FAKE TRIP SMS Terms and ConditionsDocument Transcript
FAKE TRIP SMSTerms and ConditionsIBEROSTAR HOTELES Y APARTAMENTOS, S.L., CIF B-28049344, headquartered at Calle General Riera nº 154,C.P. 07010, Palma de Majorca, Spain (hereinafter, the Organizer or IBEROSTAR), is organizing a contest knownas FAKE TRIP SMS, which shall be carried out in compliance with the provisions hereunder. Participation in thisPromotion presupposes the full and unconditional acceptance of the terms and conditions of these ContestRules, as follows:CONTEST RULES: FAKE TRIP SMS”1.- OrganizerIBEROSTAR HOTELES Y APARTAMENTOS, S.L. is organizing a contest that shall be carried out in compliancewith the provisions hereunder. The contest will be called “Fake Trip SMS”.2.- DurationThe start date of the contest will be indicated in IBEROSTARs profile on Twitter and Facebook and shallremain in effect from 24 October 2011 to 7 November 2011 (at 2:00 p.m., Spanish peninsular time).3.- PrizeOne trip awarded by residence as follows:1. For residents of the Americas: Round-trip flights and an all-inclusive 5-night stay for two people at IberostarParaíso Resort (not including the Grand Hotel Paraíso).2. For residents of Europe: Round-trip flights and a 5-night stay for two people at Iberostar Anthelia (CostaAdeje, Tenerife, Canary Islands, Spain) with breakfast only included.All flights will be in economy class and are subject to availability.Lodging subject to availability (see point 8).Prize does NOT include airport transfers or other trip expenses.Reservations are only accepted through the contacts on the voucher.4.- Participation requirementsAny individual of legal age who is a fan of the official IBEROSTAR page on Facebook may participate in thiscontest. The above shall be verified when collecting the prize using a current official form of identification.Also, participants must provide the following personal information: full name and email address.5.- Contest detailsThe contest will be held through a specific tab found at www.facebook.com/IberostarUSACanada. There will beone winner, and the following instructions must be followed to be able to participate:Using the tab hosted on our webpage, participants must write a message to the person of their choice,pretending to send it while enjoying a stay at one of the IBEROSTAR hotels.Only one message per participant will be accepted. From the ten messages that receive the most votes, aninternal jury will select the most original message.
Any message that contains comments and/or images in poor taste, which go against a particular individual,group or the company, be they political, religious or represent racist, xenophobic, sexist or any other type ofcontent that IBEROSTAR does not deem appropriate for publication shall be disqualified and removed.Participants in this contest will NOT be able to vote for themselves. Only one vote per person is allowed, andrepeated votes will not be counted.6.- Selection of contest winnersThe 10 participant entries that earn the most votes and that are in accordance with the Contest Rules hereinwill be sent to an internal jury that will then select the most original entry as the winner.7.- Announcement of contest winnersThe winner will be announced once the contest has been completed via email to the winner. Therefore, werecommend the use of an active Facebook account and that the user provide an email address that he/shechecks often.In the event that the winner, for any reason, cannot or does not wish to accept the prize within a period of 4days from the time at which it is announced, renounces said prize or cannot be contacted within 4 calendardays of being designated the winner, said prize will be declared void.8.- Description and delivery of the prizeBy means of an internal jury, the most original message will be selected from among the 10 that receive themost votes. The winner will receive one trip awarded by residence as follows:For residents of the Americas: Round-trip flights and an all-inclusive 5-night stay for two people at IberostarParaíso Resort (not including the Grand Hotel Paraíso).For residents of Europe: Round-trip flights and a 5-night stay for two people at Iberostar Anthelia (Costa Adeje,Tenerife, Canary Islands, Spain) with breakfast only included.The prize does not include airport transfers or any expenses during the stay.In order to be eligible for the prize, the participant must be a fan of the official IBEROSTAR page on Facebook.The winners must provide their (first name, last names, email, telephone number and passport or other state-issued identification number) so that they may be contacted to receive their prize.The prize may not, in any case, be subject to any change, alteration or compensation at the winner’s request.The inability to redeem the prize will not confer upon the winner the right to any compensation or alternativeprize whatsoever. This prize may not be exchanged for any cash equivalent.In the event the contest winner cannot be contacted, the prize will be declared void. The prize will also bedeclared void when the winner of the contest renounces said prize. Upon accepting the prize, the winnerthereby grants his/her consent to IBEROSTAR to use his/her name and image in its standard communicationchannels.The participants, by merely participating in the contest hereunder, agree to the contest rules and the criteria ofIBEROSTAR regarding the resolution of any questions arising from the carrying out of this contest.The effective dates for redeeming the prize will always be subject to availability in the hotel of choice. In theevent that there is no availability for the dates requested by the winning participant, the Organizer will proposealternate dates so that the winner may enjoy his/her prize. The maximum period to enjoy the prize runs from 1January 2012 to 31 December 2012. High season (Easter week, 15 June to 15 September, and 25 December to
31 December) is excluded.IBEROSTAR reserves the right to declare a prize void if none of the winners claims the prize within the periodestablished in this clause.The period during which the prize from this contest can be claimed will terminate in accordance with theperiods established in the Contest Rules hereunder.9.- Waiver of responsibility for poor network functionThe Organizer is not responsible for the malfunctions of the electronic communication networks that impedethe normal course of the contest for reasons outside the company or for external actions in bad faith.Nor will the organizer be responsible for data loss or transfer problems that cannot be attributed to it.10.- Release of intellectual property rights and authorization of imaging rightsParticipants who publish messages on the contest web page release their image, including their name and thecontent of their message to IBEROSTAR HOTELES Y APARTAMENTOS, S.L., in accordance with Spanish law(the Ley Orgánica 1/1982 of 5 May, regarding rights to honor, personal and family privacy and own image).This release includes all rights of exploitation, exhibition, editing and broadcasting of their image and the nameand message until 31 December 2012, for use in IBEROSTAR’s publicity campaign in the following media:Internet and web client, and formats for promoting the brand.The present release does not compel IBEROSTAR to use participant names and messages.IBEROSTAR guarantees that the messages will not be used for a purpose other than promotion and publicity ofits brand and associated products and services, and will not use said messages for illicit, threatening, injurious,defamatory, obscene, pornographic or other ends, different from the one established hereunder.Participants declare that they are the legitimate owners of all rights on any videos, photographs, power points,and texts released under the present contract; that they were created by themselves and that in no case is thematerial protected by a third party’s copyright or brand rights.Likewise, participants warrant that they have the expressed consent of any person who appears in submittedmaterials, in compliance with the aforementioned “Ley Orgánica”, as well as article 5 of the Ley Orgánica15/1999 of 13 December with respect to protection of personal data.11.- Personal DataThe participants, by participating in this contest on Facebook, authorize their names to be published inIBEROSTAR’s different social networks and means of communication.In accordance with the Ley Orgánica 15/1999 of 13 December with respect to protection of personal data(hereinafter, LOPD), participants are advised that personal data and photographic materials furnished in theprocess of participation will be used by IBEROSTAR for the management and control of the current promotion;participants thus consent by necessity to the publication of said data and photographic material, with the reachand in the conditions indicated in these Contest Rules.Participant data will be incorporated likewise into the IBEROSTAR brand user file, for the purpose of brandloyalty programs and service personalization, as well as to send, including by electronic means, personalizedcommercial communications about travel products and services of the IBEROSTAR group.Participants agree that the different entities of the IBEROSTAR group with which they may come in contact forthe contracting or rendering of services may access their data as users of the brand for the personalization of
said services, agreeing also to the international transfer of their data when said entities are outside theEuropean Economic Area.The data for participants residing in the United States of America will be shared with VISIT US, INC., a UScompany dedicated to the promotion of travel products, so that VISIT US, INC. may provide them withcommercial information associated with said products; likewise, participants agree to the correspondinginternational transfer of their data.Those affected may exercise their right to access, rectify, cancel and oppose in writing, accompanied by a copyof their passport or other state-issued identification, to the Customer Service Department at IBEROSTARHOTELES Y APARTAMENTOS S.L. headquarters, located at Calle General Riera nº 154, C.P. 07010 Palma deMajorca, Spain.Consent to the treatment and release of rights indicated in these Contest Rules is a mandatory prerequisite forparticipation in the current promotion.12.- Waiver of liabilityMembers agree to release IBEROSTAR and VISIT US, INC. and their sponsors, subsidiaries, affiliates, suppliersand agents from any and all liability for injuries, losses, or damages of any kind caused directly or indirectly byparticipation in this contest or relating to the prize.13.- Acceptance of the contest rulesBy participating in this contest, participants agree to the totality of its terms and provisions.All questions, comments or complaints regarding the offer must be sent to IBEROSTAR.14.- Applicable law and jurisdictionThe terms and conditions of the current promotion will be governed by Spanish law.Any issues arising from these Contest Rules shall be submitted to the Courts and Tribunals of Palma deMajorca.ANNEX 1: MODIFICATION OF THE CONTEST RULESIBEROSTAR reserves the right to modify the contest hereunder if the circumstances so require.Likewise, the Participant expressly recognizes and accepts that IBEROSTAR may, at any time, modify, interrupt,deactivate and/or cancel the contest for justified reasons.Facebook is not sponsoring this contest or managing it in any way, nor is it associated with it. Thus, allinformation is provided to IBEROSTAR and not to Facebook.