TERMS AND CONDITIONS BOMBAY PRESSÉ BOMBAY BOAT EXPERIENCE

BASES OF THE PROMOTION
BOMBAY PRESSÉ promotion with a raffle for 21 boat trips (each one for 5 people) lasting one day with departure and arrival on the island of Ibiza.

1.- ORGANIZER AND PRODUCT/OR BRAND/S OBJECT OF THE PROMOTION
The Company BACARDÍ ESPAÑA, SA, (hereinafter also, the COMPANY), with fiscal and administrative address at Plaza de Catalunya no. 1. El Triangle Building, 6th floor, 08002 Barcelona (Barcelona), with NIF A08005746, organizes Promotion (hereinafter the PROMOTION) of the brand/product (hereinafter BRAND or PRODUCT) BOMBAY PRESSÉ.

2.- TERRITORIAL AND PERSONAL SCOPE
The promotion will take place in Spanish territory during the dates between 07/05/2023 and 08/15/2023

All those over 18 years of age, residing in Spain, who meet the established requirements, may participate in the PROMOTION

The COMPANY may request the display of the DNI or identity document to the winner at the time of delivery of the prize to verify their majority, refusing the delivery in the event that the latter turns out to be a minor.

The following may not participate in the PROMOTION or win any prize (whether as a participant or a guest): (a) employees of COMPANY or its group of companies, affiliates, agents, subcontractors and associates of COMPANY (as well as their first and second family members). degree), (b) any person directly or indirectly related to COMPANY at a professional level (as well as their first and second degree relatives), nor (c) employees of any company active in the alcoholic beverages sector (as well as their first and second degree relatives ). If any of these people is graced, their participation will be automatically cancelled.

3.- DURATION
Duration period: The PROMOTION will be carried out during the period indicated in point 2.

Case of early termination: However, due to force majeure, or in the event that there is a justified or reasonable cause or due to legal issues, the COMPANY may decide at any time to interrupt and/or terminate the PROMOTION early.

4.- FREE NATURE OF THE PROMOTION

The PROMOTION is free and does not imply in itself any additional payment to obtain the prize, except for the costs that the consumer has paid in the place where the product is consumed, the costs of calls, telephone messages, e-mail, faxes, or any other communication that the participant must make and that are detailed in the mechanical section of the promotion.

5.- FORM OF PARTICIPATION AND PROMOTION MECHANICS

To participate, those interested must follow the following steps during the period of validity of the promotion:

-The client must consume Bombay Pressé in the establishments of Ibiza where the promotion is carried out

– Walk into
https://www.bombaysapphire.com/ bombayboatexperience

– Confirm on the web that you are over 18 years of age to access the welcome page.

-Upload the purchase ticket where it appears and clearly reads the consumption of Bombay Pressé, as well as the place of purchase, the data of the establishment where the purchase was made and the date of the purchase. For the ticket to be valid, it must have a date on the day of the draw or the day before.

– Register by providing your name, surname, telephone number and e-mail address

– Check the appropriate boxes to confirm that you agree to these terms and conditions and the Bombay Privacy Policy available at https://www.bombaysapphire.com/es/es/ privacy-policy/

-Click on the PARTICIPATE box.

If all the steps are correct, the client will see a window informing him that the registration has been carried out correctly.

Among all the users who have participated correctly, the winners will be chosen:
Through a raffle where each user will be assigned a number through a computer program. The same program chooses one of the participating numbers and the associated user data to notify you of your prize.
The winner and two substitutes are chosen in each of the draws.

The contestants of a raffle will not participate in the next raffle unless new registration

The prize may be void in the event that there is no participation that meets the winner selection criteria or does not comply with current legal requirements.

6.- PRIZE: IDENTITY, LIMITATIONS, DATE AND DELIVERY

6.1. – The identity of the prize includes one day, from morning to sunset, weather conditions permitting, on the Bombay Pressé ship docked in the port of San Antonio. The place of embarkation and the place of disembarkation will be communicated to the consumer at least 6 hours in advance. The journey includes a paella for 5 people, as well as a series of drinks on board. The prize only includes what is expressly indicated.

6.2.- Date of the prize: The date or dates, as well as its obtaining, will be communicated to the winner and delivered to him within the term, by mail and via WhatsApp. Also in the same communication, the time you have to answer affirmatively will be clearly indicated before moving on to the next winner.

6.3.- Prize claim: The maximum claim period from its communication to the winner is the hours established in the communication as the winner. The fixed hours are fixed, if the deadline is until 1:01 p.m., 1:01 p.m. are considered out of date. In case of no response, the prize will go to the next winner.

6.4.– Assignment and exchange: The prize is not transferable or exchangeable for money.

6.5.– Taxation: The prize is subject to the tax regulations on prizes regulated in the Personal Income Tax indicated below:

Law 35/2006 of November 28 on Personal Income Tax (LIRPF) will apply to the prizes of this PROMOTION; Royal Decree 439/2007, of March 30, which approves the Personal Income Tax Regulations (RIRPF) and other concordant provisions issued in its development, so that, where appropriate, it will correspond to the COMPANY the payment on account or the practice of appropriate withholding.

Pursuant to the aforementioned regulations, prizes awarded for participation in games, contests, raffles, or alternative combinations linked to the sale or promotion of goods or services are subject to withholding or payment to an account as long as the value of the prize is greater than 300 euros.

7.- RESPONSIBILITIES

7.1.– The COMPANY and, where appropriate, the commercial communication agency that manages the PROMOTION (hereinafter the AGENCY), are not responsible for incidents and events of any kind that are caused by a fault in the computer program, where appropriate, due to a case of force majeure, justified or reasonable cause (for example, impossibility to register any participant, interruption or loss of the call, etc.); nor of the incidents that have their origin in cases of force majeure derived from causes such as a breakdown in the telephone, computer, electrical network, caused by natural external agents (atmospheric, climatological, or by a deficient operation of the supplying companies of such services).

7.2.– Neither the COMPANY nor the AGENCY are responsible for the impossibility of registering any participant due to an error in the capture of their personal data, as a consequence of deeds that, where appropriate, are unintelligible, incomplete, erroneous or false. .

7.3.- Likewise, the COMPANY is not responsible for defects or hidden defects that the aforementioned prize may present and that are attributable to the transport company, shipping company or restaurant, nor for damages that derive from the proper or improper use of such a prize.

7.4.– The COMPANY does not assume any responsibility for incidents that may occur during transfers, trips and stays included in the prize.

7.5.– In relation to the materials that the participants in the mechanics of the PROMOTION can send (such as data, photos, stories, videos, answers about brands, and in general any material), the COMPANY reserves the right not to publish and directly destroy any message, story, photograph, video or material of any kind that, in its opinion, constitutes or represents an illegal conduct, thought or activity, contrary to the dignity, respect and rights of people, especially women, or whose dissemination could infringe the rights of third parties or, in general, understand that its theme is not appropriate to be disseminated. No correspondence will be maintained regarding the inclusion, rejection or deletion of the stories, messages, photographs, videos, materials or communications. The COMPANY may remove the data, stories, messages, photographs, videos, images or communications included in a website and/or in any other support support for the PROMOTION after the period of time it deems appropriate.

7.6.– The organization reserves the right to take the measures deemed appropriate in the event of detecting fraudulent profiles, thus being able to expel the participant from the promotion, if deemed appropriate.
Winners’ profile photos may not contain images that defame, abuse, harass, stalk, threaten or violate the legal rights of third parties, or violate copyrights, trademarks, patents, privacy, publicity or other intellectual property rights from third parties, as well as offensive images about religion, politics or xenophobia.
The COMPANY reserves the right to remove all users with fake profiles that can be demonstrably created by automated processes.

7.7.– The COMPANY is not responsible for the impossibility of registering any participant due to an error in the capture of their personal data as a consequence of the provision of incomplete or erroneous data.

7.8– The COMPANY reserves the right to make modifications or add annexes to these bases in relation to its mechanics and prizes, provided that they are justified or do not harm the participants, they are carried out within the validity period of the promotion, and they are communicated to them duly.

8.- PROTECTION OF PERSONAL DATA

The participant knows and agrees that their personal data will be processed by BACARDÍ ESPAÑA SA, with address at Plaza de Catalunya no. 1. El Triangle Building, 6th floor, 08002 Barcelona (Barcelona), who will be responsible for the treatment and will use and process the same in accordance with the provisions of the Privacy Policy available at https://www.bombaysapphire.com/es/es/ privacy-policy/

The COMPANY has implemented the necessary technical and organizational security measures to guarantee the security of personal data.

At any time, participants may exercise their rights of access, rectification, limitation of their treatment, cancellation, opposition, as well as the right to data portability by contacting the COMPANY at the following address Plaza de Cataluña n.º 1 El Triangle Building, 6th floor, 08002 Barcelona or by sending an email to dataprotection@bacardi.com

Likewise, you also have the right to file a claim with the local data protection control authority, for example, the Spanish Agency for Data Protection in Spain, whose contact details are as follows:

Postal address: Calle Jorge Juan 6, 28001 Madrid
Telephone: (+34) 901 100 099 / 912 663 517

9.- INFORMATION TO THE PARTICIPANTS, DEPOSIT OF THE RULES, ACCEPTANCE OF THESE AND RESOLUTION OF INCIDENTS.

9.1.– Information to the participants. – If applicable, the PROMOTION will be announced and detailed on the page https://www.bombaysapphire.com/bombayboatexperience

9.2.– Acceptance of the bases. – The mere participation in the PROMOTION implies the acceptance of these bases by the interested parties.

9.3.– Resolution of incidents. – In case of problems or incidents in the interpretation of these bases or in the development of the PROMOTION, the criteria applied by BACARDÍ ESPAÑA, SA will be followed, submitting in case of conflict to the competent Courts of the city of Barcelona.

10.- ASSIGNMENT OF RIGHTS AND EXPLOITATION TO BACARDÍ

10.1.- Publication of the identity of the winners.- In accordance with Law 1/1982 on civil protection, the right to honor, personal and family privacy and their own image, the winner assigns the rights to the name to the COMPANY , surname, address and image in any advertising and/or promotional activity that is related to this promotion and, especially, with the enjoyment of the prizes derived from your participation in this promotion through any means of reproduction, both electronic ( Internet, cd, and other analogues) as conventional (paper, photographs and other analogues), in any medium or technical or technological system currently existing or that is in the research and development phase (including by way of example without limitation Internet exploitation, television exploitation in any form) without these activities granting them the right to remuneration or any benefit with the exception of the delivery of the prize won in accordance with these Bases.

The winner freely assigns to the COMPANY the image rights that may correspond to them as a result of the broadcast and/or audiovisual recording, as well as the graphic, individual or collective reports that are carried out and expressly and irrevocably authorizes the COMPANY to keep the aforementioned recordings and graphic images to be used totally or partially for advertising or promotional purposes in the media it deems appropriate or in any Internet domain of the COMPANY, or networks of which it is a part.

10.2.– In the event that the PROMOTION involves the contribution by the participant of their photos, texts of their own writing, or videos, the participant assigns exclusively to the COMPANY and to the companies of the Bacardí group (hereinafter, the COMPANIES ), for the legally permitted time and for the whole world, all the rights of exploitation of the material (photography, text and video) made available to them and, in particular, those of fixation, reproduction, distribution, transformation and public communication extending to all modalities of exploitation and means known or discovered to date. For the purposes of this promotional action, the COMPANY will consider that the material made available by the participant is their property or has the corresponding authorization from third parties with regard to image rights and intellectual and industrial property rights.

11.- PROHIBITION OF OFFENSIVE COMMENTS, MALICIOUS CODE, HACKING AND OTHER CRIMES

Participants may not misuse the COMPANY’s website or the COMPANY’s social networks by adding content that could be considered offensive, defamatory, obscene, threatening or illegal, or by introducing a code of harmful or malicious programming. Shall not attempt to gain unauthorized access to the COMPANY’s website or COMPANY’s social networks, nor to the servers on which they are stored or to any other website operated by the COMPANY, nor to any server, equipment computer or database connected to said pages. These pages or applications cannot be attacked through a denial of service (DoS) attack, or through a distributed denial of service (DDoS) attack.

We will report any such activity to the relevant legal authorities, and we will cooperate with them to ascertain the identity of the offenders. In the event of such an action, the right to use the relevant pages and applications will be terminated immediately.

The COMPANY will not be responsible for any damages or losses caused by a distributed denial-of-service attack, or by a virus or malicious code that may infect the computer equipment, software programs, data or other materials owned by the participant, due to to the use of the pages, the applications or the download of material published on it or websites linked to it.

The COMPANY reserves the right to inform the competent authorities of any information, image or video that seems alarming in its opinion.

Date of last modification: 06/21/2023