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1º.- The organizer or promoter of the raffle and / or contest must be clearly identified, as well as the brand, making it clear that the contest or raffle consists of a promotional action that cannot mislead the consumer or user.
2º.- Define very well the systematics or dynamics of the draw and / or contest, anticipating problems that may arise, making it very clear what the prizes are and perfectly defining what requirements the participants must have (which in no case may be discriminatory or violators of rights), who will be the winner and depending on what criteria or under what circumstances (by jury, random draw, with an application … In addition to how the winner will be notified and what happens if there is no response from the winner, it is say, if there is a substitute winner or is it deserted, etc. We must be very clear on that, avoiding all kinds of ambiguities.
3º.- Establish the territorial scope: This is very important because if the scope of the contest is autonomous, the regional rules will apply and if it is supra-autonomous, the national rules will apply. It should be taken into account that, if we do not define that the territorial scope is Spain, an administration from another country may arrive compelling us to pay a penalty because we have not complied with the rules on draws / contest of that country. So be very careful with that.
4.- It must be clearly stated until when participants are accepted, the date of the draw, etc. In short, there are no doubts about the deadlines or dates in which the promotional action will be carried out.
5º.- The prizes must be clearly detailed
6º.- In the event that a Jury is chosen to choose who is the winner of the contest, it will be convenient to state who composes it. Suffice it to say, for example, that it will be made up of managers from the campaign organizer.
7º.- It will be very convenient in the event that the contest consists of sending, uploading or sharing content, be it phrases, photos, drawings, etc. that the organization reserves the right to withdraw from the contest those contents that in its opinion are inappropriate, of dubious taste, that incite hatred or that violate the rights of third parties because they are racist, xenophobic, apology of terrorism or an attack against human rights. Imagine the case that our bases say that the photo that is uploaded to a certain social network and gets more votes will win the contest and that in addition to a cash prize, the winning photo will preside over the home page of our website for six months. Let’s continue imagining that the photo that gets the highest number of votes by users of the social network is that of someone “making a bald head.” We will have to put that photo for six months on our home. Be careful, you know, it is convenient to avoid the “Chikilicuatre effect”.
8º.- Of course, the bases must include that in the event that participants have to send or upload content to the Internet, that they are original and that they are responsible for their authorship.
On the other hand, and also in relation to the industrial property of the works submitted to a contest, it is also very necessary to include a clause in which the rights to exploit the copyright of the works submitted to the contest are transferred, with the Purpose of disseminating them on social networks or for the purpose that the organizer deems appropriate, such as making t-shirts with the drawing or design of a winning logo of the contest.
9º.- It is not irrelevant to foresee causes of suspension or extension in the term foreseen due to lack of participants, for example, or to require a minimum number of participants.
a) That your data will be included in a file owned by the organizer of the draw / contest
b) Who is the data controller
c) What will your data be used for and whether or not it will be disclosed to third parties.
d) Who are the data processors who will have access to your data
e) Where you can exercise your rights of access, rectification, cancellation and opposition.
11º.- Finally, whenever we want to organize a raffle or contest through a social network, we must first read the conditions that such social networks establish for the organization of raffles or contests. For example, there is some social network that prohibits tagging users within the dynamics of the contest, because it considers that it can annoy the users of the same. This is important, because we may have designed a great contest, but if you violate any of the rules of the social network in question, we may find that the sweepstakes or contest is withdrawn. So very attentive to this as well.
In order to encourage the use of the different services offered by the company, the commercial entity Sociedad de Procedimientos de Pago, SL, with registered office in Madrid, calle Francisco Sancha, 12, and provided with NIF number B-87599478 (hereinafter , “SdPP”), promotes the performance of different promotional actions, which will be governed, in general terms, by these legal bases (hereinafter, “the Legal Bases”).
SECOND. – Particular conditions
The necessary requirements to participate in a specific promotional action are described in the dissemination material for each of them, which will include, among others, the information regarding the duration of the corresponding action, the form of participation and the prizes. associated with it.
THIRD.- Promotion period
The start and end dates of each promotional action will be duly detailed in the dissemination material associated with it.
QUARTER. – Territorial scope of the promotion
The different promotional actions carried out by SdPP will be valid throughout the territory of Spain.
FIFTH. – Nature of the promotion
Participation in the different promotional actions carried out by SdPP is free and will be organized under the mechanics of the contest for participation in Social Networks or, alternatively, through the mechanics of the raffle.
None of the promotions will be sponsored, endorsed, administered, or associated in any way with Instagram, Twitter or any other social network.
SIXTH.- Limitation of participation
SdPP employees are excluded from participating in this Promotion.
SIXTH. – Participation requirements
All those individuals of legal age and residents in Spanish territory who, in their capacity as consumers, act with a purpose other than their commercial, business, trade or profession, are registered in the Bizum Service through any of the Entities Adhered to it, and as long as the rest of the conditions or requirements that may be defined for each specific action are met.
The list of Member Entities can be consulted at the link www.bizum.es.
Employees of the organizing company SdPP may not participate.
SEVENTH. – Operation of promotional actions
The details associated with each of the promotional actions that SdPP carries out will be identified in the dissemination material associated with each of them, however, in general terms, it is stated that:
(i) In the event that the promotional action is organized under the form of a “contest”, the formula to choose the winner or winners of the same will be based on the merit or expertise of the participant, without the participant having to do any type of Economic outlay to participate, either directly or through telephone calls, sending text messages or any other electronic, computer or telematic procedure in which there is an additional fee.
(ii) In the event that the promotional action is organized under the modality of “raffle”, the formula to choose the winner or winners of the same will be based on the selection under a random combination, without the latter having to pay any surcharge or additional pricing, different, where appropriate, from the mere consumption of the product or service.
EIGHTH. – Awards
The prizes associated with each promotional action will be described in the dissemination material associated with each one of them, in which the nature of these and the number of units will be identified.
In general, the prizes will be subject to the following conditions: – The prizes may not be subject to any change, alteration or compensation at the request of the awarded participant.
– The awarded participants may waive the prizes obtained, but in no case will an alternative prize be offered, nor will said waiver give the right to compensation or compensation.
NINTH. – Election and notification of the winners
The formula that will be used to choose the winner or winners of each promotional action will be described in the corresponding dissemination material. Similarly, SdPP may also select a certain number of alternates who would be eligible for the prize in the event that the previously identified winners renounce it, cannot be located or do not comply with the conditions described in these Legal Bases and participation requirements. that could have been defined.
Once the number of winner or winners that are applicable in each case has been selected, SdPP, in its capacity as the organizer of the promotional action, will contact them through the means indicated for this purpose and will send them the corresponding Award Acceptance Document that must be completed and sent in accordance with the instructions indicated in each case.
In the event that SdPP detects any anomaly or has suspicions that a participant is preventing the normal development of a certain promotional action, harming its purposes, or carrying out any fraudulent acts that threaten its development, SdPP reserves the right to cancel the participant or participants involved, all without prejudice to any other legal measures that it deems appropriate to undertake.
In any of the promotional actions carried out by SdPP, SdPP is exonerated of any liability that may arise due to circumstances attributable to third parties that could affect the development of said actions and, especially, the delivery of the prizes associated with each one of them.
Any claims arising from the performance of a specific promotional action must be submitted within the three (3) month period following the date it is held.
THIRTEENTH.- Data Protection
Basic information on Data Protection
Responsible for Sociedad de Procedimientos de Pago, S.L.
Purpose Participation in the promotion, certify compliance with the participation requirements and, where appropriate, communication and management of the award ceremony
Data Name, surname, mobile phone number and postal address.
Legitimation Consent of the interested party
Recipients No data will be transferred to third parties except legal obligation.
Origin The data is obtained from the interested party
Rights Access, rectify and delete the data, as well as other rights, as explained in the additional information
Additional information You can consult the additional and detailed information on Data Protection on the web portal www.bizum.es
In accordance with the applicable legislation, the taxation concerning each of the prizes will be regulated based on the following:
(i) Prizes with a value greater than three hundred and fifty-one euro cents (€ 300.51) will be subject to withholding or payment on account of the Personal Income Tax (IRPF), which will be practiced by SdPP , which will bear the amount thereof. Similarly, in due course, SdPP will issue the appropriate certification that will facilitate the awarded participant to comply with their tax obligations.
(ii) Regarding prizes with a value of less than three hundred euros and fifty-one euro cents (€ 300.51), SdPP will not be obliged to apply withholding on account of Personal Income Tax (IRPF), Without prejudice to which, the recipients of such awards are informed that they are considered to be capital gains not derived from transmissions, being subject to direct taxation (IRPF), being the responsibility of each of them to comply with their respective Fiscal obligations.
SdPP will not be responsible for the fiscal repercussions that the acceptance of the prizes could have on the taxation of the winners, who will, in any case, be on their behalf.
FIFTEENTH.- Authorization of use of name and transfer of image rights
Each of the winners authorizes SdPP to reproduce and use their name, surname and image, in any advertising or promotional activity in any medium or media (TV, Internet, Social Networks or others) related to the promotional action that in each In any case, throughout the world and with a temporary duration of two (2) years from the date of acceptance of the award, without this conferring the right to remuneration or any benefit, except for the award received. The creations, whatever their modality, that SdPP may develop for the aforementioned purposes, will be owned by SdPP and it will be understood that, by virtue of the prize received, the winning participant exclusively assigns all the exploitation rights over them, always that this does not imply modification of the personal data of the awarded participant.
Said consent may be revoked, at any time, by the winners, having to compensate, where appropriate, SdPP for the damages caused.
SIXTEENTH.- Acceptance of the Legal Bases
Participation in the different promotional actions implies full acceptance of these Legal Bases and the participation requirements that may be applicable in each case, as well as acceptance of SdPP’s criteria in the interpretative decisions made therein.
SdPP, in the event of force majeure beyond its control, reserves the right to make any change, suspend, shorten or extend the period of duration of a certain promotional action, committing itself to give such modifications the degree of publicity. as necessary.
EIGHTEENTH.- Applicable legislation and jurisdiction
The promotional actions that SdPP may carry out will be governed by current common Spanish law.
For any controversy that may arise from the interpretation and application of these Legal Bases or the participation requirements of a certain promotional action, both SdPP and the different participants expressly submit to the jurisdiction of the Courts and Tribunals of Madrid capital, without prejudice to the jurisdiction that by law may correspond to the consumer.
(+34) 922 072 364
(+34) 662 646 510
(+34) 922 072 364
(+34) 662 646 510