Legal bases of the raffle “Your free Upbikers”.
Identification of the organizing company
The company MOTORBIKE DEVELOPMENTS, S.L. with fiscal address at Calle Jesús, nº 69-10ª, 46007 Valencia, Spain and CIF ESB98532864 has organized this campaign entitled “Your Upbikers for free”.
Start and end dates and geographic scope of the competition
The start date of the contest will be June 16 at 12:00 noon and will end on August 31, 2021 at 23:59 pm. Participation will be available only during that period of time.
The campaign is aimed at all customers who purchased their UPBIKERS on our website(http://www.upbikers.com), Amazon, or any of our distributors, regardless of their country of origin from August 1, 2020 until August 30, 2021.
MOTORBIKE DEVELOPMENTS, S.L. reserves the right to postpone or extend the contest period in case of force majeure, as well as the right to interpret these legal terms and conditions.
Rules and conditions for participation
The contest is open to individuals over 18 years of age residing in any country in the world who have purchased their UPBIKERS through our website http://www.upbikers.com, Amazon or through our distributors.
People who have not purchased UPBIKERS through any of the possible options will not be able to participate.
In order to participate, you must provide the order number assigned by our website(http://www.upbikers.com), the one assigned by Amazon or send us a copy of the sales invoice issued by one of our distributors.
To participate you must send by email, whastapp or upload to our website as many photos or videos as you wish showing you wearing your UBPIKERS and/or using them with your motorcycle. Only published photographs will be eligible for the contest.
MOTORBIKE DEVELOPMENTS, S.L. reserves the right to make changes in the campaign during its development, if any cause should arise that prevents it from being carried out successfully or in order to improve its progress.
Winner selection and drawing method
The winner will be chosen by lottery among all the photos published on our social networks.
The winner will be officially announced on our official page and our Facebook and Instagram pages and we will send you a personal email. If no response is received within 7 days, the prize will be passed on to the alternate, who will also have 7 days to respond. Once the prize is offered to the alternate, the previous winner will forfeit the right to claim the prize.
MOTORBIKE DEVELOPMENTS, S.L. is exempt from any responsibility in case there is any error in the data provided by the winners / alternates that prevents their identification.
Value and nature of the award offered
The prize for the winner will be the refund of the amount paid for their UPBIKERS.
This amount will be refunded to you by the same means of payment used at the time of purchase of your UPBIKERS, i.e. bank transfer, PAYPAL or credit to your credit card.
Protection of personal data
The data provided by the participants will be treated confidentially and collected in an automated file of personal data, being the company MOTORBIKE DEVELOPMENTS, S.L. owner and responsible for this file, with the aim of:
- Manage the participation of the contestants and contact them.
- To inform them that they have won the contest.
- Send commercial information of MOTORBIKE DEVELOPMENTS, S.L.
- Use the graphic material sent by the participants for their commercial activities, both online and traditional marketing.
MOTORBIKE DEVELOPMENTS, S.L. guarantees full compliance with the Organic Law 15/1999, of December 13, 1999 on the Protection of Personal Data in the processing of personal data collected in the contest (“Name of the contest”), especially with regard to the attention to the exercise of the rights of information, access, rectification, opposition and cancellation of personal data of the contestants.
Penalties in case of fraudulent use
We will consider as fraud the use of false purchase data by participants, as well as behavior that we detect as apparently abusive and/or malicious.
The finding of any of these practices will result in the disqualification from the contest of the participant who has made such falsification of data.
MOTORBIKE DEVELOPMENTS, S.L. reserves the right to take legal action against those persons who carry out any type of act that could be considered as manipulation or falsification of the contest.
MOTORBIKE DEVELOPMENTS, S.L. is exempt from any liability for damages that may be due to the temporary lack of availability or continuity of the operation of the application through which you participate in the promotion, the defrauding of the usefulness that users may have attributed to it and access to the different pages and sending participation responses via the Internet.
Assignments of image rights and/or intellectual property rights
The image rights of the graphic material provided by the participants, by the mere fact of participating in this contest, the participant assigns them without cost or possibility of retraction in favor of MOTORBIKE DEVELOPMENTS, S.L.
The participants and winners will transfer the rights of exploitation, reproduction and public communication of their photographs/videos to the company MOTORBIKE DEVELOPMENTS, S.L. for the contest (Your free upbikers) on a permanent basis worldwide.
The entrant must have all exclusive exploitation rights and must not have assigned any rights to a third party. The exclusive assignment, by application of the Intellectual Property Law, implies in practice that the contest participant will not be able to exploit his or her photograph on his or her own account.
In the case of participating with a photograph/video containing the image of one or more persons, the persons photographed or filmed must have given their express and unequivocal consent for such purpose to the participant who has uploaded such photo/video to the contest. If the contest were to publicly exhibit the photograph/video containing the image of a person, either on the Internet or in a public exhibition, MOTORBIKE DEVELOPMENTS, S.L. would be communicating the personal data of the image of the person photographed. Therefore, and in accordance with the LOPD and its Regulations, the prior consent of the person photographed is mandatory. Otherwise, it could constitute a serious infringement of the LOPD with a possible fine of 40,001 to 300,000 euros by the Spanish Data Protection Agency.
This contest is not linked to any platform or social network.
(Facebook / Twitter / Instagram) does not sponsor, endorse or administer this promotion in any way, nor is it associated with it. The participant is providing his/her information and data to MOTORBIKE DEVELOPMENTS, S.L. and not to(Facebook / Twitter / Instagram).
Acceptance of the Legal Basis
Participation in the contest implies acceptance of these legal terms and conditions. Any manifestation of non-acceptance of all or part of the legal bases will imply the exclusion of the participant and, as a consequence, MOTORBIKE DEVELOPMENTS, S.L. will be released from the fulfillment of the following conditions