Legal bases
Rules and conditions of the LADRAN GAUCHO raffle
1. Identification of the promotion organizer
This draw is organized by LADRAN GAUCHO SOCIEDAD LIMITADA ( hereinafter LADRAN GAUCHO SL ), with CIF: B90488297 and address for notifications at C/ Génova 8 2ºC, SEVILLA (41010); with contact telephone number: 623 43 86 55 and email address: info@ladrangaucho.com.
2. Promotion objectives
LADRAN GAUCHO SL will carry out the draws (hereinafter, the PROMOTIONS) and they will be developed on the Instagram account of @ladrangaucho or on that of the collaborating profile , in accordance with the provisions of these rules.
3. Territorial and temporal scope of the promotion
3.1. The PROMOTIONS will be carried out within the Spanish State, only mainland Spain.
3.2. The promotional period is set for each post.
4. Requirements and ways to participate
4.1. Be a natural person over 18 years of age, resident in Spain.
4.2. Participate in the contest through the participant's real, active, and personal Instagram account, which cannot be considered likely to have been created with the sole intention of participating in the PROMOTION.
Only accounts that meet the following characteristics will be considered valid for participation:
- The user must have a profile photo designated by themselves (it does not have to be a personal photo).
- You must have at least one photo/post published on your profile from the moment it was created.
An account will be deemed to have been created solely for the purpose of participating in the promotion if it was opened after the promotion was published and does not meet the requirements set forth.
4.3. It will be necessary to meet the requirements indicated in each of the promotions.
4.4. Each participant may participate as many times as they wish, from a single account or profile or from multiple accounts, provided they meet the requirements set out above regarding the conditions of account validity.
5. Free of charge
Participation in the PROMOTION is FREE .
6. Promotion prizes
6.1. The winner(s) who, according to the participation criteria and after the draw has concluded, is deemed the winner(s) will be entitled to receive the prize indicated in the publication.
6.2. The draw will be conducted through an application designed for this purpose.
6.3. The prize obtained, if applicable, will not be exchangeable or redeemable for another cash value or for another alternative prize.
LADRAN GAUCHO SL will cover the shipping costs once to the address indicated by the winner, in accordance with the terms set out in section 7.
6.4. Participation in the draw implies the participant's acceptance of and submission to the terms of participation set forth in these legal bases, without any exception to the provisions herein.
7. Communication of the winners
7.1. The prize winner will be informed directly via Instagram direct message, within SEVEN (7) business days (Monday to Friday) after the draw end date.
Once the communication indicated in the previous section has been made, the winning person must respond by the same means within a maximum period of TWO (2) business days (Monday to Friday) after the date of sending said communication, stating the following:
- That you expressly accept the announced prize and the terms and conditions for its delivery provided for in these rules.
Failure to accept the prize and the terms and conditions for delivery constitutes a waiver of the prize. If this is not stated in the response message, LADRAN GAUCHO SL may require the prize winner to provide a statement on this matter within the aforementioned period. - For the purposes set forth in Condition 9 of these rules, you must provide a photograph featuring only the winner and that complies with Instagram's terms and conditions for publication; or, otherwise, you must expressly authorize LADRAN GAUCHO SL to use the photograph on your profile, under the terms set forth in these rules.
Failure to comply with this requirement will result in the forfeiture of the prize and exclusion from the drawing. If this is not stated in the response message, LADRAN GAUCHO SL may require the prizewinner to provide a statement on this matter within the aforementioned period. - Provide a copy of your national identity document (DNI) or equivalent document for foreigners residing in Spain, in order to obtain the following personal information: First and last name, DNI, and age.
- Provide an address within the Spanish State (Peninsula, Ceuta, Melilla, the Balearic Islands, and the Canary Islands) to which the prize will be sent; a contact email address and mobile phone number.
If within the indicated period the prize winner or, where applicable, substitute, does not respond to the communication made by LADRAN GAUCHO SL , it will be understood that they have withdrawn from the draw, and the prize will go to the next substitute on the draw list.
7.2. In the event that one or more prizes are not accepted and are deemed to have been waived until the number of substitutes is exhausted, the prize in question will be declared void, and LADRAN GAUCHO SL will be exonerated from any obligation or liability.
8. Reservations and limitations
8.1. LADRAN GAUCHO SL shall not be liable for any malfunction of electronic communication networks that may impede the normal operation of the promotion for reasons beyond its control, particularly due to external acts of bad faith.
8.2. Any abusive or fraudulent use by users will result in the disqualification of the participant from the PROMOTION. If such misuse of the application (with or without fraudulent intent) causes it to malfunction, LADRAN GAUCHO SL will be exonerated from all liability and may cancel the promotion.
8.3. Likewise, abuse or fraud will be deemed to occur, including but not limited to, when a participant participates in the promotion using a false account or third-party identities without their consent.
8.4. LADRAN GAUCHO SL is not responsible for any losses, damages, delays or any other circumstances attributable to third parties that could affect participation in this PROMOTION.
8.5. LADRAN GAUCHO SL is not responsible for any inappropriate or offensive content that users may upload at their own risk.
8.6. The discovery of any of these circumstances during the PROMOTION will result in automatic disqualification and prohibition from participating in the contest, as well as the loss of the prize, if any, awarded.
8.7. LADRAN GAUCHO SL is exempt from any liability in the event of any error in the data provided by the participants themselves that prevents their identification.
8.8. The award of the Prize is personal and non-transferable .
The prizes are subject to these legal terms and conditions and cannot be substituted in whole or in part with cash. The prizes cannot be exchanged, altered, or compensated at the winner's request.
If the winner rejects the prize, no alternative will be offered. Its sale or transfer is strictly prohibited.
8.9. Providing the winners' personal information will be mandatory for the purpose of managing the Prize. Any false disclosure of personal information will entitle the organizers of this draw to disqualify the winner and obtain the corresponding prize, under the terms set forth herein.
8.10. LADRAN GAUCHO SL reserves the right to make changes that contribute to the successful completion of the DRAW when there is just cause or force majeure that prevents it from being carried out in the manner described in these rules.
8.11 . Instagram is fully exonerated from any liability arising from this giveaway by each participant.
8.12. The winner is responsible for obtaining any necessary permission or consent to enjoy the prize and for any incidents that may occur during the prize.
Likewise, LADRAN GAUCHO SL will not be liable for any damages, both personal and property , that the prizewinners may suffer as a result of enjoying the prize, including compensation of any nature and/or kind, expenses, costs (with express inclusion of the fees of lawyers and solicitors).
8.13. LADRAN GAUCHO SL is expressly authorized to postpone, shorten, extend, modify, cancel, or suspend the draw as a result of force majeure beyond its control, and undertakes to inform participants of this circumstance as soon as possible.
8.14. LADRAN GAUCHO SL is exempt from any liability in the event of providing personal data, such as name, personal or banking details, to fraudulent accounts other than @ladrangaucho.
Likewise, LADRAN GAUCHO SL is expressly authorized to resolve any contingency not covered by these legal bases, provided that it does not entail a substantial change to the terms and conditions of the draw or impair the rights of consumers and users or violate regulations regarding the protection of personal data.
9. Transfer of image rights and/or intellectual property of the award winner
9.1. Acceptance of the prize, under the terms set out in Condition 7.1., will entail AUTHORIZATION to LADRAN GAUCHO SL by the prize winner to reproduce, use and distribute their username , account and profile photo or the one provided by them, in any advertising and/or promotional activity related to this PROMOTION, all in any medium (including, but not limited to, exploitation through the Internet and social networks) without said activities conferring any right to remuneration or benefit, without prejudice to the delivery of the prize obtained in accordance with these rules.
9.2. Failure to provide the authorization referred to in Condition 9.1 will result in the forfeiture of the prize obtained and exclusion from the draw, with the procedure in accordance with the provisions of Condition 7.1.
10. Processing of personal data
10.1. The personal information provided by participants and winners will be treated in accordance with the maximum confidentiality and in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of their personal data and the free circulation of these data and which repeals Directive 95/46 / EC (General Data Protection Regulation) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
LADRAN GAUCHO SL will be responsible for processing this information. For this purpose, it will be incorporated into the Register of Processing Activities held by LADRAN GAUCHO SL for processing, which will consist of participation in this drawing, as well as contacting the winners and alternates.
10.2. Terms of use of personal data :
Purpose of processing personal data. The collection and processing of personal data is for the following purposes:
- Manage the PROMOTION regulated in these rules.
- The presentation and acceptance of the prize by the participants and prizewinners.
- Shipping of prize packs.
The personal data collected and processed are those necessary for shipping the packages and delivering the prizes: name / surname / full home address / email / telephone number.
Data controller: LADRAN GAUCHO SL ; email: info@ladrangaucho.com
Recipients: Access to personal data and information collected in the context of the organization and holding of the draw will only be granted to a certain number of duly identified people, without prejudice to their possible transmission to the organizations and entities in charge of monitoring, controlling or inspecting compliance with the obligations arising from the organization of this draw.
Data retention: The data controller will only retain data when necessary to carry out follow-up actions on the event, taking into account the purpose of the processing of personal data.
Users may exercise their rights of access, rectification, deletion, and other rights, which can be found in the additional information detailed in our privacy policy, by contacting the data controller at the email address provided.
11. Acceptance of bases
11.1. Without prejudice to the provisions of Condition 8 and other conditions included in these rules, participation in the promotion implies express and unreserved acceptance of these rules.
11.2. Failure by a participant to comply with any of these rules will result in immediate disqualification from the draw, and they will not be eligible to participate in the PROMOTION by any other means.
12. Applicable law and jurisdiction
12.1. These Promotion Rules are governed by Spanish law. The Courts and Tribunals of the city of Seville shall have jurisdiction to resolve any claim or dispute that may arise regarding the validity, interpretation, or enforcement of these rules.
12.2. If any clause or part of a clause of these terms and conditions is declared void, illegal, or unenforceable, that clause or part of it shall be deemed not to be included in these terms and conditions, without affecting the validity, legality, or applicability of the remaining conditions contained therein.