Legal bases of PARTICIPATION IN PROMOTIONAL ACTIONS OF BIZUM, S.L.
FIRST – Purpose
In order to encourage the use of the different services offered by the company, the commercial entity Bizum, S.L., with registered office in Madrid, calle Francisco Sancha, 12, and with Tax ID number B-87599478 (hereinafter, “Bizum”), promotes the implementation of various promotional activities, which will be governed, in general terms, by these legal bases (hereinafter, “the Legal Bases”).
SECOND – Particular conditions
The requirements necessary to participate in a given promotional action are described in the dissemination material for each of them, which will include, among others, information regarding the duration of the corresponding action, the form of participation and the prizes associated with it.
THIRD.- Promotion period
The start and end dates of each promotional action will be duly detailed in the dissemination material associated with it.
FOURTH.- Territorial scope of the promotion
The different promotional actions carried out by Bizum will be valid within the territory determined in each case in the corresponding action.
FIFTH. – Nature of the promotion
Participation in the different promotional actions carried out by Bizum is free of charge and will be articulated under the mechanics of participation contest in Social Networks or, alternatively, through the mechanics of sweepstakes.
None of the promotions will be sponsored, endorsed, administered, or associated in any way with Instagram, Twitter or any other social network.
SIXTH – Participation requirements
All natural persons of legal age who, in their capacity as consumers, act for purposes unrelated to their commercial, business, trade or profession, are registered in the Bizum Service through one of its Member Entities, and provided that they meet the rest of the conditions or requirements that may be defined for each specific action, may participate.
The list of Member Entities can be consulted at www.bizum.com/es.
Employees of the organizing company Bizum are not eligible to participate.
SEVENTH – Functioning of promotional activities
The details associated with each of the promotional actions carried out by Bizum will be identified in the dissemination material associated with each of them, however, in general terms, it should be noted that:
– (i) In the event that the promotional action is articulated under the modality of “contest”, the formula to choose the winner or winners of the same shall be based on the merit or expertise of the participant, without the participant having to make any type of economic disbursement to participate, either directly or by means of telephone calls, sending text messages or any other electronic, computer or telematic procedure in which there is an additional charge.
– (ii) In the event that the promotional action is articulated under the modality of “sweepstakes”, the formula to choose the winner or winners of the same shall be based on the selection under a random combination, without the winner having to pay any surcharge or additional fees, other than, if applicable, the mere consumption of the product or service.
EIGHTH – Awards
The prizes associated with each promotional action will be described in the publicity material associated with each of them, which will identify the nature of the prizes and the number of units.
In general, the prizes will be subject to the following conditions:
– Prizes may not be subject to change, alteration or compensation at the request of the winning participant.
– Winning participants may renounce the prizes obtained, but in no case will an alternative prize be offered, nor will such renunciation give any right to indemnification or compensation.
NINTH – Selection and notification of winners
The formula to be used for the selection of the winner or winners of each promotional action will be described in the corresponding publicity material. Similarly, Bizum may also select a certain number of alternates who would be eligible for the prize in the event that the previously identified winners renounce the prize, cannot be located or do not comply with the conditions described in these Legal Bases and participation requirements that may have been defined.
Once the number of winner(s) applicable in each case has been selected, Bizum, in its capacity as organizer of the promotional action, will contact them through the channel indicated for this purpose and will send them the corresponding Prize Acceptance Document, which they must complete and send in accordance with the instructions indicated in each case.
TENTH – Fraud
In the event that Bizum detects any anomaly or has suspicions that any participant is preventing the normal development of a given promotional action, harming the purposes of the same, or carrying out any fraudulent acts that undermine its development, Bizum reserves the right to cancel the participant or participants involved, all without prejudice to any other legal measures it deems appropriate to take.
ELEVENTH – Waiver of liability
In any of the promotional actions carried out by Bizum, Bizum is exonerated from any liability that may arise due to circumstances attributable to third parties that may affect the development of such actions and, in particular, the delivery of the prizes associated with each of them.
TWELFTH.- Complaints
Any claims arising from the performance of a given promotional action must be submitted within three (3) months from the date of the promotional action.
THIRTEENTH.- Data Protection
| Basic Information on Data Protection |
| Responsible | Bizum, S.L. |
| Purpose | Participation in the promotion, certifying compliance with the participation requirements and, if applicable, communication and management of the awarding of the prize. |
| Data | Name, surname, cell phone number and postal address. |
| Legitimation | Consent of the person concerned |
| Addressees | No data will be transferred to third parties unless required by law. |
| Source | The data are obtained from the data subject |
| Rights | Access, rectify and delete data, as well as other rights, as explained in additional information |
| Additional information | Additional and detailed information on Data Protection can be found on the web portal www.bizum.com/es. |
FOURTEENTH.- Taxation
In accordance with the applicable legislation, the taxation of each of the awards will be regulated based on the following:
– (i) Prizes with a value of more than three hundred and fifty-one euro cents (300.51 €) will be subject to withholding or payment on account of Personal Income Tax (IRPF), which will be made by Bizum, which will bear the amount thereof. Similarly, in due course, Bizum will issue the appropriate certification to facilitate the winning participant’s compliance with their tax obligations.
– (ii) With respect to prizes with a value of less than three hundred euros and fifty-one euro cents (€300.51), Bizum shall not be obliged to apply the withholding on account of Personal Income Tax (IRPF), notwithstanding which, the recipients of such prizes are informed that they are considered as capital gains not derived from transfers, being subject to direct taxation (IRPF), being the responsibility of each of them to comply with their respective tax obligations.
Bizum will not be responsible for the fiscal repercussions that the acceptance of the prizes may have on the taxation of the winners, which will be, in any case, for their account.
FIFTEENTH.- Authorization for use of name and assignment of image rights.
Each of the winners authorizes Bizum to reproduce and use his/her name, surname and image, in the publication of the List of winning participants that Bizum makes, through any support or media (TV, Internet, Social Networks or others) related to the promotional action that in each case corresponds, worldwide and with a temporary duration of two (2) years from the date of acceptance of the prize, without this conferring any right of remuneration or benefit, with the exception of the prize received. The creations that Bizum may elaborate in relation to the publication of this List of winning participants shall be the property of Bizum and it shall be understood that, by virtue of the prize received, the winning participant exclusively assigns all the exploitation rights over the same, to the extent strictly necessary for the development of these creations and provided that this does not imply any modification of the personal data of the winning participant.
Such consent may be revoked at any time by the winners, who must compensate Bizum for any damages caused.
SIXTEENTH – Acceptance of the Legal Basis
Participation in the different promotional actions implies the full acceptance of these Legal Bases and the participation requirements that may be applicable in each case, as well as the acceptance of Bizum’s criteria in the interpretative decisions made by Bizum.
SEVENTEENTH – Modifications
Bizum, in the event of force majeure beyond its control, reserves the right to make any change, suspend, shorten or extend the duration of a given promotional action, undertaking to give such modifications the necessary degree of publicity.
EIGHTEENTH.- Applicable legislation and jurisdiction
The promotional actions that Bizum may carry out shall be governed by current Spanish common law.
For any controversy that may arise from the interpretation and application of these Legal Bases or the participation requirements of a specific promotional action, both Bizum and the different participants expressly submit to the jurisdiction of the Courts and Tribunals of Madrid, without prejudice to the jurisdiction that by law may correspond to the consumer.