TERMS ADDRESSED AT “CULERS" - “Draw for BEST MATCH EVER” (2020/21 sports season)
CONDITION 1. SCOPE.
FUTBOL CLUB BARCELONA with addressat Calle Arístides Maillol, s/n, 08028, Barcelona, and Spanish tax identification code (CIF) number G-08.266.298 (hereinafter referred to as FC BARCELONA or the CLUB) shall be running an Action called “BEST MATCH EVER Draw” (hereinafter referred to as the “Action”) aimed solely and exclusively atpersons with Culer status (free or premium category), or failing that, those completing the subscription process for such purposes, and participating under the terms and conditions contained herein.
Once logged-in as a Culer (or oncehaving completed the registration process if he/shedoes not hold such status), the entrant must vote for Barça’sBest Match Ever based on the available options.
The method for taking part in the Action and the system by which it works shall be communicated and promoted, among FC BARCELONA’s other means of communication, on its official website (www.fcbarcelona.com) and social media and on third party pay-channels.
At the end of the entry period, two draws shall be held (one for the free and one for the premium category, out of all Culers who have taken part in any of the votes for the Action, from which five (5) winners shall be selected for each category. The winners of the said draws shall respectively receive the prizes described in Condition 6.
For the above purposes, in the case of entrants under legal age, their participation in each and every one of the corresponding phases described in these rules (acceptance of the Rules, requirements for participation, mechanics of the Action, acceptance of the prize, etc.) must always and in all cases be supervised by the person who holds his/her rights to representation and legal guardianship (parental authority, guardian, etc.). Therefore, in accordance with the foregoing, FC BARCELONA understands that the consents and authorisations that correspond and are mandatory (acceptance of Rules, requirements for participation, mechanics of the Action, acceptance of the prize, image rights, collection and processing of data of a personal nature, litigation, etc.) shall be deemed to have been carried out for all purposes and without reservations by the persons holding their representation, protection and legal guardianship, on their behalf, and FC BARCELONA shall be exempt from any liability in this regard.
CONDITION 2. ENTRY PERIOD AND PUBLICATION OF TERMS.
The entry period for the Action shall begin on .10/11/2020at 12:00 CET= UTC+1 and shall end on.28/02/2021 at 12:00 CET= UTC+1.
These terms and conditions shall be published on FC BARCELONA’s official website (www.fcbarcelona.com) in order to inform the entrants about the process and course of the Action and the draw.
CONDITION 3. AUTHORISATION FOR USE OF PERSONAL DATA.
a) DATA CONTROLLER: Your data shall be processed by FC BARCELONA, located in at Carrer Arístides Maillol s/n, 08028, Barcelona and with Spanish Tax Identification Number (NIF) G-08266298.
b) PURPOSES: The data shall be processed for the purposeof managing your participation in the Action and draw, as well as to proceed to deliver the prize and publish your details (name and surname/s)on the CLUB’s different channels in the event that you are the winner. In any case, the data shall be processed to register the interested party as a Culer.
c) COMMUNICATION OF DATA: Your data shall not be transferred, sold, rented or made available in any other way to any third party, except to those which supply services to FC BARCELONA, which perform certain activities for the CLUB, that in no case shall process the data for their own purposes. Some of these suppliers may be located outside of the European Union, as indicated below.
If you wish to receive information from third parties, such as the FC BARCELONA Foundation or its partners or sponsors, this information will always be sent by FC BARCELONA, and we shall not provide them with any data, unless you have given us your express consent to do so.
d) AUTOMATED DECISIONS AND CREATION OF PROFILES: For some services, we may process your personal data using automated methods. This means that certain decisions are made automatically without human intervention. For example, we may segment you depending on whether you have any interest in certain sports sections of FC BARCELONA, or use our services, such as free Wi-Fi on our premises.
We may also create a profile by analysing your behaviour on the web, showing you products that may be of interest to you, based on the preferences you have shown through your browsing, or information obtained through cookies.
In addition, if you have agreed to receive commercial communications, these may be adapted and customized according to the interests of the users, either based on the products and services requested, or based on the data that we can deduct or obtain from your browsing, interest in certain contents, reaction to our communications, among others.
This personalization is conducted in a partially automated manner, in the sense that the CLUB determines the parameters of the personalization, but it is the technological platform that generates the user’s profile. We do not send general communications that are not segmented by the previous procedure, since we consider it to be in the interest of both the CLUB and the users of the Culers program for the information that is sent or received to be relevant, and because not segmenting would not alter the number of communications received by the Culers program, but only the content of the same. In this regard, if any user of the Culers program does not wish to be segmented, we ask them to refrain from subscribing to the Culers program’s communications.
e) INTERNATIONAL TRANSFERS: FC BARCELONA, as an international organisation, has international suppliers that may provide their services from outside the EU, so it is possible for users’ data to be processed outside the European Union or the European Economic Area (for example, data storage, management of requests for information or member services, etc.).In any case, the CLUB will ensure that this data processing is always protected with the appropriate guarantees, which may include:
Standard EU approved clauses: These are contracts approved by the European regulator, and which provide sufficient guarantees to ensure that the processing complies with the requirements of the European General Data Protection Regulation. Third party certifications: For example, Privacy Shield, the framework agreement between the EU and the United States that establishes a standardized framework for data processing according to the requirements of the European General Data Protection Regulation.
f) DURATION OF THE PROCESSING: All the data that you provide to subscribeas a Culer, will be processed until the CLUB considers that, by any means available according to the technology available at any time, you are no longer interested in its products. In any case, you may unsubscribe from the newsletter at any time.
Also all the data that you provide us during the participation in the Action will be processed until the end of the draws.
After the term indicated, FC BARCELONA shall withhold your duly anonymzed data for statistical or market analysispurposes, whenever possible, or duly blocked to comply with any legal obligation of the CLUB.
g) EXERCISE OF YOUR RIGHTS: At any time you may revoke your consent to any of the uses of data indicated above.
Likewise, you may exercise your rights of access, rectification, deletion, opposition, limitation or portability through written communication addressed to Carrer Aristides Maillol, S/N, 08028, Barcelona (Spain), with the reference “Personal Data”, or by email to proteccio.dades@fcbarcelona.cat
If you have any questions, doubts or claims about the way we process your personal data, you may contact our Data Protection Delegate by email to dpo@fcbarcelona.cator by regular mail sent toCarrer Aristides Maillol, S/N, 08028, Barcelona (Spain), with the reference or for the attention of the “DPO”. If you do not receive an answer after a reasonable period (2 months) you may lodge a complaint with the Spanish Data Protection Authority.
h) CONSENT FOR THE PROCESSING OF DATA OF MINORS: The parent or guardian of the minor who authorizes the minor’s participation in the Action, in case of sharing the duties and responsibilities regarding this minor with another person, guarantees that he/she has obtained the appropriate consent and that, therefore, is issuing consent on behalf of all those persons responsible for the minor. In this regard, FC BARCELONA reserves the right to contact the parent or guardian of the minor to collect any other information that is necessary to verify this or any other circumstance. If the companion is not the parent or legal guardian of the minor, this person must guarantee that he/she has the appropriate consent to accompany the minor to the event.
CONDITION 4. PARTICIPATION REQUIREMENTS AND PROCESS.
All those interested in taking part in the Action and draw must fulfil the requirements given below:
a) Log-in as Culer. If the entrant is not a Culer, he/she must obtain such status by completing the relevant registration process. b) Vote for the Best Match in Barça History.c) There shall be different votes for the Best Match Ever throughout the entry period. Each entrantmay take part once (1) in each vote. Any duplication of the same user in the same vote will be traced by a computer security system to ensure that only one (1) entry is admitted per person. However, each Culer shall get one participation in the draw for each vote that they have cast throughout the Action.
d) Two (2) files will be created (one for the free and one for the premium category) from all correct “registrations of participation” as has been stated in this condition, regardless of the language used.
CONDITION 5. DRAW PROCESS.
At the end of the entry period, there shall be two draws (one for free and one for premium category) out of all Culers that have taken part in the different votes for the Action. For said purposes, (2) files will be created (one for free and one for premium category) containing all entrants that have met the entry requirements.
a) In the event there is no entrant, it will not be necessary to hold the drawsto assign winners, which will automatically be declared void.
b) In the event that there are ten (10) or fewer entrants in the free category, or five (5) or fewer entrants in the premium category, the draw shall not be held as thesepersons shall automatically be declared the winners. Therefore, these persons shall be awarded the prize directly, without the draw being necessary.
c) If there are more entrants than the number of winners in a given category, a draw shall be held, solely between entrants who have correctly registered for and participated in the Action subject to these conditions, resulting in:ten (10) winners in the free category and five (5) winners in the premium category. Therefore, entrants who do not sign up correctly for the Action shall be excluded.
d) All entrants included in the (free or premium) files shall be assigned a sequential number according to the chronological order of participation, in order to have a consecutive number range (for example from 1 to 50).
e) The draws shall be held using a computer system, which according to a random combination chosen by said computer system, shall choose fifteen (15) sequential numbers for the free category and ten (10) sequential numbers for the premium category. The ten (10) first entrants in the free category and the five (5) first entrants in the premium category shall be declared the “winners”, and five (5) remaining entrants in each category shall be declared “reserves” in order of registration.
f) The draws shall take place before a Notary Public, on 09/03/2021
g) Once the draws have been held, the Notary shall draft minutes of the proceedings, stating the identity of the winning entrants (name and surname), as well as the reserves.
h) The result of the draws shall be announced to the winning entrants via the email given for the purposes of taking part in the Action, along with the information relating to the logistics of delivery and collection of the prize.
i) By taking part in this Action, the entrants of legal age, and in the case of minors, their parents or legal representatives of legal age who hold or have been assigned their legal guardianship, EXPRESSLY AGREE (i) to these conditions, and (ii), if they are the winners of the Action, to the CLUB sending them an email to the address provided for the purposes of taking part as a means of verifying, for all purposes, communications by FC BARCELONA, indicating the aforementioned condition. This shall take place the week after the draw. If it is not possible to contact the winning entrantwithin twenty-four hours (24 hours) starting from the moment the first notification occurs, for any reason or circumstance not attributable to the CLUB, the winner shall lose his/her rights to the prize, it being awarded to the first reserve and so on successively.
j) The winning entrants must accept their corresponding prize, or in the case of minors, their parents or legal representatives of legal age who hold or are assigned their legal guardianship must expressly declare their acceptance or rejection. In the first case, the instructions provided by FC BARCELONA regarding the logistics of delivery and, if applicable, collection of the prize, must be followed strictly.
CONDITION 6. PRIZE.
Each of the ten (10) winners in the free category shall win a prize consisting of a promotional code granting one year of free subscription to Culers Premium Membership.
Each of the five (5) winners in the premium category shall win an official FC BARCELONA shirt (without printing of name and number).
CONDITION 7. ACCEPTANCE OF THE PRIZE.
The participating Culer of legal age or, if a minor, his/her legal representatives, who wins the Action, once his/her winning status is announced, must issue an express response via email before the prize is issued and, if applicable, before it is received, stating his/her (i) acceptance or (ii) rejection of the prize that has been won in order for the following to take place:
a) In the case of acceptance, proceeding to issue the prize under the terms and conditions that shall be given to the winning entrantby the CLUB, signing a document containing express acceptance of the corresponding prize and the receipt thereof in conformity, declaring that he/she cannot hold FC BARCELONA liable or make demands thereof.
If the winning Culer is a minor, his/her legal representatives must accept the prize in his/her name under the terms and conditions set out in the previous paragraph.
b) In the case of rejection or non-acceptance of the prize, this must be done in writing. If the winning entrant is a minor, his/her legal representatives must reject or not accept the prize, whichever is the case, in his/her name under the terms and conditions set out previously. In this case, the CLUB hereby states that the aforementioned prize may not be exchanged for another or for its cash value, winning status automatically being transferred to the first reserve, the aforementioned prize being awarded to him/her following the same procedure, and so on successively.
In the event the winner does not comply with any indication for receipt of the prize set forth by FC BARCELONA, or does not comply with the term or schedule indicated for such purposes, FC BARCELONA shall certify that the aforementioned prize cannot be exchanged for any other item or for its cash value, thefirst reserve automatically becoming the winner in that person’s place.
CONDITION 8. IMAGE RIGHTS
The winning entrants in accordance with the conditions set forth herein and, in the case of a minor, his/her legal representatives, expressly consent to FC BARCELONA, under their absolute responsibility for all purposes, to capture their images (including image, name and voice) through the photographs and/or audiovisual recordings that may be made, individually or jointly, by FC BARCELONA staff or third parties authorized by it when the aforementioned prize is issued and enjoyed for promotional purposes around the world and for an indefinite period, as well as participation in any interview and/or documentary that may be made; To this end, FC BARCELONA shall be authorized to use the aforementioned graphic and/or audiovisual material, as well as copies thereof, to be used wholly or partially for advertising events, and/or notices relating to this Action in any of the CLUB’s media, directly by FC BARCELONA or through any authorized third party. The entrant hereby waivers any compensation and/or any claim for taking and/or keeping such photographic images and/or audiovisual recordings and the transfer of rights of use. Pursuant to the foregoing, the media and advertising and promotional notices in which the winning entrant may appear (either individually or collectively) are and shall be owned by the CLUB.
All entrants state that they possess all the necessary rights and legitimations regarding the assignments and authorizations set forth herein, responding to any third party claim that FC BARCELONA may receive regarding the use of the image authorized herein.
CONDITION 9. DEPOSIT OF THESE TERMS AND CONDITIONS BEFORE A NOTARY PUBLIC.
The terms and conditions of this Action shall be deposited before a Notary of the Il•lustreCol•legi de Notaris de Catalunya (Bar of Notaries of Catalonia).
CONDITION 10. ACCEPTANCE OF CONDITIONS.
Participation in this action supposes express and complete acceptance, without reserve of:
a) these regulations. b) the system for entry and the draw. c) the use and processing of the personal data of the entrants under the terms established herein.d) the use, disclosure and publication of photographs and/or audiovisual recordings under the terms established herein.Should there be any divergences regarding the action and/or the interpretation of these regulations, the competent party to deal with any arising litigation shall be the Courts and Tribunals of the City of Barcelona, such that the entrants in this action expressly renounce any other jurisdiction that could correspond to them.
If entrants who are minors take part in the Action, this shall always be done with the consent of their parents and/or person of legal age who hold guardianship and custody thereof.
CONDITION 11. COMMUNICATIONS FOR THE ACTION.
Communications for the Action and the draws, if applicable, as well as the process thereof, shall be described in FC BARCELONA’s media such as the CLUB’s official website (www.fcbarcelona.com) where these conditions may also be found.
The winning entrant shall receive communications by email to the address provided for the purposes of taking part in the Action subject to these conditions.