TERMS AND CONDITIONS OF THE GMODELO EUROPA, S.A.U.
“ENVÍA TU PLAYA 2013″(SEND YOUR BEACH 2013) CONTEST
FIRST. – ORGANIZER, TERRITORIAL SCOPE, TIMEFRAME AND PARTICIPANTS
The business entity GMODELO Europa S.A.U., domiciled at Calle Pradillo, 5, Madrid 28002 and with tax identification number CIF A-80684111 (hereinafter GMODELO), will carry out a promotion for their product CORONITA that will take place in the form of a “contest”, which will be open to all Internet users over the age of 18 but limited to residents in the UK, Spain, Republic of Ireland, Greece, Albania, Belgium, Luxembourg, Estonia, Latvia, Lithuania, Malta, Turkey, Portugal, Austria, Germany, Switzerland, France, Russia, Ukraine, Norway, Sweden and Denmark), who access the websites www.coronitasavethebeach.org or www.coronasavethebeach.org or the webpage https://www.facebook.com/savethebeach and following the steps contained in the application created for this purpose, which will run from 21 February until 30 June 2013, inclusive, under the conditions detailed below.
SECOND. – PURPOSE
The purpose of the present contest consists of recovering a beach in Europe.
The prizes for the present contest consist of the following:
-1 prize consisting of the recovery of one European beach each year, which will be selected according to the mechanics detailed below.
The recovery of the beach shall consist of:
• The recruitment and training via web pages, Facebook and Volunteering social networks for collecting garbage in the sandy areas of the beach voted on by the internet users.
• The entire Volunteer team shall be equipped with regulatory cleaning uniforms provided by GMODELO: Gloves, overalls and masks.
The direct expenses incurred in the recovery of the beach on the agreed date will be absorbed by GMODELO.
-1 prize consisting of 1 trip for two people to Ibiza, which includes round-trip tickets on a regular airline and accommodation for two nights with breakfast included in a tourist class hotel, which shall be selected according to the mechanics described hereunder.
In the event of force majeure or due to reasons beyond the control of GMODELO, GMODELO could replace the aforementioned prize with another prize of equal or similar characteristics.
FOURTH. – PARTICIPATION MECHANICS
Regarding the prize consisting of the recovery of the beach, during the aforementioned promotional period, all those internet users over the age of 18 who access the web pages www.coronitasavethebeach.org or www.coronasavethebeach.org can send photos and videos of the beach that they believe needs the help of the present contest for its complete recovery.
The technical specifications for sending photos and videos are as follows:
-Maximum size of videos and photos: 14mb.
-Video format: mpeg, wmv or avi.
-Length: 1’30” maximum.
From among all the proposals sent by participants up until the final day of the aforementioned promotional period, GMODELO shall select, through the Judges Panel which will be described hereunder, a shortlist of 10 finalist beaches. Likewise, GMODELO shall publish on the above-mentioned web pages the shortlist of the 10 selected beaches so that participating users can vote on their favourite proposal.
The voting dates for the shortlist will be duly communicated by GMODELO on the above-mentioned web pages.
The two most-voted proposals shall be the finalists.
GMODELO shall duly announce on the web pages the event and procedure for determining which one will be the final winning beach.
In all cases the authorship and intellectual property rights of the proposals received must belong to the participants themselves, expressly forbidding the use of images belonging to third parties no matter the source or how they were obtained. Participants also, by the mere act of participating in this contest, in acceptance of the terms and conditions, guarantee the authorship and ownership of the images used and free GModelo from all liability for the misuse of images that violate the rights of third persons.
Expressly forbidden is the use of defamatory, obscene or threatening images or images that invade the privacy or image rights of third parties, or are in any way abusive or objectionable.
-Regarding the prize trip to Ibiza, among all the proposals uploaded by registered users to the website www.coronasavethebeach.org or www.coronitasavethebeach.org, a Judges Panel appointed by GModelo will choose the winner based on the proposal’s rationale and its quality.
-Participants who are residents of the countries listed above and using GMODELO’s application in the Facebook social network platform (www.facebook.com/Coronita) can also upload their beaches and vote, subject to the requirements contained in these terms and conditions, and may choose, in this case, the prize trip to Ibiza.
FIFTH. – JUDGES PANEL
A Judges Panel made up of Representatives of GMODELO shall choose, on the date that will be duly announced on the above-mentioned web pages, the two most voted finalist proposals and the event and procedure for determining which shall be the winning beach, as well as the winning proposal among all those presented.
The participants in the present contest must abide by the instructions and information delivered by the Judges Panel and therefore the Judges Panel’s decisions are not open to appeal.
SIXTH. – LEGAL CLAIM
The period for making a legal claim regarding any problem or outcome related to the present contest will end thirty days from the end of the promotional period.
SEVENTH. – ACCEPTANCE OF TERMS
The participants, due to the mere fact of participating in the present contest, accept its terms and conditions and the criteria of the Judges Panel in terms of the decision derived from the development of the contest.
EIGHTH. – ANNOUNCEMENT OF THE WINNING BEACH AND PROPOSAL
The winning beach and proposal shall be published on the web pages www.coronitasavethebeach.org or www.coronasavethebeach.org, as well as on GMODELO’s application on the Facebook social network (https://www.facebook.com/savethebeach) starting on the date of the event where the winners of this contest are determined.
NINTH. – LIABILITY DISCLAIMER FOR ANY MALFUNCTIONING OF THE INTERNET
The organizing company is exempt from all liability related to any malfunctioning of the Internet network, or incorrect transmission of content, which impedes the normal development of the contest due to causes beyond the control of the company and especially due to acts of bad faith.
TENTH-. – PERSONAL DATA PROTECTION
In compliance with Organic Law 15/1999 of 13 December, for Personal Data Protection, and the Law 34/2002 of 11 July, relating to information society Services and electronic commerce and other provisions contained therein, the voluntary posting of personal data (including email address and mobile phone number) in order to take part in this contest represents the participating user’s consent, enabling GMODELO EUROPA S.A.U., as the party accountable for the file, or partnering companies who handle and manage the data files to process and automate the data for advertising purposes or commercial prospecting. This data may also be included in an automated file which will be used to communicate with the participant in the future, who has agreed to allow the use of this medium to receive commercial messages from the aforementioned company relating to products and services from the alcoholic beverages sector as well as those relating to this contest.
If you do not wish to receive commercial information via electronic mail or other equivalent electronic channels, mark the box indicated for this purpose.
The response to the personal data request is optional and the refusal to provide the data will not cause any negative consequences except the inability to participate in this contest.
The participant shall have the right to access said file to oppose, modify, correct or cancel, all or partially, its content only by sending a request to firstname.lastname@example.org or by post to the address of GMODELO EUROPA, S.A.U. (C/ Pradillo, 5, 28002, Madrid) or via email email@example.com.
In this case, the data will be recorded by GMODELO EUROPA, S.A.U.
ELEVENTH. – FRAUDULENT PARTICIPATION
In the event that GMODELO or any entity professionally linked to this promotion detects any anomaly or suspects that a participant is preventing the normal development of his/her participation in the contest, by illegally altering his/her registration or his/her entry to the contest by any technical or computerized procedure so as to forge his/her participation, the registration of this participant shall unilaterally be eliminated.
In this respect, it is important to add that GMODELO has authorized the necessary technological supports to detect any possible fraudulent, unusual or false action that aims to alter the participation in the contest in an attempt to win the prize illegally. Therefore, GMODELO reserves the right to delete the registration of any participant that seems to have or is suspected to have acted irregularly as described, without any notice to the said participant.
TWELFTH. – WINNER/S IMAGE RIGHTS AUTHORISATION
The winners authorize GMODELO, the organizing entity, to reproduce and use their name, surnames, address and image in any advertising-promotional activity related to the contest won, without granting them the right of remuneration or any benefit for their use.
THIRTEENTH- TAX POLICY
The Law 35/2006 of 28 November will be applied to the prizes of the present contest, which approves the Impuesto sobre la Renta de las Personas Físicas (Spanish Personal Income Tax) and the partial modification of the Laws for Corporation tax, for Non-resident tax and for personal assets tax; Royal Decree No. 439/2007, of 30 March, which approves its Regulation and its subsequent modifications; Royal Decree Law 20/2011, of 30 December, for urgent measures in terms of budgets, taxes and finance for the correction of the public deficit, in its final Second Disposition point 4; First and Third transitory provisions of Law 13/2011 of 27 May, for the Regulation of Gaming; the first additional provision of Law 25/2009, of 22 December of the Modification of several laws for their adaptation to the Law for free access to service activities and their practice, and article 48, section 6, and section 7, number 12 of Law 13/2011, of 27 May for the Regulation of Gaming and the procedure for its computerized presentation and other dispositions agreed upon and dictated in its development for which, if applicable, the trade entity GMODELO shall make the payment on account or withhold the appropriate amount.
FOURTEENTH. – EXPRESS CONSENT OF UTILIZATION
The holder of the winning proposal gives his/her express consent to GMODELO to use his/her proposal in all advertising material with the present contest, as well as the distribution of any advertising media (including Internet) without time or territorial limits and for no economic compensation due to this circumstance.
FIFTEENTH. – ACCEPTANCE OF TERMS AND CONDITIONS
The simple fact of participating in the contest implies the full acceptance of the present official terms and conditions that have been registered before the Notary Public Carlos del Moral Carro, and can be consulted in the web pages www.coronitasavethebeach.org and www.coronasavethebeach.org.
Likewise, GMODELO shall, in the event of detecting fraudulent use of the contest, modify the present conditions in those provisions relevant in order to achieve a correct functioning of the contest.
The participants and users can resolve their doubts with the contest via the following electronic email: firstname.lastname@example.org.
SIXTEENTH. – CONTEST MANAGEMENT THROUGH THE FACEBOOK PLATFORM
The Facebook platform does not sponsor, endorse or administer in any way this GMODELO contest, nor is it associated with it. As such, the participant shall not be in any way affiliated with said social networking platform.
GMODELO will inform participants of any issues and circumstances relating to this contest through the web pages www.coronasavethebeach.org and www.coronitasavethebeach.org.
SEVENTEENTH. – DEPOSIT OF TERMS AND CONDITIONS
The Terms and Conditions of the present contest are registered and notarized before the Notary Public of the Association of Madrid, Carlos del Moral Carro, with office on Calle Serrano, No. 38, 2ª planta, 28001, Madrid, and published in the Electronic File of Contest Conditions (ABACO) service of general interest offered by the General Notary Board and published in www.notariado.org/liferay/web/notariado/e-notario and shall be available to any person who wants to consult them, as well as on the web pages www.coronitasavethebeach.org and www.coronasavethebeach.org.