its inability to inform the winner of the prize by failing to consult or access his or her social network account or profile.
12. RESPONSIBILITIES AND DISQUALIFICATION
IBEROSTAR reserves the right to disqualify all participants who act in an abusive and fraudulent manner, and any participants who deceive, conceal or falsify participation information, who participate with different personal details or social network accounts/profiles, or who fail to comply with any of the present terms and conditions.
IBEROSTAR also reserves the right to verify the identity and user accounts or profiles of the social network utilized by participants in order to verify that these are not fictitious or created specifically to participate in the PROMOTION and/or to carry out multiple participation entries, with IBEROSTAR being entitled to disqualify those participants engaging in these practices at will and in the event of any suspicion or sign being identified.
In the event of any action or suspicion by IBEROSTAR or its associated companies in the course of the PROMOTION that any participants or third parties are altering any entry via any procedure, they shall be disqualified, even in the event of them having been able to participate or obtain a prize, without IBEROSTAR being obliged to provide notification of that disqualification.
13. FACEBOOK SOCIAL NETWORK
Facebook does not in any way sponsor, endorse or manage this promotion, nor is it associated with it, Facebook being thereby exonerated from all liability. Moreover, there is no connection whatsoever between each participant and Facebook, since participants are provided with information by IBEROSTAR and not by Facebook.
The settlement of all such questions as may arise or be asked in of the interpretation of the Terms and Conditions shall be at the sole discretion of IBEROSTAR.
IBEROSTAR reserves the right to amend the content of the present Terms and Conditions, together with the prize, in order to ensure the greatest success of the competition and to contribute to sharing the spirit of the draw.
In addition, participation in a draw of this type assumes acceptance of the regulations of the platform on which it is carried out.
For any question or query relating to the PROMOTION, the participants and winners, please contact IBEROSTAR at Iberostarsm@iberostar.com.
15. LEGISLATION AND JURISDICTION
These terms and conditions of the PROMOTION are governed under Spanish Law. The participants accept that any dispute that may arise with respect to the interpretation or execution of the terms and conditions shall be explicitly submitted to the jurisdiction of the Courts and/or tribunals of Palma de Mallorca, hereby waiving any jurisdiction to which they may be entitled if applicable.
16. DEPOSIT OF THE TERMS AND CONDITIONS
These legal terms and conditions are registered in the Madrid College of Notaries Notary Office of Mr. Luis Máiz Cal and published in the electronic file.
Palma de Mallorca, December 20, 2017.