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Legal Rules and Regulations.
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Legal Rules and Regulations for the SEAT, S.A. Promotion “Flaixbac Showcase: Els Catarres”

1. ORGANISER, TIME AND GEOGRAPHIC SCOPE, AND PARTICIPANTS.

Trade company SEAT, S.A. (hereinafter “SEAT”) with business address at Autovía A-2, km. 585, Martorell (08760), Barcelona, and registered with the Barcelona Companies House in volume 23662, folio 1, sheet B-56-855, with Tax ID number (NIF) A-28049161, is organising a promotion called “Flaixbac Showcase: Els Catarres” (hereinafter the “Promotion”), from 17 January 2023 at 9:00 am to 23 January 2023 at 11:59 pm (hereinafter the “Duration”).

The Promotion is open to all persons residing in Spain who are of legal age and who have registered on the form.

Employees of SEAT or companies it collaborates with may not participate in this Promotion. Nor may any individuals who were involved directly or indirectly in putting together the Promotion, or their first-degree relatives by blood or marriage. In general, legal persons and persons under 18 years of age are not eligible to participate.

SEAT establishes that the right to participate in this Promotion is totally free of charge.

2. PURPOSE

The purpose of the Promotion is to position CASA SEAT on the cultural and musical scene on a national level. As such, the prize described in paragraph 5 (the “Prize”) will be given out among the participants who, during the Duration of the Promotion, meet the conditions and requirements established in these rules and regulations.

3. CONDITIONS OF PARTICIPATION

Any individual who meets the following requirements shall be deemed a participant:

Individuals of age with legal residence in Spain who have filled in all the information requested on the form created for said purpose, accessible via the URL: https://events.yumiwi.io/sorteo-flaixbac-showcase-els-catarres/registration#/

 

  1. Potential participants must expressly accept these rules and legal regulations to take part in the Promotion and, as a result, win the Prize.

A single file will be created with all the participants who fill in the registration form and meet each and every one of the requirements established in paragraph 1.

Participants who win the prizes may be asked to prove their identity by providing official documentation (Spanish ID, passport, driving licence, etc.) at any time, including before and during the Prize is given out.

4. PROMOTION MECHANICS

The Promotion will be carried out by means of a prize draw. The draw will take place between all participants who meet the conditions and requirements mentioned below.

Each participant must properly fill in the registration form with their personal details (name, surname, phone number and email). The required documentation must be up to date, contain truthful information and comply with the Promotion's requirements. Entering incorrect or incomplete information to register for the Promotion may prevent SEAT from contacting the participant. To avoid this situation, any personal and other information provided by the participant must be accurate and up-to-date. SEAT shall be deemed to be authorised to process such data in accordance with the terms and for the purpose described herein.

SEAT, at its sole discretion, may extend the Duration.

Each participant must also accept these rules and regulations and comply with the participation conditions described herein.

To choose the winners, SEAT will create a computer file with the details of all participants who, fulfilling the requirements set out in these rules and regulations, have properly filled in the online form. Said file will contain a numbered list, one on each line and in chronological order, of all the entries properly received via the form provided for this Promotion.

From all participants, one winner will be randomly selected, corresponding to the first randomly selected number. 

The number, or numbers, directly following each winning number shall be used in place of the first number drawn if the original winner does not accept the Prize. There will be a maximum of three substitutes for each winner.

Should the winner or alternates, for reasons beyond SEAT's control, not be located, not accept or decline the Prize in accordance with the process established for the award of the Prize described in clause 7, the Prize will be forfeited.

SEAT will publish the name of the winner on the CASA SEAT website (https://www.casa.seat/es/legal/nota-legal/bases-legales-promociones-inactivas.html).

SEAT shall contact the winner by telephone.

5. PRIZES

The prize is a pair of tickets for the Flaixbac Showcase: Els Catarres at CASA SEAT on 26 January, valued at €40 (VAT included).

There will be a total of 3 winners, who will receive 1 pair of tickets to attend with a companion, the total cost of which will be €120 (VAT included).

The Prize does not include any other expenditure the winner may incur to participate in the Promotion (including but not limited to transport, accommodations, meals, etc.).

Under no circumstances may the prize be exchanged for its cash value, as it is personal and non-transferable. Similarly, the sale or marketing of the prizes is prohibited.

SEAT reserves the right to adopt any corrective measures and make any reasonable decisions it deems necessary to resolve any incidents that may arise over the course of the Promotion in order to ensure it runs smoothly.

Nevertheless, SEAT reserves the exclusive right to modify both the nature and the Prize amount that is the object of this Promotion and to adjust it to the eventualities that may arise, due to force majeure not attributable to SEAT.

The winner must present his/her ID card and that of his/her companion prior to the start of the event and in order to gain access to the entrance to the event.

SEAT’s obligations regarding the awarding of the prizes shall cease upon the awarding of said prizes to the winner.

Winners:

  • Victor Diaz Luque
  • Aleix Gorina Bail
  • Rosa Fernández Marchal

6. MARKETING ACTIONS TO PUBLICISE THE PROMOTION

The Promotion will be announced through CASA SEAT's digital profiles.

7. NOTIFICATION OF THE RESULTS OF THE DRAW AND AWARDING THE PRIZES

The Prize will be assigned the day after the end of the Promotion.

SEAT shall contact the winner by phone once it has verified the participant meets the conditions of the Promotion.  Participants are responsible for maintaining available telephone communication methods.

If no response is received on the first attempt, two additional attempts shall be made to contact the winner at the same phone number within 24 hours of the draw. If there is no answer to all three phone calls, said individual shall automatically forfeit the Prize and SEAT shall assign it to the next winner by order of the draw. If the other winners and substitutes do not accept or forfeit the prizes within the established time period, the promotion shall be declared null and void.

Once SEAT notifies the winner that he/she has won the Prize, an e-mail will be sent informing him/her of the Prize details and the winner must confirm acceptance of the Prize in said e-mail. Should the winner fail to do so within the period expressly indicated in the e-mail, the same procedure will be followed as specified in the immediately preceding paragraph. The winner must be clear and concise when accepting the Prize by expressly replying "I ACCEPT / I DO NOT ACCEPT".

The winner and their guest must show photo ID to enter the event.

SEAT’s obligations regarding the awarding of the prizes shall cease upon the awarding of said prizes to the winners.

8. FRAUD

If SEAT or any other organisation associated professionally with this Promotion detect any anomaly or suspect a participant is impeding normal operations of the Promotion, illegally altering their registration or participation using technical or computer procedures to counterfeit their participation, SEAT shall unilaterally eliminate said participant’s registration from the list, without any notification to the person concerned.

As such, it is important to add that SEAT has put in place the technical means required to detect any fraudulent, anomalous or malicious acts that aim to alter the normal course of the Promotion in order to misappropriate a Prize. So, SEAT reserves the right to eliminate from the list any participants who show or are suspected of irregular actions in the sense described above, without any sort of notification.

9. FORCE MAJEURE

SEAT reserves the right to postpone, change, cancel or suspend this Promotion or to adopt any measures reasonably deemed necessary due to causes of force majeure or causes beyond SEAT’s control.

If, for the abovementioned causes, it is necessary to change the dates of the Promotion, SEAT shall notify participants of the new dates by email or other means available.

SEAT shall be held harmless for any liability in terms of compensating participants if the Promotion is suspended or cancelled due to the abovementioned circumstances or if required by law, which participants would be notified of as soon as possible.

10. TAX WITHHOLDINGS

Law 35/2006, of 28 November, on Personal Income Tax and the Rules on Personal Income Tax in Royal Decree 439/2007 modified by RD 2004/2009, shall apply to the prizes for this Promotion.

As per the abovementioned regulations, participants in this Promotion are hereby notified that prizes awarded through participation in games, contests, raffles or random number draws associated with the sale or promotion of goods or services are subject to IRPF tax withholdings or deposits if the prize is valued at more than €300.

For the purposes of said withholdings, participants are hereby notified that the market value of the prizes in kind is established at the acquisition price plus twenty percent (20%), as established in article 105.1 of Royal Decree 436/2007, of 30 March, approving the Income Tax Regulation (IRPF).

With regard to the above and in compliance with current tax law, if necessary, SEAT shall withhold the required amount based on the value of the prize awarded and, in due time, issue the relevant certificate for the winning participants to comply with their tax obligations by disclosing said prize on their IRPF forms, along with any other income they may receive, and from the total due may deduct the amount withheld and paid to the Tax Authorities, as shown on the certificate provided, as per the abovementioned Law 35/2006, of 28 November. As such, SEAT shall only be liable for its legal obligation to withhold and surrender to the Tax Authorities on behalf of the taxpayers, and the taxpayers shall be fully liable for complying with their respective tax obligations.

11. PERSONAL IMAGE RIGHTS

Promotion participants authorise SEAT to use their name and social media profile image to publicise their participation in the Promotion on SEAT’s websites and social media profiles according to the terms of Law 1/1982.

The winners of the Promotion authorise SEAT to use, capture and reproduce by any means their personal image (including voice and name), due to their status as winners of the Promotion, this authorisation including the capture, exploitation, reproduction, publication, transformation and public communication (as well as making available to the public) of his or her image (and/or voice and name) by any means or support, whether analogue or digital, for the whole world, free of charge and for the maximum duration of the rights, including but not limited to any media, print, audiovisual, digital, press, radio, Internet, social networks, etc., as well as in marketing campaigns related to the prizes received without the right to any additional consideration.

This authorisation encompasses the use of the winner’s name, image and voice for any purpose under the framework of this Promotion (whether commercial, promotional or other) in any media, whether analogical or digital, including any communication media outlet, worldwide, for free, for the maximum term of said rights.

Notwithstanding the above, SEAT shall under no circumstances be obliged to use the images, names and/or voices of the winners, and may use them partially or not, choosing the photos, images and/or making the edits and/or adaptations it sees fit in each case.

The authorisation and release of rights established herein is done free of charge, with all participants expressly accepting that they shall receive no compensation for this other than the prize awarded to the winners.

 

12. DATA PROTECTION

Who is responsible for processing your personal data?

Data Controller’s name: 

SEAT, S.A., with Tax ID number (CIF) A-28049161

Address:

Autovía A-2, Km. 585, Martorell (Barcelona)

Email:

privacidad@seat.es 

Contact details for Data Protection Officer:

dataprotection@seat.es 

 

Why do we process your personal data?

SEAT shall process the personal data you provide for the purposes of managing your participation in the Promotion (including but not limited to contacting winners, ensuring contestants meet the conditions to be participants and winners, and, when applicable, to award the Prize, as well as publicising their status as winner on the CASA SEAT website). If you do not provide your personal data, you will not be able to participate in the Promotion, as your data is necessary to manage your participation in the Promotion.

With consent, to send communications related to CASA SEAT news by written, electronic and/or telephone means.

What is the lawful basis for processing your personal data?

The lawful basis for processing your personal data is the performance of a contract consisting in properly managing your participation in this Promotion as per the provisions of these legal rules and regulation.

With regard to sending communications regarding CASA SEAT news, the lawful basis legitimising this processing shall be your express consent. Remember, you may revoke said consent at any time without affecting the lawfulness of the consent-based processing carried out before it was revoked.

What data do we process?

 

SEAT will process your identification and contact data. Additionally, other personal data may be requested, such as your ID number, date of birth, fiscal address or postcode, if you are chosen as one of the winners of the Prize, in order to verify that you meet the conditions of the Promotion, check your identity and that of your companion, prevent fraud and manage SEAT’s legal and fiscal obligations as the organiser. 

 

Who will personal data be shared with?

If you win, your details may be passed on to companies in the hospitality, leisure and transport sectors. Furthermore, SEAT may disclose your data in response to the legal obligations applicable in any given circumstances.

Additionally, we hereby notify you that SEAT’s virtual infrastructure is run using a “cloud computing” model provided by salesforce.com, Inc., with business address at The Landmark @ One Market Street, San Francisco, CA 94105, United States of America. As it is an international transfer of data, SEAT has signed the standard contractual clauses provided by the Commission in order to provide data protection safeguards at the same level as in the European Union.

How long will personal data be kept?

SEAT will keep your personal data for as long as this Promotion is carried out, and in any case for as long as you do not request it to be deleted, as well as for the time necessary to comply with the legal obligations that in each case correspond according to each type of data (3 years in the case of sending commercial communications and 5 years in the case of information linked to participation in the Promotion).

What rights do you have as a data subject?

Right

Content

Channels

Access

You may obtain confirmation as to whether or not SEAT is processing your personal data and see your personal data that is stored in SEAT files.

 

To exercise these rights, send an email to privacidad@seat.es.*

*In order to exercise your rights, you must clearly indicate the right you wish to exercise.

Correction

You may modify your personal data when it is inaccurate and complete data that is incomplete.

Erasure

You may request erasure of your data when, among other reasons, it is no longer necessary for the purposes for which it was collected.

Opposition

You may request that your personal data not be processed. SEAT will stop processing the data, except when there are legitimate overriding circumstances, or it is required to exercise or defend against any possible claims.

Limitation of processing

You may request that the processing of your personal data be limited in the following situations:

§ While verifying a challenge to the accuracy of your data;

§ When the processing is unlawful, you oppose to the erasure of your data, and request its use be limited;

§ When SEAT does not need to process your data but you need it to exercise or defend against any claims;

§ When you have opposed to the processing of your data in the name of public interest or legitimate interest, while verifying whether the legitimate motives for processing prevail over yours.

Portability

You may receive, in electronic format, the personal data you provided to us and the data obtained through your contractual relationship with SEAT, and have it transferred to another organisation.

If you believe SEAT has not processed your personal data in line with applicable law, you may lodge a claim with the competent supervisory authority on the website www.aepd.es.

There is no cost for exercising these rights.

 

13. SEAT’S LIABILITY

SEAT reserves the right to shorten, extend, modify or cancel this Promotion in the event of exceptional circumstances that prevent it from being carried out, communicating these circumstances in such a way as to avoid any harm to the participants.

Without limiting in any way the rights afforded to consumers by the applicable provisions, SEAT accepts no liability for the loss or delay of any participation due to any interruption, temporary lack of availability or continuity of operations, transmission issues, loss of information, fraud, damage to the network, software failure, access, communication or response failure, or response or alteration to the Promotion due to technical issues or others beyond its control or attributable to network providers, intermediary service providers or third parties.

Participants in this Promotion shall hold SEAT harmless, in the broadest sense allowable by law without limiting their rights as consumers, for any sort of liability, penalty, claim, lawsuit or civil, mercantile, penal or administrative action, including indemnification of any nature and/or sort, costs or expenditure (expressly including lawyers’ fees).

Without limiting the application of the guarantees and rights afforded to consumers in applicable law in any way, SEAT shall not be held liable for any negligent or unlawful use of the Prizes by the participants and shall not be held liable in any way for any damages of any sort that may be incurred by the winners or third parties as a result of using the Prizes.

SEAT reserves the right to adopt any corrective measures and make any reasonable decisions it deems necessary to resolve any incidents that may arise over the course of the Promotion in order to ensure it runs smoothly.

SEAT shall not be liable for the information on social media to which the user has access, as said networks have their own privacy policies over which the company has no control.

SEAT shall be exempt from any and all responsibility over proper operations of said networks, over the veracity and lawfulness of any content or information beyond SEAT’s control to which users may gain access through said networks, or any damage users may incur as a result of their use of the data.

If a Court of law or competent administrative body were to strike down any of the clauses of these rules and regulations as invalid, illegal, null or voidable, said clause shall be removed from this document with no effect on the rest of its clauses.

SEAT shall be exempt from any sort of liability from the moment the winner accepts and uses the Prize. The winner of the Prize may not take any sort of legal action against SEAT for any reason arising from the use of the Prize.

14. ACCEPTANCE OF THE RULES

Participation in this Promotion entails acceptance of these rules and regulations, so any manifestation of non-acceptance of the rules, in full or part, shall lead the participant to be disqualified and, as a result, the organisers shall be exempt from fulfilling their obligation to said individual.

Participants thus accept SEAT's criteria regarding the resolution of any issue arising from this Promotion. Legal terms and conditions can be consulted at any time by accessing the following link: https://www.casa.seat/es/legal/nota-legal/bases-legales-promociones-activas.html

15. RESOLUTION OF DISPUTES AND APPLICABLE LAW

SEAT and the participants in the Promotion mutually agree to take up any issues that may arise from these rules and regulations with the courts of the city of Barcelona, as per general Spanish law, expressly waiving any other jurisdiction to which they may be entitled.


© SEAT, S.A.U. 2023. Total or partial reproduction is prohibited. All rights reserved.