Terms and Conditions for #MM93THEARTIST

1.- Organizing company

The company Repsol, S.A. (hereinafter “REPSOL”) with CIF No. A-78374725 and registered offices located at Méndez Álvaro, 44, 28045 Madrid, intends to carry out a promotion aimed at adult followers of Box Repsol’s Facebook, Instagram, and Twitter social media profiles (hereinafter, “Participants”), which will be developed in accordance with these rules (hereinafter “Rules”). The above mentioned promotion shall be called “#MM93TheArtist” (“Promotion”).

2.- Purpose

The aim of this promotion is to auction off Marc Márquez’s paintings to followers of the Repsol Team on Social Media.

3.- Promotional period

The Promotion shall take place worldwide from 23 January 2020 at 12 p.m., the moment at which the Promotion will be announced on social media, to 22 February 2020 at 12 p.m., both dates included, peninsular time in Spain, (hereinafter the “Promotional Period”).

4.- Cost

The Promotion is free and therefore no additional payment is necessary to participate and win the contest’s prize, without prejudice to the expenses, fees, and/or taxes corresponding to the winner in accordance with these terms and conditions.

5.- Eligibility rules and how to participate

The Promotion is open to participation of all persons over 18 years of age who duly follow the steps laid out in these Rules and adhere to Repsol’s norm on Moderation on those social media networks where one is included.

Participants must follow Box Repsol’s profiles on Facebook, Instagram, and Twitter; have an active profile built with real personal information; and have accepted the legal and safety conditions of the social media networks.

Depending on the social media network, users must follow the steps below to take part:

Participation on FB (2 paintings):

Users can win one of Marc’s paintings in the following way.

1st painting: Box Repsol will launch a challenge on its Facebook profile, which must get 1000 likes. This post will unlock the auction of the first painting. On the following working day, Box Repsol will make another post asking users to give the painting a title. Users must answer with a comment using the hashtag #MM93TheArtist and like the post so their comment is considered valid. The competition will be open for five working days following the launch. The user that posts the most original and creative title will be declared the winner, as decided by a Repsol jury.

2nd painting: Box Repsol will launch a challenge on its Facebook profile, which must get 100 comments with eight emojis summing up Marc Márquez’s 2019 season. This post will unlock the auction of the second painting. On the following working day, Box Repsol will make another post asking users to name one of their friends and say why they would give them the painting. Users must answer in the comment using the hashtag #MM93TheArtist and like the post so their comment is considered valid. The competition will be open for five working days following the launch. The user that posted the most original and creative comment will be declared the winner, as decided by a Repsol jury.

Participation on Instagram (2 paintings):

Users can win one of Marc’s paintings in the following way.

1st painting: Box Repsol will launch a challenge on its Instagram profile, which must get 5000 likes. This post will unlock the auction of the first painting. On the following working day, Box Repsol will make another post asking users to give the painting a title. Users must answer with a comment using the hashtag #MM93TheArtist and like the post so their comment is considered valid. The competition will be open for five working days following the first post. The user that posts the most original and creative title will be declared the winner, as decided by a Repsol jury.

2nd painting: Box Repsol will launch a challenge on its Instagram profile, which must get 100 comments with eight emojis summing up Marc Márquez’s 2019 season. This post will unlock the auction of the second painting. On the following working day, Box Repsol will make another post asking users to name one of their friends and say why they would give them the painting. Users must answer in the comment using the hashtag #MM93TheArtist and like the post so their comment is considered valid. The competition will be open for five working days. The user that posted the most original and creative comment will be declared the winner, as decided by a Repsol jury.

Participation on Twitter (2 paintings):

Users can win one of Marc’s paintings in the following way.

1st painting: Box Repsol will launch a challenge on its Twitter profile, which must get 500 likes. This tweet will unlock the auction of the first painting. On the following working day, Box Repsol will post another tweet asking users to give the painting a title. Users must answer with a comment using the hashtag #MM93TheArtist and like the tweet so their participation is considered valid. The competition will be open for five working days following the tweet launching the auction. The user that posts the most original and creative tweet will be declared the winner, as decided by a Repsol jury.

2nd painting: Box Repsol will launch a challenge on its Twitter profile, which must get 50 comments with eight emojis summing up Marc Márquez’s 2019 season. This tweet will unlock the auction of the second painting. Once the tweet has received this number (50) of comments with the aforementioned contents, on the following working day, Box Repsol will post another tweet to auction off the painting, asking users to name one of their friends and say why they would give them the painting. Users must answer in the comment using the hashtag #MM93TheArtist and like the auction tweet so their comment is considered valid. The competition will be open for five working days. The user that posts the most original and creative tweet will be declared the winner, as decided by a Repsol jury.

Each Participant will be able to participate only once on each social media network in each Promotional Period.

This Promotion is not open to any person directly or indirectly linked with or who has participated in its development, preparation, design, organisation, and/or implementation.

The Participant shall have sole and exclusive responsibility, and shall hold Repsol not liable for the publication on any medium of the comment contributed to the Promotion, as well as the consequences derived therefrom. The Participant declares to be the owner of the comment.

Any illegal, obscene, defamatory, or xenophobic comments shall not be accepted for the Promotion and shall be subject to expulsion. This also includes any comments that may be offensive and/or damaging to the image of the Repsol Group or of third parties (natural or legal persons) and/or may entail a violation of their rights.

REPSOL reserves the right to automatically remove and expel from the contest any Participant that it deems to be misusing or abusing the Promotion. Misuse is understood to be, for merely informative purposes, the breach of any of the terms and conditions included in this document.

6.- Prizes

EPSOL will award a total of six (6) prizes, consisting of six signed paintings by Marc Márquez. There will be two winners selected from among the Participants on Facebook, two from Instagram, and two from Twitter.

All prizes are awarded individually, are non-transferable, and are as described. Prizes may not be combined with other(s) or exchanged for any other prize or for the cash value of the prize. Sale of the prizes is prohibited.

If, for any reason beyond REPSOL’s control, should the corresponding prize detailed herein not be available, REPSOL reserves the right to substitute it for another of equal or greater value.

Each Participant may claim only one prize.

7.- Selection of the winners

A jury that has been expressly chosen by REPSOL will decide the winners of the Promotion from among all those that meet the requirements and participate as described above.

The jury will be made up of communication specialists from REPSOL, (hereinafter, the “Jury”) and will make their decision within 48 hours following the end of the Promotion.

The Jury will evaluate all contributions from Participants on Social Media and will select the six winners.

Winners will be selected based on the quality of their contribution, both in terms of content and originality, and the members of the Jury will undertake to evaluate the Participants’ contributions fairly and objectively.

Likewise, a total of 18 alternate winners will be selected in case the winner rejects the prize or loses their right to the prize due to any cause.

Prizes are limited to one unit per natural person. In the event that a person wins more than one Prize, one of the Prizes will pass over to an alternate winner.

8.- Award notification

The winners will be announced on the social media network used to participate in the Promotion, and they will be informed of how to claim their prize.

Participants must claim their prize within seven (7) calendar days by responding directly to the private message received from REPSOL’s official Social Media profiles, providing the details requested by REPSOL in order to deliver the Prize.

In the event that, for any reason, the winners do not provide the data required within the established deadline of seven (7) calendar days after being notified by REPSOL, they reject the Prize, or it is impossible to contact them, the Prizes will pass on to the first alternate winner, who will have the same period of time to respond. This will occur successively until all alternate winners have been contacted, at which point the Prize will be declared null and void.

9.- Award taxation

The Prizes associated with this Promotion are subject to current Spanish legislation and other related provisions regarding the taxes and fees that may be applicable to the Prize and the winner when the Prize is handed over.

10.- Participant contributions to the Promotion

a) In relation to all content submitted to the contest, Participants:
b) Guarantee that it is the original work of the Participant. When participating in the Promotion, each Participant guarantees that their contribution has been created solely by the participating author and that it does not infringe any third-party rights, copyrights, trademarks, commercial names, or any other distinctive signs of third parties or moral rights to privacy/publicity, as well as the intellectual property of a person or entity.
c) Guarantee that their contribution does not include any image, text, or content that could induce violence; that is of a discriminatory or xenophobic nature; has obscene or suggestive sexual content; is defamatory, threatening, and/or xenophobic; is false or insulting; or, in general, any other content that could be offensive or damage the image and violate the rights of REPSOL or the Repsol Group, as well as of third-party natural and/or legal persons, in addition to content that could be against the law, morals, or public order.
d) Declare that they accept full responsibility for the personal data of third parties included in their contribution. In the event that they use the personal data of minors or people deprived of their legal capacity, the Participant declares that they are the parent or legal tutor of the aforementioned person. No third party that fails to meet these requirements may participate/be included in the content, and any actions or omissions against the regulations in force are prohibited. In their role as Participant, the parents or tutors provide their express consent for the participation of the minor/person deprived of legal capacity, authorising the presentation of these contributions to the Promotion and their publication, as well as the personal data included therein, by accepting the provisions of these Terms and Conditions. The participant will be solely responsible to REPSOL and Social Media networks for any failure to fulfil these Terms and Conditions, as well as for any third-party claims.
e) Guarantee that they have obtained the corresponding image rights and authorisation to use personal data from all persons that, in any manner, are present in the Promotion through images, texts, or voice recordings. These persons also expressly relinquish their right to the Prize in favour of the Participant.
f) Grant Repsol, S.A. the right to use photographs, texts, and any other contents that are not selected to win a prize in the terms established in the following provision.
g) Transfer to Repsol, S.A. the intellectual property rights related to photographs, texts and any other contents provided by the winning Participant, in the terms established in the following provision.
h) The Participant that provided the contribution on Social Media will be solely responsible for any failure to meet the aforementioned conditions and, by participating in the Promotion, guarantees compliance in the established terms. In all cases, REPSOL and Repsol Group companies will be held harmless.

11.- Fraudulent participation

In the event that REPSOL or any other entity that is professionally linked to this promotion detects an anomaly or suspects that a Participant is preventing the promotion from developing as it should, they may unilaterally cancel the registration of the Participant in question.

REPSOL has enabled the necessary mechanisms to detect any fraudulent, abnormal, or malicious actions committed by Participants with the aim of unduly winning a prize. Therefore, REPSOL reserves the right to eliminate from the register any Participant proved to have or suspected of having committed an irregular action with the aforementioned purpose.

12.- Disclaimer

REPSOL is not liable for any possible losses, damages, delays, or other circumstances attributable to third parties that could affect postal or electronic deliveries or phone lines. As such, REPSOL will not be held responsible in the event that telecommunications lines or the web pages involved in this promotion do not function correctly or are down for reasons beyond the control of REPSOL, as well as for the services provided by collaborating entities to winners as a result of the prizes.

Furthermore, REPSOL may not be held responsible for (i) any possible losses, damages, delays, or other circumstances attributable to third parties that could affect the development of the promotion, or (ii) any possible problems or down time of telecommunications lines, in addition to the poor functioning of electronic communications networks, websites, and Social Media pages involved in this Promotion for causes outside REPSOL’s control, or the services provided by collaborating entities to winners as a result of the prizes that impede or hinder the development of the Promotion.

This Promotion is not sponsored, approved, or carried out by Social Media, nor is it in any way associated with these networks. It is hereby expressly stated that Social Media have no link whatsoever with this Promotion. Participants will hold Social Media harmless from any liability resulting from this Promotion, except in the case that this is caused by their condition as a user of Social Media.

13.- Personal data protection and image rights

Participation in the Promotion is voluntary and involves the processing of your personal data. Below, we provide information on how we process your personal data:

Controller

Repsol, S.A., with registered address at 28045 Madrid, Méndez Álvaro, 44

Data Protection Officer

You can get into contact by sending an email to protecciondedatos@repsol.com

Data subject to processing

All the data that you provide, as well as all those resulting from your participation in the promotion

Purpose

To carry out all the processes necessary for the action, including publishing a list of winners and getting into contact with them to deliver the Prize

Lawful basis for processing

The express consent that you provided when participating in this Promotion

Data recipients

Those necessary in accordance with the law and service providers in their role as data processors

Data subject rights

Access, rectification, opposition, erasure, restriction of processing, portability, and withdrawal of consent. You can find more details about these rights in the extended information available in the Privacy Policy on www.repsol.com/privacy. You may exercise these rights by sending a letter to the Controller’s registered address, or alternatively by sending an email to redessociales@repsol.com.

You may also lodge a complaint with the supervisory authority at any time

Duration of processing

Whilst the action is underway and, once it is finished, until the statute of limitations for civil, commercial, criminal, and/or administrative liability has passed.

International transfers

Those necessary as a result of our relationship with service providers, with the guarantees established in the Privacy Policy available on www.repsol.com/privacy.

Additional information

You can find further information about how we process your data in the Privacy Policy available at www.repsol.com/privacy.

By participating in the Promotion, Participants expressly authorise REPSOL to publish their personal data (full name) on any internal or external media deemed necessary, as well as on the Social Media networks where the Promotion is carried out, with the exclusive purpose of publicising the Promotion. This will be performed in accordance with the privacy policy adopted by the Repsol Group on the market, and may take place before the Prize has been formally accepted or before it has been confirmed that the Participant does not meet any other of the provisions in these Terms and Conditions, thereby losing their right to the Prize. The announcement/publication of a participant’s name as the winner does not create any right to a prize if the participant fails to meet any other provision established in the Terms and Conditions, and will lose the right to receive the prize despite the announcement.

14.- Claims

Claims must be submitted within a maximum of FIFTEEN (15) days following the end of the Promotional period.

Claims submitted by Participants will be resolved by a Jury selected by REPSOL.

15.- Depositing and Acceptance of the Terms and Conditions. Modifications

These Terms and Conditions will be deposited with and notarised by Mr. Miguel Ruiz-Gallardón, member of the Notarial Association of Madrid, with office located on calle Núñez de Balboa, no. 54, bajo 28001, Madrid, Spain. Additionally, they will be published on www.boxrepsol.com. Participants are hereby informed that their participation in the Promotion implies full and express acceptance of these Terms and Conditions, which will be available at a link included in the post launching the Promotion.

REPSOL reserves the right to modify the terms and conditions of this promotion at any time and may even cancel the action before the closing date, in which case it undertakes to notify participants of the new terms and conditions or the cancellation of the promotion sufficiently in advance.

Any questions, comments, or complaints in relation to this promotion should be addressed to BOX REPSOL via its Facebook www.facebook.com/repsol, Twitter www.twitter.com/boxrepsol or Instagram www.instagram.com/box_repsol/ profiles.

16.- Applicable legislation and resolution of disputes and claims

This Promotion is subject to applicable Spanish legislation. Notwithstanding condition 14, REPSOL and the Participants will resolve any conflicts resulting from participation in this Promotion in the Courts and Tribunals of Madrid Capital, and renounce any other jurisdiction that may be applicable.