Legal basis raffle

PALMA JETSKI Promotion - "WE WILL RAFFLE 1 DOUBLE JETSKI TOUR EXPERIENCE". 

Promotion valid from 13/09/2023 to 20/09/2023, at 24:00h, for all registered users on Instagram. 

Persons to whom this promotion is addressed: 

This promotion is only aimed at: 

(i) users residing in national territory with a minimum age of 18 years, being considered as such exclusively private individuals, with the exception of employees of the company Mallorca Water Sport Center SL and agencies involved in the promotion, suppliers, direct or indirect collaborators who have participated in the elaboration or printing of the components of the promotion, nor the direct relatives of all of them. 

You can consult the legal bases of this promotion at any time in the Bio.
 
Mechanics: 

Registered users on the Instagram platform interested in participating in the promotion must: 

- have a real Instagram profile; 

- follow @palmajetski

- mention, by commenting on the corresponding post, a user/friend with whom you would like to live the experience. In any case, the prize will go to the participating user. 

The draw will be carried out by means of an application for this purpose among all the comments published. ONE (1) winner will be chosen at random. 

Additionally, FIVE (5) participants will be selected as a reserve. 
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Users may participate as many times as they wish as long as they mention different users/friends each time. 

Prize: ONE (1) 1-hour Jetski excursion experience for 2 people worth ONE HUNDRED AND SEVENTY-FIVE (175) euros.
 
MALLORCA WATER SPORT CENTER SL. reserves the right to request a photocopy of the D.N.I. (or any other valid identification document, such as passport or driving licence) prior to the delivery of any prize. In the event that the winner is under 18 years of age, their participation will be considered invalid and all personal data will be deleted, in accordance with current legislation on data protection.

The prize may not be exchanged for its cash value, nor may it be transferred to third parties. 

The prize will not be subject to change at the request of the participants in the Promotion. 

Enjoyment of the prize will be personal and non-transferable, and the commercialisation of the prize is expressly prohibited. 

MALLORCA WATER SPORT CENTER SL. reserves the right to modify the prize for others of similar characteristics or value. 

MALLORCA WATER SPORT CENTER SL. will publish the name of the winner on Instagram. MALLORCA WATER SPORT CENTER SL. will contact the winner via private message to manage the delivery of the prize. 

If it is not possible to contact the winner within FORTY-EIGHT (48) calendar hours, it will be understood for all purposes that the winner renounces the prize, and the prize will be designated to the next winning participant in reserve. 

If neither the details of the winner nor those of the reserve winners are obtained, the prize will be declared void. 

The winner authorises MALLORCA WATER SPORT CENTER SL., where applicable, to publish, by means of a public publication on their own profile on the social network Instagram, their name as the winner of the competition. 

In the event that the number of participants in this promotion is less than the number of prizes, the remaining prizes will be considered void for all purposes. 

Tax withholding: 

The prizes that are the object of this promotion are not subject to withholding or payment on account of Personal Income Tax (IRPF) in accordance with article 75.3.f) of Royal Decree 439/2007, which approves the IRPF Regulations, as their withholding base is less than €301. 

Management of the prize delivery: 

The prize will be managed by the communication department of MALLORCA WATER SPORT CENTER SL.

The waiver of the prize will not entitle the winner to any indemnity or compensation whatsoever. 

In the event that the prize has been won, the date for enjoying the experience will be communicated and agreed with the winner, and the experience may be exchanged up to 30-09-2024, weather conditions permitting. 

The prize will be sent by MALLORCA WATER SPORT CENTER SL to participants who wish to request information about their status.

can send/raise their queries during the term of the contract via the following e-mail address: info@mallorca-water-sport-center.com, or by telephone to 971402512 (opening hours: Monday to Friday, excluding public holidays, from 9.00 a.m. to 6.00 p.m.). 

General terms and conditions: 

Participation in the promotion in a fraudulent manner (use of robots, non-manual systems, hacking, etc.) will result in the automatic elimination of your participation, with no right to any prizes that have been assigned in commission of fraud or deception.
 
Without prejudice to the aforementioned, MALLORCA WATER SPORT CENTER SL. wishes to provide a suitable space for the purpose of this Promotion, which is why a filter will be carried out in relation to the content of the participants' comments and, being entitled to not publish said comment depending on the content of the same, or if the following attitudes are observed: 

Defame, abuse or violate the legal rights of other users, in relation to publicity and privacy of the same. 

Discriminate on the grounds of race, sex or religion against opinions or comments made by other users. 

Publish directly or through links defamatory, obscene, violent or offensive content for third parties. 

Violate Industrial or Intellectual Property rights. 

Incorporate viruses or other physical or electronic elements that may damage or impede the normal operation of Instagram. 

The finding of any of the aforementioned circumstances during the promotion will result in automatic disqualification and prohibition from participating in the promotion. 

In the event of invalidation of the winner for any reason, the prize will be awarded to the next winning participant in reserve. 

By participating in the Promotion, the participant in the Promotion and the sender of the Content accepts these conditions (which may be consulted at any time in the Bio section) with regard to the resolution of any issue arising from the project in which he/she participates. MALLORCA WATER SPORT CENTER SL. reserves the right to modify these conditions at any time and to cancel them, undertaking to communicate the new conditions or definitive cancellation, if applicable. 

Responsibility of the organising company:
 
The user declares to be aware that Instagram is a platform outside the control of MALLORCA WATER SPORT CENTER SL. and consequently MALLORCA WATER SPORT CENTER SL. shall not be liable for the malfunctioning of said platform, lack of availability or incorrect transmission of content that prevents the normal development for reasons beyond the company's control. 

Likewise, MALLORCA WATER SPORT CENTER SL. shall not be liable in the event that a third party claims any rights that it may hold over any content published by the participating users themselves. 

Under no circumstances does Instagram endorse this promotion, nor does it sponsor it. Instagram is not responsible for this promotion. 

Data protection: 

In accordance with the Data Protection regulations in force and the European Personal Data Protection Regulation, we inform you that your personal data will be processed by MALLORCA WATER SPORT CENTER SL, with registered office at Avda Joan Miro, 327, 07015 Palma de Mallorca, Spain.
 
MALLORCA WATER SPORT CENTER SL. will process your personal data in order to: 

- Manage your participation in the competition and any related activity, such as communicating any changes or incidents, your status as a winner, etc. 

- Manage the delivery of the prize. To do so, we will contact you by the means available to us at any given time (email, private communication on the participation platform, etc.) to request any additional information we may need to manage the delivery of the prize (e.g. ID number, postal address, etc.). 

- To publish the winners' details on the websites indicated in these legal bases. 

The legitimacy of this data processing is based on the fulfilment of the legal obligations arising from your participation in the competition. 

For more information on the processing of personal data by MALLORCA WATER SPORT CENTER SL. you can access the website https://palmajetski.com.

Beyond the communication necessary to comply with the obligations of this promotion, the personal data of participants will not be disclosed to third parties, beyond those suppliers who provide us with a service related to this promotion, and who in any case will process the data on our behalf. 

The data will be processed for the duration of the promotion and, once the prizes have been awarded, for the legal period necessary to comply with current legislation. 

We remind you that you may exercise your rights of access, rectification, cancellation, deletion, oblivion, limitation and portability, as well as oppose the processing or opposition to the processing of your data by sending a written communication to MALLORCA WATER SPORT CENTER SL, Avda Joan Miro 327, 07015, Palma de Mallorca (Ref. Competition "Palma Jetski Promotion - "WE WILL RAFFLE 1 DOUBLE JETSKI TOUR EXPERIENCE") or by sending an e-mail to info@mallorca-water-sport-center.com, together with a photocopy of your ID card or passport and indicating the right you wish to exercise, as well as revoking the consent given for this processing. 

You have the right to file a complaint with the Spanish Data Protection Agency (AEPD), the competent authority for data protection, through its website (https://sedeagpd.gob.es/sede-electronica-web/) or by writing to the headquarters of that body. 

Privacy on Instagram: 

MALLORCA WATER SPORT CENTER SL reminds its fans that, as informed by Instagram in its Privacy Policy, the information that the application can access is that which each user has defined in the privacy settings of their Instagram profile and always with the prior permission of the user to access certain information to provide the service. We recommend that you carefully read Instagram's Privacy Policy, which you can access via the following link: 
https://instagram.com/about/legal/privacy/ 

Intellectual Property: 

By participating in the promotion, the winner accepts that MALLORCA WATER SPORT CENTER SL may disseminate the name they have indicated, through publication and public communication on the internet, both on PALMA JETSKI websites and on Instagram websites (website operated by a third party and whose conditions of use -especially in terms of privacy- the participant declares to know and accept). In particular, the participant consents to his/her photo and name being accessible, through such dissemination, by any person from anywhere in the world. 

The participant specifically accepts that third parties who access a website on which his/her comment and name are published may publish comments regarding the participant; MALLORCA WATER SPORT CENTER SL. shall not be obliged to verify or control the content or other aspects of the aforementioned comments, nor the uses that third parties may make of them or of the photos and names of the participants. 

The participant acknowledges and accepts without reservation these points and the risks inherent to the same, and agrees to completely exempt MALLORCA WATER SPORT CENTER SL. from any liability that may arise from all of the above, without prejudice to the rights that may assist the participant directly with respect to said third parties. 

MALLORCA WATER SPORT CENTER SL reserves the right to remove comments that it considers offensive or contrary to the dignity of the participants or that infringe any type of regulation in force.