TERMS AND CONDITIONS FOR THE PROMOTION OF “THE CITY SIGHTSEEING MARATHON CHALLENGE” BY CITY SIGHTSEEING LTD.
CITY SIGHTSEEING Ltd. with a registered office at Stanley House 49a High Street, Henley in Arden, UK, and with VAT no. GB108243538 is the organizer of the international promotion “THE CITY SIGHTSEEING MARATHON CHALLENGE” (hereinafter, the “PROMOTION”), in order to offer an incentive for the diffusion of the services marketed under the brand CITY SIGHTSEEING (hereinafter, the “Trademark”) owned and registered by CITY SIGHTSEEING, LTD.
2.- TERRITORIAL AND PERSONAL FRAMEWORK PROMOTION
The PROMOTION is open to all people regardless of their place of residence. The right to participate in the promotion is limited to people who, according to their national law, were of legal age and, in any case, older than 18 years. People who do not comply with these requirements will be immediately excluded, without considering their eventual success in the promotion.
3. – TIME FRAME OF THE PROMOTION
The PROMOTION will begin on 3rd December, 2018, and will end on 17th December, 2018 or until the stock of prizes remains, whichever comes first.
4. – COMMUNICATION ELEMENTS
The PROMOTION will be communicated through the official profile of THE TRADEMARK via:
Through written press releases, offline and online, as well as newsletters addressed to promoter’s operators of the person.
The PROMOTION is aimed at those consumers who participate through marathonchallenge.city-sightseeing.com website.
6. – COST OF THE PROMOTION
Participation in the PROMOTION is free of charges.
7. – GENERAL CONCEPT, MECHANICS AND PRIZES
7.1) General Concept CITY SIGHTSEEING LTD is carrying out a promotion where the participant who complies with the mechanics indicated in clause 7.3 shall have the possibility of obtaining any of the prizes established in clause
7.2. Prize The award will consist in one (1) trip to Seville for ONE (1) person in order to participate in 2019 SEVILLE MARATHON 2019 which will take place on 17th February, 2019, for TWO (2) nights, from 15th February, 2019 to 18th February, 2019 (subject to availability of flight and accommodation package not exceeding the prices below indicated).
The prize has an approximate value of:
• If the winner is resident in Spain: 850 €.
• If the winner is resident in an EU member state: € 950.
• If the winner is resident in a non-EU state: € 1,500
The prize includes:
• Round trip ticket of regular flight:
⁻ ONE HUNDRED AND FIFTY EUROS (€ 150 €) if the winner is resident in Spain.
⁻ THREE HUNDRED EUROS (€300) if the winner is a resident in an EU member state.
⁻ EIGHT HUNDRED EUROS (€800) if the winner is resident in a non-EU country.
• Accommodation and breakfast: 100.00 € per night;
• Start number for the Marathon: 45.00 €;
• One (1) CITY SIGHTSEEING tourist bus ticket: 29.00 €.
• One (1) City Sightseeing T-shirt;
• Travel insurance (for Spanish winners);
• Transfers hotel – starting point/goal of the race – hotel;
• One (1) Dinner at a typical restaurant in Seville;
• One (1) Tourist visit to an emblematic place of Seville.
The following are not included:
• The travel and/or living expenses of the winners from the city of departure to the airport, and vice versa shall not be borne by CITY SIGHTSEEING LTD.
• Visa processing;
• Meals and beverages not listed above.
• Excursions not contracted;
• Tips, expenses and purchases made by the winners in their free time or during visits, purchase, hiring of any kind of service, visits and/or activities they carry out in their free time, telephone calls, laundry expenses, damages that are generated in the hotel, its equipment and furniture, as well as in the places visited, as a consequence of winners’ bad faith or negligent acts, etc.
CITY SIGHTSEEING LTD maintains the right of excluding from the trip, at any time, the winner and/or companion, who had a behaviour contrary to the applicable legislation and/or the established rules and who had been previously informed. Without limiting in any way the rights and warranties that are recognized in current legislation, the TRADEMARK maintains the right of replacing or modifying the date, destination and contents of the proposed trip, by another of similar value in the event that, for reasons beyond the control of CITY SIGHTSEEING LTD or for safety reasons, when necessary or advisable to guarantee the satisfaction and well-being of the winners.
Participants must complete the following steps to qualify for the prizes:
1. Participants shall access the site, marathonchallenge.city-sightseeing.com and fill in the participation form.
2. Next, the participant shall prove his or her best mark obtained in an Official Marathon in the last five years, providing the certificate or diploma issued by the Official Marathon organizer where it was obtained, as well as to answer the following question:
Why would you like to run the Seville Marathon in 2019?
8. – CHOICE OF THE WINNER
A jury composed of CITY SIGHTSEEING LTD members will choose the winners, among all participants who have complied with the mechanics, set out in clause 7.3, according to criteria of originality, creativity and argument:
⁻ One of the three prizes will be awarded to the participant who answered the question in the most original, creative and realistic way.
⁻ One of the three prizes will be awarded to the male participant who proves to have the best official mark in an official marathon compared to all other participants.
⁻ One of the three prizes will be awarded to the female participant who proves to have the best official mark in an official marathon compared to all other participants. Following the same criteria indicated, 6 winners will be chosen, two for each category.
9. – REQUIREMENTS
In order to be eligible for any of the prizes provided by this PROMOTION, the participant must:
– Be of legal age; and
– Comply with the mechanics defined in section 7.3 of these Terms and Conditions.
Only ONE (1) participation in the PROMOTION will be admitted. All entries will be accepted until 17th December 2018, no later than 23:59 GMT. From this time on, the period of participation in the PROMOTION will be closed.
10. – SCHEDULE OF THE PROMOTION
The schedule for PROMOTION is as follows:
– The starting date is 3rd December 2018;
– Completion date is 17th December 2018 or until stock is depleted of the awards.
– The winners will be chosen on 18th December 2018.
– The communication/publication date of the winners is 18th December 2018.
11. – CONDITIONS OF THE PRIZES
11.1 In this PROMOTION, the stocks of prizes are limited to the units indicated in clause 7.2) of these Terms and Conditions for each type of prize. If for any reason unrelated to CITY SIGHTSEEING LTD, CITY SIGHTSEEING LTD the prizes will not be available, CITY SIGHTSEEING LTD reserves the right to replace them by others prizes of equal or greater value.
11.2 Prizes may not be redeemed in cash or for any other prize or another person.
11.3 CITY SIGHTSEEING LTD reserves the right to change the elements of the prizes included in this PROMOTION for others of equal value when there is just cause.
11.4 The winners undertake, for the mere fact of accepting the prize, to run the Seville Marathon 2019 wearing the CITY SIGHTSEEING T-SHIRT which will be given to him/her.
11.5 The participant expressly consents, and for the mere fact of participating in this PROMOTION, that CITY SIGHTSEEING LTD may use his/her name for the purpose of making known the winner of the prizes to other users, without generating any remuneration in his/her favour.
11.6 CITY SIGHTSEEING LTD is not responsible for the use of prizes made by the winner. CITY SIGHTSEEING LTD will not be responsible for any incidents that occur after delivery and during the enjoyment thereof.
11.7 The prizes obtained are non-transferable. CITY SIGHTSEEING LTD will contact the participant who had won. Prizes are non-transferable. If they are not accepted the prizes, CITY SIGHTSEEING LTD will contact the runner-up. If the prizes are not accepted by any of the above, they will be declared void. The marketing and/or sale of prizes is also prohibited. CITY SIGHTSEEING LTD, in case of detection of actions aimed at the resale of prizes (whether directly or indirectly under the appearance of sale or donation of another product), CITY SIGHTSEEING LTD shall demand the return of the goods immediately, The exercise of the appropriate extrajudicial and judicial measures, including those aimed at protecting its corporate image, is reserved. It may also make such actions known to the appropriate authorities.
11.8 The period of time that the winner delays in receiving the prizes may be subject to the stock of available units from the supplier at that time. In case the supplier is unable to provide the prizes, CITY SIGHTSEEING LTD will proceed as stipulated in the first paragraph of this clause.
11.9 The shipping costs of the prizes will be paid for by CITY SIGHTSEEING LTD.
11.10 CITY SIGHTSEEING LTD shall not bear the travel insurance costs of prize winners who do not reside in Spain.
12.- COMMUNICATION TO THE WINNER AND CONFIRMATION OF THE PRIZE
CITY SIGHTSEEING LTD will contact the winner in order to formalize the delivery of the prizes.
CITY SIGHTSEEING LTD will send an e-mail to the winner, in order to formalize its delivery, and also the application for acceptance thereof. The winner will confirm his acceptance within 24 hours of sending the private message or e-mail by the same means, including the replies and data requested.
If within the indicated period above, the winner does not send the required documentation to confirm his/her interest in receiving the prizes, it will be understood that he/she does not accept them and, therefore, waives them. In these circumstances, CITY SIGHTSEEING LTD shall act as described in regulation 11.6.
13. – DELIVERY TERMS AND CONDITIONS
CITY SIGHTSEEING LTD will send the prizes to the winner specifying, depending on their typology, the form of delivery at the moment of contact with the winners, CITY SIGHTSEEING LTD will assume the shipping costs.
In the event that the shipment was initiated and the delivery will not be completed due to reasons beyond the control of CITY SIGHTSEEING LTD, and resending would be necessary, CITY SIGHTSEEING LTD will not be responsible for any expenses that may arise from the resend and these will be borne by the winner, who must pay postage to the company that has contracted CITY SIGHTSEEING LTD for this purpose.
14. – EXPIRY PERIOD FOR CLAIMING PRIZES
The deadline for the winner to claim the delivery of the prizes will expire on 31st December 2018, as long as all the requirements established in these terms has been compiled by the winner.
15.-CONSENT AND DATA PROTECTION
The participant in this PROMOTION consents that their personal data be treated in accordance with the provisions of Regulation 2016/679 of the European Parliament and the Council of April 27, 2016, as well as in the applicable national regulations on data protection, for the development of the present PROMOTION.
In case of doubt, the participant can always contact CITY SIGHTSEEING Ltd at the address Stanley House 49a High Street, Henley in Arden, UK to learn more about these deadlines.
The mechanics of the PROMOTION requires that the data be provided in a truthful and complete manner and that they be kept updated thanks to the cooperation of the participant. If the personal data were false, incomplete or not updated, CITY SIGHTSEEING Ltd it would be released with respect to the specific cases of the good end of the PROMOTION and of any consequence related to the previous, arriving in the last case to the non-declaration of beneficiaries of the PROMOTION.
If, according to the mechanics of the PROMOTION, the participant can mention third parties (relatives, friends, etc.), who makes this option manifest, under his responsibility, have expressly informed of the transfer and processing of the data personal details of the third parties mentioned in the terms included in this stipulation. The participant who carries out the mention will be the sole and exclusive responsible for any adverse consequences and / or sanctions that may arise from the absence of the consent of third parties to process their personal data and / or eventual breaches on their part of data protection regulations, said participant being obliged to keep CITY SIGHTSEEING Ltd harmless. Against any claim that may be filed as a result of said breaches.
Likewise, if according to the mechanics of the PROMOTION, the participant can also upload images or videos in which third parties (relatives, friends, etc.) appear, whoever carries out this option declares, under his responsibility, to have expressly informed of the cession and treatment of personal data of third parties appearing in the aforementioned photographs or videos in the terms set forth in this stipulation. Similarly, the participant who carries out the upload of photographs or videos will be the sole and exclusive responsible for any adverse consequences and / or sanctions that may arise from the absence of information from third parties to treat their image and / or the eventual breaches applicable legistlation on this matter relative to civil protection of the right to honor, personal and family privacy and the own image and other development regulations, this participant being obliged to keep CITY SIGHTSEEING undamaged, against any claim that may be filed as a result of said breaches.
Once the PROMOTION is completed, and only in case the participant has expressly accepted it, CITY SIGHTSEEING, LTD. keep the information you have provided with the purpose of informing you about new promotions and products distributed by CITY SIGHTSEEING, LTD. Thus, and in compliance with the provisions applicable legislation, the participant gives his consent to CITY SIGHTSEEING, LTD to receive commercial communications about future promotions or products distributed by CITY SIGHTSEEING, LTD. The recipient may revoke at any time the consent given to the receipt of commercial communications with the simple notification of his will to the sender by contacting the Legal Department at the address previously expressed in this provision of these Terms and Conditions.
The participant can exercise their rights of access, rectification, deletion, opposition, limitation to data processing and data portability. You can do so by request addressed to CITY SIGHTSEEING Ltd. in Stanley House 49a High Street, Henley in Arden, UK, or to the following email address: firstname.lastname@example.org, attaching a copy of your ID or documentation proving your identity.
16. – RIGHTS RESERVATIONS AND RESPONSIBILITY LIMITATIONS
16.1 CITY SIGHTSEEING LTD reserves the right to cancel the present promotion or to suspend it or to change some of its conditions if by technical causes or of any other nature outside its will it could not comply with the normal development of the same one, as stipulated in the present Terms and Conditions.
16.2 Also, CITY SIGHTSEEING LTD may declare void the present promotion if it detects irregularities in the identification data of the participant.
16.3 CITY SIGHTSEEING LTD is not responsible for the veracity of the data provided by the participant. Therefore, if the data provided are not correct or have errors, CITY SIGHTSEEING LTD is not responsible for not being able to contact the potential winner to communicate the result or, to manage with him the delivery of the prizes.
16.4 CITY SIGHTSEEING LTD reserves the right to remove any user who defrauds, alters or interrupts the operation of this promotion.
16.5 The participant expressly consents, and for the mere fact of participating in the present promotion, that CITY SIGHTSEEING LTD can use his/her personal data, as well as the photographs, videos and any other comment provided by his/her part, for commercial and/or publicity purposes, without any territorial or temporal limitation, and without any remuneration being generated in its favour.
16.6 The workers and employees of CITY SIGHTSEEING LTD and/or its subsidiaries may not participate in the promotion, the employees of their Distributors, employees of the advertising or promotional agency, or direct or indirect collaborators who have intervened in the promotion or printing of the corresponding materials thereof.
16.7 The contents of any kind not related to the mechanics of the Promotion may be eliminated and will not enter the promotion, as well as all those comments that do not respect the present Terms and Conditions, are comments of an illicit or racist nature, or those that incite violent acts, have non-advertising nature of the products of CITY SIGHTSEEING LTD and the company, and/or infringe the rights of third parties, including minors, weak social groups, persons affected by handicaps and/or minorities, or have religious, sexual and/or political.
16.8 In the event that the present promotion requires participation through competition, game or any other mechanics developed in one or more websites, CITY SIGHTSEEING LTD excludes any liability for damages of any nature that may be due to the temporary lack of availability or continuity of the operation.
16.9 In the event that any of the awards consist of assistance to some event (for example Concert, Party, exhibition, gala, etc.), CITY SIGHTSEEING LTD is not responsible for the inability to access the event for the failure of the winner of the conditions established by the organizer or promoter to attend the same, nor of the suspension or postponement of this event for reasons beyond the CITY SIGHTSEEING LTD. Also, CITY SIGHTSEEING LTD is not responsible for the incidents that may occur in the event and/or for its delay or cancellation. CITY SIGHTSEEING LTD is not responsible for the exercise of the right of admission to the venues where the events are held and that leads to the inability to attend them.
16.10 If any third parties mentioned in the comments or whose images appear on uploaded photographs or videos, as well as the participant, must be of age.
16.11 No social network has any responsibility towards the participant. The promotion is not sponsored, endorsed, managed or associated in any way to any social network. The participant provides information to CITY SIGHTSEEING LTD and not to any social network.
16.12 The participant authorizes CITY SIGHTSEEING LTD to reproduce, distribute, transform and communicate publicly the photograph, video, recording, phrase or comment (or, where appropriate, posts in social networks or tweets) that contribute to the promotion, as well as to use and disseminate their name in quality of selected, finalist and/or Winner, in any advertising and/or promotional activity related to the present promotion, all in any medium (including, without limitation, its digital exploitation), with no such activities conferring the right to remuneration, consideration or economic benefit with the exception of the award of the prizes earned in accordance with these Terms and Conditions. This authorisation shall be made by the maximum permissible in accordance with the regulations in force in the temporal and territorial spheres.
The photographs, videos, recordings, phrases or commentaries (or, where appropriate, posts on social networks or tweets) that are shared must be original, declaring the participant to be the author of them and having obtained, where appropriate, the authorization of the persons whose video image or phrase could have been used, for publication according to the mechanics of the promotion.
In addition, the participant states that photographs, videos, recordings, phrases or comments (or, where applicable, posts on social networks or tweets) do not infringe third-party rights. CITY SIGHTSEEING LTD may eliminate the participant whose photographs, videos, recordings, phrases or comments (or, where appropriate, tweets) may be illicit, may injure the sensibility of third parties, present illicit activities, result in offensive or violate rights of third parties. CITY SIGHTSEEING LTD will be exonerated of any claim that could occur in this regard.
17.-APPLICABLE LAW AND JURISDICTIONAL SUBMISSION
The promotions of CITY SIGHTSEEING LTD are governed by the legislation in force and applicable in the United Kingdom.
For any controversy that may arise in the interpretation and application of these Bases, both CITY SIGHTSEEING LTD and the participant in this promotion, are expressly subject to the jurisdiction of the courts and tribunals of London with Waive your own jurisdiction if any.
CITY SIGHTSEEING LTD reserves the right to undertake actions against those persons who carry out any kind of act liable to be considered manipulation or falsification of the promotion.
18.-ACCEPTANCE OF THE TERMS AND CONDITIONS
The prospective participant is informed that the simple fact of taking part in the promotion implies total acceptance of these Bases. On the contrary by the participant, will imply the exclusion of the person from the Promotion and CITY SIGHTSEEING LTD will be freed from the fulfilment of the obligation contracted with that participant.
These Terms and Conditions are deposited before the notary of the illustrious official school of Seville, D. Pablo Gutiérrez-Alviz and Conradi being left to the free disposition of the consumers.
Seville, 3rd December, 2018.