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Legal Terms – Photo Contest #Meliá60andmore
1. This promotion is organized and run by Meliá Hotels International, S.A. (hereinafter referred to as "Meliá"), with registered office at Calle Gremio Toneleros 24, 07009 Palma de Mallorca, with E.I.N. A-78304516 and registered on the Companies Register of Mallorca, sheet 112, volume 1335, page PM-22603.
2. This promotion is in no way sponsored, managed or associated with or by Facebook. To participate, users agree that Facebook is completely exempt from any action or claim arising out of this promotion.
3. There will be only one (1) winner of the prize under the promotion. The winner will be chosen from among all contest participants randomly, using random.org (a computer program), provided they comply with the conditions described in these terms and conditions.
4. The prize consists of: 60,000 MeliáRewards points that can be used at the ME LONDON hotel, from 08/05/2016 to 12/22/2016.
5. The prize points will be added to the winner’s account in the weeks after the prize draw has concluded and will not exceed 60,000 points. The prize points will be subject to the specifications described in the General Conditions of the #MeliáRewards Program; and may not be transferred, given away or exchanged for their equivalent in money.
6. The prize points will be valid until 22nd December 2016. Offers are subject to availability.
7. Full acceptance of these terms and conditions is an indispensable prerequisite for participating in the promotion.
8. Applicants may participate in the promotion from the 7th to the 31 st of July, 2016. The promotion consists of a photo contest which can be found on an external page (hereafter called a “landing page”) and also as a tab on Facebook. The landing page can be accessed by clicking on the link in the Facebook and Twitter contest posts, or by clicking on the Facebook tab.
9. Meliá will be responsible for any tax liability associated with accepting this prize. For more information on potential tax obligations, please send a private message through the MeliáRewards Facebook page.
10. No cash prize will be offered as an alternative. The winner may not transfer or a change the prize under any circumstances. Meliá reserves the right to substitute the prize for any other gift of similar value.
11. Participation in the promotion is limited to persons of legal age in Spain, i.e., those who have reached the age of 18. Employees or shareholders of Meliá or of any associate or company of the group, or their spouses or spousal equivalents may not participate in the contest. Likewise, nor may agencies and suppliers or any entity connected to this prize draw participate.
12. Applicants may participate in the promotion via an external page that can be accessed through a link included in the related post of the MeliáRewards Facebook page. Once they access the external website, they must comply always with the following guidelines:
a) Upload an image showing one of their best memories in a Meliá hotel to the external landing page directly associated with the MeliáRewards Facebook page. The user can title the photo and leave a comment, indicating where the picture was taken or what the memorable moment consisted of.
b) The participant’s photo is only valid after they have given their name and a contact email as well as accepted the Terms and Conditions of the contest.
c) Any of the participants who decide to take part in the competition can upload more than one photo. This action does not guarantee them an advantage over other users, the winner will be chosen randomly.
d) Participants must be members of the MeliáRewards loyalty program before participating in the contest. Such registration shall not grant them automatically members of any other MHI program.
13. Participation is free and users can participate only once for each user profile. Once the competition is over and which will which will last 24 natural days, there will be a random draw through random.org (a computer program) in order to judge the winner.
14. Once the winner has been contacted through the MeliáRewards Facebook profile, the winning user will have up to 7 calendar days to accept the prize and, if the Organization so requires, for the winner’s data to be verified by the Organization. Meliá reserves the right to exclude from the promotion any comment that is dubious, offensive or fraudulent.
15. Should the winner not claim the prize within that period of time or choose not to accept the prize, he or she would forfeit the possibility of obtaining it and a substitute winner would be announced on the Facebook profile. The substitute winner must also claim the prize within seven days of the communication. Meliá will not contact the winner personally and it is the responsibility of all participants to visit the MeliáRewards Facebook page to check whether they have been selected as the winner. In the event that neither the original winner nor the substitute winner claims the prize, such prize shall be considered unclaimed.
16. Meliá assumes no liability and shall not be liable for any of the content (including images or videos) or for any comment from participants in the contest or in the profile of the brand. Meliá reserves the right to remove immediately any comment, post, image or video that is inappropriate, obscene or in any way offensive, posted on the social networks of MeliáRewards. The authors of such material shall be automatically disqualified from the contest and blocked from the social networks of Meliá, at the discretion of the company.
17. The promotion will begin on July 7th, 2016 at 18:00 GMT + 1 and will end on July 31st, 2016 at 17:59 GMT + 1.
18. The countries from which one can participate in this promotion are: Spain, United States, France, Germany, United Kingdom, Ireland, Bulgaria, China, Netherlands, Belgium, Austria, Finland, Norway, Luxembourg, Denmark, Sweden, United Arab Emirates, Morocco, Egypt, Saudi Arabia, Czech Republic, Italy, Greece, Hungary, Estonia, Romania, Poland, Sweden, Japan, India, Australia, New Zealand, Russia, Argentina, Uruguay, Chile, Nicaragua, Mexico, Colombia, Peru, Paraguay, Panama, Venezuela, Ecuador, Bolivia, Costa Rica, Honduras, El Salvador, Guatemala, Jamaica and Dominica Republic, provided there is no internal limitation to such participation in these States.
19. The selected winner must be the legitimate user of the Facebook account used to participate in the contest. Meliá reserves the right to withdraw the prize if it detects or in any way suspects that the winner is not the rightful owner of the Facebook account used to participate in the promotion.
20. When claiming the prize, the winner will be informed of the details necessary to make effective delivery thereof.
21. Meliá shall not under any circumstances be liable for the services of any other company with which it collaborates for delivery of the prize, or for any act or omission not attributed to Meliá, its suppliers, subcontractors, agents or distributors. Any claim relating to such services and/or companies must be dealt with directly with the provider company.
22. Meliá assumes no liability for any loss or damage resulting from the negligence of a winner or customer while consuming or enjoying the prize.
23. On entering the contest, the winner agrees to participate for free in advertising related to the promotion, should Meliá so request. Such advertising may include the name of the winner and the images and comments used in interviews, articles on social networks and publications in the media. This list is not exhaustive. The winner agrees that Meliá may use his or her name, images and any comments made by the winner in order to advertise the contest, without having the obligation to pay the winner in any way (the winner confirms that he or she grants Meliá the right to use them for this purpose).
24. The result of the contest is final and no correspondence shall be entered into in this regard. Meliá reserves the right to cancel or modify the promotion as well as the terms and conditions of the contest at any time and without prior notice in writing if circumstances beyond the control of Meliá make this necessary.
25. The profile names of the finalists will be posted on Facebook and their name and country of origin will be available upon request once the winner has been confirmed.
26. Meliá shall have no liability with respect to any participating posts that are incomplete, wrong, lost or delayed or for any posting that has not been done properly due to computer errors or for any reason beyond the control of Meliá Hotels International. Proof of entry of a comment or posting does not represent acknowledgement of receipt.
27. The only personal data that Meliá will process on each entry for the purpose of the promotion will be the user’s Facebook profile name, real full name, e-mail and any image/video downloaded in the posting and, for the winner, his or her name, e-mail address, phone number, postal address, date of birth and passport number as well as any image and/or quotation relating to the prize. Participants are responsible for the accuracy of their personal data and for informing Meliá in the event of errors or changes in the information supplied. Meliá shall have no liability whatsoever for any loss caused by the provision of incorrect or incomplete personal data. Meliá will handle personal information fairly and lawfully in accordance with European data protection laws and only for the purposes described in these terms and conditions. Participants shall be aware that use of the Internet and other technologies can cause loss of personal data and Meliá shall have no liability for the loss of data caused by errors or technological matters beyond the control of Meliá. Participants and guests may withdraw their consent from Meliá in relation to the processing of their data. To do this, they must contact Meliá directly in writing at the postal address indicated in the final clause of this document, or by e-mail to lopd@Meliá.com. Participants who avail themselves of the right to withdraw their consent from Meliá will be automatically disqualified from participating in the contest or receiving prizes.
28. The winner will be responsible for the taxes related to winning the prize and confirms acceptance thereof, whatever the source (except as provided for in this clause). The foregoing does not apply to the amounts Meliá Hotels International must pay to the Spanish Tax Agency on behalf of the winner to cover the withholding of taxes for prizes referred to in the Personal Income Tax Law (Ley de Impuestos sobre la Renta de Personas Físicas, IRPF) or in the Non-Residents Income Tax Law (Ley de Impuestos sobre la Renta de No Residentes, IRNR). For such purposes, Meliá will compensate the winner for the withholdings applied to them under the abovementioned taxes in relation to the income received through the payment and acceptance of the prize.
29. Participation in the contest implies acceptance by the participants of the terms and conditions of this document.
30. The equivalent terms "promotion" or "contest" are used in the same way in this document and there is no difference between the two.
31. If any legal provision of the Courts or any other competent body decrees that any clauses in these sections do not comply with the law or are considered invalid, illegal or unenforceable, the remaining terms and conditions that are not affected shall for all purposes remain valid.
32. The promotion shall be governed by Spanish law and subject to the exclusive jurisdiction of the courts of Palma de Mallorca, Spain.
33. The promoter is Meliá Hotels International SA ("Meliá") under its loyalty program, MeliáRewards, Calle Gremio Toneleros, 24, Palma de Mallorca, Spain. E.I.N.: A-78304516.