BASES JURÍDICAS

1. Object and Scope

The Animals Observatory Company, S.L., domiciled for these purposes at Parc Científic i Tecnològic UDG Planta -1 Bloc C (C1/P-a), C/ Emili Grahit, 91, 17003 Girona, Spain and with Tax Identification Number B55217558, hereinafter "The Animals Observatory'' organizes the following promotional campaign, which consists of the sweepstake entitled "SS25 gift" ("Sweepstake") among the users who register through the form on the Instagram profile of The Animals Observatory on the dates indicated in clause 2 ("Participants") who meet the requirements indicated in these legal bases (the "Legal Bases").

2. Territorial scope and duration

The Sweepstake will only apply to subscriptions made through an Instagram form, Participants may only participate once. Participants who enter more than once will be disqualified.

The start date of the Sweepstake will be on January 2 2025 at (00:00am) and will end on January 8 2025 at (23:59pm), according to the time zone of Madrid (GMT+1). Participants may only participate during that period. 

The Animals Observatory reserves the right to postpone or extend the period of the Sweepstake in case of force majeure, as well as the right to interpret these Legal Bases.

3. Rules and conditions for participation

Individuals over 18 years of age with residence in Spain and who have accepted these Legal Bases and the privacy policy which may be consulted here may participate in the Sweepstake.

Those persons linked to The Animals Observatory who have an employment or commercial relationship with said company may not participate in the Sweepstake, nor may they be winners ("Winners") of the prize ("Prize"). Neither may relatives up to the first degree of consanguinity or affinity of such employees or fraudulent profiles participate. Participation through agents or third parties, or the use of multiple identities, is also not permitted. 

To participate, Participants must fill out the form available on Instagram Paid Campaign.

The Animals Observatory reserves the right to make changes to the Sweepstake during its development, if there is any cause that prevents it from being carried out or in order to improve its progress.

4. Value and nature of the prize offered

The Prize will consist of 5 gift card of 200€ each. The Prize will be subject to the following conditions: 

  1. The Prize may not be exchanged, transferred, altered or compensated at the Winner's request.
  2. The Winner may renounce the prize obtained, but in no case will an alternative Prize be offered, nor will such renunciation give any right to indemnity or compensation.
  3. The Animals Observatory reserves the right to exchange the Prize for another of similar value when it deems it convenient or for reasons of force majeure that prevent the delivery of the prize in the terms set forth in these Legal Bases.
  4. The Animals Observatory is not responsible for possible losses, deterioration, theft or any other circumstance attributable to the courier services that may affect the delivery of the Prizes.

5. Selection of the Winner and modality of the Sweepstake

The selection of the Winner and the alternates will take place on App Sorteos and will be announced through email when the entries are closed. 

There will be 5 Winners and ten alternates. 

There will be 5 Winners, chosen randomly through the platform (App Sorteos). The Winner will be contacted via email. If within 3 days a Winner has not responded, the Prize will pass to an alternate, who will also have 3 days to respond. Once the Prize is offered to the alternate, the previous Winner will lose the right to claim the Prize. 

The Animals Observatory is exempt from any responsibility, in case of any error in the data provided by the Winners / alternates, which prevents their identification.

The Animals Observatory reserves the right to declare the Prizes void in the event that the Winner or the designated alternates do not meet the requirements mentioned in these Legal Bases, as well as in the event that the Winner and/or alternates cannot be located within the established period.

6. Reservations and limitations

The Animals Observatory reserves the right to request more information and deny the Prize, without prior notice to the Participants, to those who do not comply with any of the requirements demanded in the present Legal Bases or those of whom there is suspicion of fraud, which will be duly communicated to The Animals Observatory.

The Animals Observatory intends that the participation in the Sweepstakes of the Participants is done with equal opportunities and with strict respect for the rules of good faith. Therefore, any abusive or fraudulent conduct may result in the disqualification of the Participant in question and the loss of any Prize that may have been obtained.

By way of example, but not limitation, The Animals Observatory reserves the right to exclude any Participant:

  1. In the event that The Animals Observatory or any entity that is professionally linked to this Sweepstake detects any anomaly or has suspicions that any Participant is making the normal development of it impossible, harming the purposes of the Sweepstake or carrying out any fraudulent acts that attempt against its development, The Animals Observatory reserves the right to prevent its participation, all without prejudice to any legal action that it deems appropriate to take.
  2. In the event that false, inaccurate or erroneous information is provided.
  3. In the event of a Participant not being actually a Spanish resident. 
  4. And, in the event that the Participants transgress good faith through inappropriate, fraudulent, abusive, illicit conduct and/or use disproportionate, fraudulent or abusive means, or fail to comply with these Legal Bases in any of their extremes.

In the event that any irregularity is detected after the awarding of the Prize, The Animals Observatory reserves the right to take appropriate legal action against any of the above irregularities, or any other irregularities detected after the actual awarding of the Prize. The Animals Observatory reserves the right to take appropriate legal action against the author and/or persons involved.

The Animals Observatory reserves the right to vary the dates of the Sweepstake. Likewise, it reserves the right to cancel, suspend or modify it if for justified reasons or reasons beyond the control of The Animals Observatory -including force majeure-, it cannot be carried out under appropriate conditions, as stipulated in these Legal Bases. Nonetheless, The Animals Observatory undertakes to give the same degree of publicity to such modifications as to these Legal Bases. In such cases, The Animals Observatory will be exempt from any liability.

7. Disclaimer

In this Sweepstake, The Animals Observatory is exonerated from any liability that may arise from any circumstance attributable to third parties that may affect the development of the mechanics of the Sweepstake and, in particular, the delivery of the Prizes. 

In this sense, The Animals Observatory will in no case be responsible for any damages, regardless of their nature, direct, indirect and/or circumstantial, whether immediate or deferred, that may appear on the occasion of or as a consequence of the enjoyment of the Prize.

Likewise, The Animals Observatory is not responsible for incidents and events of any kind that are caused by force majeure, or causes such as health emergencies, security breaches, a breakdown in the telephone network, computer, electricity, caused by natural external agents (atmospheric, climatological, or by a deficient operation of the supply companies of such services).

Furthermore, The Animals Observatory is not responsible for the use of the Prizes by the Winner, nor for any incident that may occur after the delivery and during the enjoyment of the prizes.

8. Claims

Any claims that may arise due to the development of the Sweepstake, must be submitted within three (3) months following the date of its termination 5 January 2025.

9. Data protection

The information or personal data provided by the Participant will be treated in accordance with the provisions of the Privacy Policy. The Animals Observatory guarantees the confidentiality of the data provided for participation in the Sweepstakes and its treatment in accordance with the General Data Protection Regulation (EU) 2016/679 and to the Organic Law 3/2018, of December 5, on the Protection of Personal Data. You can access all the information about how we treat your data in the Privacy Policy of The Animals Observatory and/or contact us through the address lopd@theanimalsobservatory.com. 

10. Penalties in case of fraudulent use.

Fraud is understood as the use of independent platforms or applications to obtain votes or more entries in the Sweepstake, as well as behaviors that The Animals Observatory considers to be apparently abusive and/or malicious.

The finding of any of these practices will result in the cancellation of the participation.

The Animals Observatory reserves the right to take legal action against those who carry out any type of act that could be considered as manipulation or falsification of the Sweepstake.

The Animals Observatory is exempt from any liability for damages that may be due to the temporary lack of availability or continuity of the operation of the application through which the Sweepstake is participated, to the defrauding of the usefulness that users may have attributed to it and to the access to the different pages and the sending of participation responses through the Internet.

11. Taxation

The Animals Observatory will not be responsible for the tax repercussions that the acceptance of the prizes could have on the taxation of the winners who will be, in any case, on their behalf.

12. Acceptance of the Legal Bases.

Participation in the Sweepstakes implies acceptance of these Legal Bases. Any manifestation of non-acceptance of all or part of them will imply the exclusion of the Participant and, as a consequence, The Animals Observatory will be released from compliance with the obligation contracted with this Participant.

13. Applicable legislation and jurisdiction

The promotional actions that The Animals Observatory may carry out will be governed by current Spanish law.

Any dispute and/or controversy that may arise from the interpretation and application of these Legal Bases or the requirements for participation in a certain promotional action, will be expressly submitted to the jurisdiction of the Courts and Tribunals of Barcelona, without prejudice to the jurisdiction that by law may correspond to the consumer.