Photography Contest | Ona Hotels & Apartments
LEGAL BASES OF #ONAHOTELS GIVEAWAY
1. - Company responsible for the promotion.
The commercial company Clubotel La Dorada, SL (hereinafter Clubotel La Dorada or the Promoter), with registered office at Calabria Street, nº 129, Entlo., 08015 Barcelona, and with NIF B-61502035, develops this promotion called competition. photography in order to boost the hotel offering of Ona Hotels & Apartments on social networks.
2. - Participation period.
The period of validity of this promotional action and, therefore, of participation, will extend from 08/05/2024 at 00 a.m. until 08/22/2024 at 11:59 p.m. The Promoter reserves the right to suspend, postpone, cancel or modify the duration period indicated above as long as there are causes that justify it, giving sufficient public dissemination of this through social networks.
3. Legitimation to participate.
Legitimation. Natural persons over 18 years of age residing in any country may participate in this promotion. All participants who provide information that is untrue or that involve the impersonation of a third party or who, in general, do not comply with the provisions of these Rules, will be excluded from this promotion. Regardless of your exclusion, the Promoter reserves the right to take any legal action it deems appropriate against violators of these rules. Participation in this promotional draw is free in itself and is open to any user who complies with and accepts these Rules.
4. Exclusions.
Employees and family members up to the second degree of consanguinity of the Clubotel La Dorada, SL entity, as well as any of the companies that are part of the group, may not participate in this promotion. Nor may natural persons who are directly or indirectly linked to advertising agencies or promotion agencies that are related to this promotion and/or to all those companies involved in carrying out this promotion participate.
In the event that Clubotel La Dorada, SL detects that any of the participants has incurred any of these exclusions, it will result in removing said person from the contest.
5. - Description of the prizes.
This promotion will have 3 prizes that will be awarded to 3 winners.
The first prize will consist of:
Two-night accommodation for 2 adults or two adults and a child under 12 years of age, sharing the same room* or an apartment with capacity for two people on an Accommodation Only basis, in the hotel of the person's choice from the Ona Hotels & chain. Apartments.
The second prize will consist of:
One-night accommodation for 2 adults or two adults and a child under 12 years of age, sharing the same room* or an apartment with capacity for two people on an Accommodation Only basis, in the hotel of the person's choice from the Ona Hotels & chain. Apartments.
The third prize will consist of:
10% discount on your next reservation, in the hotel that the person chooses from the Ona Hotels & Apartments chain.
The prize does not include plane tickets or any type of transportation, only the stay and discount. The deadline to enjoy the prize will be September 1, 2025 and the following dates are excluded from the promotion: July, August, Christmas, New Year, Easter, holidays and long weekends. Dates will ultimately depend on hotel availability. It is necessary to make the reservation within a minimum period of one calendar month from the communication made to the winners.
6. Rights and obligations. Expiration assumptions.
• If the winner does not respond to the e-mail or message that will be sent to inform him/her that he/she has been the winner of this contest within 20 calendar days after the end of the contest, accepting said prize.
• In cases of cancellation. Clubotel La Dorada, SL, reserves the right to declare the prize void in those cases in which there has been a participation level of less than 25 participants at 11:59 p.m. on August 18, 2024.
• To enjoy the prize, the winner, once notified by Clubotel La Dorada, SL, of the award of the aforementioned prize, must choose the dates of the reservation (date of arrival and date of departure), subject to availability of the accommodation. in accordance with the conditions established in the previous point. You must also contact the managers of said promotion by sending an e-mail to reserva@onahotels.com.
• In no case will the prize be exchangeable for its equivalent monetary value, nor may it be subject to change or alteration at the request of the winner.
• The prize is personal and non-transferable, and cannot be transferred to a third party.
• The participant acknowledges that Clubotel La Dorada, SL will not pay a fee, expense or remuneration of any kind, other than the prize agreed upon for the winner of the promotional action. In particular, and by way of identification, but not limitation, all costs of transportation, extra and additional services, food and maintenance (if they are not provided for in the hotel stay regime), and taxes and surcharges associated with the stay that is the subject of the reservation and outside the applicable regime, will be the responsibility of the prize winner, leaving Clubotel La Dorada, SL and each of the Hotels exempt from any obligation in this regard.
• In relation to the tourist tax, this must be paid by the guest who benefits from the prize. This is a municipal tax that is personal for each guest and day, the amount of which varies depending on the Autonomous Community in which the complex is located. Said payment cannot be assumed by the Hotel Complex. If you have doubts regarding the cost of the same, you can consult the CCAA tourism website where you are located or contact the email address reservas@onahotels.com where they can take steps to inform you.
7. Form of participation in the contest. Mechanics of participation
The participation mechanics take place via the web and to do so you must follow the steps in the Instagram publication, which include the following:
• Participants will access, via the email they will receive, the page with the survey to fill out their data and thus be able to participate in the draw, also by link through the @onahotels social networks or by scanning the QR on the hotel's signage.
• Participation in the contest is free.
• They will not be able to access that page by any other means. Among the users who participate during the promotional period and who meet the requirements described above, a company jury will choose 16 participants. These will participate in a competition through social networks in Instagram stories format and it will be the public who votes for the winners. The jury will be made up of different members of the Marketing Department of Ona Hotels & Apartments: Marketing Director, Community & Content Manager, Brand Manager and PR & Comms Manager. Clubotel La Dorada will communicate personally with the winner through a private email to the address provided by the user. If the wrong email is provided, Clubotel is not responsible for its incorrect introduction.
• As criteria to determine the winners, both the originality of the works and their artistic particularities will be taken into account, as well as whether they reflect the Mediterranean spirit of the company.
• The winner must respond expressly accepting the prize within a period of twenty (20) calendar days from receipt of the confirmation message from Clubotel La Dorada, and the prize will be considered rejected and expired if the winner does not respond within the previously indicated period. , and (ii) provide your complete data (name and surname, date of birth, residence address, contact telephone number, passport number or Spanish national ID, contact e-mail address, as well as any other data that may eventually be Clubotel La Dorada may request from you in order to verify your identity and confirm compliance with the legal bases).
• Once these checks have been carried out with a favorable result, Clubotel La Dorada will request the winner to propose dates to enjoy the prize.
• Acceptance of these legal bases means that the user of the social network called “Instagram” of the winner may be published by Clubotel La Dorada on any of its channels and/or social networks during the twenty (20) calendar days following the end. of the validity of this contest. It will be an essential requirement to be able to obtain the incentive that is the subject of this promotion that users correctly comply with any of the participation modalities described.
• The effective delivery of the prize will be conditional on the winner complying with the conditions specified in these rules and the veracity of the data provided by the winner to Clubotel La Dorada, SL
The Promoter reserves the right to automatically unsubscribe and expel without prior notice any participant who it deems is not complying with the conditions of participation or who is misusing or abusing the promotion. For the purposes provided for in Organic Law 1/1982, of May 5, on Civil Protection of the Right to Honor, Personal and Family Privacy and to One's Own Image, it is established that the acceptance of the prize by the winner implies the express granting of the authorization provided for in article 2 to Clubotel La Dorada, SL to use its name and surname, as well as its image, in any public or dissemination activity related to this promotion, without having the right to remuneration or obtaining a benefit. something different from the delivery of the prize. The refusal will involve the automatic waiver of the prize.
8. - Personal data.
In compliance with current regulations regarding the protection of personal data Clubotel La Dorada, SL informs that the personal data provided by the participants in this Promotion will be incorporated into a file owned by Clubotel La Dorada, SL, with the sole purpose of managing them. appropriately in relation to this promotion. Such data will be treated at all times with total confidentiality and security, in full compliance with personal data protection regulations.
The participant who wins this promotion will be required to provide their strictly necessary personal data (name, surname, email and full address) to be able to deliver the prize, without this implying the publication to the public of the same. The processing of the data will be carried out solely within the framework of the management of this contest, without being able to use it for commercial and/or advertising purposes, unless the contestant has checked the box on the website that authorizes receive commercial/promotional information from the companies that make up Ona Hotels & Apartments, in which case the data may be used for these purposes.
The participant grants his full and express consent for Clubotel La Dorada, SL to contact the winner and that said data will be treated with the utmost confidentiality and in strict compliance with the current legislation applicable to the processing of said data and will be kept for the time necessary to manage said delivery (until the enjoyment of the prize).
In any case, the winner who communicates his or her data has the rights recognized in the General Data Protection Regulation to access, rectify and delete the data, request their portability, oppose the processing and request the limitation of these, which may be made effective through email addressed to marketing@onahotels.com including GDPR in the subject. However, we have to warn you that the cancellation of your data prior to the end of this promotion will imply the impossibility of continuing to participate in it.
9. - Participation and registration form:
Every participant in this promotion guarantees:
(i) Be the owner of all rights related to intellectual property
(ii) Be the owner of all exploitation rights related to the intellectual property of all those images or videos that you publicly communicate and make available within the framework of this promotion, or have the express consent and/or license of the owner of the same, granted by the owner of such rights and that, consequently, the publication of images or videos within the framework of this promotion does not violate any rights of third parties;
(iii) That with such publication it respects all the provisions and legal limitations contained in Organic Law 1/1982, of May 5, on Civil Protection of the Right to Honor, Personal and Family Intimacy and One's Own Image, and that in particular has the prior and express consent of all those people who appear in the photographs or videos, consent that is understood to be given at the time they accept participation in this contest.
(iv) The images may be used for communication to the public both in the hotel complexes that make up the Ona Hotels & Apartments group, as well as on their social networks (Instagram, LinkedIn, etc.) during the period of 2 years.
(v) The transfer of intellectual property rights will be free of charge and no consideration may be required in this regard.
(vi) In relation to images of minors, only those in which the minor cannot be identified may be published and their publication will be at the discretion of the company in order to preserve the best interests of the minor.
(vii) In those publications made by parents or legal guardians of minors in which the minor in question and/or some characteristic feature may be identified, it will be necessary to include express consent from both parents and/or legal guardians. , and must remind them that they must take whatever actions are necessary to preserve the honor and privacy of minors.
10. - Limitation of Liabilities.
Among other aspects, Clubotel La Dorada is not responsible for:
- For the use of the prize that the winner can make.
- For the services that third companies must provide on the occasion of this promotion.
- Due to failures or incidents in telecommunications systems that prevent access or normal operation of the application, it will be extended for 24 hours.
11. - Reservation of rights.
The Promoter reserves the right to terminate those who are misusing the promotion, who carry out fraudulent acts or harm other participants or who establish speculation or business systems.
In the event that Clubotel La Dorada or any entity that is professionally linked to this promotion detects any anomaly or suspects that a participant is preventing the normal development of the promotion, illegally altering its records through any technical or computer procedure, or carrying out any fraudulent acts that contravene its transparency, Clubotel La Dorada reserves the right to cancel and even withdraw automatically and without explanation of any kind to all those participants who have benefited directly or indirectly from this type of fraudulent actions, and may also exercise all civil or criminal actions that may apply.
In this sense, Clubotel La Dorada declares that it has enabled the appropriate mechanisms and technological supports to detect any possible fraudulent, anomalous or malicious action that seeks to alter the normal participation in this promotion, such as the registration in the promotion of the same person at through different Facebook profiles.
Clubotel La Dorada reserves the right to take legal action against those who carry out any type of act that could be considered manipulation or falsification of the promotion. Clubotel La Dorada excludes any liability for damages of any kind that may be due to the temporary lack of availability or continuity of the operation of the services through which one participates in the promotion, to the fraud of the usefulness that users could have attribute to them and, in particular, although not exclusively, to failures in accessing the different pages and sending participation responses via the Internet or telephone communications enabled for this purpose.
12. - Acceptance of Bases.
Participation in the promotion implies full acceptance of these rules and express submission of the interpretative decisions made by Clubotel La Dorada. Without prejudice to the winner's acceptance in digital format, the winner may be asked for a written document accepting all the terms and conditions of the promotion.
13. - Modifications.
Clubotel La Dorada reserves the right to make any change, suspend or extend this promotion, giving sufficient notice.
14. - Applicable legislation and jurisdiction.
This promotion is governed by current Spanish legislation. For the knowledge of any dispute that may arise regarding the interpretation or application of these rules, both Clubotel La Dorada and the participants of this promotion expressly submit to the jurisdiction and competence of the Courts and Tribunals of Barcelona with express waiver of any other jurisdiction that may apply, this being understood without prejudice to the application of the mandatory provisions of the consumer and user regulations.
1. - Company responsible for the promotion.
The commercial company Clubotel La Dorada, SL (hereinafter Clubotel La Dorada or the Promoter), with registered office at Calabria Street, nº 129, Entlo., 08015 Barcelona, and with NIF B-61502035, develops this promotion called competition. photography in order to boost the hotel offering of Ona Hotels & Apartments on social networks.
2. - Participation period.
The period of validity of this promotional action and, therefore, of participation, will extend from 08/05/2024 at 00 a.m. until 08/22/2024 at 11:59 p.m. The Promoter reserves the right to suspend, postpone, cancel or modify the duration period indicated above as long as there are causes that justify it, giving sufficient public dissemination of this through social networks.
3. Legitimation to participate.
Legitimation. Natural persons over 18 years of age residing in any country may participate in this promotion. All participants who provide information that is untrue or that involve the impersonation of a third party or who, in general, do not comply with the provisions of these Rules, will be excluded from this promotion. Regardless of your exclusion, the Promoter reserves the right to take any legal action it deems appropriate against violators of these rules. Participation in this promotional draw is free in itself and is open to any user who complies with and accepts these Rules.
4. Exclusions.
Employees and family members up to the second degree of consanguinity of the Clubotel La Dorada, SL entity, as well as any of the companies that are part of the group, may not participate in this promotion. Nor may natural persons who are directly or indirectly linked to advertising agencies or promotion agencies that are related to this promotion and/or to all those companies involved in carrying out this promotion participate.
In the event that Clubotel La Dorada, SL detects that any of the participants has incurred any of these exclusions, it will result in removing said person from the contest.
5. - Description of the prizes.
This promotion will have 3 prizes that will be awarded to 3 winners.
The first prize will consist of:
Two-night accommodation for 2 adults or two adults and a child under 12 years of age, sharing the same room* or an apartment with capacity for two people on an Accommodation Only basis, in the hotel of the person's choice from the Ona Hotels & chain. Apartments.
The second prize will consist of:
One-night accommodation for 2 adults or two adults and a child under 12 years of age, sharing the same room* or an apartment with capacity for two people on an Accommodation Only basis, in the hotel of the person's choice from the Ona Hotels & chain. Apartments.
The third prize will consist of:
10% discount on your next reservation, in the hotel that the person chooses from the Ona Hotels & Apartments chain.
The prize does not include plane tickets or any type of transportation, only the stay and discount. The deadline to enjoy the prize will be September 1, 2025 and the following dates are excluded from the promotion: July, August, Christmas, New Year, Easter, holidays and long weekends. Dates will ultimately depend on hotel availability. It is necessary to make the reservation within a minimum period of one calendar month from the communication made to the winners.
6. Rights and obligations. Expiration assumptions.
• If the winner does not respond to the e-mail or message that will be sent to inform him/her that he/she has been the winner of this contest within 20 calendar days after the end of the contest, accepting said prize.
• In cases of cancellation. Clubotel La Dorada, SL, reserves the right to declare the prize void in those cases in which there has been a participation level of less than 25 participants at 11:59 p.m. on August 18, 2024.
• To enjoy the prize, the winner, once notified by Clubotel La Dorada, SL, of the award of the aforementioned prize, must choose the dates of the reservation (date of arrival and date of departure), subject to availability of the accommodation. in accordance with the conditions established in the previous point. You must also contact the managers of said promotion by sending an e-mail to reserva@onahotels.com.
• In no case will the prize be exchangeable for its equivalent monetary value, nor may it be subject to change or alteration at the request of the winner.
• The prize is personal and non-transferable, and cannot be transferred to a third party.
• The participant acknowledges that Clubotel La Dorada, SL will not pay a fee, expense or remuneration of any kind, other than the prize agreed upon for the winner of the promotional action. In particular, and by way of identification, but not limitation, all costs of transportation, extra and additional services, food and maintenance (if they are not provided for in the hotel stay regime), and taxes and surcharges associated with the stay that is the subject of the reservation and outside the applicable regime, will be the responsibility of the prize winner, leaving Clubotel La Dorada, SL and each of the Hotels exempt from any obligation in this regard.
• In relation to the tourist tax, this must be paid by the guest who benefits from the prize. This is a municipal tax that is personal for each guest and day, the amount of which varies depending on the Autonomous Community in which the complex is located. Said payment cannot be assumed by the Hotel Complex. If you have doubts regarding the cost of the same, you can consult the CCAA tourism website where you are located or contact the email address reservas@onahotels.com where they can take steps to inform you.
7. Form of participation in the contest. Mechanics of participation
The participation mechanics take place via the web and to do so you must follow the steps in the Instagram publication, which include the following:
• Participants will access, via the email they will receive, the page with the survey to fill out their data and thus be able to participate in the draw, also by link through the @onahotels social networks or by scanning the QR on the hotel's signage.
• Participation in the contest is free.
• They will not be able to access that page by any other means. Among the users who participate during the promotional period and who meet the requirements described above, a company jury will choose 16 participants. These will participate in a competition through social networks in Instagram stories format and it will be the public who votes for the winners. The jury will be made up of different members of the Marketing Department of Ona Hotels & Apartments: Marketing Director, Community & Content Manager, Brand Manager and PR & Comms Manager. Clubotel La Dorada will communicate personally with the winner through a private email to the address provided by the user. If the wrong email is provided, Clubotel is not responsible for its incorrect introduction.
• As criteria to determine the winners, both the originality of the works and their artistic particularities will be taken into account, as well as whether they reflect the Mediterranean spirit of the company.
• The winner must respond expressly accepting the prize within a period of twenty (20) calendar days from receipt of the confirmation message from Clubotel La Dorada, and the prize will be considered rejected and expired if the winner does not respond within the previously indicated period. , and (ii) provide your complete data (name and surname, date of birth, residence address, contact telephone number, passport number or Spanish national ID, contact e-mail address, as well as any other data that may eventually be Clubotel La Dorada may request from you in order to verify your identity and confirm compliance with the legal bases).
• Once these checks have been carried out with a favorable result, Clubotel La Dorada will request the winner to propose dates to enjoy the prize.
• Acceptance of these legal bases means that the user of the social network called “Instagram” of the winner may be published by Clubotel La Dorada on any of its channels and/or social networks during the twenty (20) calendar days following the end. of the validity of this contest. It will be an essential requirement to be able to obtain the incentive that is the subject of this promotion that users correctly comply with any of the participation modalities described.
• The effective delivery of the prize will be conditional on the winner complying with the conditions specified in these rules and the veracity of the data provided by the winner to Clubotel La Dorada, SL
The Promoter reserves the right to automatically unsubscribe and expel without prior notice any participant who it deems is not complying with the conditions of participation or who is misusing or abusing the promotion. For the purposes provided for in Organic Law 1/1982, of May 5, on Civil Protection of the Right to Honor, Personal and Family Privacy and to One's Own Image, it is established that the acceptance of the prize by the winner implies the express granting of the authorization provided for in article 2 to Clubotel La Dorada, SL to use its name and surname, as well as its image, in any public or dissemination activity related to this promotion, without having the right to remuneration or obtaining a benefit. something different from the delivery of the prize. The refusal will involve the automatic waiver of the prize.
8. - Personal data.
In compliance with current regulations regarding the protection of personal data Clubotel La Dorada, SL informs that the personal data provided by the participants in this Promotion will be incorporated into a file owned by Clubotel La Dorada, SL, with the sole purpose of managing them. appropriately in relation to this promotion. Such data will be treated at all times with total confidentiality and security, in full compliance with personal data protection regulations.
The participant who wins this promotion will be required to provide their strictly necessary personal data (name, surname, email and full address) to be able to deliver the prize, without this implying the publication to the public of the same. The processing of the data will be carried out solely within the framework of the management of this contest, without being able to use it for commercial and/or advertising purposes, unless the contestant has checked the box on the website that authorizes receive commercial/promotional information from the companies that make up Ona Hotels & Apartments, in which case the data may be used for these purposes.
The participant grants his full and express consent for Clubotel La Dorada, SL to contact the winner and that said data will be treated with the utmost confidentiality and in strict compliance with the current legislation applicable to the processing of said data and will be kept for the time necessary to manage said delivery (until the enjoyment of the prize).
In any case, the winner who communicates his or her data has the rights recognized in the General Data Protection Regulation to access, rectify and delete the data, request their portability, oppose the processing and request the limitation of these, which may be made effective through email addressed to marketing@onahotels.com including GDPR in the subject. However, we have to warn you that the cancellation of your data prior to the end of this promotion will imply the impossibility of continuing to participate in it.
9. - Participation and registration form:
Every participant in this promotion guarantees:
(i) Be the owner of all rights related to intellectual property
(ii) Be the owner of all exploitation rights related to the intellectual property of all those images or videos that you publicly communicate and make available within the framework of this promotion, or have the express consent and/or license of the owner of the same, granted by the owner of such rights and that, consequently, the publication of images or videos within the framework of this promotion does not violate any rights of third parties;
(iii) That with such publication it respects all the provisions and legal limitations contained in Organic Law 1/1982, of May 5, on Civil Protection of the Right to Honor, Personal and Family Intimacy and One's Own Image, and that in particular has the prior and express consent of all those people who appear in the photographs or videos, consent that is understood to be given at the time they accept participation in this contest.
(iv) The images may be used for communication to the public both in the hotel complexes that make up the Ona Hotels & Apartments group, as well as on their social networks (Instagram, LinkedIn, etc.) during the period of 2 years.
(v) The transfer of intellectual property rights will be free of charge and no consideration may be required in this regard.
(vi) In relation to images of minors, only those in which the minor cannot be identified may be published and their publication will be at the discretion of the company in order to preserve the best interests of the minor.
(vii) In those publications made by parents or legal guardians of minors in which the minor in question and/or some characteristic feature may be identified, it will be necessary to include express consent from both parents and/or legal guardians. , and must remind them that they must take whatever actions are necessary to preserve the honor and privacy of minors.
10. - Limitation of Liabilities.
Among other aspects, Clubotel La Dorada is not responsible for:
- For the use of the prize that the winner can make.
- For the services that third companies must provide on the occasion of this promotion.
- Due to failures or incidents in telecommunications systems that prevent access or normal operation of the application, it will be extended for 24 hours.
11. - Reservation of rights.
The Promoter reserves the right to terminate those who are misusing the promotion, who carry out fraudulent acts or harm other participants or who establish speculation or business systems.
In the event that Clubotel La Dorada or any entity that is professionally linked to this promotion detects any anomaly or suspects that a participant is preventing the normal development of the promotion, illegally altering its records through any technical or computer procedure, or carrying out any fraudulent acts that contravene its transparency, Clubotel La Dorada reserves the right to cancel and even withdraw automatically and without explanation of any kind to all those participants who have benefited directly or indirectly from this type of fraudulent actions, and may also exercise all civil or criminal actions that may apply.
In this sense, Clubotel La Dorada declares that it has enabled the appropriate mechanisms and technological supports to detect any possible fraudulent, anomalous or malicious action that seeks to alter the normal participation in this promotion, such as the registration in the promotion of the same person at through different Facebook profiles.
Clubotel La Dorada reserves the right to take legal action against those who carry out any type of act that could be considered manipulation or falsification of the promotion. Clubotel La Dorada excludes any liability for damages of any kind that may be due to the temporary lack of availability or continuity of the operation of the services through which one participates in the promotion, to the fraud of the usefulness that users could have attribute to them and, in particular, although not exclusively, to failures in accessing the different pages and sending participation responses via the Internet or telephone communications enabled for this purpose.
12. - Acceptance of Bases.
Participation in the promotion implies full acceptance of these rules and express submission of the interpretative decisions made by Clubotel La Dorada. Without prejudice to the winner's acceptance in digital format, the winner may be asked for a written document accepting all the terms and conditions of the promotion.
13. - Modifications.
Clubotel La Dorada reserves the right to make any change, suspend or extend this promotion, giving sufficient notice.
14. - Applicable legislation and jurisdiction.
This promotion is governed by current Spanish legislation. For the knowledge of any dispute that may arise regarding the interpretation or application of these rules, both Clubotel La Dorada and the participants of this promotion expressly submit to the jurisdiction and competence of the Courts and Tribunals of Barcelona with express waiver of any other jurisdiction that may apply, this being understood without prejudice to the application of the mandatory provisions of the consumer and user regulations.