LEGAL BASES OF DRAW 11/22/2023

  • Organizer/promoter of the Sweepstakes.

SIMBAS HEART TRAVEL, SLPlaza Vicente Aleixandre N2 6D, 41013 Seville - NIF B13725767 and SONDERSTORIES - Plaza Vicente Aleixandre 2 attic A, 41013 Seville – CIF 30248832Z (hereinafter, the “ Organizers ”) organize this Draw whose description is indicated below under the name “ CHAPTER III-HAKUNA MATATA ” (hereinafter, the “ Sweepstakes ”).

It should be taken into account that said draw will be carried out from the profile on the Instagram social network of @victoriacarotudela, with DNI 49531829H (hereinafter, the Influencer). The latter will only participate in the process as a vehicle for its dissemination, without under any circumstances being considered as an organizer and, therefore, will not be included within the term "Organizers" nor will they have any decision regarding it.

  • Object of the Draw.

2.1. The purpose of the forty (40) Draws developed by the Organizers is to randomly choose among all Participants, one (1) Participant for each item or experience (Draw), so that they can enjoy a flight for two people or item. of clothing (hereinafter, the Awards). The Draw will be held on the days decided by the Organizers.

2.2. Participation in the Sweepstakes will become effective when the Participating user (hereinafter, P

Participant), meet the conditions listed below (hereinafter, the Conditions):

  • Follow the Instagram accounts @sonderstories.co, @simbashearttravel and @victoriacarotudela
  • “Like” the joint Instagram post (hereinafter, the Post) where the giveaway is announced (LINK).
  • Make a comment on the Post where a user of said social network is mentioned, excluding verified accounts to avoid fraudulent participation as much as possible.

Additionally, in any case the Participant must be of legal age, with the Participants selected by chance being the exclusive beneficiaries of the Prize. In case it is a double flight, the accompanying person will be chosen by the recipient of the prize. The organizers reserve, in any case, the right to veto the person chosen by them without necessarily having to have an established cause.

23. The Draw is governed by these particular rules accessible on the respective websites of the Organizers.

2.4. All information related to the Sweepstakes (conditions and legal bases, instructions and mechanics of the Sweepstakes, organizers, Prize, calendar) can be found on the respective websites of the organizers.

  • Calendar and geographical scope.

3.1. The scope of application of this Sweepstakes is national for Spain, regardless of age, that is, for both adults and minors. In the case of flights, if the winner is under eighteen (18) years of age, they must be accompanied by an adult responsible for them.

3.2. It will be in effect for forty-nine (49) hours, from Monday, November 20, 2023 at 8:00 p.m. until Wednesday, November 22, at 9:00 p.m. The Draws will be held on the twenty-second day of November, divided in a staggered manner, that is, every hour between fourteen and twenty-one hours the corresponding proportional part of winners will be announced.

3.3. In this sense, each of the draws will be held during the time slot established in the previous clause.

3.4. The organizers, in case of force majeure and for justified cause, reserve the right to modify the day of the Draws.

3.5. The winner will be contacted through a direct message from the Instagram social network itself sent by either of the two organizers.

3.6. The winner may be announced on any other channel and/or official profiles of the organizers.

  • Draw Mechanics.

4.1. The legal bases will be published in a note on the following websites ( www.sonder stories.eswww.simbashearttravel.com ), with the organizers reserving the possibility of depositing them with a Notary in the future.

4.2. In each Draw, among all Participants who have met the previously stipulated requirements, one (1) Prize will be drawn consisting of receiving one of the flights for two people or items of clothing stipulated in the following lists:

CLOTHES.

Chapter I

Our shopping cart Oyster T-shirt – M, L - https://www.sonderstories.es/products/the-ham

Hoodie Unforgettable Cocoa – M - https://www.sonderstories.es/products/do-it

Crewneck Mistake Citadel – S, L (2) - https://www.sonderstories.es/products/stupid-1

Crewneck Mistake Garden – S - https://www.sonderstories.es/products/mistake-garden-1

Hoodie Priority Ebony – M (4), L (5), XL (1) - https://www.sonderstories.es/products/faces

Hoodie Priority Gundy – M, L, XL - https://www.sonderstories.es/products/priority-burgundy

Chapter II

Whiskey T-shirt – M - https://www.sonderstories.es/products/whisky

Tequila Hoodie – L, XL - https://www.sonderstories.es/products/tequila

Crewneck Brandy – XL (2) - https://www.sonderstories.es/products/brandy

Chapter III

Honolulu Hoodie – XL - https://www.sonderstories.es/products/honolulu

Hoodie Tanzania – L - https://www.sonderstories.es/products/tanzania

Paris T-shirt – L, XL - https://www.sonderstories.es/products/paris

Ibiza T-shirt – M, L, XL - https://www.sonderstories.es/products/ibiza

Crewneck Arizona – M, L, XL - https://www.sonderstories.es/products/arizona

FLIGHTS.

Seville - Marrakech December 14-18.

Seville - Marrakech December 14-20.

Malaga - London December 13-19.

Malaga - London December 14-20.

Barcelona - Milan December 13-16.

Barcelona - Milan December 15-18.

4.3. The Prize Draw will be held, by random procedure, on the day designated for this purpose by the organizers.

4.4. For the purposes of establishing randomness, computer tools enabled for this purpose will be used, proceeding (if the Organizers consider it necessary) to obtain a certificate issued by the selected platform, certifying the result thereof for the purposes of accrediting the transparency and result of the Lottery.

4.5. In the result of each Draw the following will be chosen:

  • One (1) provisional winner.
  • One (1) provisional reservation.

4.6. The provisional winners must be able to be located within twenty-four (24) hours following the celebration of the Draw and accept the rules of the Draw and accept the conditions of image transfer and publication of the Prize. If any of the above requirements are not met, the Prize will be assigned to the first of the reservations or, failing that, to the following, who must be located by the Organizers within a maximum period of twelve (12) hours and accept the rest of the conditions.

4.7. Failing this, the Draw Prize will remain void. It will also be void if the provisional winner selects a prize and does not redeem it (by way of example and without serving as a closed list, does not provide his/her flight information or does not provide the organizers with a delivery address for the clothing). ). In this case, therefore, it will not be transferred to the provisional reserve.

4.8. The date of each of the Draws will be communicated through the organizers' communication channels.

4.9. The organizers have the right, at their sole discretion, (i) to modify the winner, (ii) not to assign the Prize and/or (iii) to leave the Prize void in the event that the provisions of these Legal Bases are violated.

4.10. The Draw may also be communicated through other channels and/or official profiles such as, for example, the official profiles of the organizers on social networks, without publication on these being a condition for its validity.

  • Prize

5.1 In each of the forty (40) draws:

Choice of one ( 1 ) winner who will be invited to enjoy a garment or flight for two people .

5.2. The Draws will be carried out in a staggered manner. During the nine (9) hours of duration, participants will be randomly selected every hour on the hour and, after verifying that they meet the requirements stipulated in this document, they will be assigned a random prize, which will be eliminated from the list included. on these legal bases. In no case will a provisional winner or provisional reserve be able to choose a prize already selected previously.

5.3. The winners will not have the right to request replacement of the Prize, neither for its cash value nor for any other gift, in cash or in kind. In turn, the Prize is personal and non-transferable. Therefore, the winner may renounce the Prize obtained, but in no case will it be replaced by a financial amount.

5.4. Those over eighteen (18) years of age may participate in this activity, those over 16 years of age with the authorization of their legal representatives, and those under sixteen (16) years of age as long as they are accompanied by their legal guardians.

5.6. The same Participant cannot be considered the winner of two or more Draws, preventing the same person from being able to benefit from the Prize in several Draws held.

5.7 Election of 1 Participant per Draw, with a total of forty draws, therefore the number of forty (40) Participants will benefit from these Prizes.

  • Publication of the identity of the winner.

6.1. At the end of the Draw, the Organizers will communicate the result via Instagram direct message to the account with which the Participant participated. Provisional Winners will have a maximum of twenty-four (24) hours to claim their Prize.

6.2. In the event that the Provisional Winners do not respond to the direct message or do not contact the organizers to claim their Prize, or reject the Prize obtained in this Draw, said Prize will go to the first of the reservations chosen by the Draw and successively until reaching to the last reservation.

6.3. The winners accept that their name and image will be published on the official media and social networks of the organizers. They also accept the use of their image in video or photography in order to communicate the experience resulting from the Award.

6.4. In this sense, the winner of each Sweepstakes transfers free of charge to the organizers any type of right that may correspond to them regarding the contents presented to the Sweepstakes through their profiles and websites of the organizers, and in particular, the rights of reproduction, distribution , public communication, disclosure and making available to the public, as well as the right of transformation, including telecommunications networks and the Internet, for the entire world and until its passage into the public domain, with the organizers being able to assign and transfer by any means and license to third parties such rights.

6.5. That is, the winner expressly authorizes the organizers, without territorial limit, from the moment of acceptance of the Legal Bases and in particular, from the acceptance of the Prize in the event of winning, to fix, disseminate and use, by all means written, spoken and filmed, in any form by any means and on any support, their names, image and voice, for the entire term of protection conferred by legislation and for all countries in the world.

6.6. In the case of a minor winner, the acceptance of the legal bases and, consequently, his transfer of image and data rights will be signed by the two (2) parents, otherwise, unfortunately he will not be considered as awarded, since the law considers that the consent of only one of the parents is not valid.

  • Rules of participation.

7.1. The prize will be notified at the headquarters of SIMBA'S HEART TRAVEL, SL, located at Plaza Vicente Aleixandre N2 6D, 41013 in Seville, and will be delivered by the responsible staff of the organizers to the winner of the Draw, who must identify themselves with their ID. Alternative delivery methods will also be provided, by postal mail (in the case of clothing items) or by email expressly provided for this purpose (in the case of plane tickets).

7.2. The prize will be nominal in favor of the winner and non-transferable.

7.3. Adult and minor participants may participate in the Draw.

7.4. To participate in this Draw, participants will have to comply with all the conditions mentioned in these Legal Bases.

  • Powers of the Organizer.

8.1. The Organizers reserve the right to discard entries that they may consider fraudulent and/or that may violate good taste, as well as those that do not meet the requirements and conditions established in these Legal Bases, without assuming any type of responsibility.

8.2. The participant accepts that, as a result, no responsibility will fall on The Organizers, and that the exercise of such discretion will not result in payment, or the obligation to pay, or compensation of any kind to any participant.

8.3. Likewise, it reserves the right to suspend, extend or cancel this Sweepstakes when there are technical reasons that would mean that its proper functioning could not be guaranteed or for any other organizational or force majeure reason, as well as modify the legal nature and/or or the draw, as well as any other circumstance related to them, and at its free discretion.

8.4. The eventual nullity or ineffectiveness of any of the clauses and/or points of these Legal Bases, its effects will only affect that specific clause and/or point, maintaining the validity of the remaining clauses and/or points, and replacing those declared null or ineffective for others.

8.5. All rights related to the Sweepstakes are the sole and exclusive property of the Organizers. It is prohibited to reproduce information and data of any kind in any format or use them in any way without the prior written consent of the Organizer.

  • Reservations and limitations.

9.1. The pages or profiles of the participating subscribers will not in any case represent the Organizers and, therefore, they are not responsible for the content published on them.

9.2. The Organizers reserve the right to postpone, cancel, modify the rules, repeat or terminate the Draw at any time if exceptional circumstances arise, communicating these circumstances in such a way as to avoid any harm to subscribers participating in the Draw.

9.3. Failure to comply with any of the bases detailed here will allow the Sweepstakes organizer, at its sole discretion and at any time, to disqualify the contestant; Likewise, the organizer reserves the exclusive right to deny the right to compete to participants if they consider that the conditions set out here have been violated.

9.4. In the event of an error, misunderstanding or conflict in relation to the operation of any part of the Sweepstakes, or in relation to the actions of the subscribers, the decision made by the organization in this regard will be conclusive and definitive.

9.5. The Organizers reserve the right to make the decisions necessary for the normal development of the Draws, expressly accepting them by each of the Participants.

  • Privacy policy and data protection and image rights.

10.1. The Participant knows and expressly consents to the processing of images and personal data, collected in these bases and in the event indicated above, and those generated from it (photos, videos made by the Organizers or by collaborating companies in events). , training activities or events of the Organizers) to be used on the website, social networks and publications, with the sole purpose of disseminating activities or events of the Organizers.

10.2. In any case, the authorization and transfer of image rights is free of charge, and may be subject to reproduction, distribution, transformation and public communication for distribution and/or broadcast at any time, including any traditional media or virtual (social networks, internet, streaming, etc.) known, including those that could be used for dissemination in the future.

10.3. CONTROLLER RESPONSIBLE FOR THE TREATMENT: we inform you that your personal data will be incorporated into a file owned by SONDERSTORIES - Plaza Vicente Aleixandre 2 attic A, 41013 Seville – CIF 30248832Z. Email: sonderstories.co@gmail.com.

10.4. PURPOSE OF THE PROCESSING: The purposes of said processing will be for the sole purposes of managing and disseminating the giveaway.

10.5. RIGHTS OF INTERESTED PARTIES: You may exercise your rights of access, rectification, deletion, opposition, portability and limitation of processing, by contacting the Organizers at the email and email addresses indicated in the DATA CONTROLLER section.

10.6. ADDITIONAL INFORMATION: You can access additional information required by the applicable regulations, and in particular, information on the processing of data, and the recipients of the data, through the link in the privacy policy of the website www.sonderstories .is

10.7. GUARDIANSHIP BY THE SPANISH DATA PROTECTION AGENCY: If you understand that we have not correctly resolved your request, you can request the guardianship of the Spanish Data Protection Agency, whose data you can consult at www.aepd.es.

10.8. In compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (hereinafter LSSI), with the acceptance of this privacy policy, you expressly consent to shipments being made to through electronic means. You can unsubscribe by clicking on this link.

  • Cession of rights.

11.1. The winners consent to the publication of their names and surnames on the official social media profiles of the Organizers, and eventually their name, surnames and photograph or other content that may affect their right to their own image that they may mutually agree to register, such as winner of the Sweepstakes or in any other condition related to it, as well as in any of the official communication channels or website, without this generating rights in favor of the participant to receive any compensation.

11.2. Likewise, they give their consent for the publication of the material possibly sent by themselves to take part in the Draw, transferring the rights over them to the Organizers. This transfer of rights includes those of reproduction, public communication, distribution, interactive making available, editing, dubbing and subtitling in order to reproduce it by any means and format, for the entire world and for the entire duration of the rights of intellectual property of the material in which they are used, without this generating rights in favor of the participant to receive any compensation.

  • Taxation of the Prize.

12.1. The Prize is not subject to taxation in the Personal Income Tax, as a capital gain. The Organizers will not be responsible for any incorrect tax declaration that the Prize winner may make for this purpose.

12.2. Likewise, participants are informed that the winner must confirm their personal data on the day of the Prize delivery, showing their DNI or NIE, and the Organizers may apply the tax measures that are imposed in accordance with current tax regulations and in accordance with the type. of Prize received, the winner committing to provide his or her maximum collaboration and provide the information that the Organizers require for this purpose at the time of collecting or enjoying the Prize.

  • Acceptance of the Legal Bases.

13.1. By participating in the Draw, it will be understood that the participants fully submit to these Legal Bases and accept the result.

13.2. By participating in the Sweepstakes you acknowledge that neither the Organizers, nor their directors, representatives, employees, sponsors, volunteers, any other entity or person acting on their behalf (to the greatest extent permissible by law) nor the platforms where it is published The Sweepstakes (Social Networks) can accept any responsibility for any harm, damage, loss, injury or disappointment suffered by a participant with their participation in the Sweepstakes or as a result of the acceptance of any Prize. The participant acknowledges and admits that The Organizers, unless explicitly agreed otherwise, are not, nor are they in any way subject to any confirmations, allegations, guarantees, express or implied, de facto or by law, regarding the quality, condition, fitness or merchantability of any aspect of the Prize. By participating in the Sweepstakes, the participant, to the extent permitted by law, waives any and all rights and claims to file a lawsuit or lawsuit against the Organizers, and exonerates the Organizers from all liability with respect to any type of injury, loss or damage of any kind, suffered by the participant or the Prize winner or any other person or property that (directly or indirectly) results from or is in any way related to (i) the participant's participation in the Lottery; (ii) the winner's participation in an event related to the Sweepstakes and the result of the Prize; (iii) any incident that occurs during or is in any way connected with the Prize-related event; and (iv) loss or damage, whether due to negligence or any other cause. With respect to the waiver and release of liability and indemnification expressed above, the term “Organizers” includes the Organizers themselves, their directors, representatives, employees, volunteers, sponsors and any other entity or person acting on their behalf.

13.3. Additionally, the Organizers will not be responsible for problems or technical failures of the Social Networks, online computer systems, servers, suppliers, computer equipment, software failures of any email or entry received due to technical problems or traffic congestion. on the Internet, telephone lines or any website, or any combination of the foregoing, including, but not limited to, damages to the computer or mobile device of a participant or any other person, related to participation in the draw. By participating in the Sweepstakes, the participant agrees to refrain from any claim related to such losses, damages or losses against the Organizers, directors, representatives, employees, sponsors, volunteers, any other entity or person acting on their behalf and/or the platform. where the Giveaway is published (Social Networks).

  • Applicable legislation and jurisdiction.

14.2. The Sweepstakes is governed by current Spanish legislation.

14.2. Both participants and the Organizers accept that any controversy that may arise regarding the application or interpretation of this Draw will be submitted to the jurisdiction and competence of the Courts and Tribunals of the city of Seville.

Seville, November 17, 2023.