LEGAL TERMS AND CONDITIONS OF THE COMPETITION ‘SERGIO RAMOS 60M’
- Organiser / Promoter of the Competition
SERMOS 32 SL (henceforth, the ‘Organiser’) is organising the competition named ‘SERGIO RAMOS 60M’ (henceforth, the ‘Competition’).
- Purpose of the Competition
The purpose of this Competition is to promote interaction and participation with the followers of the professional footballer Sergio Ramos García (henceforth, ‘Sergio Ramos’) on the social media site Instagram.
- Validity period
The validity period of the Competition is from 16 to 27 of August 2023, both inclusive.
The name of the winner shall be announced within 15 days after the end of the Competition.
- Communication of the Competition
The dynamics and start date of the Competition will be communicated via the official profile of Sergio Ramos on the social media Instagram, along with direct access to these Legal Terms and Conditions, which will be published on Sergio Ramos’ official Facebook page andr on his official website www.sergioramos.com. The Competition may also be communicated through other official channels and/or profiles of Sergio Ramos, although publication on these media is not a condition for its validity.
The name of the winners will be communicated by sending a direct message to each of them through the social media Instagram and it shall be announced by a permanent or temporary post, on the official profile of Sergio Ramos on the same social media, without prejudice to any other possible announcement on any other of his official profiles and/or channels.
- Prize
The Competition will have twenty (20) winners, chosen in accordance with the mechanics and conditions set out in these Terms and Conditions.
The prize will be one pair of Mizuno football boots (hereinafter, the ‘Prize’) per winner. The value of the Prize for each winner is less than three hundred euros (€ 300.00).
The winners shall have no right to request a substitute Prize, nor the cash equivalent, nor any other gift, either in cash or in kind. Likewise, the prize is personal and non-transferable, so that the actual enjoyment of the Prize can only be met by the winner at the time of confirming acceptance of the Prize. Failure to comply with this condition will result in the loss of the right to enjoy the Prize.
- Rules of Participation
Participation in this Competition is completely free and shall not be subject to any condition beyond those stipulated in these Terms and Conditions. The Organiser has the right, at its full discretion, to (i) modify the winners, (ii) not assign a prize and/or (iii) leave the prize null and void in the event of any breach of these Legal Terms and Conditions.
All Instagram users of legal age pursuant to Spanish law who are followers of the official profile of Sergio Ramos, in accordance with the dynamics of this social media site, may participate in this contest, with no geographical limitation established.
The legal age requirement is established for the owner of the profile that makes the post, without prejudice to the fact that the post can depict a minor. For the purposes of participation in this Competition, should this circumstance arise, the owner of the profile must have the legitimisation or authorisation that may be established by the Spanish law in force, where the Organiser cannot ever be held liable if this is not the case.
The Organiser shall not be held liable for the participation of minors in the Competition and, if this does occur and the person is selected as the winner, the Organiser reserves the right to change the winner or not award the Prize.
Participants’ official Instagram profile must be open and accessible for contact by direct message (‘direct’).
Posts made by robot profiles and/or those of an offensive or vulgar nature or that are contrary to standards of decency or those that denigrate or insult any individual or community shall not be considered.
There is no limit to the number of posts or comments that each participant can make, although the Organiser reserves the right to exclude those users whose repetition in tone, content or frequency may be understood as hindering the normal functioning of the Competition.
To participate in the Competition, participants must meet all the conditions contained in this clause.
- Mechanics of the Competition
Participants must follow Sergio Ramos’ official Instagram account and post any audiovisual, graphic, or textual items illustrating or commenting on their favourite moment of Sergio Ramos’ career or life, including the Hashtag #SR60.
At the end of the Competition validity period, Sergio Ramos himself will choose the winners from among all the posts shared by the participants that comply with the rules of participation, assessing their originality. This decision will be final and no claims will be admitted
The winners will be contacted via direct message (‘direct’) on their Instagram profiles, instructing them on the steps to follow. They must all send an email to the address [email protected] within a period of 24 hours after the aforesaid notification, confirming acceptance of the Prize and indicating at least the following details: name, surname(s), ID number, date of birth, postal address for sending the prize and email address.
In the event that, once the above period has elapsed, one or more of the winners have not sent the requested email or have waived the Prize, the Organiser of the Competition reserves the right to leave the Prize null and void or proceed to selecting a new winner or winners, with the previous winners losing their right to claim the Prize.
- Powers of the Organiser
The Organiser reserves the right to disqualify participations it may consider to be fraudulent and/or those considered to be in bad taste, along with those that do not meet the conditions established in these Terms and Conditions, without taking on any type of liability. Therefore, participants are responsible for choosing the appropriate name so that their participation is not compromised and/or rejected. The participant accepts that, as a result, the Organiser shall in no way be held liable, and that the exercise of said criteria shall not result in any obligation for payment or compensation of any type for any participant.
The Organiser also reserves the right to suspend, extend or cancel this Competition should technical issues arise, causing an inability to guarantee its correct operation or any other organisational reason or event of force majeure, and to modify the Terms and Conditions of the Competition and/or the Prize, or any other circumstance related to them at its own discretion.
The possible nullity or non-applicability of any of the clauses and/or points in these Terms and Conditions shall only affect that specific clause and/or point, with all remaining clauses and/or points remaining valid, and substituting null clauses or non-applicable clauses for others.
All rights relating to the Competition are the unique and exclusive property of the Organiser. It is prohibited to reproduce information or data of any kind in any format or to use them in any way without the prior consent of the Organiser. The Organiser reserves the right to deny permission at its own discretion.
- Privacy and Data Protection Policy
By participating in the Competition, the participants accept that their posts, messages, contents and comments published on Instagram shall be shared with other users. Participation in the Competition also implies acceptance of the rules of Instagram.
In accordance with Regulation (EU) 2016/79 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (European Data Protection Regulation, GDPR); Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter, the ‘LOPD’), other applicable legislation in the same field; and Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (hereinafter, ‘Law 34/2002’), participants accept that the personal data provided at any time due to participation in the Competition shall be included in one (1) data file owned by SERMOS 32, SL, and they may exercise their rights to access, rectification, erasure and objection by addressing a written communication, within a period of thirty (30) days, to SERMOS 32, S.L. calle Alcalá, 73, 7ºA, 28009 Madrid or by sending an email to: [email protected].
The personal data included in the aforesaid file will correspond exclusively to those necessary to manage participation in the Competition and duly identify the winners.
The communication of the personal data referred to in the previous paragraph is an essential requirement for any participant to acquire the condition of winner, in accordance with the provisions of these Legal Terms and Conditions. In any case, the participant must provide truthful information regarding their personal data and keep these data duly updated, and must communicate any change in their data via any of the aforesaid channels.
However, participants may revoke the consent given at any time for adding their personal data to the file indicated above, by sending a notification by post to the above address and / or by email. The participant also has the right to submit a claim, matter of interest or question to the competent administration in Spain, the Spanish Data Protection Agency (www.aepd.es).
The legitimate basis for the processing of personal data is the consent given by the participants, which refers to the unequivocal nature stipulated by the GDPR and the LOPD based on their decision to participate in the Competition after being directed to the web page containing the present Terms and Conditions. Under no circumstances will the Organiser proceed to transfer the data to other countries, undertaking to comply with all the provisions established by current legislation and, especially, the LOPD.
The personal data will be handled confidentially and will be kept for a period of two (2) years, understood as reasonable to manage any vicissitudes related to the organisation of the Competition, the effective enjoyment of the Prize and the resolution of any dispute or issue that may arise.
The participants are also forbidden from including or communicating contents that are false or inaccurate or that may mislead other users or the Organiser, in particular contents that are protected by any industrial or intellectual property rights or are the property of third-party individuals where these persons have not provided their express consent, those that lessen the reputation or name of the Organiser, or are considered to constitute illicit, deceptive or disloyal advertising or that contain a virus or other IT elements that may hinder the normal functioning of the Competition.
- Assignment of rights
Participants consent to the publication of their nickname or username on the social media Instagram, and occasionally their name, surname(s) and photograph or other contents which may affect their right to the own image which could be registered by prior mutual agreement, as winners of the Competition or in another condition related to same, for all cited official communication channels without same generating any rights in favour of the participant to receive any remuneration whatsoever.
Similarly, they agree to the publication of material they possibly send for participating in the Competition, assigning all rights to same to the Organiser. This assignment includes rights to reproduction, public communication, distribution, making available interactively, editing, dubbing, and subtitling in order to reproduce on any media or format, throughout the world and for the duration of the intellectual property rights of the material in which they are used, without that creating any rights in favour of the participant to receive any remuneration whatsoever.
- Declaration of the Organiser
The Organiser of the Competition, regulated by these Terms and Conditions, declares that it is aware of and meets the ‘Promotion Guidelines’, published by the administrators of said social media Instagram, and that information provided by the participants is exclusively managed by the same Organiser, for which Instagram has no participation or responsibility, as it in no way organises, promotes or manages the Competition and is not associated in any way with the Organiser. The acceptance of these Terms and Conditions implies all participants fully exonerating Instagram from any liability.
- Acceptance of the Terms and Conditions
By participating in the Competition, the participants confirm full acceptance of these Terms and Conditions and accept the result.
By participating in the Competition, the participant recognises that neither the Organiser, nor Sergio Ramos, nor his managers, representatives, employees, sponsors, volunteers, any other entity or person acting on his behalf (to the extent admissible by law), nor the platforms where the Competition is published (social media) can accept any liability for any prejudice, damage, loss, injury or disappointment incurred by participants in their participation in the Competition or as a result of the acceptance of any Prize. The participant recognises and admits that the Organiser, unless explicitly agreed otherwise, shall not remain nor is in any way subject to confirmations, allegations, guarantees, either express or implicit, de facto or legal, relating to the quality, condition, suitability or marketability of any aspect of the Prize. By participating in the Competition, the participant, to the fullest extent allowable by law, assigns each and every one of their rights and claims with regard to making a legal claim or lawsuit against the Organiser, and exonerates the latter from all liability with respect to any injury, loss or damage of any kind which the participant or winner of the Prize or any other person or property may suffer which (directly or indirectly) results from or is related to, in any way, the participant’s participation in the Competition; the winner’s participation in an event relating to the Competition and the result of the Prize; any incident occurring during the event related to the Prize, or which has any connection to it; and loss or damage, whether due to negligence or any other reason. Regarding the waiver and exoneration detailed above, the term ‘Organiser’ includes the Organiser itself, Sergio Ramos, his managers, representatives, employees, volunteers, sponsors, and any other entity acting in his name.
Further, the Organiser shall not be held liable for the technical problems or failures of social media, online information systems, servers, providers, IT equipment, software failures of any email or entry received due to technical problems or internet traffic congestion, telephone lines or any other website or combination of the above, including but not limited to damage or prejudice to the computer or mobile device of a participant or of any other person, related to participation in the Competition. By participating in the Competition, the participant agrees to refrain from claiming for any such losses, damages or prejudices against Sergio Ramos, the Organiser, manager, representative, employees, sponsors, volunteers, or any other entity or person acting on his behalf and/or the platform where the Competition is published (social media).
- Applicable legislation and jurisdiction
The Competition is governed by current Spanish legislation.
Both the participants and the Organiser accept that any dispute arising regarding the application or interpretation of this Competition shall be submitted to the jurisdiction and competencies of the Courts and Tribunals of the City of Madrid.
Madrid, 16 August 2023