Legal Bases of the promotion of the raffle/trip: Getaway to Edinburgh

GENERAL TERMS AND CONDITIONS:

1) Organizing company

Buendía Tours Ibérica, S.L.U (hereinafter, Buendía Tours), with address at Calle Uría 58, 3rd floor, CP 33003, Oviedo, (Asturias), Spain, and CIF B74461054.

2) Purpose

Buendía Tours organizes, for promotional purposes, the sweepstakes 'Getaway to Edinburgh' (hereinafter, the Sweepstakes).

This is a raffle with international character that will be carried out through the social networks (hereinafter, RRSS) of Buendía Tours.

Buendía Tours reserves the right to modify or extend these Legal Bases, to the extent that it does not prejudice or undermine the rights of the participants in the Sweepstakes. The mere fact of participating in the Sweepstakes implies that the participant fully accepts the conditions of these Legal Bases. Likewise, participation in a raffle of this nature implies acceptance of the rules of the social network Instagram through which the sweepstakes takes place.

The raffle is not sponsored, associated, endorsed or administered, in any way, to the Instagram platform.

The raffle begins on Monday, August 29, 2022 at 3:00 pm and will end on Thursday, October 6, 2022 at 11:59 pm.

3) Requirements to participate in the raffle

Buendía will consider as a participant any person who meets the following requirements:

• Be over 18 years of age or have authorization from their legal representative.
• To be the owner of a valid profile in the social network in which the raffle will take place.
• Follow Buendía Tours profile.
• Mention in the comments of the promotional publication of the raffle a friend, family member or acquaintance who is also of legal age or has authorization from their legal representative, and has a valid Instagram profile.

4) The prize

The winner will be a single person who will get the following package for him/her and a companion:

- Three night stay at the Adagio Edinburgh Royal Mile *** Aparthotel

- Tour of the Scottish Highlands

- Tour of Edinburgh Castle

- Tickets to The Scotch Whisky Experience

5) General Terms and Conditions

1.- The prize is drawn for a specific date and no changes can be made by the user.

2.- The prize draw does not include flights, transportation, meals, travel insurance or extra expenses not described above.

3.- The prize is non-transferable and cannot be exchanged for cash or any other product.

4 .- A period of 7 calendar days from the notification of the winner for claims is established.

Buendía Tours reserves the right to cancel or make changes in this raffle, as well as in the prize offered, committing to announce such change through the means it deems appropriate, as soon as possible.

6) Winner selection procedure

The winners will be chosen using the following procedure:

• A list will be generated that will include the participants registered through the social network where the Buendía Tours raffle has been carried out, from the beginning to the end of the Sweepstakes promotion.
• The winner of the raffle will be selected through the EasyPromos platform.
• Winners will be checked to ensure that they have participated correctly and that they have fulfilled the requirements of point III.
• One winner and two alternates will be selected. In the event that any winner does not meet the requirements, the next winner will be designated according to the established list.
• Those who do not comply with the above will be excluded from the raffle.
• The winner of the raffle will be published on Buendía Tours' Instagram profile on October 7, 2022 throughout the day.
• Once Buendía Tours is aware of the winner of the raffle it will be published in the RRSS where it has been promoted, in this case, @buendiatours.
• Finally, the winner will be contacted by sending a direct message through Instagram.

7) Procedure for communication to the winner of the raffle:

Buendía Tours will verify that the participant who has won the raffle has carried out all the requirements that were demanded in the raffle. In the event that the participant meets all the requirements, Buendía Tours will contact the winner via a private message to their Instagram profile in order to request their personal data necessary to make the delivery of the prize effectively; as well as to require the accreditation of age of majority.

Buendía Tours reserves the right to withdraw the status of winner to those participants who do not have all the necessary conditions for participation, or interprets that their participation has been fraudulent.

If Buendía does not receive a response from the winner within 3 calendar days after the communication to his Instagram account, it is understood that the winner renounces the prize.

Once the aforementioned 3 calendar days of communication to the winner have elapsed and, provided that no response is obtained from the winner, Buendía Tours will choose the alternate from the list of winners, following the same communication process.  In that case, the alternate will have 3 calendar days to respond to the communication to his/her Instagram account.

If no response is received within the deadline, it will be understood that the alternate has waived the prize. Thus, in those cases in which the winner and/or alternate does not accept the prize, Buendía Tours reserves the right to declare the raffle void.

Buendía Tours will consider as void any participation that arrives after the end date of the draw, as well as those that do not comply with section III (Requirements to participate in the raffle).

The winner will be responsible for any expenses and tax charges that the acceptance of the prize may involve, as well as any other expenses arising from the draw that is not expressly assumed by Buendía Tours Ibérica S.L.

8) Comments and opinions

Comments or opinions whose content is considered inappropriate, offensive, abusive or discriminatory or that may violate the rights of others will not be allowed. Comments against an individual that violate the principles of the right to honor, personal and family privacy and self-image will not be allowed.

The participation in the raffle, as well as the publication of the comments made by the participants in the publications, may not violate the Instagram Community Rules or the Instagram Terms of Use. If the use of fraudulent means for participation is discovered by Buendía Tours, the prize will not be awarded and will remain the property of Buendía Tours.

9) Liability

Buendía Tours, by way of example but not limited to, is not responsible for:

• The use made by the winner with respect to the prize object of the raffle.
• Possible losses, thefts, delays or any other circumstance attributable to third parties that may affect the development of this raffle.
• Of the services provided by any other entity collaborating in the provision of services to the winner.
• From the damages caused by the comments made by the participants in the raffle, and that at any time could hurt the sensitivity of other Participants.
• Buendía Tours and that affects the normal development of the raffle, we reserve the right to cancel, modify, or suspend the same. 
• In case of force majeure or if there is a cause that justifies it, Buendía Tours reserves the right to modify or even cancel these rules before the end of the publication period, pledging to communicate with sufficient notice of any change in them or their cancellation.

Instagram establishes in its rules on promotions the exoneration of any type of responsibility on the part of each participant or contestant.

9) Acceptance of the rules of the raffle

Participation in this raffle implies full and unconditional acceptance of these terms and conditions. 

In the event that any participant expresses its refusal to accept these Terms and Conditions or perform any acts contrary to it, will be automatically excluded from the draw, being released Buendía Tours to fulfill any obligation to that participant by reason of this draw.

10) Data protection

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 natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter "GDPR") and the Organic Law 3/2018 of 5 December, of 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 raffle are incorporated into a database owned by Buendía Tours to process the user's participation and to communicate the prize in case of winning.

Buendía Tours maintains adequate security in accordance with the RGPD and LOPDGDD, and has established all the 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 inform them that Internet security measures are not impregnable. Buendía Tours 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 in the assignments that, if any, may occur.

The participant guarantees that the personal data provided are truthful and is responsible for communicating, to Buendía Tours, any changes to them. The participant will respond, in any case, to the veracity of the data provided, Buendía Tours reserves the right to exclude from the draw to any participant who has provided false information, without prejudice to exercise other actions that may apply in law. It is recommended to have the utmost diligence in the field of Data Protection through the use of security tools, not being able to hold Buendía Tours responsible for theft, modifications or loss of illicit data.

In accordance with the provisions of the General Data Protection Regulation, each participant with the acceptance of these Legal Bases consents that their personal data will be incorporated into a file, owned by it, in order to manage the draw, as well as disseminate and publicize their results, and process the delivery of the prize.

Please note that you can exercise your rights of access, rectification, deletion, opposition, limitation, portability, oblivion and not to be subject to automated individual decisions, by sending an e-mail to info@buendiatours.com.

For more information, you can consult the privacy policy of Buendia Tours through the following link: https://buendiatours.com/es/politica-privacidad

11) Conservation

If any of the conditions are contrary to law, this circumstance will not affect the rest of the bases, remaining in full force and effect.

12) Applicable law and jurisdiction

For the resolution of conflicts, these Terms and Conditions shall be interpreted and governed in accordance with Spanish law. Any dispute that may arise shall be submitted to the Courts and Tribunals of the domicile of the consumer as described in the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users.