LEGAL TERMS & CONDITIONS FOR “COLINA TRISTE – HIRU” (CONTEST)

1.- ORGANIZER OF THE PROMOTIONAL ACTIVITY

The company Orbea S. Coop-, with corporate address at Polígono Industrial Goitondo, 48269 Mallabia, Vizcaya and tax ID nº F-20032348 is organizing an international promotional activity comprising a prize draw (hereinafter called the “Promotional Activity”) for adults as detailed in the section on participation terms.

2.- START AND END DATES AND TERRITORY

The Promotional Activity will commence at 16:00 (CET) on 9 August 2021 and end at 23:59 (CET) on 15 August thereafter.  This promotion is valid worldwide.

3.- PARTICIPATION TERMS AND HOW THE PROMOTIONAL ACTIVITY WORKS

Participation is free of charge, but the following requirements must be met:

  • The contest is open to all natural persons of legal age, whatever their country of residence.
  • Participants must answer via the comments to the following question posted on 9 August on the video of Orbea Youtube channel: Are you more of a 100mm XC rider or a 120mm rider? Why?
  • From among all the participants who meet the requirements, Orbea S. Coop will choose winners as indicated in Clause 4.
    As the organizer of this Promotional Activity, ORBEA SCOOP LTDA will decide whether the requirements set out in these rules and regulations have been met.

4.- TERMS & CONDITIONS OF THE PROMOTIONAL ACTIVITY AND PRIZE

-Prize:
One OFT5 limited edition 5th anniversary jersey

  • The prize will be awarded to the contest winner chosen by ORBEA SCOOP LTDA, acting as the jury, from among all the participants who meet the participation requirements set out in Clause 3. In choosing the winners, ORBEA SCOOP will rate originality, humor and experience, among other things, according to its own criterion.
    After the deadline for participation, ORBEA will have five (5) calendar days in which to reach its final decision. The prize will be awarded within ten (10) calendar days after acknowledgement of acceptance by the winner. ORBEA reserves the right to change the decision date and the date of presentation of the prize should there be good reason to do so.
    The choice will be published on Instagram and Facebook, and will be available for consultation in the comments to the post.
    This promotional activity is not sponsored, guaranteed, administered by or in any way associated with Facebook or Instagram.
    – The prize may not be changed, modified or offset in any other way at the request of the winner.
    – The winning participant may decline to accept his/her prize, but no alternative prize will be offered and declining will not entitle him/her to any compensation or indemnification.
  • In any event, Orbea reserves the right to declare the contest void at any point in the process without explanation and without thereby entitling participants to file any complaint.
  • ORBEA will contact the winner via the social media network where the comment is posted (Facebook or Instagram). If after three (3) attempts it has not been possible to contact the user, or if the latter fails to answer within 5 days, he/she will be disqualified and will automatically forfeit the right to the prize, which ORBEA will then award to the runner up designated via the same criteria indicated above.
    In particular, once it is confirmed that the requirements set out in these rules and regulations have been met, the winner will receive a prize acceptance document from ORBEA, which must be sent back within seven (7) calendar days via the channel indicated, setting out his/her data and attaching the documents requested. This document must be duly signed in proof of acceptance of the prize.
    The actual presentation of the prize will take place as and when indicated in the prize acceptance document, and therefore depends on that document being returned as indicated above and on the meeting of the conditions set out in these rules and regulations.

5.- DISQUALIFICATIONS AND PENALTIES

Should evidence come to light that any participant fails to meet the requirements set in the rules and regulations or that the participation data provided are false, should any anomaly be detected or any suspicion raised that a participant is hindering the normal course of the contest, damaging the purposes thereof of engaging in any other fraudulent act detrimental to its implementation, that participant will be ruled out and automatically excluded from the Promotional Activity and will thus forfeit all entitlement to any prize awarded under same, even if he/she is mistakenly selected as the winner and is subsequently found not to have met the requirements. All this is without prejudice to the taking of any other legal action deemed appropriate.

Accordingly, ORBEA will set in place such technological support as it may deem appropriate to detect any fraudulent, irregular or malicious act intended to upset the normal operation of this contest.

6.- EXONERATION FROM LIABILITY

In this Promotional Activity, ORBEA, any other organization linked in the course of its work to this contest and the social networks through which the contest is organized may not be held liable for the outcome of any circumstances attributable to third parties that might affect the workings of the contest and, especially, the presentation of the prize.

Similarly, the said organizations may not be held liable for any direct, indirect or circumstantial damage of any kind, be it immediate or delayed, that may arise on the occasion of or as a result of the enjoyment of the prize.

Events for which we decline all liability include, but are not limited to, any loss, theft, delay or other circumstance attributable to a third party that may affect the course of this Promotional Activity. Nor may we be held liable for the use to which the winner puts the prize obtained in this Promotional Activity. We accept no liability in cases of force majeure or act of God that may prevent the Promotional Activity from taking place or the prize from being enjoyed fully or in part.

7.- PERSONAL DATA PROTECTION

Orbea S. Coop Ltda, Tax ID nº: F-20032348, Polígono Industrial Goitondo, 48269 Mallabia, Vizcaya, Tel. nº: 943 17 19 50, e-mail: orbea@orbea.com, Data Protection Officer contact e-mail : datos@orbea.com, is the controller of the personal data collected via this Promotional Activity.

The data provided by data subjects are processed solely for the purposes of their participation in the Promotional Activity and, with their consent, for the sending of newsletters and sales and promotional alerts in relation to our services.

The personal data provided are held for the periods envisaged in law, without prejudice to the right of the data subject to request their deletion. As from the date of completion of the service, data are locked out to prevent processing except for their disclosure to the public authorities and to the courts in relation to potential liabilities arising from the processing, and then only during the statutory limitation period for such liabilities.

The lawful basis for the processing of data in regard to the management of participation in the Promotional Activity lies in the consent of the data subject, granted via his/her registration as a participant in the Promotional Activity and consequent acceptance of these rules and regulations. The information on the services and activities of ORBEA is based on consent specifically elicited.

Personal data are never passed on to third parties except in cases of compulsory disclosure.

Orbea also has contracts with various service providers which handle the processing of personal data on behalf of Orbea if the intervention of such providers is required for the provision of a service.

All individuals have the right to obtain confirmation as to whether or not Orbea is processing personal data on them. Data subjects have the right to access their personal data, to request that incorrect data be corrected and, as the case may be, to request their deletion when, among other reasons, the data are no longer needed for the purposes for which they were collected.

Data subjects may request that the processing of their data be restricted, in which case they will be held only for use in bringing or defending against complaints. Data subjects may object to the processing of their data on grounds related to their personal circumstances. 

Data subjects have the right to portability, i.e. the right to have the personal data that they have provided transferred directly to another data controller in a structured, widely used form that is machine readable when this is technically possible.

The data subject or his/her legal representative may, provided that proof of identity is provided, exercise the aforesaid rights by sending a message by e-mail to orbea@orbea.com or datos@orbea.com, or by ordinary mail to Polígono Industrial Goitondo, 48269 Mallabia, Vizcaya.

Further information on the rights of data subjects is available from the Spanish Data Protection Agency at http://www.agpd.es
If the data subject does not obtain satisfaction on exercising his/her rights, the assistance of the Spanish Data Protection Agency may be called on and a Rights Protection Claim filed to ensure that those rights are exercised (http://www.agpd.es).

8.- AUTHORISATION FOR USE OF NAME AND TRANSFER OF IMAGE RIGHTS

The winner authorizes ORBEA to reproduce and use his/her full name and image in advertising or promotional material in any media outlet (TV, Internet, social networks & others) in regard to this contest anywhere in the world, for a period of two (2) years as from the date of acceptance of the prize, with no obligation for ORBEA to provide any remuneration or benefit other than the prize itself. All material created by ORBEA in any form for the said purposes is the property of ORBEA. By virtue of the prize received, the winner is deemed to have transferred exclusive rights of use to same, provided that no changes are entailed in the personal data of the winner.

This consent may be revoked by the winner at any time, and ORBEA is liable to provide compensation for any damages caused.

9. – ACCEPTANCE OF RULES AND REGULATIONS


Participation in the contest implies full acceptance of these rules and regulations, and of the decisions in regard to same made by ORBEA.

10.- CHANGES

We reserve the right to modify or extend these rules and regulations for promotional activities so long as the rights of participants in the Promotional Activity are not reduced or harmed.. ORBEA further reserves the right to make changes, suspend, shorten or extend this contest and undertakes to publicize such changes at the same level as these rules and regulations by updating them on the ORBEA website at www.orbea.com. No reason need be given for such changes, and participants will have no right to file any complaint in regard thereto.

11.- LEGISLATION APPLICABLE & JURISDICTION

These rules and regulations are governed by Spanish legislation, and are published on the Orbea.com website, where they will be available for consultation by any interested party throughout the term of the Promotional Activity. Any claim or dispute that may arise in regard to the validity, construal or fulfillment of these rules and regulations will be heard by the courts and tribunals of the city of Bilbao, without prejudice to any other jurisdictional rights that consumers may be entitled to claim.

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