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The organizing company is New Alternative Technologies, S.L. (hereinafter, "NAT"), owner of the brand Newskill (hereinafter, the "BRAND"), with address at Avenida Dinamarca nº 105 Polígono Industrial de Alhama de Murcia 30840 Alhama de Murcia, CIF B-73869018 and email address infoweb@newskillgaming.com.
NAT organizes, for promotional purposes of its brand Newskill, a sweepstakes through Instagram and Twitter (hereinafter, "Sweepstakes") via the Internet, whose participation is open to participants over 18 years of age and residents in Spain Peninsula and Balearic Islands. In this Promotion NAT counts with the collaboration of the brand Vidal Golosinas, Frikileria and Bandai Namco
2. DURATION OF THE SWEEPSTAKES
The start and end dates of the Sweepstakes are:
Start: December 21, 2023 at 12:00 noon
End: December 27, 2023 at 23:59 pm
3. PARTICIPATION REQUIREMENTS
All those persons (hereinafter, the "Participants") who, on a cumulative basis, may participate in this Promotion:
- are over 18 years of age,
- are residents in Spain Peninsula and Balearic Islands;
- have a valid profile on the social network Instagram and Twitter; and
- are followers of both the @Newskill_ES account and the @frikileria @bandainamcoentspain @vidalgolosinas account on Instagram and Twitter.
From the official Instagram and Twitter accounts of @Newskill_ES the sweepstakes will be launched in which the Legal Bases and conditions of participation will be included. Several prizes will be drawn, which we will detail in the corresponding section.
In addition to those persons who do not meet the above-mentioned requirements, the following persons, their spouses, ascendants or descendants up to the second degree (inclusive) are not eligible to participate in the Sweepstakes: (i) Employees employed by any of the companies and other entities with legal personality linked to NAT, (ii) Natural persons who participate directly or indirectly in the capital of NAT, (iii) the Notary appointed for the notarization of these bases, nor any of the employees of said Notary's Office, (iv) Any other natural person who has participated directly or indirectly in this Promotion or has been directly or indirectly involved in its preparation or development (agency, suppliers, etc.). By accepting these Terms and Conditions, Participants consent to NAT excluding or disqualifying these entries from the Sweepstakes.
Those participations that have been made after the end date of the Sweepstakes, as well as those that do not comply with the requirements established in this section of these Legal Bases, will be considered null and void. NAT reserves the right to exclude from the Sweepstakes those Participants that it suspects or detects that they have participated in any fraudulent manner (for example, through the use of bots or automatic voting systems).
In addition, NAT reserves the right to remove from the Sweepstakes those Participants who include in their comments offensive and/or infringing on the rights of NAT or third party participants, and those who have created multiple accounts for participation in this Sweepstakes.
If it is evidenced that any of the winners do not comply with the requirements set forth in these Legal Bases, or do not prove what was requested of them, their participation will be considered null and void and they will be automatically excluded from the Promotion, losing all rights to the prize awarded by virtue of this Sweepstakes.
It is hereby stated for the record that the Participants do not have to pay, as a consequence of the proposed Sweepstakes, any amount whatsoever to NAT.
4. MECHANICS OF THE SWEEPSTAKES
Entrants must cumulatively meet the following requirements:
On Instagram:
- Participants will have to like the publication published on the official account of @Newskill_Es
- Participants will have to follow the account of @Newskill_ES, @frikileria, @bandainamcoentspain, @vidalgolosinas
- Participants will have to mention a friend in the comments of the post.
After fulfilling the detailed requirements, Entrants will be entered to participate in the corresponding Sweepstakes.
On Twitter:
- Participants will have to Retweet the post published on the official @Newskill_es account.
- Participants will have to follow @Newskill_Es, @frikileria, @bandainamcoES, @vidal_Golosinas, @frikileria, @bandainamcoES, @vidal_Golosinas, @frikileria, @bandainamcoES
- Participants will have to comment mentioning a friend with the HT #CestaFriki.
After fulfilling the detailed requirements, Participants will be entered into the corresponding Sweepstakes.
5. SELECTION OF THE WINNERS AND NOTIFICATION:
Once the established participation period has elapsed, NAT will randomly select through Easypromos (platform for creating sweepstakes, additional information at https://www.easypromosapp.com/es/) one participant from each social network (Twitter and Instagram), who has met the requirements set forth in these Legal Bases.
Newskill will contact the winners through the private chat of their Instagram and Twitter account to obtain the necessary data and send them the prize from the day after the winners are known. Additionally, the username and profile picture of the winners will be published on the official account @Newskill_Es
The winner must respond, via private chat with @Newskill_es, before the expiration period of the Sweepstakes expires (72 hours after Newskill announces via private chat that he/she has been chosen as the winner), otherwise he/she will not be able to obtain the prize. In the event that a winner cannot be contacted within the given period, NAT reserves the right to declare the prize void or to select a new winner. Once the required shipping information has been provided, NAT will send the prize within an estimated period of 15 calendar days.
6. PRIZES, SWEEPSTAKES CONDITIONS AND REDEMPTION METHOD:
The sweepstakes consists of 2 total winning persons.
Prizes:
On Instagram
- Keyboard Newskill Serike V2 TKL white with a value of 89,95€.
- Mouse Arakne Elite Ivory with a value of 59,95€
- Lot Vidal candy candy with a value of 31,40€
- Park Beyond Pack with a price of 59,99€
- Surprise Gamer Box with a price of 34,50€
On Twitter
- Keyboard Newskill Serike V2 TKL white with a value of 89,95€.
- Mouse Arakne Elite Ivory with a value of 59,95€
- Lot Vidal candy with a value of 31,40€
- Park Beyond Pack with a price of 59,99€
- Surprise Gamer Box with a price of 34,50€
The prize will not be subject to changes, alterations or compensation at the request of any of the winners, and cannot be exchanged for any other product or money. NAT reserves the right, in the event of just cause and prior legal notice, to make any change, suspend or extend this Sweepstakes.
NAT reserves the right, if necessary, to substitute the prizes for others of similar characteristics.
7. LIMITATIONS ON THE CONTENT OF THE COMMENTARY:
Both participation and comments posted by Participants under this Promotion shall be subject to the following limitations:
- Participation in this Promotion, as well as the posting of comments by Participants may not violate under any circumstances the Instagram Rules or Instagram's or Twitter's Terms of Service.
- The comment shall not infringe the intellectual and industrial property rights of third parties or any other proprietary rights of third parties.
- The comment may not include any of the following content:
- Discrimination: In no case may the commentary be published with an intention to discriminate against third parties and that violate the principles of the right to honor, personal and family privacy, self-image and dignity of the person. Any type of discriminatory content is prohibited, whether for reasons of sexual orientation, race, sex, religion, opinion, nationality, disability or any other personal or social circumstance.
- Illegal Activities: The commentary may not include content that promotes illegal activities or that incorporates obscene or defamatory content.
- Self-Destructive Content: It is prohibited for the commentary to include content that promotes the consumption of narcotic substances or that could incite eating disorders and self-harm.
- Violence: It is expressly prohibited to participate with a comment that promotes violence and/or includes, without limitation, sexual violence or violence against animals and people.
- Degrading Content: Comments that are intimidating, threatening, degrading or in any way promote violence against a person or a specific group are not allowed.
- Sexual Content: It is expressly forbidden that the comment incorporates sexual content.
- In the event that any of the Sweepstakes Participants is found to be in violation of any of the limitations set forth in this section, NAT reserves the right to exclude such Participant from this Promotion.
8. EXCLUSION OF LIABILITY
By way of example and without limitation, NAT shall not be liable for the following circumstances:
- For the conduct of the Participants when they do not correctly follow the participation requirements established in these Legal Bases.
- The use made by the winners with respect to the prize that is the object of this Promotion.
- Of the content that the Participants include in the commentary published in their Instagram/Twitter accounts and of the infringements that this commentary could commit (falsifications, infringement of intellectual property rights, inappropriate content).
- For damages of any kind that may be due to the temporary lack of availability or continuity of the operation of telecommunications networks.
- Incidents caused by the lack of due diligence on the part of the Participant or by the improper use of the Instagram social network
- Cases of force majeure or fortuitous event that could prevent the Sweepstakes from taking place or the total or partial enjoyment of the prize. In the event that this Promotion cannot be carried out, either due to fraud detected in the same, technical errors, or any other reason that is not under NAT's control and that affects the normal development of the Sweepstakes, NAT reserves the right to cancel, modify, or suspend the same.
9. INTELLECTUAL PROPERTY
- By accepting these Legal Bases, the Participants and the winners expressly agree to grant NAT a license to use, disclose and publicly communicate the content of the comments with which they participate in this Promotion, completely free of charge, worldwide, for the maximum period of time permitted by law and without any restriction or reservation whatsoever.
- Participants warrant to NAT that they have all the necessary powers and authority to agree to the rights granted hereunder and declare that the comments submitted to NAT are completely original.
- The Participant acknowledges having been informed that NAT disclaims any and all liability for the exploitation or dissemination by third parties of the comments submitted by the Participants in any medium whatsoever.
- Instagram and Twitter do not sponsor, endorse or administer this Sweepstakes in any way, nor is there any association between the organizers and the social media platforms. The actions carried out for the participation in this Sweepstakes are carried out in favor of the BRAND and not for the benefit of Instagram
10. TRANSFER OF IMAGE RIGHTS
Pursuant to the provisions of Organic Law 1/1982, of 5 May, on the civil protection of the right to honor, personal and family privacy and self-image, the winners of the Sweepstakes know and consent that their Instagram and/or Twitter username and profile picture will be published by Newskill in their account @Newskill_Es during the legally established period, without territorial limit and free of charge.
11. PROTECTION OF PERSONAL DATA
- In compliance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, EU Regulation 679/2016, of the European Parliament and of the Council, of April 27, General Data Protection Regulation and other applicable national legislation on the protection of personal data, the personal data that could be provided will be treated in the manner described below, keeping due confidentiality about it.
Responsible for the treatment: the company New Alternative Technologies, S.L. (hereinafter, "NAT"), located at Avenida Dinamarca nº 105 Polígono Industrial de Alhama de Murcia 30840 Alhama de Murcia and CIF ESB73869018.
- Specifically, NAT will use your personal data to process your participation as a Participant and to communicate and send you the prize in case you are the winner. The legitimate basis is the specific consent given by the Participants.
- The Participant guarantees that the personal data provided are truthful and is responsible for communicating to NAT any changes thereto. The Participant will be responsible, in any case, for the veracity of the data provided, and NAT reserves the right to exclude from the Promotion any Participant who has provided false data, without prejudice to the exercise of any other actions that may be applicable by law.
- You can exercise your rights of Access, Rectification, Deletion, Limitation, Portability or Opposition by sending an email to lopd@newskillgaming.com or contacting our Data Protection Officer at the same address. The person concerned will not be subject to automated decisions by NAT.
- NAT stores your personal data until the purpose justifying the processing disappears. The data will be kept for the duration of legal obligations, during which time your data will be blocked for the current operation, if there is no other purpose for its processing.
Personal data contained in social networks and related to the promotion will be retained for the period of time indicated by the social networks in their privacy statements.
The data subject also has the right to lodge a complaint with the data protection authorities (Spanish Data Protection Agency). However, we invite you to contact us to solve any question related to the data.
12. CHANGES AND ACCEPTANCE
- NAT reserves the right to modify or extend these promotional terms and conditions, to the extent that it does not prejudice or undermine the rights of the Participants in the Promotion.
- Participation in the Sweepstakes implies the full acceptance of these Legal Bases by the Participants who register in this Promotion, which may be recorded in a Notary Public's authorized Minutes and will be available to any person who wishes to consult them.
13. APPLICABLE LAW AND JURISDICTION
These legal bases shall be interpreted and governed in accordance with Spanish law. The Courts and Tribunals of the Participant's domicile shall be competent to resolve any claim or controversy that may arise in relation to the validity, interpretation or fulfillment of these rules.
14. TAXATION
- In accordance with the provisions of Law 35/2006 of 28 November, which approves the Personal Income Tax, and Royal Legislative Decree 4/2004, which approves the Consolidated Text of the Corporate Income Tax Law, prizes derived from promotional actions are subject to taxation.
- NAT shall be responsible for the payment on account or the practice of the relevant withholding. Said withholding or payment on account shall not apply to those prizes of less than 300 €, which are subject to taxation for Personal Income Tax.
The winner of the prize will be subject to compliance with all tax obligations established by the applicable legislation in force. NAT will not be responsible for the fulfillment of the winner's tax obligations.
- In order for the aforementioned withholdings to be made, the winner must sign a document justifying receipt of the prize, provide their tax information and identity document number (CIF, NIF or Resident Card). Likewise, they must sign a declaration on the knowledge of the taxation of such prizes.