LEGAL TERMS AND CONDITIONS “Miles of Trust” CONTEST CHALLENGES
The terms and conditions (“Terms”) of the Challenges associated with the “Miles of Trust” contest are as follows. The act of participating in the Challenges implies that you have read and accept these Terms.
1.- THE RESPONSIBLE PARTY FOR THE ORGANIZATION AND TERRITORIAL AND TEMPORAL SCOPE
MAPFRE, S.A., with registered offices in Madrid, Ctra Pozuelo, 52 28222- Majadahonda, and with TIN A-08055741 (hereinafter “MAPFRE” or “The Organizer”) is organizing this drawing among the participants who finish any of the four different Challenges associated with the “Miles of Trust” Contest, as detailed in these Terms and Conditions.
The territorial scope of the Drawing is Worldwide.
Participation will be open from 00:00 hours (12 AM) (Spanish peninsular time) on April 12, 2021 until June 20, 2021 at 23:59 hours (11:59 PM) (Spanish peninsular time) as detailed in each of the Challenges.
2.- REQUIREMENTS AND PARTICIPATION PROCESS
Any individual over 18 years of age who registers for any of the Challenges detailed in section 3 of these Terms through the registration form found on the website https://sportmaniacs.com/es/races/km-of-trust and in the KM OF TRUST APP, and who sends MAPFRE the result of their participation in all or any of the above mentioned Challengeswill be eligible to participate in the Drawing.
At the time of registration, the participant must declare to be physically fit to complete the course of the different Challenges, being solely responsible for the preliminary medical tests that he/she deems appropriate to perform in order to make such declaration in a responsible manner, as well as any physical or psychological condition that he/she may suffer as a result of his/her participation in the Challenges. Therefore, by registering, participants agree to participate in the Challenges at their own risk and responsibility, exonerating MAPFRE from any liability in this regard.
The Organizer of the Drawing will provide all participants, free of charge with a multi-language APP (KM OF TRUST), available in Spanish, English and Portuguese,on Android and iOS platforms. The APP will allow registrations, measure participants’ distances and times in each type of challenge/race, display distance rankings and include automatic notifications to encourage training, motivation, participation and registrations.
The timing system will be carried out through the Km of Trust App or through the Strava App, which will time and measure via GPS the route that each runner takes in the Challenge(s) in which he/she decides to participate. This will allow each participant to run wherever he/she chooses.
Participation is free of charge. The maximum number of registered participants shall be 1,200.
In addition, the Organizer will activate the hashtag #MilesofTrustMAPFRE, where participants may upload photos taken during the race corresponding to the Challenge(s) in which they are participating to Instagram, Facebook or Twitter, and they will be displayed on the milesoftrust.com website in accordance with the terms and conditions established in sections 8 and 9 of these Terms.
3.- CHALLENGES AND ASSOCIATED PRIZES
Participation in each of the different challenges is independent. In other words, participating in a determined Challenge neither obligates nor excludes participation in the rest of the Challenges. The participant is free to decide in which Challenge(s) he/she chooses to participate.
CHALLENGE 4. RUN 42 KM.
The Challenge can be completed from 00.00 hours (12 AM) (local time) on June 14 until 23.59 hours (11:59 PM) (local time) on June 20, 2021. The 42 km must be run in a row, that is to say, in a single run, not being valid the accumulation of kilometers on different days or at different times within the same day. Registration for this challenge will be open from March 22, 2021, through the KM OF TRUST App and at the website https://sportmaniacs.com/es/races/km-of-trust.
3 race bibs to run a marathon in 2022 (including travel and lodging) will be raffled among all participants who complete the Challenge.
4.- SELECTION OF WINNERS
Once the time to participate in the challenge has ended, participants’ times and positions in the ranking will be published on the website milesoftrust.com .
MAPFRE S.A., will use the EASY PROMOS sweepstakes web application to select three winners between June 21 and 25 from among all valid entries .
In addition, and applying the same criteria, 5 participants will be chosen at random and will be considered alternates following their order of random selection, in the event that a winner renounces the prize or if it is impossible to locate him/her.
MAPFRE reserves the right to modify the date of the selection of the winners and/or the dates of the Challenges at its convenience, as well as to substitute the prize for another of similar characteristics and equal value, which, if applicable, will be duly communicated to the participants in the Drawing.
5.- NOTIFICATION AND AWARDING OF PRIZES TO WINNERS
MAPFRE will notify the winners of the prize by means of the e-mail address provided at the time of registration within the 7 days following the Drawing corresponding to each Challenge.
From the moment of the notification of the prize, the winners will have a maximum period of 72 hours to confirm the acceptance or express renunciation of the prize and to provide the data necessary for the processing and delivery of the corresponding prize through the same e-mail address provided by MAPFRE in the notification thereof. In the event that, within the aforementioned period, the winners do not expressly state their acceptance or renunciation of the prize, or do not send the necessary information for the delivery of the prizes, or in the event that, even if such information is provided, it is not possible to locate them, it will be understood that they renounce the prize, and MAPFRE will be authorized to make use of the prize and award it to the winners selected as alternates in order of selection in the corresponding Drawing as indicated in section 4 above.
The means of notification and the deadlines for acceptance of the alternates will be the same as those indicated for the winners.
In the event of express or tacit renunciation of the prize, the winner shall in no case be entitled to any compensation whatsoever. If none of the winners accept the prize, it shall be declared void.
If none of the alternates meet the established requirements, the prize will be declared void, and MAPFRE will be exempt from any liability.
Once acceptance of the prize has been confirmed by the winner, delivery will be made by MAPFRE or by a supplier at the place and date indicated by MAPFRE, of which the winners will be duly informed. At the time of delivery, the winner must formalize the acceptance of the prize awarded to him/her by MAPFRE in order to duly record it in time and manner.
The prizes will all be sent once the Drawing corresponding to the last Challenge of the campaign (June 20, 2021) has been completed, regardless of whether the winner has participated in a specific Challenge, in several, or in all of them.
6.- EXCLUSIONS AND LIMITATIONS
The prize may in no case be subject to substitution, change, alteration, compensation or concession at the request of the winner.
The commercialization and/or sale of the prize obtained within the framework of this Drawing is prohibited.
MAPFRE reserves the right to
- cancel, modify or suspend the Drawing at any time for just cause and/or force majeure, communicating said circumstance to the participants,
- verify, by the procedure it deems appropriate, that the participants, especially the winners, meet all the requirements set forth in these Terms and Conditions.
- automatically disqualify any participant who fails to comply with the participation requirements established in these Terms and Conditions, defrauds, alters or disables the proper functioning and the normal and regulatory course of the Challenges and/or the Drawings corresponding to each of them, or performs improper practices to increase his/her probability of winning, such as the use of privileged information, undue manipulations, misuse of the App, etc., or uses any type of practice that may be considered contrary to the spirit of the Drawing, or that infringes upon the rights of third parties.
MAPFRE shall not be liable for
- the physical condition and suitability of the participants for their participation in the Challenges, being the participants solely and exclusively responsible for submitting themselves to the preliminary medical tests deemed appropriate to demonstrate their fitness for such participation in their registration, as well as for any physical or psychological condition they may suffer as a result of their participation in the Challenges, as indicated in section 2 of these Terms, exonerating the Organizer from any liability in this regard.
Given that the Challenges consist of virtual races, these will not be covered by any civil liability or sports accident policy of the Organizer, being the participants the sole and final responsible parties for any aspect associated with their personal health related to their participation in the Challenges, including, if applicable, the procurement of the corresponding insurance that the participant may deem convenient.
- delays or any other circumstance attributable to third parties that may affect the participation or progress of the Challenges and their Drawings, awarding of prizes, among others.
- damages of any kind that may be due to the temporary unavailability or lack of continuity of the operation of the tool through which one participates in the Challenges
- the winners’ information being incorrect or not being able to be contacted for reasons beyond MAPFRE’s control.
- improper or inappropriate use of the prize by the winners or third parties.
7.- ACCEPTANCE OF THESE TERMS AND CONDITIONS
The very participation in this Drawing implies full and unreserved acceptance of these Terms.
8.- IMAGE RELEASE
By uploading the photograph to the hashtag indicated, participants cede their image rights to MAPFRE with respect to the photographs indicated. This release is understood to be made indefinitely, on a worldwide basis and without any economic consideration whatsoever.
MAPFRE is authorized to disseminate the name, surname and image of the participants and of the selected winners, without any compensation, in its digital channels (social networks, websites, applications, etc.) as well as to use them for advertising purposes, in all kinds of internal or external media and in advertising and promotional material related to the Challenges.
In the event that participants provide MAPFRE with images corresponding to third parties, they must inform them of the above aspects and obtain the necessary consent to do so prior to transferring such images to MAPFRE, taking responsibility for any damage or harm that may be caused to MAPFRE in the event of failure to comply with the aforementioned duty of information and prior consent.
9. INTELLECTUAL PROPERTY
Participants guarantee, with respect to the photographs they upload on Instagram, Facebook or Twitter with the hashtag #MilesofTrustMAPFRE that:
• They are the sole owners/exclusive holders of its exploitation rights.
• They do not include any threatening, false, misleading, abusive, harassing, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or crude content.
• They do not contain any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
• They do not infringe upon intellectual or industrial property rights, nor do they violate the privacy and/or publicity rights of third parties, and they do not include:
o registered trademarks owned by third parties.
o copyrighted material owned by third parties.
o names, physical or characteristic resemblances that identify celebrities or public personalities, living or deceased.
o other persons who are not aware of the present Terms or who have not given their prior consent for the use of their image and/or personal information for the purposes detailed herein.
The participant grants MAPFRE, freely and without any compensation whatsoever, the right to reproduce and distribute in any form, broadcast and communicate in any format, said photographs, by itself or through third parties, for the purpose of running the Challenges and their corresponding Drawings and carrying out advertising and promotional activities in relation to the same.
The aforementioned release is non-exclusive and is made for the territorial scope of the entire world and without any time limitation.
The participant is responsible to MAPFRE for the authorship and originality of said photographs and for the peaceful exercise of the rights assigned by virtue of the provisions of these Terms, in respect of which he/she declares to be the sole and exclusive owner in full ownership and without any limitation whatsoever; at the same time, declaring that he/she has not contracted and will not contract any commitments or encumbrances of any kind that could prejudice MAPFRE’s rights thereof.
10.- TAX LIABILITIES
Prizes to be awarded to the winners of the drawing are as follows:
- 10 km Challenge: 10 packs consisting of a T-shirt + a pair of Asics shorts. The prize value per person is 60 euros.
In the event that the beneficiary of the draw is a resident in Spanish territory, the prize will be considered a capital gain for the winner in accordance with article 33 of Law 35/2006, of November 28, 2006, on Personal Income Tax and partial modification of the laws on Corporate Income Tax, Non-Resident Income Tax and Wealth Tax. The winner must declare the capital gain in his/her personal income tax return for the corresponding fiscal year, for an amount equivalent to the market value of the prize obtained.
The market value of the prizes corresponding to the drawings associated with the 10 km Challenge:
- 10 km Challenge: 60 euros
If the beneficiary resides in a territory with which Spain has signed an Agreement to avoid double taxation, and provided that said beneficiary provides a tax certificate of residence for the purposes of the applicable agreement, the taxation established in said Agreement shall apply.
If the beneficiary resides in a territory with which Spain has not signed an Agreement to avoid double taxation, the Non-Resident Income Tax Law shall be applicable. Specifically, for taxpayers subject to this tax, the withholding rate is 24%, unless they are considered tax residents in another Member State of the European Union or of the European Economic Area with which there is an effective exchange of tax information, in which case the rate is reduced to 19%.
11.- PERSONAL DATA PROCESSING
The personal data of the participants will be processed by MAPFRE, S.A. (with the identifying data indicated in section 1 of these Terms) for the proper management of their participation in the Drawing and, when applicable, delivery of the prizes to the winners.
|Basic information on data protection|
|Responsible Party||MAPFRE, S.A.|
|Purposes||Management and organization of the Drawing, including the delivery of prizes and promotion and publicity thereof.|
|Legitimacy||Consent of the interested party.|
|Recipients||Data may be communicated to third parties and/or transferred to third countries under the terms indicated in the Additional Information on Data Protection.|
|Rights||You may exercise your rights of access, rectification, deletion, limitation, opposition and portability, detailed in the Additional Information on Data Protection. In the event that the rights exercised are those of cancellation or opposition to the use of their data for the purposes indicated, given that such use is essential for the Drawing process, such exercise by the winner shall result in his/her automatic withdrawal from the Drawing.|
|Additional information||At this link, you may view additional information on data protection|
12. APPLICABLE LAW
The Drawing and these terms and their interpretation are subject to Spanish law. For all disputes and claims that may arise, the parties submit to the authority and jurisdiction of the courts of the city of Madrid.
Participants will be informed of the Drawing and the conditions of participation in the same through the KM OF TRUST APP, where these Terms will be made available to them.