MAHLE x GOBIK Giveaway Terms and Conditions
TERMS AND CONDITIONS
MAHLE SMARTBIKES SYSTEMS, S.L.U.
1. – ORGANIZER
The Organizer of the Raffle is U1ST SPORTS MARKETING, S.L., with registered office at Calle Colombia 12, 28016, Madrid, and VAT Number B-84457324 (hereinafter referred to as “U1ST”) for the company MAHLE SMARTBIKES SYSTEM, S.L.U. (hereinafter referred to as “MAHLE SMARTBIKES”).
2. – OBJECT
The purpose of the raffle (hereinafter referred to as the “Raffle”) is the promotion and dissemination of MAHLE SMARTBIKES brand and products.
3. – TERRITORIAL SCOPE
The scope of this Raffle is universal, without territorial limitation.
4. – DURATION
The participation period opens on April 27th, 2023, and closes May 3rd, 2023.
5. – COMMUNICATION
The Raffle will be announced through MAHLE SMARTBIKES’ Instagram official account (@mahle_smartbikesystems).
6. – PARTICIPATION
All persons who wish to participate in the Raffle must fulfil the requirements established in these Terms and Conditions. The participation guidelines will be as detailed below:
The Raffle will be promoted, during the Term established in section 4, i. e., from April 27th to May 3rd, 2023, and during that period MAHLE SMARTBIKES will publish a post announcing the Raffle in its Instagram official account.
Participation in the Raffle is made by “giving a like” to the post, saving it, mentioning another user in comments, and sharing it in stories. By the fact of fulfilling the requirements raised, participants will be entered into the Raffle for an (1) exclusive cycling jersey of GOBIK by MAHLE brand. The (1) winner may be drawn from the interactions in the post, fulfilling the requirements mentioned above.
The Terms and Conditions will be available all time during the term of the Raffle through a link to be found on MAHLE SMARTBIKES’ Instagram official account. The corresponding participation in accordance with the provisions of these document implies the acceptance of the entire Terms and Conditions.
In consideration of the above, only those who meet all the conditions described during the Term of the Raffle will be able to participate in it.
In the event of the use of fraudulent means, that contravene the transparency of the Raffle, is detected and even in the event of the possible suspicion of a fraudulent participation by any user, the Organizers reserve the right to corroborate by any means (including the request for ID) that the participants fulfil the requirements and conditions indicated in these rules, reserving the right to deregister the aforementioned participant, as well as to exclude automatically and without prior notice any participant who does not comply with the conditions provided.
In this sense, U1ST will reject any participation that does not fulfil the conditions established in these Terms and Conditions.
Participation is free of charge. It is no necessary any additional purchase to obtain the Prize.
Without limiting to any extent the rights granted to consumers by the applicable provisions, U1ST is not responsible for the loss or delay to any interruption, temporary lack of availability or continuity of the operation, transmission problems, loss of information, fraud, network malfunction, software malfunction; access, communication or response failure or Raffle alteration due to technical problems or others out of its control.
7. – PARTICIPATION CONDITIONS
Participation in the Raffle is personal and non-transferable. Individuals that are (+18) over eighteen years old may participate in it.
Applicants may participate as many times as they wish, complying with all requirements and, therefore, those who participate validly and mention a different user in each comment.
It will be possible to verified the winner’s identity by presenting its ID or another official document which provides individual’s identity.
No entry with comments that are contrary to public order, laws, infringe third parties’ rights or are offensive or harmful to U1ST, MAHLE SMARTBIKES or any third parties will be accepted.
Employees’ children, dealers, subcontractors and other agents or representatives of U1ST, MAHLE SMARTBIKES or any other entities involved in the Raffle are excluded from participating in it. Previous persons’ relatives’ children up to the second degree of consanguinity, spouses or common-law partners will not be allowed to participate either.
U1ST is entitled to exclude participants who do not meet the Raffle’s requirements or who, in U1ST’s opinion, have failed to fulfil any other provision of these rules.
In the same way, any false indication or false identity indications will cause the participant’s immediate disqualification and, if so, the impossibility to enjoy the Prize.
Likewise, U1ST may eliminate from the Raffle those participants whose answers turn out to be manifestly erroneous in relation to the nature of the Raffle, due to not being consistent with what is proposed and lacking any kind of relationship with the object of the Raffle.
U1ST reserves the right to make the changes in this Terms and Conditions it deems appropriate at any time and to take the appropriate measures to solve conflicts or difficulties that may arise in the Raffle, provided that are justified, do not unduly harm participants and are duly communicated.
8. – PRIZE
The (1) winner of the Raffle, in accordance with these Terms and Conditions, will receive (1) an exclusive cycling jersey of GOBIK by MAHLE brand (hereinafter referred to as the “Prize”).
The Prize will not include any other benefit, expense, or service other than those expressly indicated in this section. Consequently, the winner will be responsible for any benefit or service that has not been expressly indicated in the previous description.
The Prize is subject to tax regulations. The winner is solely responsible for any taxes in association with the prize.
If due to circumstances beyond the control of MAHLE SMARTBIKES, it is unable to provide the indicated Prize, it may award another equivalent prize of equal or greater value.
The Prize of this Raffle is subject to these Terms and Conditions. The Prize will not be subject to change, alteration, or compensation at winner’s request. If winner declines the Prize, no alternative Prize will be offered. The Prize may not be object of legal transactions concluded for commercial or advertising purposes.
9. – NOTIFICATION OF THE WINNER
The Prize will be drawn randomly among all participants who have participated correctly in the Raffle, through and online draw platform that guarantees the results’ transparency and, as proof of it, issues a validity certificate, whose result is unalterable by the Organizers of the Raffle.
The (1) winner will be notified promptly by Instagram Direct Message following the prize draw to request the express acceptance of his/her winner status, and some proof of his/her identity such as a copy of his/her ID, as well as his/her home address.
If U1ST is unable to contact the winner within seventy-two (72) hours of the end of the Raffle, the first substitute will be named as winner, and so on until the (1) winner is contacted.
However, if the (1) winner does not accept the Prize or if he does not respond within seventy-two (72) hours of the notification of his/her winner status, or if he would have failed to fulfil these Terms and Conditions, the Prize will be assigned to the next participant, randomly selected, and so on until exhaust the list of participants.
If the winner and none of the substitutes were located in accordance with the above, if they do not accept the Prize, or if they are not entitled to the Prize, U1ST reserves the rights to declare the Prize void.
The winner will be publish on MAHLE SMARTBIKES’ Instagram official account on May 4th, 2023.
DÉCIMO. – IMAGE RIGHTS
The winner authorises U1ST and MAHLE SMARTBIKES to use his/her name and image in the advertising material related to this Raffle, including, without limitation, via internet or to communicate his/her winner status, as well as to promote MAHLE SMARTBIKES’ products and activities, without temporal or territorial limitation. In any case, the winner agrees to participate in the publicity related to this Raffle without compensation.
All of this, with the sole exception and limitation of those uses or applications that could contravene the applicable laws.
11. – USER ASSISTANCE
In case of any incident related to the Raffle, the participant can contact U1ST SPORTS MARKETING, S.L., Calle Uruguay 3 bis, 28016, Madrid, indicating “RAFFLE MAHLE SMARTBIKES” reference.
12. – DATA PROTECTION
In accordance with the provisions of the applicable laws, we inform you that the participant’s data will be used for the sole purpose of managing the participation in the Raffle, including, when applicable, the notification and publication of the participant’s winner status.
Likewise, the participants of this Raffle are informed of the following privacy and data protection aspects.
Data processing responsible
U1ST SPORTS MARKETING, S.L., with VAT Number B-84457324 and domiciled in Calle Colombia 12, 28016, Madrid, the data processing responsible. Hereinafter referred to as the “ENTITY”.
Personal data obtaining
a) Sources from which personal data come:
- Provided by the participant in the relationship established with the ENTITY, due to his/her participation in the Raffle.
- Derived from the management, maintenance and development of the relationship established.
b) Types of personal data processed by the ENTITY:
- Identification data.
- Email address.
Purposes of data processing
The ENTITY treats your personal data to achieve the purposes detailed below:
- To manage the Raffle and/or your participation in it, as well as to provide you information in order to comply your participation with the provisions established in this Terms and Conditions.
- To verify the absence of fraudulent actions or participations, contrary to this Terms and Conditions.
- To manage the delivery and/or facilitate the access and enjoyment of the Prize awarded to the winner.
- To comply with the legal and/or tax obligations that may correspond to U1ST as Organizer of this Raffle.
- In addition, and exclusively related to the winner of this Raffle, his/her personal data and, specifically, his/her name and image, will be processed in order to disclose and notify his/her winner status and disseminated for this purpose via corporate communication channels (internal or external) managed by the ENTITY. It informs you that the dissemination of the winner status may be carried out through digital or analogue channels, for goals of dissemination or corporate promotion.
By accepting these Terms and Conditions, the participant accepts the purpose of data processing described, in case of being the winner of the Raffle, and authorizes the ENTITY to carry out a use of his/her image trough which he/she participates in the Raffle, with non-exclusive international scope (without any territorial limitation), for the maximum time allowed by current legislation and free of charge. In any case, such publications will be made in accordance with the applicable laws.
Finally, the ENTITY informs you that the data processing for the purpose of dissemination and corporate communication described could involve the communication of personal data to any third parties witch access to media and communication channels where the aforementioned publications are made, as well as when such publications are made through accessible media without territorial limitation, such as Internet.
Data processing legitimacy is based in your consent.
By participating in the Raffle and accepting these Terms and Conditions, you consent your personal data processing, related to the purposes that make possible to mange your participation in the Raffle, including winner personal data processing for purposes of dissemination and ENTITY’s corporate communication.
Finally, we inform you that the ENTITY will also process your data for the observance of legal obligations as the Raffle’s Organizer.
Personal data provided
You should provide us with the information required via Instagram Direct Message to be beneficiary of the Prize.
If the winner of status of the Raffle implies the completion of your personal data, it will be necessary to provide at least the data indicated as mandatory to manage the Prize delivery. If you do not provide at least such data, such delivery cannot be processed.
By providing your data, you should guarantee its veracity, accuracy and that are completed and updated, being responsible for any, direct or indirect, damage, that may be caused as a result of such obligation breach.
Other receivers of your personal data
The personal data processed by the ENTITY to achieve the purposes detailed above may be communicated to the following receivers depending on the communication legitimizing basis:
- Public Administration and Organizations.
- MAHLE SMARTBIKES SYSTEM, S.L.U., to the following address: Orfebres 10, 34004 – Palencia (Castilla y León).
By virtue of the foregoing, the aforementioned data communications pursue to guarantee the correct development of the relationship established between you and the ENTITY, as well as comply with legal obligations required by those communications.
Data preservation term
Personal data will be kept during the term of the relationship established between the participant and the ENTITY and, subsequently, it will be kept, provided that participant’s deletion right have not been exercised, taking into account the applicable legal deadlines in each specific case, taking also into account the data type, as well as the processing purpose.
In response to our concern to ensure the security and confidentiality of your personal data and/or your child’s personal data, we have adopted the required security levels to protect your personal data. There have been installed technical media to prevent your personal data from loss, misuse, alteration, unauthorized access, and theft.
The ENTITY informs you that you have accessing right to your personal data and obtain confirmation on how such data is being processed.
Likewise, you have the right to request the rectification of inaccurate data or, when appropriate, request its deletion when data is no longer necessary for the purposes for which have been collected by the ENTITY, among other reasons.
In certain circumstances, you may request your data processing limitation, in which case the ENTITY will only keep them for the exercise or the defence of possible claims.
Also in certain circumstances, you may oppose to your personal data processing for the purpose informed by the ENTITY. In that case, will cease your personal data processing, unless legitimate reasons, or to guarantee the exercise or defence of possible claims.
Finally, you may request the portability right and obtain for yourself or for another service provider certain information derived from the formalized relationship with the ENTITY.
We also remind you that you will be able to object to your personal data processing at any time for advertising and promotional purposes.
Such rights may be exercised through the following channels:
· U1ST SPORTS MARKETING, S.L., Calle Uruguay 3 bis, 28016, Madrid, indicating the reference “MAHLE SMARTBIKES RAFFLE”.
It is required to prove the identity of the person who exercise his/her rights, by sending a copy of his/fer ID, Passport, or equivalent document, on both sides.
The ENTITY will provide you with the requested information within a maximum period of one month from request reception. This period may be extended to two months if necessary, considering the number and applications’ complexity.
You may withdraw the consent at any time, in the event that consent has been grate for a specific purpose, without affecting it the treatment’s lawfulness based on the prior consent to its withdrawal.
You may file a claim before the competent Data Protection Authority. However, in first instance, you may file a claim before the Data Protection Delegate, who will resolve the claim within maximum period of two months.
13. – DISPUTE RESOLUTION
For any doubts raised from the interpretation of this document, shall be exclusively settled under the Jurisdiction of Spain, Madrid, and its High Courts.
14. – OTHERS
The Organizer reserves the right to shorten, extend, modify, or cancel this Raffle if exceptional circumstances would prevent from its execution, communicating these circumstances to avoid participants from any damage.
The Organizer will not be responsible for delays, losses, or deterioration for reasons not attributable to it. The Organizer will not be liable for cases of force majeure that could prevent winner from enjoying all or part of the Prize.
Likewise, the Organizer will be exempt from every liability if any of indicated cases would occur, as well as from any liability for damages that would be caused during the Prize enjoyment.
The Organizer excludes any liability for any kind of damages that may be due to the lack of availability or continuity of the Web or social media through which is possible to participate in the Raffle; to the usefulness fraud that users may have attributed to it; and, specifically, to web access failures and participation response sending via Internet.
The Organizer reserves the right to eliminate from the Raffle for justified cause to any user who defrauds, alters, or disables the proper operation and normal and regulatory course of it.
15. – EXONERATION
This Raffle is not sponsored, endorsed, or administered by any social network, nor associated with any platform in any way.