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LEGAL BASES OF THE PROMOTION
“WORLD CASINO MARBELLA SWEEPSTAKES”.
20/11/2022 – 19/12/2022 – ANDALUSIA
- Legal notice and identification of the responsible company.
- Object of the Legal Bases
- Territorial scope
- Requirements for participation
- Mechanics of participation
- Period of participation
- Prize Identification
- How to obtain the Prize
- Limitations on Award Eligibility
- Conditions and limitations on the enjoyment of the Prize
- Fraudulent participation. SPORTIUM’s power of inspection.
- Data protection and image rights
- Validity and modification
- Liability regime
- General information
- Dispute resolution and applicable jurisdiction
- LEGAL NOTICE AND IDENTIFICATION OF THE RESPONSIBLE COMPANY
The promotional action called “SORTEOS MUNDIAL CASINO MARBELLA”, consists of a promotion under the format of a URNA and is organized by the company SPORTIUM APUESTAS ANDALUCÍA SLU (hereinafter, “SPORTIUM” or the “Company”), a company incorporated under Spanish law, with its registered office in Malaga, at Avenida Los Vegas, nº 27, C.P. 29006 and holder of Tax ID number B93531606.
SPORTIUM holds the necessary gaming licenses to be able to develop its activity as a gaming operator in the Autonomous Community of ANDALUSIA. In the development of its activity as a provider of gaming and betting services (hereinafter jointly referred to as the “Gaming Services”) SPORTIUM acts under the supervision and control of the gaming regulatory body of the aforementioned autonomous community in accordance with the applicable regional regulations in force regarding gaming and betting.
The provision of gaming services developed by SPORTIUM in the Autonomous Community of ANDALUSIA is subject to a prior administrative authorization regime, consisting of a gaming license.
SPORTIUM is the company responsible for the URNA “SORTEOS MUNDIAL CASINO MARBELLA” (hereinafter, the “PROMOTION”). SPORTIUM has the necessary administrative authorizations both in terms of gaming and in terms of consumption and retail trade to carry out the present promotional action or, if applicable, has proceeded to previously communicate to the corresponding public administrations the realization of the PROMOTION.
- OBJECT OF THE LEGAL BASES
The purpose of the present general conditions of participation in the PROMOTION (hereinafter, the “Legal Bases”) is to regulate the conditions under which Sportium’s customers may participate in the PROMOTION, upon acceptance of the same and, if they comply with the requirements and the mechanics of participation, benefit, if applicable, from the Prize.
The present Legal Bases have been drafted in accordance with the provisions of the current regulations applicable to gaming, consumer and user protection and data protection. SPORTIUM customers participating in the PROMOTION (hereinafter, the “Participants”) may find these Legal Bases at their disposal in any of the SPORTIUM stores within the territorial scope of the PROMOTION, entitled “SORTEOS MUNDIAL CASINO MARBELLA”, in which they can participate in this promotional action so that they may consult them at any time and whenever they wish during the Participation Period.
- TERRITORIAL SCOPE
The territorial scope of the DRAW and, therefore, the territorial scope where the present Legal Bases will be applicable (hereinafter, the “Territory”), in the following Sportium point of sale:
Casino Marbella. Hard Rock Hotel Marbella Building 29660 Puerto Banús. Málaga.
- REQUIREMENTS TO PARTICIPATE
Participation in the PROMOTION is completely voluntary, free of charge and at no additional cost to the Participants. Participation in the PROMOTION implies full, complete and unreserved acceptance of these Terms and Conditions. Failure by the participant to comply with any of the Legal Bases implies the implicit waiver of his/her participation.
Those persons who comply with the provisions of these Legal Bases and meet all the requirements specified below may participate in the PROMOTION:
1) be over 18 years of age;
2) have their legal domicile in Spain;
3) not be self-excluded by being registered in the General Registry of Prohibited Access to Gambling (RGIAJ) or the registry of those prohibited from access to gambling of the corresponding Autonomous Community;
4) be the holder of a losing bet ticket of Sportium of at least 10 euros placed within the period of participation, in the Casino Marbella, and deposit it in the urn located in the premises with his/her personal data (name, ID and contact telephone number) written on the back.
5) to accept the present Legal Bases, which are understood to be fully accepted by participating in the present PROMOTION.
6) For the purposes of the PROMOTION, the following is understood as:
– “Super Account”: the user account associated with a personal Sportium wallet card through which a SPORTIUM client can place bets in SPORTIUM betting premises.
– “Bet”: gambling activity in which an amount of money is risked on the results of a previously determined event, with an uncertain outcome and outside the control of the parties involved in the same.
– “Formalize”: to validly place a bet according to the provisions of the “Glossary of Terms” contained in the “Rules of organization and operation of Sportium’s bets”.
Any other term specific to the bets and/or the PROMOTION that appears in the Legal Bases must be interpreted according to the definition of such term contained in the “Glossary of Terms” contained in the “Rules of organization and operation of Sportium bets”.
SPORTIUM will only contact the Participants through a telephone call made only to the telephone number they have designated when depositing their losing bet tickets of at least 10€ in the urn, as participants in the sweepstakes. Therefore, it is of vital importance that the Participants correctly, completely and accurately state their contact telephone number, which must be the real and personal telephone number of each Participant.
Participants who do not meet all of the aforementioned requirements, especially those who fail to correctly, completely and accurately state their telephone number will not be able to participate in the PROMOTION and will not be able to obtain the Prize. Therefore, all those Participants who do not comply with all the requirements established in the present Legal Bases will be automatically discarded by SPORTIUM and without the right to any indemnity or compensation whatsoever.
The following are expressly excluded from participating in the PROMOTION, and are therefore prohibited from participating in the PROMOTION: (i) all employees of SPORTIUM; (ii) persons who maintain a business relationship with SPORTIUM (including partners and investors); (iii) spouses, ascendants, descendants and other relatives by blood or affinity up to the 2nd degree inclusive of all of the above; (iv) companies to which SPORTIUM eventually entrusts the management and/or organization of the present promotional action; (v) the employees of the latter (regardless of the labor or mercantile nature of their relationship); and (vi) any other person who is prohibited from accessing the gaming premises and/or participating in the game according to the applicable regional regulations in force regarding games and bets.
- MECHANICS OF PARTICIPATION
To participate in the PROMOTION each Participant will have to:
1º Place a bet in Sportium on the dates of participation in the PROMOTION and in the premises described as Territory.
2º If the bet is a loser, write his/her personal data (name and surname, ID and telephone number) on the back of the ticket, and deposit it in the participation urn that will be found in the premises.
3º As long as the customer complies with all the requirements described in these rules, he/she will be included in the database of participants for the sweepstakes, whose process is specified in point 8 of these legal bases.
Each Participant will be able to participate in the PROMOTION as many times as he/she wants, always introducing a different losing bet ticket, with the requirements specified in these rules.
- PERIOD OF PARTICIPATION
The period to participate in the PROMOTION begins on November 20 at 11:00 a.m. and ends on December 19 at 9:30 p.m., both dates included.
SPORTIUM reserves the right to declare the PROMOTION void, extend the participation period, end it early or suspend the PROMOTION at its sole discretion and without the right to any indemnity or compensation in favor of the participants, especially in the event of force majeure or unforeseen circumstances. In such case, SPORTIUM will inform the Participants of such circumstance.
- PRIZE IDENTIFICATION
The PROMOTION consists of a draw of 1 Spain jersey, 1 France jersey, a ball, 3 freebets of 100€ and 3 freebets of 50€ at Casino Marbella.
- HOW TO OBTAIN THE PRIZE
Once the period of participation in each sweepstakes has expired, Sportium will proceed to carry out the drawing in the same premises. By means of the innocent hand technique, the store personnel will extract a ticket from the urn and after verifying that the bet meets the requirements described in these rules, will make a telephone call to the winner at the number he/she has indicated.
Only two calls will be made to the winner within 15 minutes. If the winner does not answer, at the second call he/she will be eliminated as a possible winner of the prize and then another ticket will be drawn to find a new winner. This procedure will be repeated successively on the same day of the drawing until a valid winner for the prize is found.
Therefore, the beneficiary of the prize draw will be the participant who is chosen in the draw to be held on: November 28 at 21:30 (1st draw), December 5 at 21:30 (2nd draw), December 19 at 21:30 (3rd draw) and December 19 at 21:30 (3rd draw): 30 (3rd draw) and who answers the telephone call that will be made to confirm acceptance of the prize, provided that he/she fully complies with the provisions of these Legal Bases, especially with regard to the requirements, the mechanics of participation, and the period of participation of the PROMOTION (hereinafter, “the Beneficiary/s”).
During the period of participation, SPORTIUM will review the compliance with the requirements and the mechanics of participation and the acceptance of the Legal Bases by the Participants, automatically excluding all those who do not comply in any way with the provisions of these Legal Bases and those who cannot be contacted by SPORTIUM because they have entered a false, incorrect or incomplete telephone number or a telephone number belonging to a third party.
In case the Participant fulfills all the requirements and mechanics of participation, as stipulated in these Legal Bases, he/she will become part of the database of participants in the sweepstakes.
In any case, SPORTIUM reserves the right to leave the Prize void for reasons of force majeure or justified causes, as well as in the event that the Participants do not comply with the provisions of these Legal Bases or participate in any way in a fraudulent manner in the promotion and/or in breach of these Legal Bases.
- LIMITATIONS FOR OBTAINING THE PRIZE
Only customers who correctly deposit the ticket of the losing bet in the ballot box located in the premises within the dates of participation of the PROMOTION, with real and valid information, will be able to participate in the drawing for a prize.
In the event that SPORTIUM cannot deliver the gift to the beneficiaries of the same due to force majeure, it will inform the latter of this circumstance and will provide them with a substitute gift of at least similar characteristics, of the same value. SPORTIUM reserves the right to declare the gift void.
- CONDITIONS AND LIMITATIONS OF ENJOYMENT OF THE PRIZE
The PROMOTION Prize will be delivered to the beneficiary in the same premises by the staff of Casino Marbella at the time of acceptance of the prize.
In no case shall the delivery of the Prize entail the obligation to purchase any product or contract any service. The waiver of the Prize will not grant the Beneficiary any right to any indemnity or compensation whatsoever.
- FRAUDULENT PARTICIPATION. SPORTIUM’S POWER OF INSPECTION.
SPORTIUM reserves all powers and actions necessary to verify the veracity and adequacy of the participation and performance of the Participants in the PROMOTION to the present Legal Bases (including, but not limited to, requesting a copy of the National Identity Card or equivalent identification document) and to investigate any action of any Participant suspected of fraud or contravention of the provisions of the present Legal Bases, the good faith or the applicable legislation.
SPORTIUM may exclude from the PROMOTION automatically, without prior notice and without any right to compensation or indemnification to any Participant, including the Beneficiaries, who breaches the provisions of these Legal Bases, the applicable legislation and good faith (especially in case of multiple participation or introduction of false, incorrect, incomplete or third party personal data) or who is suspected of any irregular action or action, reserving the exercise of any actions that may be appropriate for the compensation of the damages caused.
- DATA PROTECTION AND IMAGE RIGHTS
BASIC INFORMATION OF PROTECTION OF PERSONAL DATA
Responsible for SPORTIUM APUESTAS ANDALUCIA S.L.U.
Treatment and its purposes Management of the participation of users in the promotional action “SORTEOS MUNDIAL CASINO MARBELLA”, with the following purposes:
– Manage their correct participation in the promotional action;
– Manage, where appropriate, the delivery of the Prize;
– Manage any incident, request for information or claim related to or derived from the promotional action and the participation in it of the Participants; and
– Comply with the legal obligations required of SPORTIUM.
Basis of legitimacy Execution of the existing contractual relationship between SPORTIUM and the Participant by accepting the Legal Bases and participating in the promotional action “SORTEOS MUNDIAL CASINO MARBELLA”.
Recipients The data of the Participants may be communicated to third parties such as Payment Platforms and banks, Authorities and fraud protection agencies, General Directorate of Gaming and Tax Administration in order to execute the Legal Bases and pay the Prize, prevent fraud and money laundering and, where appropriate, comply with the corresponding tax obligations.
Rights Participants may exercise the following rights:
– Right to obtain confirmation from us as to whether or not we process personal data concerning him/her.
– The right to obtain the rectification of inaccurate personal data concerning him/her.
– The right, in the cases provided for by law, to obtain the deletion of personal data concerning him/her.
– The right, in the legally established cases, to obtain the limitation of the processing of your data, in which case we will keep them only for the exercise or defense of claims.
– The right to receive the personal data concerning you, which you have provided to SPORTIUM, in a structured, commonly used and machine-readable format, and to transmit it to another data controller.
– The right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her for the purposes of SPORTIUM’s legitimate interests, such as, for example, marketing purposes.
– The right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on your person.
You can exercise at any time the rights described above either by submitting a letter to the address above, or by sending an email to firstname.lastname@example.org specifying in any case what is the right you wish to exercise and accompanying in both cases your request a photocopy of your ID card or equivalent identification document. In case you act through a representative, legal or voluntary, you must also provide a document proving the representation and identification document of the same. You can use the official forms of the Spanish Data Protection Agency, available on its website:
Likewise, we inform you that, when you consider that you have not obtained satisfaction in the exercise of your rights or the way to exercise them, you may file a complaint with the Control Authority. If you want to know more information about this right and how to exercise it, you can contact the Spanish Data Protection Agency http://www.agpd.es/ Tel. 901 100 099 and 91.266.35.17. C/ Jorge Juan, 6 28001-Madrid (Madrid).
Conservation Period The data of the Participants will be conserved during the period of participation in the promotional action and, subsequently, during the period legally established for the prescription of the legal actions that could derive from the existing relationship between SPORTIUM and the Participants, as well as during the period of time legally established by the tax legislation, as well as other applicable legislation.
Provision for transfers to third countries No transfers to third countries are foreseen.
Participants and Beneficiaries consent and authorize SPORTIUM, free of charge, to reproduce and publish their name and surname and to reproduce and publish their image (including their physical appearance and voice) during the five years following the celebration of the PROMOTIONS in any communications and/or advertising or promotional actions that SPORTIUM carries out in digital media (such as, but not limited to, corporate web pages and blogs, corporate profiles in social networks, publication in digital media, etc.) or printed media (such as, but not limited to, corporate web pages and blogs, corporate profiles in social networks, publication in digital media, etc.) or printed media (such as, but not limited to, general media, magazines specialized in the gaming sector, etc.) in order to publicize, promote and/or advertise the PROMOTIONS. ) or printed media (such as, but not limited to, general media, specialized magazines in the gaming sector, etc.) in order to publicize, promote and/or advertise the PROMOTIONS and/or the activity of SPORTIUM.
- VALIDITY AND MODIFICATION
The present Legal Bases will be in force during the period of participation in the PROMOTION.
SPORTIUM reserves the right to extend the period of participation, cancel in advance or suspend the PROMOTION at its own discretion and without the right to compensation for third parties, in which case it will duly inform the Participants of such circumstance.
- LIABILITY REGIME
The Participants are the only ones responsible for the damages that may be derived for SPORTIUM and/or for third parties as a consequence of the breach of the obligation to provide SPORTIUM with their personal data in an updated, truthful, exact and complete manner and corresponding to their own identity (and not to that of third parties) at the moment they provide it.
In no case and under no circumstances will SPORTIUM be responsible for any damages, whatever their nature (for mere non-limiting exemplary purposes: direct, indirect, circumstantial, temporary or indefinite) and/or amount that may be caused to the participants or third parties as a consequence of the participation in the PROMOTION and/or the enjoyment of the Prize.
SPORTIUM is not responsible for any damages arising from any failure, problem, action or omission by third parties outside SPORTIUM, such as but not limited to, computer attacks, strikes, any type of civil unrest or threat, fires, floods, earthquakes or any other natural disaster, etc.
Any issue derived from or related to the incorrect, incomplete or inaccurate introduction of their personal data or false data by the participants in the PROMOTION will be the sole and exclusive responsibility of the latter.
In no case and under no circumstances shall the failure of SPORTIUM to exercise its rights or the actions that may correspond to the latter be understood as a waiver of the same.
The headings contained in the present Legal Bases are merely orientative or informative, so that they do not affect, qualify or extend the interpretation of the same.
In the event that any of the clauses contained in these Legal Bases is declared null, abusive or unenforceable, in whole or in part, by a judicial or administrative body, such declaration shall affect the clause in question individually, and the same shall be deemed not to have been made and the declaration of nullity, abuse or unenforceability may not be extended under any circumstances to the rest of the terms of these Legal Bases, which shall survive.
These Legal Bases are governed by the Spanish legislation in force at any given time.
- RESOLUTION OF CONFLICTS AND APPLICABLE JURISDICTION
A maximum period for the reception of claims in relation to the PROMOTION is established. Thus, SPORTIUM will only process those claims related to such promotional action received within the month following the month in which the Participant made his/her Prediction. After this period, SPORTIUM will not process any claim related to the PROMOTION.
Participants in the PROMOTION, including the beneficiaries of the Prize, expressly waive any jurisdiction that may correspond to them by law and expressly agree to submit any claim, controversy or litigious matter related to the PROMOTION to the Courts and Tribunals of the city of Cadiz.
SPORTIUM makes available to the Participants the contact email: email@example.com so that they can contact the Company in order to solve any question they consider appropriate in relation to the PROMOTION.