PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE ACTIVACAR AND LES ROCHES ELECTRIC MOBILITY SOCIAL MEDIA COMPETITION (THE “CHALLENGE”) AS THEY GOVERN YOUR PARTICIPATION IN THE CHALLENGE. DO NOT PARTICIPATE IN THE CHALLENGE IF YOU DO NOT UNCONDITIONALLY AGREE TO BE LEGALLY BOUND BY THESE TERMS & CONDITIONS. THESE TERMS AND CONDITIONS PREVAIL IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY WITH ANY OTHER COMMUNICATION MATERIALS.
This Challenge is operated by Activacar Mobility S.L., a company registered in Spain at Calle Ancha del Carmen, 1, 5º A, 29002, Málaga. This Challenge is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other social network.
1. ELIGIBILITY.
This Challenge is only open for students of Les Roches Marbella.
Accordingly, Participants must:
● Be students of Les Roches Marbella
● Be at least eighteen (18) years old.
● Have a valid driver’s license
If you do not meet these requirements, we ask you not to participate in the Challenge.
Employees, officers, and directors of Activacar or Les Roches, are not eligible.
2. APPLICATION
Entry into the Challenge will be deemed as acceptance of these terms and conditions. Participation to the Challenge is free and there is no purchase necessary.
Up until the 6th of July 2022 at 10:00 A.M (CET), you can access and complete the process to participate in the challenge, through the instructions sent to the students’ email, which are also indicated in the Instagram posts of Les Roches Marbella and Activacar.
The method of participation will be as follows:
● Like the Instagram posts of Activacar
● Follow the Instagram accounts of Activacar and Les Roches Marbella.
● Upload a photo with one of the Activacar vehicles, and mention/tag Activacar, Les Roches Marbella, and the Intagram’s usernames of two colleagues with whom you will enjoy the prize.
● Comment on the post and mention the Instagram’s usernames of colleagues with whom you will enjoy the prize to have double participation (Your participation is counted by two).
Only completed applications will be screened. Uncomplete applications will be considered void and not considered in the judging of this Challenge. Activacar is not responsible for errors, omissions, lost, late or delayed, interruptions, deletions, delays in operations or transmission, invalid, misdirected, illegible, mutilated, incomplete, technically corrupted or misdirected applications whether caused by any technical or human error. These types of applications will be disqualified.
3. SUBMISSION FORMAT REQUIREMENTS.
You may enter only one (1) submission.
Your submission must comply with all requirements that you can find on: https://www.instagram.com/reel/Cfdr7acgsUh/?igshid=NWRhNmQxMjQ=
Once you submit it, your submission is final and may not be modified or edited. No Submissions will be returned.
The person in whose name the application is registered will be deemed the participant (“Participant”). Collective participation is not allowed.
4. WINNERS SELECTION
The winner will be announced on Wednesday, July 6 from 12:00 P.M.
The winner will be chosen by Activacar randomly through the https://app-sorteos.com/es platform among all those registered in the challenge.
Activacar will contact the winner to obtain the necessary data and be able to send the prize. By submitting their personal data, the winner expressly accepts the conditions of the promotions described in these terms and conditions bases. In the event that a winner cannot be contacted within 15 days from the winner’s communication, the next participant in the ranking of selected/winners will be contacted.
5. PRIZE
The prize is a sustainable experience in Ronda, doing a via ferrata in the Tajo de Ronda (https://www.transfersandexperiences.com/actividades/ronda/via-ferrata-tajo-de-ronda), in addition, the round trip that will be made in one of Activacar’s electric vehicles.
The prize will be for 3 people, for the winner, and for the people with whom he has participated in the challenge
The date to enjoy the prize will be decided by the winner. And it has to be used before October 1, 2022
5. PERSONAL DATA
Delivering personal data is voluntary but it is essential in order to take part in the Challenge. Participants personal data will be processed by Activacar in connection with operating the Challenge for Les Roches (including administering prizes) and according to the Activacar Privacy Policy available at https://activacar.com/politica-privacidad/ )
6. INTELLECTUAL PROPERTY.
As conditions of applying to this Challenge and by uploading a submission, each Participant warrants and represents that i) the submission is original and has been legally created and does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; ii) that he/she owns all rights to his/her submission, including, without limitation, the copyrights contained therein; iii) he/she has obtained permission from each person whose name, image or likeness (“Likeness”) is included in the submission, and that such person(s) have granted all necessary rights to use the person’s Likeness as described herein; and iv) irrevocably grants Activacar its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, publish, post, display, publicly perform, and/or otherwise use or reuse (without limitation as to when or to the number of times used), the submission (in each case, as submitted or as edited/modified in any way), as well as to use Participant’s Likeness, and/or statements regarding participation in this Challenge in any and all media without limitation as to time or territory, and without compensation or approval from the Participant or any other party. The winners may be required to sign and return a declaration of compliance with these Terms and Conditions and a full liability and publicity release in forms satisfactory to Activacar.
Participants agree to indemnify and hold Activacar and its affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnities”), harmless from and against any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnities due to or arising out of the Participant’s submission, or the Participant’s conduct in creating the submission or otherwise in connection with this Challenge including but not limited to claims for trademark infringement, copyright infringement; violation of an individual’s right of publicity or right of privacy; or duty of confidentiality or defamation. The Participants further agree to release the Indemnities from any and all claims that any advertising or any other material subsequently produced, presented, and/or prepared by or on behalf of Activacar infringes the Participant’s rights with regard to any elements, characters or ideas contained in any submission.
7. LIMITATIONS OF LIABILITY.
Participants hereby represent and warrant that: (i) they will comply with these Terms and Conditions as well as any and all applicable laws or regulations in connection with their participation in the Challenge and/or acceptance and/or use of any prize as the case may be including paying all relevant taxes where applicable (the winners are solely responsible for any tax implications arising from winning a prize), (ii) they will not use the Challenge or prize for any illegal or unauthorised purpose; (iii) they will not misrepresent their relationship with Activacar. Participants agree that the Indemnities will not be liable for any breach of the foregoing and will indemnify the Indemnities from any action, claim, expense or damages resulting therefrom.
Activacar has arranged this Challenge in good faith but, to the fullest extent allowed by law, accept no responsibility for loss or damages, including any third-party claims, as a result of anyone participating in the Challenge or any aspect of the prize awarded. By participating in this Challenge, Participants agree to hold the Indemnities harmless against all and any liability and claims and injuries that may arise from or be based upon participation, winning, acceptance and/or use of the prize received in connection with this Challenge.
8. SUPSENSION/ TERMINATION.
In the event that the security, administration or proper play of the Challenge is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Activacar may in its sole discretion suspend the Challenge to address the impairment and then resume the Challenge in a manner that best conforms to the spirit of these Terms and Conditions. The Challenge can otherwise be altered, varied, modified, changed or terminated.
Activacar reserves the right, in its sole discretion, to investigate any suspicious or inappropriate activity relating to the Challenge and delay the delivery of the prize during such investigations. Activacar reserves the right to disqualify any Participant or winner if, in its sole discretion, (i) a Participant or winner has not complied with these Terms and Conditions or (ii) has otherwise attempted to disrupt the Challenge (iii) or acted in an unsportsmanlike manner or (iv) engaged in any fraudulent or deceitful behaviour in connection with the Challenge, or (v) it believes the Participant or winner will impose potential liability on it or its affiliates, employees, representatives or agents.
Participants agree that any decisions of Activacar in relation to any aspect of this Challenge (including but not limited to eligibility determinations) are final and binding. Failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
9. MISCELLANEOUS
If any provision shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired. This Challenge is void where prohibited by law.
These Terms and Conditions and all related actions shall be governed by the laws of Spain and any legal suit action or proceeding arising out of or relating to this Terms and Conditions shall be commenced in a court of competent jurisdiction located within Málaga (España)
