LEGAL TERMS AND CONDITIONS OF THE COMPETITION ‘SERGIO RAMOS 60M’

Sergio Ramos 60M
  1. Organiser / Promoter of the Competition 

SERMOS 32 SL (henceforth, the ‘Organiser’) is organising the competition named ‘SERGIO RAMOS 60M’ (henceforth, the ‘Competition’).

  1. Purpose of the Competition

The purpose of this Competition is to promote interaction and participation with the followers of the professional footballer Sergio Ramos García (henceforth, ‘Sergio Ramos’) on the social media site Instagram.

  1. Validity period

The validity period of the Competition is from 16 to 27 of August 2023, both inclusive. 

The name of the winner shall be announced within 15 days after the end of the Competition.

  1. Communication of the Competition

The dynamics and start date of the Competition will be communicated via the official profile of Sergio Ramos on the social media Instagram, along with direct access to these Legal Terms and Conditions, which will be published on Sergio Ramos’ official Facebook page andr on his official website www.sergioramos.com. The Competition may also be communicated through other official channels and/or profiles of Sergio Ramos, although publication on these media is not a condition for its validity.

The name of the winners will be communicated by sending a direct message to each of them through the social media Instagram and it shall be announced by a permanent or temporary post, on the official profile of Sergio Ramos on the same social media, without prejudice to any other possible announcement on any other of his official profiles and/or channels.

  1. Prize

The Competition will have twenty (20) winners, chosen in accordance with the mechanics and conditions set out in these Terms and Conditions.

The prize will be one pair of Mizuno football boots (hereinafter, the ‘Prize’) per winner. The value of the Prize for each winner is less than three hundred euros (€ 300.00). 

The winners shall have no right to request a substitute Prize, nor the cash equivalent, nor any other gift, either in cash or in kind. Likewise, the prize is personal and non-transferable, so that the actual enjoyment of the Prize can only be met by the winner at the time of confirming acceptance of the Prize. Failure to comply with this condition will result in the loss of the right to enjoy the Prize.

  1. Rules of Participation

Participation in this Competition is completely free and shall not be subject to any condition beyond those stipulated in these Terms and Conditions. The Organiser has the right, at its full discretion, to (i) modify the winners, (ii) not assign a prize and/or (iii) leave the prize null and void in the event of any breach of these Legal Terms and Conditions.

All Instagram users of legal age pursuant to Spanish law who are followers of the official profile of Sergio Ramos, in accordance with the dynamics of this social media site, may participate in this contest, with no geographical limitation established. 

The legal age requirement is established for the owner of the profile that makes the post, without prejudice to the fact that the post can depict a minor. For the purposes of participation in this Competition, should this circumstance arise, the owner of the profile must have the legitimisation or authorisation that may be established by the Spanish law in force, where the Organiser cannot ever be held liable if this is not the case.

The Organiser shall not be held liable for the participation of minors in the Competition and, if this does occur and the person is selected as the winner, the Organiser reserves the right to change the winner or not award the Prize. 

Participants’ official Instagram profile must be open and accessible for contact by direct message (‘direct’). 

Posts made by robot profiles and/or those of an offensive or vulgar nature or that are contrary to standards of decency or those that denigrate or insult any individual or community shall not be considered.

There is no limit to the number of posts or comments that each participant can make, although the Organiser reserves the right to exclude those users whose repetition in tone, content or frequency may be understood as hindering the normal functioning of the Competition.

To participate in the Competition, participants must meet all the conditions contained in this clause.

  1. Mechanics of the Competition

Participants must follow Sergio Ramos’ official Instagram account and post any audiovisual, graphic, or textual items illustrating or commenting on their favourite moment of Sergio Ramos’ career or life, including the Hashtag #SR60.

At the end of the Competition validity period, Sergio Ramos himself will choose the winners from among all the posts shared by the participants that comply with the rules of participation, assessing their originality. This decision will be final and no claims will be admitted

The winners will be contacted via direct message (‘direct’) on their Instagram profiles, instructing them on the steps to follow. They must all send an email to the address [email protected] within a period of 24 hours after the aforesaid notification, confirming acceptance of the Prize and indicating at least the following details: name, surname(s), ID number, date of birth, postal address for sending the prize and email address.

In the event that, once the above period has elapsed, one or more of the winners have not sent the requested email or have waived the Prize, the Organiser of the Competition reserves the right to leave the Prize null and void or proceed to selecting a new winner or winners, with the previous winners losing their right to claim the Prize.

  1. Powers of the Organiser

The Organiser reserves the right to disqualify participations it may consider to be fraudulent and/or those considered to be in bad taste, along with those that do not meet the conditions established in these Terms and Conditions, without taking on any type of liability. Therefore, participants are responsible for choosing the appropriate name so that their participation is not compromised and/or rejected. The participant accepts that, as a result, the Organiser shall in no way be held liable, and that the exercise of said criteria shall not result in any obligation for payment or compensation of any type for any participant.

The Organiser also reserves the right to suspend, extend or cancel this Competition should technical issues arise, causing an inability to guarantee its correct operation or any other organisational reason or event of force majeure, and to modify the Terms and Conditions of the Competition and/or the Prize, or any other circumstance related to them at its own discretion.

The possible nullity or non-applicability of any of the clauses and/or points in these Terms and Conditions shall only affect that specific clause and/or point, with all remaining clauses and/or points remaining valid, and substituting null clauses or non-applicable clauses for others.

All rights relating to the Competition are the unique and exclusive property of the Organiser. It is prohibited to reproduce information or data of any kind in any format or to use them in any way without the prior consent of the Organiser. The Organiser reserves the right to deny permission at its own discretion.

  1. Privacy and Data Protection Policy

By participating in the Competition, the participants accept that their posts, messages, contents and comments published on Instagram shall be shared with other users. Participation in the Competition also implies acceptance of the rules of Instagram.

In accordance with Regulation (EU) 2016/79 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (European Data Protection Regulation, GDPR); Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter, the ‘LOPD’), other applicable legislation in the same field; and Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (hereinafter, ‘Law 34/2002’), participants accept that the personal data provided at any time due to participation in the Competition shall be included in one (1) data file owned by SERMOS 32, SL, and they may exercise their rights to access, rectification, erasure and objection by addressing a written communication, within a period of thirty (30) days, to SERMOS 32, S.L. calle Alcalá, 73, 7ºA, 28009 Madrid or by sending an email to: [email protected]. 

The personal data included in the aforesaid file will correspond exclusively to those necessary to manage participation in the Competition and duly identify the winners. 

The communication of the personal data referred to in the previous paragraph is an essential requirement for any participant to acquire the condition of winner, in accordance with the provisions of these Legal Terms and Conditions. In any case, the participant must provide truthful information regarding their personal data and keep these data duly updated, and must communicate any change in their data via any of the aforesaid channels.

However, participants may revoke the consent given at any time for adding their personal data to the file indicated above, by sending a notification by post to the above address and / or by email. The participant also has the right to submit a claim, matter of interest or question to the competent administration in Spain, the Spanish Data Protection Agency (www.aepd.es).

The legitimate basis for the processing of personal data is the consent given by the participants, which refers to the unequivocal nature stipulated by the GDPR and the LOPD based on their decision to participate in the Competition after being directed to the web page containing the present Terms and Conditions. Under no circumstances will the Organiser proceed to transfer the data to other countries, undertaking to comply with all the provisions established by current legislation and, especially, the LOPD.

The personal data will be handled confidentially and will be kept for a period of two (2) years, understood as reasonable to manage any vicissitudes related to the organisation of the Competition, the effective enjoyment of the Prize and the resolution of any dispute or issue that may arise.

The participants are also forbidden from including or communicating contents that are false or inaccurate or that may mislead other users or the Organiser, in particular contents that are protected by any industrial or intellectual property rights or are the property of third-party individuals where these persons have not provided their express consent, those that lessen the reputation or name of the Organiser, or are considered to constitute illicit, deceptive or disloyal advertising or that contain a virus or other IT elements that may hinder the normal functioning of the Competition.

  1. Assignment of rights

Participants consent to the publication of their nickname or username on the social media Instagram, and occasionally their name, surname(s) and photograph or other contents which may affect their right to the own image which could be registered by prior mutual agreement, as winners of the Competition or in another condition related to same, for all cited official communication channels without same generating any rights in favour of the participant to receive any remuneration whatsoever.

Similarly, they agree to the publication of material they possibly send for participating in the Competition, assigning all rights to same to the Organiser. This assignment includes rights to reproduction, public communication, distribution, making available interactively, editing, dubbing, and subtitling in order to reproduce on any media or format, throughout the world and for the duration of the intellectual property rights of the material in which they are used, without that creating any rights in favour of the participant to receive any remuneration whatsoever. 

  1. Declaration of the Organiser

The Organiser of the Competition, regulated by these Terms and Conditions, declares that it is aware of and meets the ‘Promotion Guidelines’, published by the administrators of said social media Instagram, and that information provided by the participants is exclusively managed by the same Organiser, for which Instagram has no participation or responsibility, as it in no way organises, promotes or manages the Competition and is not associated in any way with the Organiser. The acceptance of these Terms and Conditions implies all participants fully exonerating Instagram from any liability.

  1. Acceptance of the Terms and Conditions

By participating in the Competition, the participants confirm full acceptance of these Terms and Conditions and accept the result. 

By participating in the Competition, the participant recognises that neither the Organiser, nor Sergio Ramos, nor his managers, representatives, employees, sponsors, volunteers, any other entity or person acting on his behalf (to the extent admissible by law), nor the platforms where the Competition is published (social media) can accept any liability for any prejudice, damage, loss, injury or disappointment incurred by participants in their participation in the Competition or as a result of the acceptance of any Prize. The participant recognises and admits that the Organiser, unless explicitly agreed otherwise, shall not remain nor is in any way subject to confirmations, allegations, guarantees, either express or implicit, de facto or legal, relating to the quality, condition, suitability or marketability of any aspect of the Prize. By participating in the Competition, the participant, to the fullest extent allowable by law, assigns each and every one of their rights and claims with regard to making a legal claim or lawsuit against the Organiser, and exonerates the latter from all liability with respect to any injury, loss or damage of any kind which the participant or winner of the Prize or any other person or property may suffer which (directly or indirectly) results from or is related to, in any way, the participant’s participation in the Competition; the winner’s participation in an event relating to the Competition and the result of the Prize; any incident occurring during the event related to the Prize, or which has any connection to it; and loss or damage, whether due to negligence or any other reason. Regarding the waiver and exoneration detailed above, the term ‘Organiser’ includes the Organiser itself, Sergio Ramos, his managers, representatives, employees, volunteers, sponsors, and any other entity acting in his name.

Further, the Organiser shall not be held liable for the technical problems or failures of social media, online information systems, servers, providers, IT equipment, software failures of any email or entry received due to technical problems or internet traffic congestion, telephone lines or any other website or combination of the above, including but not limited to damage or prejudice to the computer or mobile device of a participant or of any other person, related to participation in the Competition. By participating in the Competition, the participant agrees to refrain from claiming for any such losses, damages or prejudices against Sergio Ramos, the Organiser, manager, representative, employees, sponsors, volunteers, or any other entity or person acting on his behalf and/or the platform where the Competition is published (social media).

  1. Applicable legislation and jurisdiction

The Competition is governed by current Spanish legislation.

Both the participants and the Organiser accept that any dispute arising regarding the application or interpretation of this Competition shall be submitted to the jurisdiction and competencies of the Courts and Tribunals of the City of Madrid.

Madrid, 16 August 2023

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Privacy Policy

		        
                

        
        

DATA CONTROLLER





The data controller is SERMOS 32, S.L., with Tax Identification Code B84211176 and registered office at calle de Alcalá, 73, piso 7, puerta A, postal code 28009, Madrid. It is registered with the Business Registry of Madrid in volume 20,881, book 0, Folio 52, Section 8, Sheet M-370175, entry 1.





The contact details of the data controller are:





Post address: Calle Alcalá, 73, 7ºA, 28009. Madrid





Email: [email protected] 





WHAT KIND OF PERSONAL DATA DO WE PROCESS?





Depending on the services or functionalities of this website that you are using, or the reason for contacting us, we may request and process different types of personal data from you. In any case, we will only record and process the data that are essential for each purpose, and always within the following categories:





Identifying data: such as your name, surname, contact details..





IP address and other possible data associated with your session, browsing, device or similar.





PURPOSES OF THE PROCESSING





The purposes of the data processing carried out by SERMOS 32, S.L. shall be:





  • To record accesses and browsing sessions on the website in order to optimise its operation and improve the user experience, as specified in the Cookies Policy.





This purpose will include, among other activities, analysing the usability of the website and certain aspects of user browsing, pre-configuring functionalities or characteristics of the site to adapt them to the data recorded, carrying out statistical and metric analyses, and other similar activities that will always comply with the provisions of this Privacy Policy, as well as the Cookies Policy:





  • To manage contact requests and commercial and other proposals received through the website.





This purpose will include, among other activities, receiving, analysing and responding to requests, as well as managing the tasks that may arise from them.





  • To manage the awarding of prizes corresponding to draws, competitions and other participatory events organised by Sergio Ramos on his official channels.





This purpose will include contact with the winner or winners and the management of the delivery or effective enjoyment by them of the prize in question, as well as the management of incidents and other issues that may arise.





  • To communicate the relevant data requested, where appropriate, by the competent authorities in accordance with the law.





In this case, SERMOS 32, S.L. will only verify the existence of the legal duty that gives rise to the request.





LEGITIMISATION OF PROCESSING





SERMOS 32, S.L. considers it relevant to inform users that we are obliged to justify why we process their personal data and our legitimisation to do so. According to the same scheme as above, for clarity and transparency:





  • To record accesses and browsing sessions on the website in order to optimise its operation and improve the user experience, as specified in the Cookies Policy.





In this case, we understand that, as the data controller, we have a legitimate interest in carrying out the processing, to optimise and adapt our web channel, and to configure certain aspects of the browsing and/or user experience of our current and potential customers. As is mandatory in relation to this basis of legitimisation provided for in article 6.1.f) of the GDPR, we have carried out the corresponding weighing judgement, and we understand that, as owners of the website, we have the right to analyse data relating to the traffic and operation of the website, and, at the same time, we consider that this analysis is of benefit to the user, by providing them with a better browsing and experience.





  • To manage contact requests and commercial and other proposals received through the website.





For this second purpose, we understand that we have a legitimate interest in processing your data to resolve these issues. In addition, and proceeding on the balancing test that we are obliged to perform when invoking this basis of standing, we believe that your rights and user experience are better protected. The GDPR provides for this basis of legitimacy in Article 6(1)(f).





  • To manage the awarding of prizes corresponding to draws, competitions and other participatory events organised by Sergio Ramos on his official channels.





For this purpose, the legitimacy to process your data derives from your own consent, which you have given us by providing us with the data for this purpose and by accepting the legal bases of the action in which the relevant privacy issues are specified. This basis of legitimacy is provided for in Article 6(1)(a) of the GDPR.





  • To communicate the relevant data requested, where appropriate, by the competent authorities in accordance with the law.





In this case, standing is clear and derives from the duty to comply with a legal obligation. This basis of legitimacy is provided for in Article 6(1)(c) of the GDPR.





RECIPIENTS OF THE DATA





SERMOS 32, S.L. will not share the personal data of users, except with those third parties who must intervene in any of the essential processes to provide the requested service or to keep the website operational and in good condition. For example, it may transfer data to web providers for server or security purposes. In this case, the data controller assumes the obligation to require these third parties to implement the same security measures applied by SERMOS 32, S.L., or other similar measures adapted to the same level of data security.





SERMOS 32, S.L. may also transfer data to third parties in order to comply with a legal obligation, if required to do so by a legitimate and competent authority.





STORAGE OF DATA





Once again, and for greater clarity and transparency, SERMOS 32, S.L. provides users with the information corresponding to the data retention periods following the same scheme as above, based on the purposes of the processing:





  • To record accesses and browsing sessions on the website in order to optimise its operation and improve the user experience, as specified in the Cookies Policy.





SERMOS 32, S.L. will only keep the data for as long as the corresponding measurement or website configuration actions are in progress.





  • To manage contact requests and commercial and other proposals received through the website.





SERMOS 32, S.L. will keep the data for as long as the contacts or actions in progress remain in progress, and until the civil, contractual or similar actions contemplated by law, arising from the possible relationship or contact established, expire.





  • To manage the awarding of prizes corresponding to draws, competitions and other participatory events organised by Sergio Ramos on his official channels.





SERMOS 32, S.L. will keep the data until the interested party revokes the consent given or, in any case, until the expiry of the statute of limitations for civil, contractual or similar actions contemplated by law, arising from the prize draw, competition or dynamic.





  • To communicate the relevant data requested, where appropriate, by the competent authorities in accordance with the law.





SERMOS 32, S.L. will keep the data until the civil, contractual or similar actions contemplated by law, which could give rise to the legal requirement or obligation that legitimises the communication or transfer, expire.





RIGHTS OF THE HOLDERS





The holders of the data processed may exercise their rights of access, rectification, oblivion or deletion, cancellation, portability, limitation of processing and other rights recognised by current legislation by sending an e-mail to the following address [email protected]





In any case, the data subjects may contact the competent authority in Spain, the Spanish Data Protection Agency, for any queries or procedures www.aepd.es





AMENDMENTS TO THIS PRIVACY POLICY





SERMOS 32, S.L. has defined this Privacy Policy in an exhaustive manner, but it may need to be modified in the future, due to a change in the applicable legislation or in the recommendations and rulings of the Spanish Data Protection Agency (AEPD), due to the introduction of new functionalities or services on the website, or for any other reason.





In that case, we will notify you in a visible, clear and specific manner on the website and, if the change particularly affects your privacy or the way we process your personal data, we will send you an email or contact you through another available channel, requesting your consent, if necessary.





In any case, SERMOS 32, S.L. advises users to review this Privacy Policy, as well as the Legal Notice and the Cookies Policy of the website, from time to time.





This version of the Privacy Policy has been drawn up in Madrid, Spain, on the 9th of November 2021.

        

                
        
Privacy Policy

		        
                

        
        

SERMOS 32, S.L. provides all relevant information on the processing of personal data carried out in this Privacy Policy, which has been designed based on the provisions of the EU Regulation 2016/679 (GDPR), the provisions of the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD or LOPD) and other applicable national legislation in force, and with the recommendations and opinions of the competent administrative authority, the Spanish Data Protection Agency (AEPD). 





DATA CONTROLLER





SERMOS 32, S.L.





Tax ID Code: B-84211176





Address: C Alcalá, 73, 7ºA. 28009. Madrid.





Email: [email protected]





PURPOSES OF THE PROCESSING





  • To record accesses and browsing sessions on the website in order to optimise its operation and improve the user experience, as specified in the Cookies Policy.
  • To manage contact requests and commercial proposals of all kinds received by the website.
  • To manage the awarding of prizes corresponding to draws, competitions and other participatory events organised by Sergio Ramos on his official channels.
  • To communicate the relevant data requested, where appropriate, by the competent authorities in accordance with the law.





LEGITIMISATION OF PROCESSING





In some cases, the processing will be legitimised by the consent given by the data subject. In others, it will be based on the satisfaction of a legitimate interest of the data controller. Finally, the data controller may also process data in order to comply with a legal obligation.





RECIPIENTS OF THE DATA





The data controller will not transfer personal data to third parties, except in the case of suppliers necessary for the fulfilment of the above-mentioned purposes (e.g. web providers). International transfers of data are also not foreseen.





STORAGE OF DATA





The data controller shall keep the data for as long as the legitimate reason for their collection, recording and processing remains in force, provided that the corresponding civil, commercial and any other legal actions have not expired.





RIGHTS OF THE HOLDERS





The holders of the data processed may exercise their rights of access, rectification, oblivion or deletion, cancellation, portability, limitation of processing and other rights recognised by current legislation by sending an e-mail to the following address [email protected]In any case, the data subjects may contact the competent authority in Spain, the Spanish Data Protection Agency, for any queries or procedures www.aepd.es





More info

        

                
        
Cookies Policy

		        
                

        
        

SERMOS 32, S.L., as owner of the website www.sergioramos.com assumes the legal obligations and responsibility established by Law 34/2002, of 11 July, on Information Society Services and eCommerce (LSSI-CO), as well as Regulation 2016/679, of 27 April, European Data Protection Regulation (GDPR). For this reason, it provides the user with information on the use of cookies or data storage and retrieval files on the user’s device.





What are cookies?





Cookies are text files or tools that a website can install on the user’s device, and which can have different purposes, such as recording data on browsing the website itself, or remembering preferences to optimise future visits or to offer more appropriate content, among others.





What types of cookies are there?





Cookies can be classified according to different criteria. Thus, depending on the entity that manages them, they may be our own, understood as those that are sent and managed directly by SERMOS 32, S.L., or those of third parties, i.e. those that are sent to the user from a domain external to the controller.





They can also be classified according to their purpose, and in this case these are known as technical cookies, which apply to those websites that have a restricted area for registered users, which is usually accessed through a username and password, and which allow these registered users to navigate in this restricted area and use the specific functionalities of the same. Personalisation cookies allow the user to access the functionalities of the website through characteristics and criteria established by the user, such as language or type of browser; analysis or measurement cookies, which allow traffic to be measured and a statistical analysis to be made of how users use the website. Behavioural advertising cookies are those that store information on user behaviour obtained through continuous observation of their browsing habits, allowing a specific profile to be developed in order to display advertising based on the same. 





Which cookies do we use?






	
		

            Name
            First-party or third-party
            Description
            Purpose
            Duration
        

	
	
    
        

            cookielawinfo-checkbox-non-necessary
            First-party
            Used to accept cookies.
            Necessary.
            1 year.
        

        

            cookielawinfo-checkbox-necessary
            First-party
            Used to accept cookies.
            Necessary.
            1 year.
        

        

            viewed_cookie_policy
            First-party
            Used to display the acceptance of cookies.
            Necessary.
            1 year.
        
		
        

            CookieLawInfoConsent
            First-party
            Records the status of the default button of the corresponding category and the Cookie Law status.
            Necessary.
            1 year.
        

		
        

            _ga
            First-party
            Visitor sessions.
            Analytics.
            2 years.
        

        

            _gid
            First-party
            Visitor sessions.
            Analytics.
            1 day.
        

        

            _gat_gtag_UA_[ID]
            First-party
            Visitor sessions.
            Analytics.
            1 minute.
        

       
    






Acceptance or rejection of installation of cookies





SERMOS 32, S.L. displays information on its Cookies Policy on a cookies banner accessible on all pages of the website www.sergioramos.com. The cookies banner shows essential information on the data and allows the user to complete the following actions: 





  • To accept or reject the installation of cookies, or remove the consent previously granted. 
  • To change cookies preferences.
  • To obtain additional information in the Cookies Policy from the Cookies Policy page. 





Deleting cookies





Users can accept, block or delete the cookies installed on their equipment by configuring their browser options, but they should bear in mind that some of the pages or functionalities of the website may not work correctly or may do so with poor quality. At the following links you can find instructions on how to activate or disable cookies the most popular browsers:









Processing of Personal Data





SERMOS 32, S.L. is responsible for the processing of personal data carried out, as stipulated in the Privacy Policy of this website.





Updates and Changes to the Cookies Policy





This Cookies Policy has been drafted on the 9th of November 2021. The holder may change this cookies policy according to new legal or regulatory requirements or for the eventual purpose of adapting said policies to the instructions given by the Spanish Personal Data Protection Agency if new features or contents subject to said regulations may be added.





When significant changes are made in this cookies policy, the user will be informed by means of a warning on the site. For further information about the use of cookies on this website, users can send an email to [email protected]