These rules relate to the "PET CONTEST" promotion (hereinafter, the Promotion) undertaken by the company, TOLSA, S.A., with registered office at Calle Núñez de Balboa, No. 51, 28001 Madrid, Spain, with VAT No. A-28077709 (hereinafter, SANICAT or the Promoter), owner of the SANICAT brand of hygiene products for pets, and contain the terms of the Promotion and participation therein.
The rules of this contest are available to users at www.sanicat.eu/legal. Users can also see the terms and conditions for each promotional campaign according to the country of residence in the SANICAT profile on Facebook.
The company organizing the promotion and therefore responsible for it is TOLSA, S.A.
The period of validity of the various individual mechanisms for each country will be communicated in good time through the participation website.
These rules regulate overall participation in the various mechanisms for each country (hereinafter, the Actions) where the Promotion is in effect.
This Promotion may be conducted solely in the following European Union countries: Spain, France, Italy, Portugal, the Netherlands, Poland, United Kingdom, Hungary, Estonia, Latvia and Lithuania.
Participation in the Promotion is free of charge.
Only individuals of legal age, legal residents in one of the countries mentioned in the Third Clause, users of the social network Facebook, who have accepted these rules with all their terms and conditions may participate in this Promotion.
Employees of SANICAT or advertising agencies, promotional agencies or any other companies related to this promotion, and their relatives to the first degree of consanguinity and/or affinity, may not participate. Neither may any users who do not accept these terms and conditions participate.
Users will be informed of the prizes to be given by each country through the Actions of the Promotion in good time.
• The prize or the right to obtain it is not transferable and cannot be exchanged for cash or any other prize. In any event, the Promoter reserves the right to authorize the transfer of the prize, subject to the signing of the relevant documents of transfer and acceptance of the prize.
• Rejection of the prize does not give any right to compensation.
• If for any reason not attributable to SANICAT the intended prize is unavailable, the Promoter reserves the right to replace it with another of similar characteristics.
• The prizes will correspond to what is described in the rules for each individual action.
• SANICAT shall not be held liable if the prizes cannot be satisfactorily or fully enjoyed for any reason not attributable to the Company.
• If for any reason one of the winners cannot or does not want to accept the prize, or rejects it, or fails to comply with the terms of this promotion, the prize may be assigned to an alternate winner selected by SANICAT, which also reserves the right to declare the prize void and dispose of it as it sees fit.
• For the prize to be delivered, it is essential for the winner to show ID to prove that the name and surname of the winning record match those of the person receiving the prize. The Promoter may request additional data for delivery of the prize and any other data required for the proper running of the Promotion.
• Marketing and/or sale of the gift or the right to obtain it is prohibited.
• The claims period ends 15 calendar days after the date of completion of each action.
• If required by the nature of the prizes, the Promoter reserves the right to modify or extend the terms of the prizes, informing users in good time.
• All taxes and fees related to prize of this Promotion, or any additional expenses arising from delay or negligence on the part of the winner, shall be borne by the latter unless otherwise expressly set out in these rules. Any expenses related to improvements and extras that do not correspond to the prize specified in these rules shall be borne by the winning persons.
• In accordance with the Income Tax regulations, prizes for participation in games, contests, raffles or random combinations related to the sale or promotion of goods or services are subject to withholding or deposit provided that the tax base of the prize exceeds 300 Euros. In any event, the company, TOLSA, S.A., shall be responsible for making the appropriate deposit or withholding, and the winner for making the corresponding statement in their income tax return. For the delivery of any prize worth over 300 Euros, it will also be necessary for the winner to sign the communication of the prize amount and corresponding withholding for the purposes of Income Tax or any other obligation the tax authorities impose. The refusal to sign this document or meet these obligations shall result in the loss of the winner’s right to the prize, which shall become void. To this end, SANICAT shall send the winner who has accepted the prize the appropriate tax documentation, the winner being required to send it, duly completed, to SANICAT within fifteen days. The breach of this obligation shall result in the loss of the right to the prize.
The various Actions will be conducted through the SANICAT profiles in the social network, Facebook, according to the countries where the Promotion is in effect, as indicated in the third clause.
To participate in the Promotion users must be properly registered in Facebook and meet the terms and conditions set out by this network in relation to the registration and use of the site/application and issues concerning conditions of privacy, data protection and intellectual property.
During the period of the Actions, users who wish to participate in the general action must Access the SANICAT Facebook profile for the country from which they participate. In this profile, SANICAT will enable a tab through which to participate.Periodically, through the SANICAT Facebook profiles for each country where the Promotion is in effect, the Promoter will enable various individual Actions, whose requirements, deadlines, dynamics and prizes will be communicated to users in good time. The Actions, without prejudice to SANICAT opting for a different kind of participation, may include the following:
1. Facebook content contests: selection of winners by public vote and/or panel selection. Posts must respond to the proposed theme; otherwise, the participation will not be considered. The contents will be regulated by SANICAT, reserving the right to delete inappropriate posts. All images and videos provided by participants will be part of a gallery that will be shown publicly in the SANICAT Facebook profile.
2. Draws before notary: the draws will take place before a Notary of Madrid (Spain).
3. Draws on Facebook: draws conducted through applications on Facebook.
4. Winning moments: participants who coincide with a Winning Moment will get one of the prizes described. A Winning Moment will be a specific day, hour and minute within the participation period.
5. Prizes for the first participants: the first users to participate will receive one of the prizes described. SANICAT may decide the number of participants who will receive the prize.
The Actions shall be governed by specific terms and conditions that the Promoter communicates in good time to the users from each participating country. Anything that it is not regulated in these terms and conditions shall be subject to the conditions set out in these rules.
Also, if the terms and conditions of the Actions differ from these rules, the specific regulation of such Actions shall prevail.
The results of the Actions will be communicated through the SANICAT Facebook profile in the country concerned. The Promoter shall provide the winner with an email address through which to confirm acceptance of the prize. The Promoter will contact the winner to deal with the delivery and enjoyment of the prize.
In the event that, after publication of the winner, the latter does not contact the Promoter within FIVE (5) working days, or is unable or unwilling to accept the prize, SANICAT reserves the right to select a different winner or dispose of the prize as it sees fit. The actual delivery of the prize will be subject to the winner meeting the conditions specified in these rules and the accuracy of the information provided by the winner to SANICAT. The Promoter reserves the right to automatically terminate and reject without notice any participant it believes is not complying with the conditions of participation or is misusing or abusing the promotion.
Participants assign their image rights in order for their image to be reproduced, distributed and communicated in SANICAT’s profiles on social networks (Facebook, Pinterest, etc.) and on its website. The assignment is intended to enable the management and mechanics of the contest, and the possible broadcast of videos and/or images. In the event that photographs contain the image of a third party, the participant declares that they have the necessary consent to publish the image of the third party for the purpose specified. TOLSA, S.A. (SANICAT) disclaims all liability for any damages that may be incurred in this regard.
The winners authorize SANICAT to reproduce and use their name and other data, as well as their image, in any advertising-promotional activity related to the promotion they have won without such use conferring any right to remuneration or benefits other than the prize awarded. The winners expressly authorize SANICAT to publish both their name and their last name and photograph on the promotional website and social networks.
Participants in the promotion exempt SANICAT and its staff from any liability for any other violation of the law.
Participants in the Promotion agree to be original in relation to photos and/or videos posted and may not plagiarize any other artistic or advertising creation, or infringe the trademark rights or any intellectual and/or industrial property rights of third parties. In any event, the Promoter shall be exempt from any claims by third parties. Participants are liable for any violations caused or that may be caused to third party rights with the content provided and shall compensate the Promoter for any damages incurred by the breach of the aforementioned obligation.
Participants assign SANICAT the rights over the material posted (photos and videos) in order for it to disclose it publicly and communicate the results of this promotion, and for the publishing and advertising thereof. Specifically, for this purpose the rights of use, especially public communication, distribution, processing and reproduction, shall be assigned. All these rights may be used in any advertising format of the Promoter and in any media or channel, including television, Internet, analog and digital media, or any written media with no right to remuneration.
SANICAT is not liable:
- For the use the winner may make of the prize.
- For any services provided by other companies during this Promotion.
SANICAT reserves the right to terminate users who misuse the promotion or commit acts that are fraudulent or harmful to other participants. Should SANICAT or any entity linked professionally to this promotion detect any anomaly or if there are reasonable grounds to believe that a participant is preventing the normal running of the promotion or performing any fraudulent acts that contravene the transparency of the promotion, SANICAT reserves the right to terminate or even withdraw the prize from the participant concerned and all those participants who have benefited directly or indirectly from such fraudulent behaviour and may also exercise any civil or criminal actions that may apply.
In this regard, SANICAT states that it has enabled the appropriate mechanisms and technological support to detect any possible anomalous or fraudulent action that seeks to alter normal participation in this promotion.
SANICAT reserves the right not to award a prize if there are reasonable grounds to believe that a participant has breached any of these terms and conditions. SANICAT reserves the right to modify, extend or cancel the promotion or add successive annexes about the mechanics and prizes of this promotion provided they are justified or do not prejudice participants and are properly communicated.
In the event that this promotion cannot take place, due to detected fraud, technical error, or any other reason that is not under the control of SANICAT and affects the normal running thereof, SANICAT reserves the right to cancel, modify or suspend it without participants being entitled to claim any liability from the Promoter.
In addition, the Promoter reserves the right to amend these rules if necessary due to changes in the legal terms and conditions of Facebook or force majeure.
The personal data provided by participants to register will be processed according to Act 15/1999 on Personal Data Protection and other regulations on the subject and will be entered in an automated file owned by TOLSA, S.A. in order to manage their participation in this Promotion, send electronic communications related thereto, and send commercial information about its products and services by email. SANICAT states that it has adopted the technical and organizational data protection measures specified in the applicable regulations.
Participants may exercise their rights of access, rectification, cancellation and opposition to the processing of their personal data by sending a written communication, duly signed, accompanied by a photocopy of their ID, to TOLSA S.A., Calle Núñez de Balboa, No. 51., 28001 Madrid, Spain or via email to firstname.lastname@example.org indicating “Data Protection” as reference or subject.
The Social Networks in which the SANICAT brand is present do not endorse or run this promotion in any way and are in no way associated with it. Thus, it is expressly stated that Facebook has no connection with this action. Participants are informed that to participate in this Promotion they are providing their personal data to TOLSA, S.A. and not Facebook.
Participants exempt Facebook from any liability arising from this Promotion.
Users are responsible for their own comments and/or posts, TOLSA, S.A. disclaiming any liability resulting from the contents provided by the users.
Posts allusive to and/or containing sexual, violent, degrading, racist, discriminatory, defamatory content or insults and threats that may offend the sensibilities of an average person or which incite illegal behaviour will not be accepted. Neither will posts that violate intellectual and/or industrial property rights, privacy or any other third party rights be accepted. In any event, SANICAT reserves the right to disqualify and delete the posts of any users whose posts contain inappropriate content and to inform Facebook.
It is also forbidden to include comments and/or posts that contain personal data or images of third parties without their express consent for the dissemination of their image. SANICAT may delete any content that violates these prohibitions. THIRTEENTH.- Applicable legislation and deposit of the Rules before Notary.
This promotion is governed by Spanish law.
Participation in the promotion implies full acceptance of these rules and express submission to the interpretative decisions made thereof by SANICAT. The winner may be asked for a written document accepting all terms and conditions of the contest. All disputes arising under these rules, and in the event of discrepancy between the interpretation of these rules by the participants and SANICAT, shall be settled by the Courts of whichever territory may apply by law.TOLSA, S.A.