TERMS AND CONDITIONS
I.ORGANIZING COMPANY
The enterprise CODORNIU S.A (from now on referred as “ CODORNIU” or “the Organizing company”), of central offices at Av. Països Catalans 38, 2º, C.P. 08950 Esplugues de Llobregat (Barcelona), shall carry out an entirely free promotion, with the following bases:
II. TERRITORIAL AND TEMPORARY SCOPE OF PROMOTION
2.1. Territorial Scope: Spain
2.2. Temporary scope: The promotion will begin on the 29th of May 2017 and finish on the 16th of July 2017 (from now on referred as “Promotion period”). After that date, the promotion will be considered closed.
III. REQUIREMENTS TO PARTICIPATE TO THIS PROMOTION
3.1. Participation to this promotion is free of charge and is aimed at legal adults and with legal residence permit in Spain.
3.2. CODORNIU reserves the right to disqualify any participant who manipulates the registration procedures and / or violates any of the bases contained in this document. CODORNIU also reserves the right to verify by any procedure that it deems appropriate that the winners comply with all the requirements of this document and that the data they provide to CODORNIU are accurate and true. Among other issues, CODORNIU may request documentation from the participants to prove compliance with the requirements to participate. Failure to provide this documentation may lead to disqualification of the participant.
3.3. CODORNIU owners and employees, as well as their respective relatives, ascendants, descendants, spouses or de facto partners are excluded from this promotion.
3.4. In the event that any of the persons excluded from participation were to win, the latter would automatically lose His/Her right to obtain the prize obtained, and the prize would be awarded to the person designated as the next possible winner, who meets the conditions of valid participation.
3.5. CODORNIU will reject any participation that is considered abusive or fraudulent. The finding of any of these circumstances during the promotion will automatically disqualify the participant, as well as the loss of the prize if it had already been granted.
3.6. CODORNIU reserves the right to take legal action against those persons who carry out any type of act that may be considered as a manipulation or falsification of the promotion.
IV. PROMOTION MECHANICS
4.1. The mechanics of the Promotion will be as detailed below:
1. The consumer must access the website www.vinapomal.com/compromiso during the promotional period and design from the available template his own tattoo on the web.
2. In addition, consumer must fill out a registration form with the following information: name, surname, e-mail, contact phone and accept legal bases and privacy policy.
3. Once the tattoo has been sent and the form filled out correctly, the consumer will already be participating in the 1-year draw of Viña Pomal for an entire year. The consumer can participate in the promotion a maximum of 20 times during the promotional period.
CODORNIU reserves the right to eliminate from the raffle those participants that violate what is established in the present bases or that according to its criteria could jeopardize the dignity of the people or violate the values and rights recognized in the Constitution, especially with regard to children, The youth and women, as well as any other of which it is credited that he/she is not the author.
CODORNIU is exempt from all responsibility regarding the text and personalization of the tattoo with which the consumer participates and, in general, other inconveniences that may arise from causes beyond the company control.
4.2. The Winners of the Promotion will be determined as follows:
1. Among all the entries received during the promotional period, a final draw will be held before a notary from the 17th to the 30th of July 2017.
2. Once awarded the winner of the draw, three “reserves winners” will also be designated in the event that the winner does not meet the requirements of these rules for obtaining the prize. The order of substitution of the reserves will be the same one in which they were designated.
3.Within a maximum period of five (5) days after the draw, The first price winner will be contacted via email.
4. Once the prize has been communicated via email, the winner must send an e-mail to info@vinapomalpromocion.com within 10 calendar days with the image of his color ID (face and back) in order to validate his prize.
5. If after 20 days of sending the first communication to the winner via email, the winner's documentation has not been received, the prize will be invalidated and will be passed on to the first “reserve winner”.
6. Once the participant has sent the documentation and it has been validated and declared correct, another email will be sent with the confirmation of his/her prize.
7. In the event that the winner or substitutes do not comply with the requirements set forth in these rules, they will be denied the right to the prize. The prize would then remain with no winner.
8. The acceptance of the prizes by the winners is voluntary and free of charge, so no claims can be made for that reason.
V.PRIZE
5.1. The prize consists of delivering to the winner, 8 boxes of Viña Pomal. Below the detail of the number of boxes per variety of Viña Pomal:
-3 boxes of Viña Pomal Crianza
- 2 boxes of Viña Pomal Reserva
- 1 box of Viña Pomal Blanco (White)
- 1 box of Viña Pomal Rosado (Rosé)
- 1 box of Viña Pomal Ecológico (Organic)
The prize will be limited to 1 unit per person and household and will not be exchangeable for its amount in cash, nor for another prize, nor susceptible of change, alteration or compensation at the request of the winner. The Re-sale of the prize is prohibited.
The withdrawal of the participant for the prize, will not give any right to any type of compensation.
VI. PRIZE DELIVERY
6.1. The prize will be sent free of charge to the address indicated by the winner.
6.2. The prize will be awarded to the winner every two (2) months in the maximum term of sixteen (16) months, from the date the winning participant was notified. In each delivery the winner will receive a single box with the products detailed above, up to the total of the 8 boxes.
The organization reserves the right to modify the number of deliveries, as well as the number of boxes per delivery up to the total of the prize. These modifications will be communicated to the winner 15 days before the next delivery.
However, if in any of the deliveries, two attempts are made to deliver the prize to the winner and such delivery were not made for reasons attributable to the winner, the winner would lose all right to receive the prize as well as to exercise any claim. Without prejudice to other possible causes of non-delivery being considered as attributable to the winner, it will be considered causes attributable to the winner to have provided CODORNIU with erroneous location data.
6.3. CODORNIU is not responsible for any incidences on delivery or any other circumstance attributable to a third party that affects the gifts of this promotion.
VII. GENERAL PROVISIONS AND LIMITATION OF LIABILITY
7.1. CODORNIU reserves the right to vary any of the gifts and/or characteristics of the gifts the, as well as the conditions of the promotion if necessary.
7.2. Although CODORNIU will do everything possible to avoid the supply of incorrect or false data or documents by the participants, CODORNIU will not be responsible for the accuracy of the data or documents provided. Therefore, if the data or documents provided are not correct or have errors, CODORNIU will not be responsible for not being able to contact potential winners to communicate the result, for not being able to manage with them the delivery of the prize and for all incidents that could derive from the incorrectness or falsity of the data or documents supplied.
7.3. The maximum term established for any type of claim referred to and/or related to the promotion will terminate within two months from the end of the promotion. Upon expiration of this period, all rights of claim will be forfeited.
7.4. The organizing company is exempt from all responsibility in the event of service interruptions, delays, errors, malfunctions and, in general, other problems of electronic communication that originate in causes beyond the control of CODORNIU and that may prevent the normal development of the promotion and more especially by external acts of bad faith.
7.5. Nor will the organizing company be responsible for problems of transmission or loss of data not attributable to the company.
7.6. CODORNIU reserves the right to exclude participants if they contribute or hang material containing viruses, worms or any other computer code directed or capable of damaging, interfering, intercepting or violating the security of any system, information or data, as well as when the personal data provided are incorrect or false.
VIII. ACCEPTANCE AND ADVERTISING OF THE BASES 5
8.1. The participation in the present promotion supposes the complete acceptance of the present bases. The organizing company reserves the right to vary these bases in non-substantial aspects if the circumstances so require and to resolve any doubts that may arise from such changes. In that case, the organizing company will notify in the same channels where the promotion has been previously announced and will give the modification the same degree of publicity as the original promotion.
8.2. The basis of the competition will remain published during the Promotional Period on the website www.vinapomal.com/compromiso
8.3 The organizing company also reserves the right to cancel, extend, cut or modify the promotion if circumstances so require, without having to justify the decision and without any liability being claimed as a result. This being true as long as it does not cause prejudice to the rights acquired by the participants.
8.4. To solve any doubts or questions on how the promotion works, participants can contact us by email at info@vinapomalpromocion.com. This address will remain operative until July 31st, 2017.
8.5. The basis of this promotion will be deposited with the Notary of the Official College of Barcelona, Notaries Roca & Olle, at the address Carrer Aribau, 200-210, 08036 Barcelona. Consumers can freely contact them at their own will.
IX. DATA PROTECTION
In accordance with the provisions of the Organic Law 15/1999 of the 13rd of December on the Protection of Personal Data (hereinafter LOPD) and its related regulations, as well as the Law 34/2002 of the 11st of July, of the Information Society Services and Electronic Commerce (hereinafter LSSI) CODORNIU informs participants that the personal data provided during their participation in the promotion will be incorporated into a personal data file owned by CODORNIU, at Av. Països Catalans 38, 2º, CP 08950 Esplugues de Llobregat (Barcelona), with NIF A08014953.
The purposes of collecting Personal Data are as follows:
(i) be able to manage the participation in the promotion, determine and deliver the prizes that correspond to participants;
(ii) conduct advertising and commercial prospecting activities, including sending commercial communications adjusted to personal profile by any means, including electronic means, on all products and services of the Codorníu Group.
According to this, the participant users guarantee that the personal data provided to CODORNIU, for the occasion of the present promotion, are truthful and are responsible for communicating any modification of the same. Likewise, in accordance with what is established in the LOPD, it is understood that their consent to the processing of personal data provided is exclusively for the purposes mentioned above. However, in case the participants do not wish to receive commercial communications, they shall please indicate it in the box enabled for that purpose in the data collection form.
CODORNIU informs participants of the possibility of exercising their rights of access, rectification, cancellation and opposition by means of a written request addressed to CODORNIU, at Av. Països Catalans 38, 2º, C.P. 08950 Esplugues de Llobregat (Barcelona), or by sending an application by email to info@codorniu.com.
X. INTELLECTUAL AND INDUSTRIAL PROPERTY
The rights of intellectual and industrial property in the creations, logos, published contents, information, images, videos, brands and other audiovisual or sound content, as well as any other material susceptible of protection, contained in all means of publicity and development of the promotion, belong Exclusively to CODORNIU or to third parties that have authorized their inclusion in it.
The use of any of the elements of industrial and intellectual property for any purpose, especially commercial, as well as its modification, alteration, transformation, reproduction, distribution, publication, public communication, transmission to third parties and / or Other use or exploitation, regardless of how the activities may take place, is a forbidden without CODORNIU's prior expressed written consent.
XI. IMAGE RIGHTS
Acceptance of the prize will entail the authorization, on the part of the winner, to use for publicity purposes and without any cost, his name, image, creation of the tattoo and other rights derived in the material related to this promotion.
XII. FISCAL IMPLICATION
In accordance with the legislation regulating the Income Tax on Individuals on the value of the prizes will be applied, where appropriate, the corresponding entry into account. The winner must provide a photocopy of their ID, as well as fill in the documentation necessary, so that the organizers can fulfill their fiscal obligations.
XIII. APPLICABLE LAW
This promotion is governed by Spanish law.
CODORNIU and the participants accept that any controversy related to the present Basis will be submitted to the Courts and Tribunals of the city of Barcelona, expressly renouncing to any other jurisdiction that may correspond to them.