LEGAL BASES DRAW ##OTOÑONAHOTELS
1. - Company responsible for the promotion.
The trading company Clubotel La Dorada, S.L. (hereinafter, Clubotel La Dorada or the Promoter), with its registered address at Calle Calabria, nº 129, Entlo., 08015 Barcelona and Tax ID no. B-61502035, is conducting this #VacacionesOnaHotels Giveaway promotion with the aim of driving Ona Hotels’ choice of hotels on social media.
2. - Participation period.
The validity period for this promotional action and thus, participation in it, will be solely from 29/09/2021 until 12/10/2021 at 23:59h.
The Promoter reserves the right to suspend, postpone, cancel, or change the aforementioned period provided that there are reasons to justify doing so, and by making sufficient public announcements in this regard via social media.
3. - Legal basis for participation
Individuals over the age of 18 residing in any country may participate in this promotion. Any participants that provide false or untruthful information or that, generally speaking, do not meet the requirements of these terms and conditions, shall be excluded from this promotion. Regardless of their exclusion, the Promoter reserves the right to take any legal action it deems appropriate against any violators of these terms and conditions. Participation in this promotional giveaway is free and open to any users that fulfil and accept these terms and conditions..
Employees or relatives up to the second degree of consanguinity or affinity with Clubotel Dorada, S.L., and any of its associated companies, advertising agencies or promotions agencies that may be related to the promotion and all the companies involved in the performance of this promotion will be
4. - Description of the prizes.
This promotion will give away 1 prize to 1 winner.
The prize will consist of:
Two nights’ accommodation for 2 adults sharing the same room* or an apartment with capacity for 2 people room only at an Ona Hotels hotel of the winner’s choice.
The prize does not include flights or any type of transport, only the stay. The cut-off date for using the prize will be 31st December 2022 and the promotion may not be used for the following dates: Christmas, New Year and Easter. The dates will ultimately depend on the hotel’s availability.
The prize will be considered to have automatically expired for good:
- If the winner does not respond to the email or message sent to them to inform them that they have won this competition within 20 days from the end of the competition, accepting said prize.
- In the event of a cancellation.
Clubotel La Dorada, S.L. reserves the right to declare the prize as void in the event that less than 25 people have participated in the competition before 12th October 2021 at 23:59.
To receive the prize, once the winner has been informed by Clubotel La Dorada, S.L., they must choose the dates for the booking (arrival and departure dates) which are subject to the hotel’s availability. They must also get in contact with the agents for said promotion by sending an email to firstname.lastname@example.org.
- The Promoter shall not be held responsible for the how the beneficiary uses the prize/incentive.
- Rejecting the incentive shall under no circumstances entitle the winner to compensation.
- The incentives are as detailed in these terms and conditions.
- Under no circumstances may the prize be exchanged for its equivalent monetary value, nor may it be modified in any way at the winner’s request.
- The participant acknowledges that Clubotel La Dorada, S.L. will pay no fees, expenses, or compensation, and shall only award the prize agreed upon for the winner for the promotional action. Particularly, and by way of non-limiting example, all the costs for transport, additional services, food and living expenses (in the event they are not covered by the board basis at the hotel), and fees and charges associated to the stay regarding the booking and which are not included in the applicable board basis, shall be borne by the winner of the prize, with Clubotel La Dorada, S.L. and each of its hotels being exempt from any obligation in this regard.
The participant awarded a prize may not under any circumstances give it away to third parties; for these purposes, the winner must be mandatorily directly and personally stated as the beneficiary of the booking, unless expressly authorised by Clubotel La Dorada, S.L.
5. - Procedure.
Participation takes place exclusively via email and includes the following steps:
- Participants will access the page via the email that they will receive where there is a form to fill in with their information, thus participating in the giveaway.
- They will be unable to access the page any other way.
Of the users that will participate during the promotional period and that meet the aforementioned requirements, a company panel will choose 1 winner at random and at their full discretion based on their fulfilment of public competition procedures and dynamics. Clubotel La Dorada will contact the winner personally via a private email.
(i) The winner must respond, expressly accepting the prize within twenty (20) days from receiving the confirmation message from Clubotel La Dorada, with the prize being considered rejected and expired if they do not respond within the aforementioned period, and
(ii) provide their full data (name and surname(s), date of birth, home address, contact telephone number, passport or national ID number, email address, and any other information that may be requested from them by Clubotel La Dorada in order to check their identity and confirm their compliance with the legal terms and conditions).
Once these checks have been made and everything is in order, Clubotel La Dorada will ask the winner to provide the dates when they would like to use the prize.
The acceptance of these legal terms means that the name of the winner may be published by Clubotel La Dorada on any of its channels and/or social networks during the twenty (20) days following the end of this promotion.
In order to obtain the incentive from this promotion, it will be essential for users to correctly adhere to any of the described methods of participation.
Delivery of the incentive shall be conditioned by the winner meeting the conditions specified in these terms and conditions and the truthfulness of the information provided by the winner to Clubotel La Dorada, S.L.
The Promoter reserves the right to remove and automatically suspend any participant without prior warning if it believes they not complying with the terms of participation or that they are abusing or misusing the prize.
For the purposes provided for in Organic Law 1/1982, of 5 May, on Civil Protection of the Right to Honour, Personal and Family Privacy and Self-Image, it establishes that the winner’s acceptance of the prize implies expressly granting the authorisation provided for in Article 2 to Clubotel La Dorada, S.L. to use their name and surname, as well as their image, in any public or dissemination action related to this promotion, without being entitled to payment or to obtaining any benefits other than the delivery of the prize. Refusal will mean that the prize is automatically renounced.
6. - Personal data.
In compliance with current regulations regarding the protection of personal data, Clubotel La Dorada, S.L. hereby informs participants that the personal data provided by them for this promotion will be added to a file owned by Clubotel La Dorada, S.L., with the sole purpose of appropriately handling it. Such data will be processed at all times in full confidentiality and securely, in full compliance with the law on the protection of personal data.
The participant that wins this promotion will be required to provide the personal data which is strictly necessary (name, surname(s), email, and full address) in order to deliver the prize. The participant grants his full and express consent for Clubotel La Dorada, S.L. to contact the winner, and said data will be processed with the utmost confidentiality whilst strictly complying with the current legislation applicable to the processing of said data, and it will be kept for the time necessary to manage said delivery (until the prize is used).
In any case, any winner who provides their data has the rights recognised in the General Data Protection Regulation to access, rectify and delete the data, request its portability, oppose the processing and request its limitation, with them being able to do so by sending an email to email@example.com and including GDPR in the subject. However, we must warn you that removing your data prior to the end of this promotion will mean that you will no longer able to participate in it.
7. - Participation and registration form:
All participants in this promotion guarantee:
(i) to being the owner of all the exploitation rights related to the intellectual property of all the images or videos that they publicly provide and make available within the framework of this promotion, or have the express consent and/or licence granted by the owner of such rights and that, subsequently, the publication of images or videos within the framework of this promotion does not violate any third party rights.
(ii) that with such publication it respects all the provisions and legal limitations contained in Organic Law 1/1982, of 5 May, on Civil Protection of the Right to Honour, Personal and Family Privacy and Self-Image, and that in particular, they have the prior and express consent of all those that appear in the photographs or videos (or their parents’, guardians’ or legal representatives’ in the event that they are minors) for their publication and dissemination within the framework of this promotion.
8. - Limit of liability.
Clubotel La Dorada shall not be liable for, amongst others:
- The use that the beneficiary may make of the incentive.
- The services third companies must provide as a result of this promotion.
- Failures or incidents in the telecommunications systems that will hinder prevent access or the application from working properly.
9. - Reservation of rights.
The Promoter reserves the right to write off those who are misusing the promotion, who perform fraudulent acts or harm other participants or who create speculation or business systems. In the event that Clubotel La Dorada or any entity that is professionally linked to this promotion detects any anomaly or suspects that a participant is preventing the normal performance of the promotion by illegally altering their records through any technical or computer procedures, or performing any fraudulent acts that contravene its transparency, Clubotel La Dorada reserves the right to automatically cancel and even withdraw the incentive without any kind of explanation to all the participants that have benefited directly or indirectly from this type of fraudulent actions, and it may also bring any civil or criminal actions that may correspond.
In this sense, Clubotel La Dorada declares that it has enabled the appropriate technological mechanisms and means to detect any possible fraudulent, anomalous or malicious action that intends to alter the normal participation in this promotion, such as the same person registering for the promotion using different Facebook profiles.
Clubotel La Dorada reserves the right to take legal action against those that perform any type of act that may be considered a manipulation or falsification of the promotion.
Clubotel La Dorada denies all responsibility for damages of any kind that may be due to the temporary lack of availability or continuity of the services through which it participates in the promotion, to the fraud in the usefulness that users may have attributed to them and, particularly although not exclusively, to failures to access the different pages and sending participation responses via the internet or telephone communications set up for this purpose.
10. - Other considerations.
The prize from this promotion will be subject to the tax regulations in force and applicable at all times and their implementing provisions. This applicable regulation could subject the aforementioned prize to taxation, depending on the residence of the winner and the value of the prize, with the tax cost being in any case assumed entirely by the winner, as well as any tax obligations that may arise. In accordance with Spanish tax regulations, the prizes awarded for participation in this type of giveaway are not subject to withholdings or on-account payments provided that the value of the prize is less than 300 euros. In any case, it will be the winner’s responsibility to comply with any tax obligations arising from the received prize.
11. - Acceptance of the terms and conditions.
Participation in the promotion involves fully accepting these terms and conditions and expressly submitting interpretative decisions made by Clubotel La Dorada. Without prejudice to the winner accepting the prize digitally, they may be asked to provide a written document accepting all of the promotion’s terms and conditions.
12. - Modifications.
Clubotel La Dorara reserves the right to make any change, to suspend or to extend this promotion, informing of such with sufficient notice.
13. - Applicable law and jurisdiction.
This promotion is governed by current Spanish law. To hear any dispute that may arise regarding the interpretation or application of these terms and conditions, both Clubotel La Dorada and the participants of this promotion expressly submit to the jurisdiction and competence of the Courts of Barcelona with express waiver of any other jurisdiction that may correspond; this is without prejudice to the application of the mandatory provisions of consumer and user regulations.