“Roll’eat for life when you go back to school!”
The commercial entity Marcadiferencia, S.L. (“Marcadiferencia“), owner of the registered trademark “Roll’eat” (“Roll’eat“) with Tax ID no. B-64193055 and domiciled at c/ Sicilia 268, 08013, Barcelona, Spain, intends to carry out an action consisting of the organisation of a promotion to be developed in accordance with the following rules of participation (the “Rules“).
Marcadiferencia launches the promotion “Roll’eat for life when you go back to school!” (the “Promotion“) with the main objective of supporting businesses that have been affected by the Covid-19 pandemic.
To this end, the new “Fruits” collection will be available only and exclusively at physical points of sale, in order to encourage the purchase of the “Fruits” collection at physical points of sale, a prize will be offered to consumers who can prove their purchase.
The Promotion will start on 10 August 2021 and will end at 23:59 on 17 October 2021.
THIRD.- Geographical scope
The Promotion will be nationwide.
FOURTH.- Personal sphere
The Promotion is aimed at end consumers over 14 years old and resident in Spain, who —during the period of time indicated in the second section above— have purchased products from the new Roll’eat “Fruits” collection (the “Participant” or, jointly, the “Participants“).
Excluded from this Promotion are Marcadiferencia employees, as well as persons who are directly linked to the organisation, protocolisation and management of the Promotion and, in general, legal persons.
To be eligible to participate, the Participant shall purchase at least 1 product from the new Roll’eat “Fruits” collection and keep the original purchase receipt.
Participation in the Promotion will take place solely via the Internet, by accessing the website https://rolleat.com/fruits-contest/ or its corresponding mobile application.
The Participant shall register for the draw by filling in a form with their personal details and the promotional code that they will obtain with the purchase of any product from the new Roll’eat “Fruits” collection. Each Participant may redeem as many promotional codes as they have.
It is essential that Participants provide the necessary and real personal data to access the Promotion. Said data will be used to send to said Participant any communication that may be necessary in relation to the Promotion, including, where applicable, the designation of said Participant as winner. If any of the mandatory information is false or missing, the Participant will be excluded from the Promotion.
Participants shall keep both the promotional code and the purchase receipt of the product from the new “Fruits” collection through which the promotional code has been obtained, as it is an essential condition to have both in order to be eligible for the prize, in the event of winning the prize draw. Otherwise, the Participant shall forfeit all rights to the prize to which they are entitled.
Marcadiferencia declines any liability for damages of any kind that may be due to the temporary lack of availability, lack of operation continuity and/or failures in accessing the various pages and sending participation responses via the Internet.
Marcadiferencia reserves the right to modify the terms of this promotional action at any time, including its possible cancellation before the established deadline, provided that there is a justified cause or force majeure, committing to communicate the new rules, terms of the promotional action or the definitive cancellation.
SIXTH.- Structure for conducting the draw
The draw will take place on 18 October 2021. On that date, Marcadiferencia will extract a computerised file containing all the Participants for the draw. The draw will be carried out by means of a computer programme, which will randomly select the winner and the substitutes. Marcadiferencia guarantees the proper functioning of such programme, governed by the principle of independence, as it cannot be altered manually, and the principles of transparency and equality.
For this purpose, an electronic tool will randomly select 1 winner and 2 substitutes. Marcadiferencia will keep the computer files containing all the Participants of the draw until the expiry of the claim period, so it can respond to any request for verification of participation requested by such members, notwithstanding the provisions of the article on data protection.
Marcadiferencia will inform the winner of the prize by means of the data provided to participate in the Promotion. The winner shall accept the prize within a maximum of 2 days from the communication of the prize. If the prize is not accepted or if Marcadiferencia cannot get in touch with the winner, the prize will be awarded to the first substitute chosen for the purpose, who will also have 2 days to accept it; if the prize is not accepted or if Marcadiferencia cannot get in touch with the first substitute, the prize will pass to the second substitute chosen for the purpose, who will also have 2 days to accept it, and the prize may be declared void.
Once the winner has been determined, their name will be posted on social media and on the website https://rolleat.com/fruits-contest/.
The winner of the Promotion will receive a Roll’eat food holder “for life”, with the following limitations: (i) the annual value of the award may not exceed €20; and (ii) the nature of the award is for a maximum of 25 years, starting in 2021.
Marcadiferencia is not responsible for the use the winner may make of the prize.
Under no circumstances may the prize be exchanged for its cash value or for any other prize, nor may it be transferred to third parties at the winner’s request (either by inter vivos or mortis causa transfers).
The prize object of this Promotion is not subject to withholding or payment on account of Personal Income Tax (Impuesto sobre la Renta de las Personas Físicas, IRPF) in accordance with article 75.3.f) of Royal Decree 439/2007, which approves the IRPF Regulations, as its withholding base is under €301.
Marcadiferencia reserves the right to declare the prize void, in the event that the winning Participant does not meet the requirements mentioned in these Rules.
EIGHTH.- Dissemination of the Promotion
The promotion will be disseminated on posters and promotional materials at points of sale, on the Roll’eat website, the Roll’eat Facebook and Instagram pages, and by sending out newsletters. Marcadiferencia reserves the right to use other means of communication that were not initially foreseen.
NINTH.- Processing of personal data
In the event of winning, participants unequivocally consent to their personal data (name and surname) being communicated to third parties by means of the media that Marcadiferencia deems most appropriate.
The personal data provided by Participants in this Promotion to Marcadiferencia, as data controller, will be processed in strict compliance with the provisions of the General Data Protection Regulation (EU) 2019/679 of 27 April 2016 (“GDPR“) as well as with the national legislation applicable when the Promotion takes place.
When collecting their personal data through the registration form, participants will be informed, in a clear, precise, sufficient and detailed manner about the temporary storage of their data in a temporary file and/or its incorporation into a permanent database owned by Marcadiferencia, the purposes for which such data may be used (i.e. targeted advertising and direct marketing, sharing information with Internet search engines or social network providers, showing commercial communications on websites, obtaining information about activities and opinions and sending offers and promotions based on precise geographical locations, etc.), as well as the rights that Participants have over their personal data and the mechanisms for exercising them.
Refusal to provide the data classified as obligatory will imply the impossibility of participating in the Promotion or of accessing the benefits for which they were requested.
All interested parties whose personal data are processed may exercise their rights of access, rectification, cancellation, portability, limitation and opposition to processing or revocation of consent, if applicable, free of charge, by contacting Marcadiferencia, S.L., at c/ Sicilia 268, 08013, Barcelona, Spain, or our e-mail address firstname.lastname@example.org.
TENTH.- Image rights
Given the strictly advertising purpose of this draw, the winner shall accept that their image, name and voice may be used for the purposes of reporting the result of the draw, as well as to promote the advertised product and subsequent events of a similar nature in the media that Marcadiferencia deems necessary (including, by way of example, press, radio, television or Internet). This assignment will be made for two years and will cover the territory of Spain. The winner will be required to sign a specific document regarding the assignment of the aforementioned rights prior to receiving the prize, which will be considered fair compensation for the assignment.
FOURTEENTH.- Grounds for disqualification
This promotion is organised with the aim of encouraging and promoting the purchase of the new Roll’eat “Fruits” collection at physical points of sale, rewarding loyalty on equal terms and with strict respect for the general principle of good faith. For this reason, Marcadiferencia will automatically and immediately disqualify any Participant who violates the rules of good faith, observes a mendacious, inadequate, fallacious or improper conduct, uses disproportionate, fraudulent or abusive means, or breaches these rules in any of its terms.
In the event that irregularities are detected after the actual delivery of any of the prizes, Marcadiferencia reserves the right to take appropriate legal action against the perpetrator or person responsible, among others, those aimed at returning the prizes.
TWELFTH.- Acceptance of the Rules
Acceptance of these Rules is a necessary condition for participation in the Promotion.
Participants are informed that the simple fact of participating in the Promotion implies full acceptance of these Rules, as well as of the organisation’s decisions and criteria regarding the resolution of any issue arising from the Promotion.