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ORGANIZING ENTITY AND OBJECT

MARKETGOO INTERNET, S.L., with registered office at Plaza del Botafumeiro, 2, CP: 28110 Algete, Madrid and N.I.F B-83903583 (hereinafter, “MARKETGOO“) makes available to users the legal basis (hereinafter, the “Basis“) governing the contest called Survey users 2024 (hereinafter, the “Contest”) in which a prize will be awarded (hereinafter, the “Prize“) whose conditions will be determined in accordance with the provisions of these Basis.

TEMPORAL SCOPE

The deadline for participation in the Contest will begin on 28 February 2024 at 12:00 hours GMT+1 and will end on 18 March 2024 at 12:00 hours GMT+1, and participants will not be admitted after this deadline.

The winner will be designated 7 days after the end of the Contest.

MARKETGOO reserves the right to suspend, postpone, cancel or modify the duration of the Contest at any time prior to its completion, for justified reasons, which will be communicated by email to the Participants.

PARTICIPATION REQUIREMENTS

Participation in the Contest implies acceptance of each and every one of the conditions set out in these Basis and the acquisition of the status of participant (hereinafter, the “Participant”, the “User” or the “Participants”).
To participate in the Contest, the following requirements must be met:

• Be of legal age.
• Be a MARKETGOO services user.
• Complete the entire survey.
• Fill in the information required by MARKETGOO (email, name and country).

Employees of MARKETGOO or its affiliates, or their relatives up to the second degree of consanguinity, advertising agencies or any company involved in the Contest, suppliers who may be related to the Contest, as well as any person who directly or indirectly may be related to MARKETGOO or involved in the conduct of the Contest, may not participate in the Contest.

The Participant who does not comply with each and every one of the aforementioned requirements may not participate in the Contest. If any Participant is a winner who has not complied with any of the provisions set out in these Basis, such Participant will be excluded from the Contest and will lose the right to obtain the Prize.

In the event that a Participant who does not meet the above requirements become a winner, such Participant will not be entitled to the Prize and the Winning Participant will be awarded to an alternate Participant in accordance with the established criteria.

If the unduly awarded participant does not return the prize, MARKETGOO shall be entitled to take any legal action that may help it to obtain the rightful return of the prize.

Participation in the Contest implies acceptance of each and every one of the terms and conditions set out in these Basis and in the corresponding winner’s declaration, which will be communicated as part of the Contest.
Each Participant guarantees the accuracy of the information provided before or during participation in the Contest, including the data entered in the survey that users must complete in order to participate in the Contest.

Any inaccurate declarations will result in forfeiture of the Prize and the obligation for the Prize to be reimbursed if the information is found to be inaccurate.

MARKETGOO reserves the right not to admit or exclude from the Contest any User who, in the past, has behaved in a manner inconsistent with the Basis, or whose words or actions have hindered or obstructed the correct running of the Contest, or who, in any case, has behaved in a manner that could be considered as abusive, contrary to the general principle of good faith, or contrary to the principles of independence, impartiality or objectivity of the results of the Contest.

DEVELOPMENT OF THE CONTEST AND SELECTION OF THE WINNER

Each User who complies with the requirements and conditions set out above in these Basis and on the established dates, will generate one (1) participation in the Contest. Only one entry per natural person will be admitted.

On the date and time of the start of the Contest, in accordance with the provisions of these Basis, MARKETGOO will send an email with a hyperlink to a survey regarding your use and experience using the product.

Once the survey has been completed, the user becomes part of the group of people taking part in the Contest. Among all the participants, a list of participants will be generated completely randomly and by an independent computer system previously selected by MARKETGOO.

The first Participant to be selected by the random prize allocation system shall be deemed the winner of the MARKETGOO Contest (hereinafter, the “Winning Participant”) and the remainder, in order of selection, the alternate participant (hereinafter, the “Alternate Participant”).

The prize of the Contest will consist of a gift card worth fifty euros (50€), redeemable directly on the Amazon website, whose terms and conditions of use and collection are independent of MARKETGOO and the Participant may consult them through the following link: Gift Voucher and Gift Card Basis of Use – Amazon Customer Service.

COMMUNICATION TO THE WINNING PARTICIPANT AND AWARDING OF THE PRIZE

MARKETGOO will contact the Winning Participant individually within seven (7) days of winning the Prize by private communication via the email address [email protected].

The Winning Participant has forty-eight (48) hours from the date and time of sending the email to contact MARKETGOO for the purpose of proving their identity and, if applicable, accepting the Prize by email to [email protected].

In the event that the Winning Participant has not contacted MARKETGOO within forty-eight (48) hours from the date and time of sending the email, the Winning Participant shall forfeit that status, and MARKETGOO shall declare the first Alternate Participant on the list as the Winning Participant. In the event that there is no Alternate Participant, MARKETGOO reserves the right not to award the applicable Prize to any Participant.

Once the Winning Participant’s details have been verified, MARKETGOO will proceed to send the Prize by email to the Winning Participant within seventy-two (72) hours from the date of the end of the Contest in accordance with the provisions of these Basis.

PROTECTION OF PERSONAL DATA

In accordance with the provisions of the applicable regulations on data protection and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (RGPD) and the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (LOPDGDD), as well as any other regulations that may be applicable to participation in the Contest, the completion of the mandatory survey, the designation of the winning participants, the development of the Contest and the eventual acceptance of the prizes, participants must know and expressly accept the processing of personal data by MARKETGOO, as data controller. The categories of personal data that will be processed will be the following:

• Identity details (name and surname).
• Contact details (e-mail address).
• Country of residence.
• Other information relating to the content of the survey made available to the Participants.

The data will be kept for the time necessary to make the Prize effective and until the legal actions arising from the Contest expire.

The processing of the Participant’s data is based on the fulfilment of the contractual relationship established by the acceptance of these Basis.
The Participant is entitled to exercise their rights of access, rectification, deletion, object, limitation of processing and portability, as well as contact the DPO of MARKETGOO through the following email [email protected].

Similarly, the Participant may file a complaint with the Spanish Data Protection Agency through the following address www.aepd.es, when the person concerned considers that MARKETGOO has violated the rights that are recognized by the Basis of data protection.

TERMS OF USE

The participant undertakes to comply fully with the provisions of these Basis.
Furthermore, participation in the Contest for illegal or unauthorised purposes, with or without a financial purpose, is not allowed. Therefore, the consequences are the sole responsibility of the Participant.

Including but not limited to, the following behaviours or actions are not allowed:

• Impede the normal development of the Contest or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or functioning of the Contest, or by using fraudulent participation methods, by means of any procedure or through any practice that violates or infringes these Basis in any way;

• Participate in the Contest in violation of the rights of any third party or MARKETGOO, or in any way that is contrary to law, good faith, morality or public order.

A Participant who fails to comply with the provisions of these Basis and, in particular, these prohibitions, shall be liable for any claim and for any damages that may arise as a result.

Notwithstanding the foregoing, and even in the absence of any claim, MARKETGOO reserves the right to remove or deny access to the Contest to Participants who fail to comply with these Basis.

LIABILITY AND GUARANTEES

MARKETGOO, as well as any of the entities related to this Contest, shall not be liable for any loss, damage, delay or any other circumstance attributable to third parties or the Internet that may affect the participation in the Contest.
Also, MARKETGOO does not guarantee the availability, continuity or infallibility of the operation of the website or any other mechanisms used to develop the Contest and therefore disclaims, to the maximum extent permitted by Spanish law, any liability for damages of any kind that may be due to the lack of availability, continuity or malfunction of the platform or any other mechanisms used that could affect or prevent participation in the Contest or its normal development.

In the event of any technical or operational failure that hinder the normal conduct of the Contest and, in particular, makes it impossible to determine the Winning Participant, MARKETGOO will terminate the Contest without the Participants being entitled to receive any compensation for this reason.

MARKETGOO shall not be responsible for the opinions, interpretations and conclusions, content, comments and images generated, expressed or shared, acts or omissions of the Participants or third parties to the detriment of law or rights or interests of others, being these responsible to whom to turn in case of any dispute that may arise.

On the other hand, MARKETGOO, its suppliers, subcontractors, partners, agents or distributors shall not be liable for any damages, whether physical or otherwise, that may be suffered by any Contest Participant for any acts or omissions not attributable to MARKETGOO, its suppliers, subcontractors, partners, agents or distributors, during their participation in the Contest.

Although MARKETGOO undertakes to comply with due diligence its obligations under these Basis, it shall not be responsible: (i) for errors in the content and data provided, if any, by the Participants; (ii) for failed attempts to access the websites related to the Contest, or their information or, (iii) for errors or technical failures that may occur when processing the entries.

In any event, if any Winning Participant is found to have engaged in fraud or dishonesty, MARKETGOO reserves the right to exclude or withhold any Prize that may have been awarded. In addition, MARKETGOO reserves the right to remove from the registry any Participant who is suspected of wrongdoing, without any notification to the Participant. MARKETGOO intends that all Users participate on equal terms and with strict respect for the laws, morals, public order, or generally accepted social norms.

By entering the Contest, the Participant acknowledges that he/she has read and accepted this disclaimer and the Basis governing the Contest.

MODIFICATION OR CANCELLATION

In any case, MARKETGOO reserves the right to modify at any time these Basis, without prejudice to make, where appropriate, the corresponding announcement through the media used for the dissemination of the Contest, without thereby assuming any responsibility. Also, MARKETGOO reserves the right to modify the Contest for a cause of force majeure or circumstance beyond the control of the organizer, pledging to communicate with sufficient notice the new Basis and conditions of participation.

Similarly, and provided there is a justified and duly motivated cause MARKETGOO reserves the right to cancel the holding of the Contest. In such a case, and provided that it has not completed the period expressly stated in these Basis, MARKETGOO is not committed to the delivery of the Prize corresponding to the period not held.

In the event that the deadline for holding the Contest has expired, MARKETGOO undertakes to distribute the Prize obtained in accordance with the conditions set out in these Basis for the duration of the Contest. Notwithstanding the foregoing, shall not apply when the cancellation of the Contest is due to force majeure or circumstances beyond the control of MARKETGOO, not being obliged, in such a case, to award and deliver the Prize to the Winning Participant.

MARKETGOO reserves the right to make changes that result in the successful completion of the Contest when just cause or force majeure prevents the completion of the Contest in the manner set out in these Basis. MARKETGOO reserves the right to postpone or extend the period of participation in the Contest.

MARKETGOO reserves the right to cancel, suspend or modify this Contest for legitimate reasons, to change or modify any of the conditions or requirements of these Basis or to replace the prizes or any part of them with another prize of equal value. In all of the above cases, users will be notified in advance via the means used to conduct the Contest.

SAFEGUARD CLAUSE

All the clauses or points of these Regulations must be interpreted independently and autonomously, and the rest will not be affected in the event that one of them is declared null and void by a final court judgement.
In this case, MARKETGOO will replace the clause or clauses in question with one or more that have the effects corresponding to the purposes pursued by the parties in these Basis.

For all matters not established in these Basis, the provisions of the privacy policy and the general terms available at https://www.marketgoo.com shall apply. In the event of conflict between the above texts and these Basis, the latter shall prevail over the former.

APPLICABLE LAW AND CONFLICT RESOLUTION

The current regulations shall determine the laws that should govern and the jurisdiction that should know the relationship between MARKETGOO and the Participants. This notwithstanding, in those cases where current regulations provide for the possibility for the parties to submit to a particular jurisdiction, MARKETGOO and the Participants, expressly waiving any other jurisdiction that may correspond to them, submit to Spanish law and the Courts and Tribunals of Madrid Capital unless the regulations impose a different jurisdiction.