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LEGAL BASIS: “World Cup Contest"

LEGAL BASIS: “World Cup Contest"

1. Organizer Identification

1.1. This contest is organized and promoted by the Spanish company RENÉ EGLI SLU with registered office at Hotel Meliá Fuerteventura, Calle Playa Barca s/n, 35627 Costa Calma, Fuerteventura, Spain, with CIF B-35402155, (hereinafter "RE"), a company dedicated to watersports services.

1.2. For any matters relating to this contest you can contact RE through the profiles of their social networks (Facebook, Instagram), through the following user @reneeglifuerteventura Instagram and the email marketing@rene-egli.com.

1.3. This contest won’t be sponsored, managed or associated with Facebook or Instagram. By participating in the contest, users agree that Facebook and / or Instagram are completely exempt from any claim or claims arising in connection with this contest.

2. Objective and thematic

2.1. The objective of this contest is to reward the winner with 1x World Cup Lycra + 1x World Cup T-Shirt + 1x World Cup Cap  (colors and sizes upon choice and availability) – including shipment.

3. Participants and form of participation

3.1. All persons 18 years or older may participate in the contest, any nationality and in any location.

3.2. Users can enter the contest through your Instagram profile, which should be public. To enter the contest, users need only to follow the account of @reneeglifuerteventura and reply to the “add yours” story with an image of their best memory of 40 years René Egli, tagging the social profile: @reneeglifuerteventura in their Instagram Story. Thereby you agree that @reneeglifuerteventura can reshare your story based on the "User Generated Content of Use"* below – only content that was reshared on @reneeglifuerteventura will enter the contest . 

3.3. The organization reserves the right to refuse participants who, in their opinion, do not fulfill the thematic and / or legal conditions required.

4. Deadline to participate in the contest

4.1. Participants may enter the contest from the day 08.07.2024 at 15.00PM (CET) until July 18th, 2024 at 15.00 PM (CET).

5. Prize

5.1. Among all participants who meet the conditions for participation will be drawn one (1) prize consisting of 1x World Cup Lycra + 1x World Cup T-Shirt + 1x World Cup Cap (colors and sizes upon choice and availability)

5.2. The winner will be chosen at random by René Egli SLU.

5.3. The winner will be able to receive 1x World Cup Lycra + 1x World Cup T-Shirt + 1x World Cup Cap (colors and sizes upon choice and availability) via postal service to the indicated shipment address.

5.4. The prize is nominative, and no alternative will be offered in cash for the prize, and it won’t be transferable or exchangeable. RE reserves the right to substitute the prize for any other gift of similar value.

5.5. The winner will be announced in the evening of July 18, 2024 will be notified through his/her own Instagram account.

5.6. If the winner doesn’t claim their prize in the specified range of time, the contest will be hold.

6. Contents of publications, disqualifications and penalties

6.1. If evidences that any participant does not meet the requirements of the legal basis, or data provided to participate will not be valid, their participation shall be void and will automatically be excluded from the contest losing all rights to the awards granted under this contest.

6.2. No comments or views whose content is considered inappropriate, that are offensive, derogatory or discriminatory or that may infringe rights of third parties are allowed. They also allow comments against individuals that violate the principles of the right to honor, personal and family privacy and image. However, RE is not responsible for damages caused by the comments made by the participants in the contest, and that at any moment could offend the sensibilities of other participants.

7. Disclaimer

7.1. By way of example, but not limited to, RE is not responsible for any loss, theft, delay or any other circumstances attributable to third parties that may affect the development of this contest nor is responsible for the use made by the participant to the prize Get this contest.

7.2. RE accepts no liability in cases of force majeure that could prevent

the draw or the total or partial enjoyment of the prize.

8. Taxation

8.1. To this contest will be governed by Spanish tax law.

8.2. Winners will be responsible for paying taxes that may result from obtaining the award and acceptance, regardless of their origin (except as provided in this clause). This does not apply to amounts that RE payable to the Tax Office of Spain on behalf of the winner to cover withholding taxes for prizes referred to in the Act on Income Tax of Individuals (income tax) or the Act Income Tax Non-Resident (IRNR). To this end, RE will compensate the winner deductions that are applied to them under the above-mentioned taxes relative to income received with payment and acceptance of the prize.

8.3. Consequently, the winners, by accepting these Official Rules are informed of the tax consequences of any kind that might result from claiming the prize, without the organizers assume any responsibility for the cause.

9. Protection of Personal Data

9.1. Contest entry

By participating in this contest, entrant agrees that RE treat your data for the following purposes:

• Manage their participation in the contest, its development, the designation of the winner / s and the award ceremony.

The data will be kept for the time necessary to carry out the purposes for which they were collected, unless the user requests its low to RE, opposes or revoke their consent in accordance with the provisions of these rules.

9.2. Obligation to provide data

The requested data will be required (unless otherwise specified) to meet the goals established character.

Therefore, if they are not provided or not provided correctly the holder thereof may not participate this contest.

9.3. Processing legitimate

Treatment of participant data by RE for the above purposes is based on the consent is requested and can withdraw at any time. However, should withdraw consent, it will not affect the lawfulness of processing operations carried out previously.

9.4. Data Communications

By participating in the contest winner agrees to participate in publicity related to the contest for free in the event requested by RE. In such advertising it will be possible to include, among others, the winner, used images and comments in interviews, articles and social networking publications in the media. Winners agree that RE can use your name, images captured or received from the winners and any comments made by the winner in order to publicize the contest without the obligation to pay in any way the winner (winner confirms that grants RE the right to use them for this purpose).

In addition, participant data may be communicated to the following entities:

• A RE Group companies, solely for internal and / or for the purposes stated above administrative purposes.

• A RE providers necessary for the proper fulfillment of legal obligations and / or of the purposes above.

• A Public Administration that by law corresponds.

The addressees referred to in this paragraph may be located inside or outside the European Economic Area, being in the latter case duly legitimated international data transfers.

9.5. Responsibility of the participant

Participant guarantees that the data provided, if any, are true, accurate, complete and updated, being responsible for any loss or damage, direct or indirect, that may arise as a result of a breach of such an obligation. For this purpose, RE reports that it performs checks on the accuracy of the data, so

will be addressed in each case, the data entered by the participants, whether true or not, and is not responsible for the consequences of such falsifications or inaccuracies. RE is not responsible if the prize winner to a participant who is not of legal age, because it has concealed or falsified personal data requested for participation is granted. In the event that the data provided, where appropriate, belonged to a third party, entrant warrants that it has informed the third party of the aspects contained in these Official Rules and obtained their authorization to provide their data to RE for the specified purposes. Any false communication of personal details shall entitle RE to disqualify the winner and to have the corresponding prize.

9.6. Participant rights

The participant can send a letter to RENÉ EGLI SLU with registered office at Hotel Meliá Fuerteventura, Calle Playa Barca s/n, 35627 Costa Calma, Fuerteventura, Spain, or by e - mail to privacy@rene-egli.com , in both cases, with Reference "data Protection - RE Social Media contest XMAS", enclosing a photocopy of your identity card or passport, at any time and for free, for:

• Revoking Consents granted.

• Get confirmation about whether RE are processing personal data concerning him or not.

• Access your personal data.

• rectify inaccurate or incomplete data.

• request the deletion of their data when, among other reasons, the data are no longer needed for the purposes for which they were collected.

• Obtain RE limiting the processing of data when any of the conditions laid down in the rules of data protection compliance.

• Request the portability of your data.

• Oppose the processing of data

• Complain to the Protection Authority corresponding data when the concerned considers that RE has infringed the rights that are recognized by the applicable data protection regulations.

• Contact the data protection officer of RE through privacy@rene-egli.com.

10. Other Conditions

10.1. The mere act of participating in this contest constitutes acceptance of these Official Rules regulating it. The resolution to be adopted by any incident not covered by them rests solely with RE, who settled with the best judgment, without appropriate recourse.

10.2. RE will not assume any responsibility and shall not be liable for any content (including comments, pictures or video) of any involvement that might infringe the rights of third parties (such as intellectual property rights or publicity rights or the honor and privacy). The authors of these materials will be automatically disqualified from the contest and blocked social networks RE at the discretion of the latter.

10.3. RE is not responsible for the inability to participate in the contest that users may suffer due to problems of access to social network Instagram, or malfunction of this or Internet connection or server.

10.4. Each participant shall be solely responsible for claims that could otherwise result from the violation of any rights of third parties, including but not limited to intellectual or industrial property rights, and agrees to hold harmless RE and its subsidiaries and the group for breach of the requirements of the legal basis of this contest, in accordance with the provisions of the following clause.

10.5. Entrant agrees, at your own risk, indemnify, defend and hold harmless RE and its affiliates, and all its employees, agents, officers, directors, owners, partners, representatives, shareholders, employees, attorneys, accountants, predecessors, successors and assigns against any claim, demand, damages, injuries, losses, costs and expenses (including attorneys' fees and court costs) or to other responsibilities related to participation in this contest, or arising out of such acts, or arising from breach of these Official Rules.

*User-Generated Content Terms of use
You grant MELIÁ, and its affiliates, a non-exclusive, worldwide, royalty-free, perpetual right and license to reproduce, edit, reformat, publish, broadcast, distribute and otherwise utilize your User Content in connection with MELIÁ’s advertising, publicity, promotional and marketing activities in relation with any brand belonging to MELIÁ’s Group. This includes, but is not limited to, those directed to the public and existing and prospective customers on this and other social media channels, websites, newsletters, and emails. MELIÁ’s use of your User Content may be viewed by you and others. We may elect to display or utilize your handle, your byline or associated geographic or location information when we use your User Content. We may also combine the User Content with other images, texts, graphics, videos or audio archives, and the User Content may be altered for improved commercial results.
The nonexclusive nature of our license to your User Content means that you may continue to use the User Content for your own purposes and let others use your User Content. Other than your First Name, Last Name, email adress or handle, and other information that you elect to provide, MELIÁ will not collect personal information from you and will maintain the confidentiality of any personal information that you provide. The royalty-free nature of our license to your User Content means that we do not owe you any compensation or fees in connection with our use of your User Content or in connection with any revenue or business advantage that we might enjoy as a result of such use. The license provides us with the right to utilize your User Content anywhere in the world. Finally, the perpetual nature of the license means that it does not expire.
You will have the right to request that we cease all further use of your User Content, which you may request by notifying us at social.media@melia.com and providing the following information: First Name, Last Name, email address, content origin, social platform and user handle and media content description. MELIÁ will take commercially reasonable, good-faith steps to cease further use by MELIÁ of specifically-identified User Content within ten (10) business days thereafter. However, MELIÁ may not be able to eliminate uses of your User Content that are in the process of production or distribution, or have been already produced or distributed, and not all User Content is capable of being completely or permanently removed. Lastly, MELIÁ shall not be responsible for any other parties' use of your User Content, even if such third party use originated with or is derived from our use. We may remove User Content from any use or material for any reason and at any time, without notice.
You represent to MELIÁ that:
● You are at least eighteen (18) years old;
● you own all rights to your User Content or, alternatively, you have the right to grant MELIÁ the rights and license described above;
● you have paid and will pay in full any fees or other payments that may be related to the production or use of your User Content;
● each individual whose image or likeness is captured in your User Content has granted you the right to use his or her image or likeness for the purposes set forth in these User Generated Content Terms of Use. Otherwise, you hold the right to make such use of his or her image or likeness on the basis of your legal relationship with each such individual, including, but not limited to, your status as the individual's parent or legal guardian; and
● your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party, and does not contain any offensive, unlawful or obscene material.
MELIÁ is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user.
You acknowledge that MELIÁ has reasonably relied on the above representations and that you shall be responsible for and indemnify MELIÁ against any claims and liabilities that may result from the inaccuracy of these representations or from the content of your User Content.

 

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