“Ferrovial Podcast Launch” Contest on Instagram and Facebook
FERROVIAL, S.A., which has registered offices in calle Príncipe de Vergara 135, 28002, Madrid, and tax identification number A-81939209, and is registered in the Madrid Mercantile Registry, volume 12.774, sheet 196, section 8, page M-204.873 (hereinafter, FERROVIAL or “the Organizer”), is organizing a free competition entitled “Ferrovial Podcast Launch ” (hereinafter, “the Contest”) on Facebook and Instagram social networks, in which any natural person meeting the conditions set out in these rules may participate. These rules will be published on the Organizer’s website www.ferrovial.com.
II. TERMS AND CONDITIONS
Any registered user of Facebook and Instagram, aged 18 years and over, may participate in the Contest, from anywhere in the world.
Participation in the Contest implies that the contestant has accepted the terms and conditions of this social media network (https://www.facebook.com/legal/terms and http://instagram.com/legal/terms/).
III. SPECIFIC CONTEST RULES
III.1 The theme of the Contest is “Podcast Reviews”. Only those users that submit reviews on itunes will be considered in the Contest.
III.2 Participants must leave a review of our podcast and send a screenshot of their review to email@example.com.
III.3 Only those that send an email of their review will be eligible for the Contest.
III.4 The reviews thereon must not contravene current legislation, nor be contrary to morality or public order, defamatory, aggressive, obscene, sexually explicit, offensive, violent or violence-inciting, racist or xenophobic, nor, in general, be illegal or violate a person’s rights and/or physical and/or moral integrity. Participants will be wholly and exclusively liable for the content of their [emails and messages that they send holding Ferrovial harmless from any legal responsibility thereof (including, but not limited to, infringement of data protection rights, intellectual/industrial property rights or any other rights). [Instagram, Facebook and itunes do not sponsor, endorse or manage this Contest either individually or collectively, nor are they in any way associated with it].
III.5 The reviews must be posted on itunes (“Terms and Conditions”) and the email with the screenshot of the review must be sent between 12:00 hours on 17 March and 23:59 hours on 31 March 2020. Reviews and emails posted outside these dates will not be accepted.
III.6 Each person may only participate once from their unique itunes account. If he or she has more account on itunes, he or she may participate one time from each one.
III.7 The prize will be one set of AirPods to be delivered within a maximum period of sixty (60) days from the day following the publication of the winner on the Instagram and Facebook accounts of Ferrovial. In the event that the product is not available within that period, the winner will be given a gift card for the same value. The prize will be personal and non-transferable and cannot be exchanged for cash.
III.8 On 2 April 2020, FERROVIAL will announce the name of the winner on its Facebook and Instagram accounts. FERROVIAL will also email the contest winner. The winner must respond to FERROVIAL by 23:59 on 16 April 2020 with their personal details (full name, surname and telephone number), and a postal address for sending the prize. “In the event that it is not possible to contact the winner, the winner fails to give all the required details or respond within the said period, the Organizer may select another winner. For clarification purposes, note that the Organizer shall have no obligation toward a winner who fails to respond within the aforementioned term.”
IV. PERSONAL DATA PROTECTION POLICY
IV.1 Pursuant to Spanish Organic Law 3/2018, of 5 December, on Data Protection and regulations thereto, personal data provided by participants will be processed by FERROVIAL in order to properly manage to enable the management of the Contest, as well as the determination of the winner and its diffusion to proceed to the delivery of the prize. In addition, and exclusively in relation to the winner the personal data and, specifically, the name and image of the winner, will be processed with the purpose of divulging and communicating the condition of winner in the promotion and disseminated for this purpose, through the corporate communication channels (internal or external) managed by FERROVIAL, (including, but not limited to, FERROVIAL’s web page, www.ferrovial.com), The Organizer will also process your data for the fulfillment of legal obligations that correspond to FERROVIAL as organizer of the Contest.
IV.2 FERROVIAL has assigned a Data Protection Officer who will be available to answer any questions you may have regarding the processing of your personal data by e-mailing firstname.lastname@example.org.
IV.3 The legal basis of the data processing by Ferrovial is based on the consent of the data subjects when they accept these Contest Rules and send a screenshot of their review to email@example.com.
IV.4 The data will be conserved during the development of said relationship and the necessary years to comply with the legal obligations.
IV.5 The personal data processed by the Company may be communicated to Public Bodies and Administrations in case of legal obligation.
IV.6 Those Data Subjects have the right to access their data, rectify, delete or port, limit or oppose their processing in certain cases, as well as revoke the consents provided, where appropriate, by sending a communication to the addresses indicated in the heading, with the reference “Data Protection”, including the name, surnames, a copy of the National ID, an address for notifications and the right to exercise. They can also claim before the Spanish Agency for Data Protection, especially when they have not obtained satisfaction in the exercise of their rights. Additionally, and in relation to Ferrovial Group companies in Spain, or Group companies using personal details in Spain, participants may contact Ferrovial Data Protection Officer by email at firstname.lastname@example.org or by post at Calle Príncipe de Vergara 135, 28002 – Madrid.
V. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
V.1 Participants authorise the reproduction and/or publication of their name and surnames and social media username, in whole or in part, by any means or medium, both internally and externally, for communication, marketing, promotion and/or advertising purposes, and their reproduction in, including, but not limited to, meetings, fora, conferences, websites, social media, publications, and in any other means of exploitation known at present or which may be developed in the future; such reproduction and/or publication will not generate any rights in favour of the participants to receive any kind of compensation or any other kind of right.
VI. ACCEPTANCE OF THE RULES OF THE CONTEST AND LIABILITY.
VI.1 Merely participating in the Contest by leaving a review on itunes and sending a screenshot of said review to email@example.com implies full acceptance of these rules and express agreement with any interpretation thereof made by FERROVIAL.
VI.2 FERROVIAL reserves the right to modify these rules, partially or completely, at any time, except for the sections concerning data protection and industrial and intellectual property rights. Similarly, FERROVIAL reserves the right to cancel the Contest or the prize (i) in the event of irregularities being detected, or (ii) there is no participation, or (iii) at the Organizer’s discretion. Any amendments to these rules will be announced to participants on the Organizer’s Facebook and Instagram profiles.
VI.3 FERROVIAL reserves the right to disqualify any participant that it considers either to be in breach of any condition of entry contained in these rules, or to be fraudulently or improperly participating in the Contest. Any participant who is disqualified for any reason will forfeit all rights associated with participation.
VI.4 FERROVIAL is not liable for failure to identify the participants or winners as a result of an error in the data which they presented.
VII. APPLICABLE LAW AND JURISDICTION
These rules are subject to Spanish legislation. Any claims relating to the Contest should be sent in writing to FERROVIAL, S.A., Digital Communication Department, calle Príncipe de Vergara 135, 28002 Madrid or by e-mail to firstname.lastname@example.org. In the event of dispute in the application or interpretation of these rules, all parties expressly waive any other jurisdiction to which they might otherwise be entitled, and agree to submit to the courts of the city of Madrid.