PROMOTION LEGAL TERMS AND CONDITIONS "IDEAS TO PROTECT THE OCEANS"

1. ORGANISER

The entity IBEROSTAR HOTELES Y APARTAMENTOS, S.L. (hereinafter, “IBEROSTAR”) with registered offices in Calle General Riera, 154, 07010 Palma de Mallorca, and Tax Number B-28.049.344, registered in the Commercial Register of Palma de Mallorca on registry page PM-5191, is organising this competition named “Ideas to Protect the Oceans”, participation in which is through Facebook (Iberostar Hotels & Resorts profile), Twitter and Instagram in accordance with the following legal terms and conditions (hereinafter, the “PROMOTION”).

2. ACCEPTANCE OF THE TERMS AND CONDITIONS AND PURPOSE OF THE PROMOTION

The acceptance of all of the terms and conditions established in this document (hereinafter, the “Terms and Conditions”) is a necessary prerequisite for participation in the PROMOTION. Participation in the PROMOTION implies the full and unconditional acceptance of these Terms and Conditions.

3. PROMOTION DATES

Participation will take place between 12:00 (GMT+1) on 3 June 2019 until 23:59 (GMT+1) on 10 June 2019.

IBEROSTAR reserves the right to amend these Terms and Conditions, as well as the participation dates, to extend or reduce the deadline, or even to suspend the PROMOTION, with the sole obligation of communicating the decision before the date of the PROMOTION’s termination.

4. CONDITIONS OF PARTICIPATION IN THE PROMOTION

Participation in the PROMOTION is free of charge and any individual of legal age may participate. Participants must also have an Instagram or Twitter profile that is open to the public. Those persons who do not meet these conditions may not participate in the PROMOTION. If they do participate they shall be disqualified.

Participation in this PROMOTION is prohibited for employees of IBEROSTAR or of companies within the group, providers or affiliates, as well as for the immediate relatives of these persons. Should they participate, they shall be disqualified and stripped of any prize they may win.

To participate and be eligible to win a prize in the PROMOTION, participants must have an electronic device with internet connection. The cost of the internet connection from the electronic device should be paid for by the participant. Participants cannot create fictitious accounts on Instagram, Facebook or Twitter for the sole purpose of participating in the PROMOTION, nor can they create accounts in order to participate several times.

5. MEANS OF PARTICIPATION

Users wishing to participate in the PROMOTION can choose to participate via Instagram, Twitter or Facebook. In the event that the chosen platform is Instagram, users should share a photo presenting an idea on ‘how to protect the oceans’ via an Instagram post, using the hashtag #WaveofChange and tagging the account @iberostar on this platform. To participate via Twitter, the user should share an idea on ‘how to protect the oceans’ in a tweet, with or without a photo, using the hashtag #WaveofChange and tagging the account @iberostar. Lastly, users who wish to participate via Facebook should leave a comment on the post on the Iberostar Hotels & Resorts Facebook profile, mentioning an idea on ‘how to protect the oceans’.

If the photo or comment posted by the participants is not related to the above or to an idea on ‘how to protect the oceans’, or does not follow the competition guidelines set out by IBEROSTAR on its Instagram channel or is posted without the competition hashtag #WaveofChange or does not tag the account @iberostar, the participation in the PROMOTION will be deemed invalid.

The moment they participate in the PROMOTION, all participants assign to IBEROSTAR all intellectual property rights relating to any images published, on an exclusive and transferable basis, without any territorial or time limitation and free of charge.

Publication of comments or opinions

Photos whose content is considered inappropriate or that are offensive, insulting or discriminatory or that could violate the rights of third parties, are not allowed. Images that violate the principles of right to honour, to personal and family privacy and to a private party’s image are not allowed. We shall not be held liable for damages caused by photos published by participants in the context of the PROMOTION, and which at any time may offend the sensibilities of other participants. Participants that enter such comments will be disqualified.

Iberostar shall not be held liable in any case for the collection of personal data in the event that third parties appear affected in their publications. In this sense, the participants undertake to strictly comply with the provisions of the regulations that are in force at all times regarding the protection of personal data and image rights, thus agreeing to not hold Iberostar liable for any loss, damage or liability incurred as a result of breach of these Terms and Conditions. Likewise, Iberostar is not responsible for publications where minors appear. It is participants of the PROMOTION that must be responsible for obtaining the corresponding authorisations from their legal guardians in accordance with the above, keeping Iberostar harmless from any loss damage or liability.

6. PRIZE

Only one (1) prize will be awarded for participation in the PROMOTION, irrespective of the platform used to participate. The prize will consist of one (1) all inclusive stay for five (5) nights for two (2) people at the Iberostar Selection Bávaro located at El Macao - Arena Gorda, Punta Cana 23000, Dominican Republic (hereinafter, the “Hotel”), as well as the respective flights, to visit Iberostar’s coral nursery. This prize has a value of FIVE THOUSAND EUROS (€5,000).

Prizes may not be exchanged for money, and no change, modification or compensation will be permitted, nor shall the assignment of the prize to third parties be allowed. Prizes shall not be given to persons other than the winning participant. IBEROSTAR reserves the right to exchange the prizes for others of equal value. The prizes may be voided without a winner being selected if the participants fail to meet the conditions and requirements to be participants and winners of the PROMOTION.

The prize does not any include additional costs arising from the winner’s stay beyond those explicitly stipulated above; nor does it include the cost of transfers of any kind. IBEROSTAR shall not be responsible for any transport. Prizes shall be nominative and may NOT be transferred.

The dates between which this prize may be used are from June to September 2019. However, the dates may vary depending on availability and Iberostar shall have the final say in selecting the dates, taking into account the winner’s preferences, with any individual who fails to accept the prize on the dates and at the place specified by IBEROSTAR thereby forfeiting the right to the prize and their status as winner.

7. SELECTION OF THE WINNER

All participants who have met the requirements stated above will be eligible to win the prize.

The winner and three (3) replacements will be selected from a random prize draw using the platform Easypromos.

8. NOTIFICATION OF THE PRIZE TO THE WINNER

The method for announcing the winner will depend on the chosen platform: where the user participated via Instagram, it will be announced using Stories and a comment on this platform; where the user participated via Twitter, a tweet will be posted on this platform; and if the selected platform is Facebook, a comment will be posted on this platform. In all of the aforementioned posts the user will be informed that they are the PROMOTION winner and of the terms and conditions of the prize, which the winner must claim within five (5) calendar days from the moment of being informed of having won.

In the event that (i) the winner fails to meet the conditions, (ii) or cannot claim the prize for some reason, (iii) or the winner is disqualified for failure to comply with the Terms and Conditions, or (iv) the winner does accept the prize within the period stipulated, they shall forfeit the right to the prize and the prize will be awarded to the first replacement from a subsequent draw who complies with the requirements for being a participant and winner of the competition. If necessary, this process will be repeated until the third replacement, after which the prize will be declared void.

IBEROSTAR may request any information or documentation from the winners to certify compliance with the conditions for participating and winning the PROMOTION. This information shall be requested via email, with the winner having five (5) calendar days from the issue of the email to provide it. Should the requested information or documentation not be provided to the satisfaction of IBEROSTAR, or should any of the conditions for being a participant or winner not be complied with, they shall be disqualified.

9. TAXATION

The prizes, object of this promotion, are governed by the provisions contained in Law 35/2006, of 28 November on Personal Income Tax (IRPF) and partial amendment of the Corporate Tax Law regarding Income and Capital Gains tax of non-residents. The provisions of Royal Decree 439/2007 of 30 March, which approved the current Personal Income Tax Regulation; Royal Decree 1776/2004 of 30 July, which approved the Regulation on Income Tax for Non-Residents; and the Royal Legislative Decree 5/2004 of 5 March, which approved the consolidated text of the Law on Income Tax for Non-Residents and other concordant provisions issued during its development shall also be applicable.

In compliance with the aforementioned regulation, participants are hereby informed that in this current promotion, the prizes awarded through participation in games, contest, draws or random combinations linked to the sale or promotion of goods or services are subject to deduction or deposit in the personal income tax account if the value of the prize is greater than 300 euros. To clarify, Iberostar will be obligated to make the deductions or make a deposit in the corresponding IRPF accounts when the value of the prize is over 300 euros, or another amount that complies with the applicable legislation at that time. If the value of the prize is below said quantity, Iberostar will not be required to make withholdings or deposits in the account, though it will remain equally subject to formal disclosure requirements with respect to tax authorities.

Once the prize has been accepted, it will constitute a capital gain even where the winner does not make use of it. The winner shall be the only party held responsible to the Tax Agency. After the winner has accepted the prize, Iberostar shall not be held responsible for whether or not the winner uses it and shall not be deemed liable before any body, administrative organisation or institution.

In relation to the above and in compliance with current tax laws, the promoting company will make the corresponding deposit in the account provided for the purposes of the prize and, when appropriate, it will issue the corresponding certification to allow the participant/winner to comply with their fiscal obligations when they file their tax return for the received prize, together with the rest of the income received, the total amount of which may be deducted as the amount shown in the aforementioned income statement as being already deposited, as set forth in the aforementioned Law 35/2006 of 28 November. The promoting company is thus only liable to the taxpayer for their legal obligation to make a deposit in the account when required by law, as it is the taxpayer’s responsibility to meet their tax obligations.

To this end, it is hereby communicated that, regarding the in-kind value of the prizes, withholdings will be based on the declared market value, increased by 20% according to the provisions set forth in Article 105.1 of the aforementioned Royal Decree 439/2007 of 30 March, which approved the Personal Income Tax Regulation (IRPF). The percentage to be withheld as described above will depend on the winner’s tax residence, which should be determined and, where appropriate, proved when the prize was accepted. Therefore, the withholding tax rate set out in legislation in force when the prize was accepted will be applicable, which, at the time of writing, was 19% for residents and for non-residents without permanent establishment residing in the European Union or the EEA (Norway and Iceland) and 24% for all other non-residents. However, non-residents who can prove that they are covered by an Agreement to avoid double taxation between Spain and their country of residence may be exempt from fiscal obligations on Spanish territory, in which case they will be subject to said Agreement.

Participants/winners are also informed that when they receive the prize they must confirm their personal details and present their national identity document or valid Spanish identification. For the deposits mentioned in previous paragraphs to be made, the winner must sign a receipt when they receive the prize and give a copy of their national identity document or valid Spanish identification to the promoting company. Otherwise, they will lose their right to receive or use the prize.

Completion of the participants/winners’ personal and tax data is necessary to deliver the prizes and is considered a legal obligation. Not providing these details or not confirming any of the aforementioned details will result in losing the right to the prize awarded.

10. PRIVACY POLICY APPLICABLE TO THE PROMOTION

In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data and repealing Directive 95/46/EC (General Data Protection Regulation) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Digital Rights, Iberostar Hotels & Apartamentos, S.L. hereby informs you that the data of participants and winners will be processed automatically to validate the participant’s condition and that of the winner of the “Ideas to Protect the Oceans” promotion.

11. OPERATION, COMMUNICATIONS AND IDENTIFICATION

In addition to the grounds explicitly set forth in these Terms and Conditions, IBEROSTAR shall not be liable for any malfunction or errors that may arise at the time of participation in the PROMOTION, or interruptions, deletion or failure to register entries.

IBEROSTAR shall not be liable for consequences arising during the enjoyment of the prize or for damages and injuries of any type, whether personal, material, etc., both personally and to third parties.

Additionally, IBEROSTAR shall not be liable if the winner is notified of the prize and they do not check their email, access their account or social network profile or if the email address provided is incorrect or incomplete, or if it is not checked, has been deleted or is configured in a way to classify messages or emails sent by IBEROSTAR as blocked or spam, restricting them, deleting them or not downloading them.

IBEROSTAR may request any information or documentation from the winners to certify compliance with the conditions for participating and winning the PROMOTION. This information shall be requested via email, with the winner having five (5) calendar days from the issue of the email to provide it. In the event that the winners do not provide the information or documentation requested to IBEROSTAR’s satisfaction, or are found not to meet any of the Terms and Conditions, they shall be disqualified and a substitute selected, following the process described above.

12. RESPONSIBILITIES AND DISQUALIFICATION

IBEROSTAR reserves the right to disqualify all participants who act in an abusive and fraudulent manner, and any participants who deceive, conceal or falsify participation information, who participate using different personal details or social network accounts/profiles, or who fail to comply with any of these Terms and Conditions.

IBEROSTAR also reserves the right to check the identity of participants, in order to verify that they are not fictitious or created specifically to participate in the PROMOTION and/or to make multiple entries in promotions, with IBEROSTAR being entitled to disqualify those participants engaging in these practices at its own discretion and in the event of any such suspicion or indication.

In the event of any knowledge or suspicion on the part of IBEROSTAR or its associated companies, during the course of the PROMOTION, that any participants or third parties are altering any entry via any procedure, they shall be disqualified, even if they have been able to participate or have won a prize, without IBEROSTAR being obliged to provide notification of that disqualification.

13. SOCIAL MEDIA

The social media platforms Instagram, Facebook and Twitter do not in any way sponsor, endorse or manage this promotion, nor are they associated with it, the aforementioned platforms being thereby exonerated from all liability.

14. GENERAL CONDITIONS

The settlement of all such questions that may arise or be asked in respect of the interpretation of the Terms and Conditions, shall be at the sole discretion of IBEROSTAR.

IBEROSTAR reserves the right to amend the content of these Terms and Conditions, as well as the prize for the same, in order to facilitate the greater success of the competition and to contribute to broadcasting the spirit of the contest. The Terms and Conditions and any possible amendments to the same shall be published permanently on www.waveofchange.com.

Likewise, participation in a competition of this nature implies acceptance of the rules of the platform on which it is held.

For any questions or queries relating to the PROMOTION, the participants and winners, please contact IBEROSTAR at the email address iberostarsm@iberostar.com.

15. LEGISLATION AND JURISDICTION

These terms and conditions of the PROMOTION are governed by Spanish Law. Participants accept that any dispute that may arise with respect to the interpretation or execution of the terms and conditions shall be explicitly submitted to the jurisdiction of the Courts and/or Tribunals of Palma de Mallorca, hereby waiving any jurisdiction to which they may be entitled, if applicable.

16. ARCHIVE OF THE TERMS AND CONDITIONS

The Terms and Conditions of this promotion have been filed and registered with the Notary of the Ilustre Colegio de Madrid Don Luis Máiz Cal, located at Paseo Pintor Rosales, 20, 2º, 28008-Madrid and published in the Electronic Archive of the Contest Terms and Conditions (ABACO), a public service offered by the General Notary’s Office and published on www.notariado.org/liferay/web/notariado/e-notario and will be available to anyone who wishes to consult them, and will also be available on https://business.facebook.com/IberostarHotelsES