Legal bases of the contest

LEGAL BASES FOR PARTICIPATION IN THE CONTEST "PHOTOGRAPHY CONTEST WITH OPEN HOUSE MÁLAGA AND @LOVELADRILLO".

1. PURPOSE OF THE PROMOTION

OPEN HOUSE MÁLAGA, with address at Avenida de la Industria, 13, 28108, Madrid and CIF G-05433412, organizer of the architecture festival OPEN HOUSE MÁLAGA, organizes the contest "CONCURSO DE FOTOGRAFÍA CON OPEN HOUSE MÁLAGA Y @LOVELADRILLO" which will be held from May 10 to 12, 2024 and which will be developed in accordance with the provisions of these rules.

2. PARTICIPATION

All those individuals of legal age who participate in the promotion during the contest period and according to the procedure established in these rules may participate in the sweepstakes through the social network INSTAGRAM. Participation in the contest is free of charge. OPEN HOUSE MÁLAGA reserves the right to request the personal accreditation of the awarded participants. In any case, the fact of their participation is assumed to be authorized by their parents or guardians in the case of minors. OPEN HOUSE MÁLAGA reserves the right to request from any underage participant the parental authorization duly signed by both parents or, if applicable, by their legal guardian.

3. PRIZE

The prize drawn will be: One (1) professional photography course taught by FERNANDO GÓMEZ MATEOS (@LOVELADRILLO). OPEN HOUSE MÁLAGA and @LOVELADRILLO reserve the right to substitute the prize for another of similar characteristics, without the winner being entitled to restitution or compensation of any kind. The acceptance of the prize by the winner expressly implies the signature of a letter accepting that the winning of this prize constitutes a capital gain for Personal Income Tax purposes. The winner accepts the payment of any expenses that may be generated with the Ministry of Finance.

4. CONDITIONS OF PARTICIPATION

This promotion will be communicated and offered through the official INSTAGRAM social network of OPEN HOUSE MÁLAGA before the start of the fourth edition of the festival. People will have to follow the instructions of the copy of the draw published on the official INSTAGRAM page of OPEN HOUSE MÁLAGA. Participation will only be accepted via INSTAGRAM. All those who do not comply with the established requirements will be excluded from participation. This promotion is not limited to one participation per person, you can participate as many times as you want as indicated in the instructions in the publication of the official INSTAGRAM of OPEN HOUSE MÁLAGA. The prize is personal and non-transferable. In no case will be accepted the exchange of the prize for its equivalent value in cash or for any other prize.

5. MECHANICS OF THE PROMOTION

The promotional campaign will run from May 10 to May 12, 2024, both included. To participate in the sweepstakes it will be necessary to have fulfilled the requirements of the copy:

ALERT SWEEPSTAKES Would you like to learn how to take photos from a professional like @loveladrillo? Then this SWEEPSTAKES is for you, so don't miss it!

Participating is very easy, you just have to:

Follow @openhousemalaga and @loveladrillo.

Upload a photo to your feed of any building, route or activity that is part of the fourth edition of the Open House Málaga festival (photos uploaded to stories will not be counted) with the hastag #mifotomálaga and mention @loveladrillo and @openhousemalaga.

(This raffle will end on May 12 at 23.59h, the winners will be published in stories and contacted by MD. All the legal bases at www.openhousemalaga.org).

This copy can be modified, without modifying the requirements to participate, which are: Follow the Instagram accounts mentioned in the copy, upload a photo of a building, route or activity of the fourth edition of Open House Málaga with the hastag #mifotomalaga and mention @loveladrillo and @openhousemalaga.

Participants authorize any verification of data transmitted during the participation and grant the use of the photographs with which they participate in the promotion for the purpose of disseminating the festival in all channels. Among all the participants in this contest, one (1) winner and one alternate will be chosen. The result of the draw will be published on OPEN HOUSE MÁLAGA's social networks and the winner will be notified by private message on INSTAGRAM, within thirty (30) working days after the draw has taken place. The winner must expressly accept the prize within five (5) calendar days following the email notification and prove his/her identity by means of a copy of his/her DNI/NIE/Passport. Once the acceptance and the copy of the winner's DNI/NIE/Passport have been received, the organizing company will inform the winner how to enjoy his/her prize. The waiver, the impossibility to make the delivery and the lack of acceptance within five (5) calendar days from the communication of the prize, will result in the loss of the right to enjoy the prize. In this case the prize will be communicated to the alternate, following the same guidelines. OPEN HOUSE MÁLAGA, reserves the right to make modifications or add successive annexes on its mechanics and prizes, as long as they are justified or do not harm the participants.

6. DRAW DATE

The winner will be chosen on May 13, 2024, among the participants duly registered by FERNANDO GÓMEZ MATEOS (@LOVELADRILLO). One (1) winner and one (1) alternate will be chosen. OPEN HOUSE MÁLAGA and FERNANDO GÓMEZ MATEOS (@LOVELADRILLO) reserve the right to delay the celebration of the draw if there is any cause that could justify it.

7. RESPONSIBILITY OF THE ORGANIZING COMPANY

The organizing company reserves the right to shorten, extend, modify or cancel this promotion, if there are exceptional circumstances that prevent its realization, communicating such circumstances in order to avoid any damage to the participants in the promotion. The company organizing the promotion will not be responsible for any delays, losses or deterioration due to causes not attributable to it. Nor will the organizing company be liable for cases of force majeure that may prevent the winner from enjoying all or part of the prize or, in short, when the winner cannot enjoy the prize for reasons not attributable to the organizing company. Likewise, the organizing company will be exempt from all liability in the event of any of the aforementioned cases, as well as from any liability for damages that may be caused during the enjoyment of the prize. The organizing company reserves the right to eliminate from the promotion for justified cause any user who defrauds, alters or disables the proper functioning and the normal and regulatory course of the promotion.

8. WINNER

The winner of the contest will be published on the social networks of OPEN HOUSE MÁLAGA, and the winner will be notified of his/her prize by direct message on INSTAGRAM, within thirty (30) working days after the sweepstakes is held. The winner must be of legal age and have participated in the sweepstakes. Their companions must also be of legal age. The winner must expressly accept the prize within five (5) calendar days following the notification by email and prove his/her identity by presenting his/her ID card, passport or any other valid official document, as well as provide any documentation required by the organization and that is reasonably necessary to prove compliance with these rules. Once the acceptance and the required documentation have been received from the winner, the organizing company will communicate to the winner how to enjoy his/her prize. The waiver, the impossibility to make the delivery and the lack of acceptance within five (5) calendar days from the communication of the prize, will result in the loss of the right to enjoy the prize. In this case, the prize will be communicated to the alternate, following the same guidelines. The prize is subject to the legal provisions in force, as well as to the withholdings established by the tax regulations in force on the date of delivery of the prize. In no case will the prize be delivered to those persons who lack the age of majority, as well as the legal capacity and/or capacity to act necessary for the ownership, use or enjoyment of the prize, unless they are accompanied by their legal guardian or have his or her permission.

9. PERSONAL DATA AND IMAGE PROTECTION

For the purposes provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter "RGPD"), it is established that the acceptance of the prize by the winner, implies the express and free granting of authorization to OPEN HOUSE MÁLAGA to use and broadcast his/her image, name and/or voice in any medium, support or format and through any existing system, procedure or modality of communication, in any publi-promotional activity related to the promotion in which he/she has been the winner. This cession is made for the whole world and without time limitation, and with express waiver of any subsequent claim, judicial or extrajudicial, to OPEN HOUSE MÁLAGA or any other natural or legal person assignee of the rights of the images, derived from the capture, recording, assembly, broadcasting or exploitation of the same, without prejudice to the right to withdraw the consent given for future treatments. This assignment does not generate any right of remuneration or obtaining any benefit other than the delivery of the prize. The refusal implies the automatic waiver of the promotion. The data provided by the participants will be treated confidentially and compiled in an automated file of personal data, being OPEN HOUSE MÁLAGA, located in Avenida de la Industria, 13, 28108, Madrid and CIF G-05433412, owner and responsible for the file, whose purpose will be the management of their participation in the contest, guarantees full compliance with the applicable regulations, especially with regard to the attention of the exercise of the rights of information, access, rectification, opposition and suppression of personal data of the contestants. Interested parties may exercise their rights of access, rectification, opposition and suppression by sending a request to the e-mail address hola@openhousemalaga.org with reference to an identification document to verify their identity.

10. PAYMENT OF TAXES

All prizes are subject to withholding or payment on account under the provisions of Law 35/2006, of November 28th, regulating Personal Income Tax (IRPF), as well as in the IRPF Regulations, approved by Royal Decree 439/2007, of March 30th. To these effects, OPEN HOUSE MÁLAGA, as the payer that satisfies the income subject to withholding or payment on account, is the subject obligated to make the payment of the withholding or payment on account derived from the delivery of said prizes. On the other hand, in accordance with the provisions of article 33.1 of the aforementioned Law 35/2006, the obtaining of a prize of this type constitutes for its beneficiary a capital gain for Personal Income Tax purposes, as it gives rise to a variation in the value of its assets as evidenced by an alteration in its composition.

11. ACCEPTANCE OF THE TERMS AND CONDITIONS

The mere fact of participating in this promotion implies the acceptance of these rules without reservation. For any questions regarding these terms and conditions, please contact hola@openhousemalaga.org.

12. LEGISLATION AND COMPETENCE

The present rules are governed by Spanish law and both the participants and OPEN HOUSE MÁLAGA, expressly waiving any other jurisdiction that may correspond to them, expressly submit, for the knowledge of any dispute that may arise regarding the interpretation or application of these Rules, to the jurisdiction and competence of the Courts and Tribunals of Madrid.

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