Legal Bases Promotion
'I want to go to the Hotel Zahara Beach'
May 2022
1.- Organising company
The company SILVER TERRA 21, SL (hereinafter, may be identified as "THE ORGANISER") with registered office at PUERTA ALJARAFE PARQUE ALJARAFE S/N 0. 41940 - TOMARES, is organising a CONTEST called 'I want to go to Zahara Beach Hotel'.
2.- Dissociation with respect to Facebook
Facebook does not sponsor, endorse or administer this promotion in any way, nor is it associated with it. The user dissociates himself/herself completely from Facebook and is aware that he/she is providing his/her information to THE ORGANIZER and not to Facebook. The information provided will be used to: manage the participation of the contestant and to communicate the final prize.
3.- Object and mechanics of the contest.
The prize will be 1 night's accommodation + SPA + Parking at Hotel Zahara Beach.
The date to choose will be from Sunday to Thursday and will always depend on the availability of the accommodation.
Basic requirements to participate: Leave a comment in the publication of the draw, explaining 'I want to go to Hotel Zahara Beach'. It is not required in any case: to be a follower of the page, share it on the profile or tag yourself in the image.
Votes are not required, the simple fact of participating by fulfilling the aforementioned requirements will be enough to enter the draw. Inappropriate entries will be deleted. Entries submitted may not have been awarded prizes in other competitions or previously published in any professional media, including electronic media, with the exception of social networks for personal use. Participation in the Competition implies the transfer and express authorisation of all intellectual property and image rights over the entries, so that the participant transfers to the ORGANISER the rights of exploitation of an intellectual, industrial and/or image nature that may correspond to him/her or derive from the entries sent to participate in the Competition.
4.- Duration and Scope
The activity will take place in Spain. The start date of the competition will begin on Tuesday 23 May 2022 (14:45h) and will end on Sunday 29 May 2022 (23:45h).
5.-Participation requirements
The following may participate in the Promotion:
- All natural persons over 18 years of age who are fans of the official Facebook page https://www.facebook.com/Hotelzaharabeach (from now on it will be referred to as THE ORGANISER) and who have a real user profile on Facebook.
The following are not eligible to participate: Company employees, fraudulent profiles or minors.
6.- Selection of the winner/winners, alternates, communication and delivery
The names will be published through a link on the Facebook wall of THE ORGANISER within a maximum period of 10 days following the end of the competition. In order to protect their privacy, the winners will be announced by the name they have left in their participation. Once named, they will have to send an email to info@hotelzaharabeach.com or a private message to the Facebook page of the organiser, leaving a contact telephone number so that THE ORGANISER can contact him/her. If one of the winners does not reply within ten calendar days of the publication of the winners on the wall, his/her prize will be declared void.
7.- Prizes
The prize will be 1 night's accommodation + SPA + Parking at Hotel Zahara Beach.
The date to choose will be from Sunday to Thursday and will always depend on the availability of the accommodation.
8.- Acknowledgements, authorisations and transfer of rights.
The winners and participants in this promotion expressly authorize SILVER TERRA 21, SL to reproduce, use and disseminate your name, surname, image and any other information provided in any advertising and / or promotional activity that is related to this promotion, all in any medium, including internet, post photos of the winners on the web, without such activities confer them the right to remuneration or benefit with the exception of the delivery of the prize won in accordance with these rules.
The participant transfers to SILVER TERRA 21, SL without limitation, all rights and image that may correspond to their participation and contribution to the contest, and especially the rights of exploitation (reproduction, distribution, public communication and transformation). The assignment of the aforementioned rights is carried out, in any modality, and during the legal term of duration of said rights and for the worldwide scope, authorising their exploitation in any modality, support, format, and through any technical procedure.
For the purposes of the provisions of current legislation, the participant grants SILVER TERRA 21, SL express permission to use, according to the usual uses on the Internet, data, photographs, images and other works, provided, as well as, in general, any other information relating to it that may be considered appropriate or necessary for the realization or commercial exploitation.
In any case, the transfer of the aforementioned rights will be free of charge.
9.Responsibility.
SILVER TERRA 21, SL does not acquire any duty or contractual obligation with the participants and reserves the right to cancel or delete any content without the consent of the participant and excludes any liability that may arise from errors in the arrival of the comments, by deficiencies of the Internet Service. Also, SILVER TERRA 21, SL reserves the right to discard the participations that it detects fraudulent or inappropriate according to these RULES.
SILVER TERRA 21, SL will not be liable for any other damages in accordance with the Terms and Conditions, including those that have not been expressly mentioned.
Upon receipt of the prize, the winner agrees to release and hold harmless THE ORGANIZER and its respective branches, subsidiaries, affiliates, suppliers, distributors, advertising/promotional agencies and prize suppliers, as well as their respective parent companies and the officers, directors, employees and agents of such companies (collectively the "Released Parties") from any claim or demand arising out of participation in the Contest or receipt or misuse of any prize, to the extent permitted by applicable law. In no event shall this release affect your non-waivable rights.
Except where prohibited, participation in the Contest constitutes the winner's consent to the ORGANIZER and its agents to use the winner's data, such as name, surname, tastes, photograph, voice, options and/or email and postal address, for promotional purposes in any media, worldwide, for one year, without any payment or consideration whatsoever.
THE ORGANIZER reserves the right to cancel, suspend and/or modify the Contest, in whole or in part, in the event of fraud, technical failures, or any other factor beyond Sponsor's reasonable control that prevents the integrity or proper operation of the Contest, in Sponsor's sole judgment. THE ORGANIZER further reserves the right to disqualify any person who manipulates, in its sole discretion, the entry process or the operation of the Contest or acts in violation of these Rules or any other promotion or in a disruptive or unsportsmanlike manner. Any attempt to deliberately impede the legitimate operation of the Contest may be a violation of criminal and civil law, and in the event of such a violation, THE ORGANISER reserves the right to seek damages from any person to the extent permitted by law. The ORGANIZER'S failure to comply with any of the terms of these Rules shall not constitute a waiver of such provision.
THE ORGANIZER is not responsible for any abnormality in the operation of the profile of THE ORGANIZER on Facebook that for technical or other reasons beyond the control of THE ORGANIZER, could interrupt, suspend or prevent the development and / or participation in this Promotion.
THE ORGANIZER is not responsible for possible losses caused during the mailing of the packs to the winning participants.
This promotional sweepstakes is not sponsored, endorsed, administered or associated in any way with Facebook. Accordingly, entrants release Facebook from any and all liability.
To the fullest extent permitted by law and without adversely affecting any unwaivable rights, SILVER TERRA 21, SL shall not be liable for:
(1) incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the programs or equipment associated with or used in the Contest;
(2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, disconnections in telephone lines and network hardware or software;
(3) unauthorised human intervention at any time during the course of the partition or the Contest;
(4) technical or human errors that may occur in the administration of the Contest or treatment of entrants;
(5) any entry that is received late, lost, damaged or stolen;
(6) any damage to persons or property that may be caused, directly or indirectly, in whole or in part, by the participation of candidates in the Contest or the receipt of the prize or the due or improper use of the prize. If, for any reason, an entrant's application is confirmed to have been deleted in error, lost or otherwise destroyed or becomes corrupt, the entrant's sole remedy is to reapply to enter the Contest, provided that, if it is not possible to offer a new entry due to discontinuance of the Contest, or any part thereof, for any reason, the Sponsor may choose, in its sole discretion, from all applications received up to the date of discontinuance of any or all of the prizes offered in this Contest. No prizes will be awarded in excess of the stated prizes.
Except where prohibited, entrants agree that:
(1) any dispute, claim or demand arising out of or in connection with this Contest or any prize shall be resolved on an individual basis exclusively by the Courts of Seville Capital, any such claim, judgment or prize shall be limited to actual out-of-pocket expenses, plus costs incurred in registering for the Contest, but, in no event shall involve attorney's fees;
(2) under no circumstances shall entrant obtain payment for any expenses other than out-of-pocket expenses actually incurred, and entrant hereby waives any and all rights to claim indirect, punitive, incidental, consequential and any other damages, as well as any rights that would have increased or enhanced such damages in any way. All issues and questions relating to the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the entrant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of Spain without giving effect to any conflict of laws rules (whether of Spain or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Spain.
10.- Data protection
Participants' data will be processed in accordance with the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data (LOPD) and Royal Decree 1720/2007, of 21 December, which approves the Regulations for the Development of Organic Law 15/1999, of 13 December, on the Protection of Personal Data (R.D.L.O.P.D). In compliance with the provisions of article 5 of the LOPD, the personal data of the participants will be included in the file "SORTEOS Y PROMOCIONES" whose responsible and owner is SILVER TERRA 21, SL in order to manage the development of the promotion and the delivery of prizes.
Similarly, the data of participants may be used for advertising or commercial prospecting of products, services and activities included in electronic communications.
Participants expressly authorise SILVER TERRA 21, SL to inform them of new services, promotions and commercial actions that this company may subsequently organise, by sending e-mails, and to communicate the data to any companies in the group to which it belongs. The rights of opposition, access, rectification or cancellation of this data may be exercised at any time by sending a request to the e-mail address info@hotelzaharabeach.com or to the following address: PUERTA ALJARAFE PARQUE ALJARAFE S/N 0. 41940 - TOMARES.
11.- Acceptance of the rules
The mere participation in the competition implies the acceptance of these Rules, so that the manifestation in the sense of not accepting all or part of them will imply the exclusion of the participant and as a consequence of this, THE ORGANISER will be released from the fulfilment of the obligation contracted with the said participant.
