LEGAL BASES FOR THE PARTICIPATION IN THE DRAWS
1.- ORGANIZING COMPANY OF THE PROMOTION
The company RAKUTEN, Inc. (hereinafter, "RAKUTEN") with address at Rakuten Crimson House, 1-14-1 Tamagawa, Setagaya-ku, Tokyo 158-0094 with tax ID number 9010701020592, organizes draws (hereinafter, also called, "the Promotions"), through the Internet, on the rakutenadvent.fcbarcelona.com for participants residing in different countries in accordance with the provisions of Section 3 "Requirements for Participation and Mechanics of Promotions.”
The aim of the website is to facilitate the participation of users in Promotions.
In order to participate in the Promotions, which will be held periodically on the website and specify in point 2, users must register by filling out a participation form on the designated website, allowing them to participate in the Promotions free of charge.
Promotions will be managed by the website organizer.
2.- START DATE AND END DATE
The promotion will start on 1st of December 2019 and finish 24th of December 2019.
Promotions will start daily at 00:00 hours (local time in each of the countries) through the website, and will end at the end of the same day, at 23:59 hours (local time in each of the countries). During this period, any promotions that the website organiser deems appropriate may be carried out.
Notwithstanding the above, Rakuten reserves the right to modify the schedules of the Promotions at its convenience.
3.- REQUIREMENTS FOR PARTICIPATION AND MECHANICS OF PROMOTIONS
The requirements for participation will be as follows:
- Participation is open to those who access the website rakutenadvent.fcbarcelona.com and are of legal age of maturity in their country of residence.
- Participants must register through the website by filling out a registration form to access the draw, including your name, last name, date of birth, email and country of residence.
Participants will have to accept this legal terms on the website to participate.
- Participants can only register once for each Promotion.
Participants who do not comply the requirements will be deleted automatically from the Promotion. Any profile found to be false or committing fraudulent acts will also be removed from the Promotion.
4.- PROMOTION CONDITIONS AND PRIZES
The winner of each draw will be chosen randomly. Rakuten will contact the winner via email. In the same e-mail, the winner will be asked for the postal address to send the prize of the particular draw.
The winner shall have a maximum period of five working days to reply to the email informing the participant that he/she has been selected as the winner of the draw.
In the event that the winner of the sweepstakes cannot be contacted within 5 working days after notification of the prize to the participant, the participant shall be deemed to have irrevocably waived the prize awarded. In this case, Rakuten reserves the possibility to declare the draw deserted.
The prize of each draw can be viewed through the following link and the winner may redeem the prize through rakutenadvent.fcbarcelona.com. The cost of sending the prize will be assumed by the organizer of the Promotion.
Additionally, the participant who is awarded in this Promotion may not use and/or accumulate the prize obtained with other Promotions or Rakuten discounts offered to other users.
The prize may not be exchanged for cash or any other prize, neither may it be subject to change or alteration.
The celebration of the draw and the awarding of the prize are subject to applicable tax regulations. The winner will be responsible for any tax charges that the acceptance of the prize may imply, as well as any other expenses derived from the Promotion that are not expressly assumed by Rakuten in these Legal Bases.
Everything related to the prize will be the exclusive competence of RAKUTEN in its capacity as organizer of the Promotion, which assumes all responsibility derived from the breach or defective fulfillment of the content and / or delivery of the prize, as well as the complaints or claims that could be produced by part of the winners and / or participants in the promotions, exonerating FC BARCELONA from any responsibility in this regard.
5.- LIMITATIONS
The following people may not participate in the Promotion:(i) natural persons who directly or indirectly are employed by Rakuten.
Any participation in the draws that do not comply with the requirements established in these Legal Bases will be considered null and void. Rakuten reserves the right to exclude from the Promotion those Participants that it suspects or detects that they have participated in any fraudulent way.
If it is evidenced that the winners do not comply with the requirements demanded in the Legal Bases, or do not accredit what is requested of them, their participation will be considered null and they will be automatically excluded from the Promotion losing all right on the prize granted by this Promotion.
The prize awarded will not be subject to change, alteration or compensation at the request of the winners, and may not be exchanged for any other product or for money. Rakuten reserves the right to make any change, suspend or extend this Promotion at its sole discretion.
A period of fifteen (15) working days from the date of the awarding of the prize for a draw is established in order to carry out any claim in relation to such draw.
It is hereby stated that participants do not have to pay, as a consequence of the proposed draw, any additional amount to Rakuten.
Likewise, Rakuten reserves the right, in case of obligatory necessity, to replace the prizes at its sole discretion.
6.- DISCLAIMER OF LIABILITY
Including and without limitation, Rakuten is not responsible for the following circumstances:
The use made by the winner with respect to the prize object of this Promotion.
Issues related to access or access, or damages of any kind that may result from the temporary lack of availability or continuity of the operation of telecommunications networks.
Non-delivery of the prize due to local laws, logistical issues or any other reason.
The possible losses, thefts, delays or any other circumstance attributable to third parties that may affect the development or execution of this Promotion.
We do not assume responsibility in cases of force majeure or fortuitous events that could prevent the realization of the Promotion or the total or partial enjoyment of the prize. In case this Promotion could not be carried out, either due to frauds detected in it, technical errors, or any other reason that is not under the control of Rakuten and that affects the regular development and/or execution of the Promotion, Rakuten reserves the right to cancel, modify, or suspend it.
7.- PROTECTION OF PERSONAL DATA
Rakuten takes the protection of your privacy and personal data very seriously. Therefore, your personal information is kept securely and treated with the utmost care.
In accordance with the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter 'RGPD') and the Organic Law 3/2018 of 5 December, Protection of Personal Data and guarantee of digital rights (hereinafter, "LOPDGDD"), each participant with the acceptance of these Legal Bases consents that the personal data provided for participation in this Promotion are incorporated into a database owned by Rakuten to process the participation of the participant and to communicate the prize in the event that he wins.
Rakuten maintains adequate security in accordance with the RGPD and the LOPDGDD, and has established all technical means at its disposal to prevent the loss, misuse, alteration, unauthorized access and theft of data that participants provide through the Promotion, without prejudice to informing them that security measures on the Internet are not impregnable. Rakuten undertakes to comply with the duty of secrecy and confidentiality with respect to personal data contained in the automated file in accordance with applicable law, as well as to give them a safe treatment of data transfer, in such cases.
The participant guarantees that the personal data provided are true and is responsible for communicating to Rakuten any changes to them. The participant will respond, in any case, the veracity of the data provided, Rakuten reserves the right to exclude from the Promotion to any participant who has provided false or fake data, in addition to exercising other legal actions. It is recommended to have the utmost diligence in data protection through the use of security tools, not being able to hold Rakuten responsible for theft, modification or loss of illegal data.
For more information, you can consult Rakuten's Privacy Policy through the following link: https://www.rakuten.es/t%C3%A9rminos/politica-de-privacidad
8.- CHANGES AND ACCEPTANCE
We reserve the right to modify or extend these Legal Bases, as long as it does not prejudice or undermine the rights of the Participants in the Promotion.
The fact of participating in the draw implies that the participant fully accepts the conditions of these Legal Bases. Participation in the Promotion implies full acceptance of these Legal Conditions by the participants who register for this Promotion, which will be available to any user who wishes to consult them.
9.- COMMUNICATIONS OF THE PROMOTIONS
The communications of the Promotions will be described in the communication assets of RAKUTEN and FC BARCELONA, such as the official website of both entities, where these legal bases may also be consulted, in order to inform all those persons who are interested, the mechanism of participation and operation of the Promotions.
10.- APPLICABLE LAW AND JURISDICTION
These Legal Bases shall be governed in accordance with Spanish law. The Courts and Tribunals of the city of Barcelona will be competent to resolve any claim or controversy that may arise in relation to the validity, interpretation or fulfilment of these Legal Bases.
