LEGAL BASES OF THE SWEEPSTAKES ORGANIZED BY NEWSKILL OF SOCIAL NETWORKS
First - ORGANIZING COMPANY, OBJECT, DATES AND SCOPE
The organization of the promotional sweepstakes is promoted by the company New Alternative Technologies SL (hereinafter "NAT"), owner of the brand Newskill (hereinafter THE BRAND), located at Avda. Europa, Edificio CIDE, 2º Planta Vivero 2 (Polígono Industrial Las Salinas) Murcia CP: 30840 and CIF B73869018.
NAT organizes, for promotional purposes of its brand Newskill, different types of sweepstakes through Social Networks (hereinafter, "the Sweepstakes" or "the Promotion") nationwide, to be carried out through the Internet, whose participation is open to participants over 18 years of age and residents in Spain.
The exact start and end dates of the Promotion will be announced by NAT on Twitter sufficiently in advance of the start of the Promotion.
Second.- PARTICIPATION REQUIREMENTS AND MECHANICS OF THE PROMOTION
All those persons (hereinafter, "the Participants") who are over 18 years of age, resident in Spain, who have a valid profile on the social network Twitter and who are followers of Newskill on Twitter may participate in this Promotion. Twitter accounts whose content has a high percentage (over 75%) of sweepstakes entries will not be accepted
NAT will organize different modalities of sweepstakes whose mechanics of participation may consist of the following:
- Retweet to tweet: Participants must retweet the tweet previously published by Newskill where it announces the sweepstakes and indicates the conditions of participation.
- Retweet plus Hashtag: Participants must retweet a tweet previously published by Newskill and then post a tweet with the Hashtag indicating Newskill through their Twitter account.
- Answer with a Hashtag: Participants will have to give the answer to the question formulated by Newskill in a Hashtag. The answer to this question will be made through the publication by the Participant of a tweet that must be accompanied by the same Hashtag used by Newskill in the question asked.
- Other modalities explained in a Landing Page provided by THE BRAND.
After complying with the detailed requirements, the Participants will enter the corresponding Sweepstakes.
Third.- PRIZES, CONDITIONS OF THE PROMOTION AND FORM OF REDEMPTION
Once the participation period established by THE BRAND has elapsed, one person will be selected randomly through Tweetdraw, Gleam.io or any other random system from among all the Participants who have complied with the requirements established in the second section.
The number of winners resulting from this Promotion will be the number established by THE BRAND on its Twitter account or Landing Page.
The prize to be awarded to the Winner(s) will consist of the prize announced in the Tweet or Landing Page of the Sweepstakes by THE BRAND
When THE BRAND chooses the Winner(s) of the Sweepstakes, it will be communicated directly to the Twitter account as of the day after the Winner is known
The Winner must contact by Direct Message or email to THE BRAND before the expiration period expires (72h), otherwise he/she will not be able to obtain the prize. If the winner does not appear, THE BRAND reserves the right to declare the prize void or draw a new winner. Once the required shipping information has been provided, THE BRAND will ship the prize within approximately 60 calendar days.
Fourth: GENERAL PARTICIPATION LIMITATIONS.
The following persons may not participate in the Sweepstakes, nor their spouses, ascendants or descendants up to the second degree (inclusive): (i) Employees employed by any of the companies and other entities with legal personality linked to NAT, (ii) Individuals 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 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 Promotion, as well as those that do not comply with the requirements established in the second section of these Legal Bases, will be considered null and void. NAT reserves the right to exclude from the Promotion those Participants that it suspects or detects that they have participated in any fraudulent manner.
In addition, NAT reserves the right to eliminate from the Sweepstakes those Participants who include in their tweets offensive comments and/or comments that violate NAT's rights, and those who have created multiple accounts for participation in this Promotion.
Should it become evident that any of the Winners do not comply with the requirements set forth in the Rules, or fail to 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.
The prize awarded 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 to make any change, suspend or extend this Promotion, if there is just cause and prior notice in legal form.
A period of FIFTEEN (15) calendar days is established from the date of the awarding of the prize, to make any claim motivated by this Promotion. It is hereby stated for the record that the Participants do not have to pay, as a consequence of the proposed Sweepstakes, any additional amount to NAT.
THE BRAND reserves, in case of necessity, the right to substitute the prizes for others of similar characteristics.
Fifth.- LIMITATIONS ON THE CONTENT OF THE TWEET
Both the participation and the tweets published by the Participants by virtue of the present promotion shall be subject to the following limitations:
- Participation in the present Promotion, as well as the posting of the tweets by the Participants may not violate under any circumstances the Twitter Rules or the Twitter Terms of Service.
- The tweet must not infringe the intellectual and industrial property rights of third parties or any other property rights of third parties.
- The tweet may not include any of the following content:
- Discrimination: Under no circumstances may the tweet be published with an intention to discriminate against third parties and violate the principles of the right to honor, personal and family privacy, self-image and personal dignity. Any type of discriminatory content is prohibited, whether for reasons of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance.
- Illegal Activities: The tweet may not include content that promotes illegal activities or incorporates obscene or defamatory content.
- Self-Destructive Content: It is prohibited for the tweet 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 tweet that promotes violence and/or includes, without limitation, sexual violence or violence against animals and people.
- Degrading Content: Tweets 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 tweet incorporates sexual content.
- In the event that any of the Participants in the Sweepstakes is found to have incurred in any of the limitations set forth in this section, NAT reserves the right to exclude such Participant from this Promotion.
Sixth.- EXCLUSION OF LIABILITY.
By way of example and without limitation, NAT shall not be liable for the following circumstances:
- Failure to correctly follow the participation requirements established in the second section of these Legal Bases.
- Of the use that the persons who are winners make of the prize that is the object of the present Promotion.
- Of the content that the Participants include in the tweet published in their Twitter accounts and of the infringements that this tweet may 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 Twitter 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.
Seventh.- ASSIGNMENT OF RIGHTS
- By accepting these Legal Bases, the Participants and winners expressly agree to grant NAT a License to publish the content of the tweets with which they participate in this Promotion, with which they authorize NAT to publish them completely free of charge, worldwide, for the maximum period of time permitted by law and without any restriction or reservation whatsoever.
- By virtue of this License, the Participants accept that the tweets with which they participate in the sweepstakes may be used in any opportunity, both promotional and commercial, by decision of THE BRAND.
- Likewise, the Participant agrees that THE BRAND may use the content of the tweet with which he/she has participated, to quote it and associate it with his/her pseudonym or with his/her name in his/her Twitter profile and other social networks, in its promotional, marketing and advertising operations. The Participants expressly state that any tweet they send to THE BRAND through Twitter actually belongs to each Participant or has the authorization of the legitimate owners or licensees of the contents and does not infringe the intellectual or industrial property rights of third parties or any other proprietary rights of third parties.
- The Participants warrant to NAT that they have all the necessary powers and authority to agree to the rights hereby assigned and declare that the tweets sent to NAT are completely original.
- The Participant acknowledges having been informed that THE BRAND disclaims any and all liability for the exploitation or dissemination of the tweets sent by the Participants in any medium whatsoever.
- Twitter does not sponsor, endorse or administer this Promotion in any way, nor is it associated with it. The actions carried out for the participation in this Promotion are carried out in favor of THE BRAND and not for the benefit of Twitter.
Eighth.- PROTECTION OF PERSONAL DATA
- NAT takes the protection of your privacy and personal data very seriously. Therefore, your personal information is kept securely and treated with the utmost care.
- In accordance with the provisions of Organic Law 15/1999, of December 11, on the Protection of Personal Data (hereinafter "LOPD") and Royal Decree 1720/2007, of December 21, approving the Regulations for the development of the LOPD (hereinafter "RLOPD"), each Participant by accepting these legal bases consents to the personal data provided to THE BRAND being incorporated into a file owned by NAT.
- Specifically, NAT will use your personal data to process your participation as a Participant and to communicate the prize to you in case you are the winner, as well as to send you information about products and promotions related to THE BRAND
- NAT will also use your data to send you Newsletters and commercial and promotional communications related to the products of THE BRAND by letter, telephone, email, SMS/MMS, or other equivalent means of electronic communication and this under the provisions of the LOPD, Law 34/2002 of July 11, 2002, on Information Society Services and Electronic Commerce and Law 9/2014, of May 9, General Telecommunications.
- The Participant guarantees that the personal data provided are truthful and is responsible for communicating to THE BRAND, any modification thereof. 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. It is recommended to take the utmost care in matters of Data Protection through the use of security tools, and NAT cannot be held responsible for theft, modification or loss of illicit data.
- You can exercise your rights of Access, Rectification, Cancellation and Opposition by sending an email to email@example.com
- NAT maintains the security levels of personal data protection in accordance with the LOPD and the RLOPD and has established all the technical means at its disposal to prevent the loss, misuse, alteration, unauthorized access and theft of the data provided by the Participant through the Promotion, without prejudice to informing you that Internet security measures are not impregnable. NAT undertakes to comply with the duty of secrecy and confidentiality with respect to the personal data contained in the automated file in accordance with the applicable legislation.
Ninth - 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 entails the full acceptance of these Legal Bases by the Participants who register in this Promotion, which may be recorded in a Notarized Deed authorized by a Notary Public and will be available for any person who wishes to consult them.
Tenth.- 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 will be competent to resolve any claim or controversy that may arise in relation to the validity, interpretation or fulfillment of these rules.
- Pursuant to the provisions of Law 35/2006 of 28 November, which approves Personal Income Tax, and Royal Legislative Decree 4/2004, which approves the Consolidated Text of the Corporate Income Tax Law, prizes derived from promotional activities are subject to taxation.
- It shall be the responsibility of La Marca to make the payment on account or to make the relevant withholding. Said withholding or payment on account shall not apply to prizes of less than €300, which are subject to taxation under the Personal Income Tax.
- The Brand will not be responsible for the winner's compliance with his/her tax obligations.
- In order for the aforementioned withholdings to be made, the winner must sign a letter justifying receipt of the prize, provide their tax information and a copy of their identification document (CIF, NIF or Resident Card). Likewise, they must sign a declaration on the knowledge of the taxation of such prizes.
Rules updated as of May 2021.