TU Latch survey
Telefónica Innovación Digital, S.L.U., with Tax ID. B83188953 and registered office at Ronda de la Comunicación S/N, 28050, Madrid, Spain (hereinafter, "Telefónica"), organizes the promotion "TU Latch Survey - Professional Plan" by means of a sweepstakes among the users of the professional plan - Developers of the TU Latch service (hereinafter, the "Promotion"), in accordance with the provisions of these legal bases (hereinafter, the "Bases").
The territorial scope of the Promotion is worldwide.
The period established for this Promotion shall be from 00:00 hours (Spanish peninsular time) on February 3, 2025 until 23:59 hours (Spanish peninsular time) on February 28, 2025 (hereinafter, "Promotion Period").
Telefónica reserves the right to extend the Promotion Period if deemed appropriate.
All persons who, during the Promotion Period, meet each and every one of the following requirements are eligible to participate in the Promotion:
- Who are TU Latch Developers, or individuals who, as employees, representatives or otherwise authorized users, use the services of the professional plan contracted by a Developer.
- That they complete the survey linked to the Promotion available at the following link https://www.tu.com/es/latch-copiloto-navegacion-segura-prueba-gratis.
- To participate in this Promotion following the mechanics established in these Rules, accepting and complying in full with the provisions of the same.
The mechanics of participation in the Promotion will consist in the mere completion by the Developer of the survey linked to the Promotion, within the Promotion Period and complying with the rest of the established requirements. Upon completion of the survey, the Developer will be entered into a sweepstakes in which he/she may be the winner of the Prize (as defined below).
Telefónica reserves the right to modify the conditions of this Promotion at any time, including its possible cancellation before the end of the Promotion Period, provided that there is, in its opinion, a justified cause, undertaking to communicate with sufficient notice the new bases, conditions or, if applicable, the definitive cancellation in the same way as these Rules.
Participation in the Promotion implies acceptance of these Rules.
The prize/s of the Promotion (“Prize/s”) will consist, individually, of 2 merchandising packs consisting of a backpack, a T-shirt, socks, a padlock and stickers (valued at 43,74€).
Telefónica reserves the right to modify the Prize at its sole discretion for justified reasons for another of similar characteristics of equal or greater value.
The Prize that is the object of this Promotion may not, under any circumstances, be subject to change, alteration or compensation at the request of the prize-winner.
Telefónica will not assume any other type of expense not specified in these Rules, including, in particular, the expenses that may be necessary to obtain and collect the Prize.
The marketing or sale of the Prize is prohibited.
The winner will be selected by means of a completely automatic and random selection mechanism (e.g. using the "RANDOM.ENTER function" in Excel) from among the Developers who have entered the sweepstakes. Two winning Developers and two alternates will be selected.
The selection will therefore be carried out objectively and with total transparency, in accordance with the conditions set out in these Rules, and without any intervention by Telefónica in the selection of the winners.
The Prize will be assigned to the Developer who meets the requirements set forth in these Rules and is the winner of the Promotion. No Developer may win more than one Prize.
The winner will be notified by email to the contact mailbox established in his/her private area or user account. The winner will be notified no later than 7 days after the end of the Promotion Period.
If the winner rejects the Prize or it is not possible to deliver it to him/her, his/her Prize will be delivered to the alternate who is eligible to be the winner, in accordance with the mechanics described above.
If it becomes evident that the winner, and if applicable the alternate, do not comply with the requirements set forth in the Rules, or do not prove what was requested of them, their participation will be considered null and void and they will be automatically excluded from the Promotion, losing all rights to the Prize, which will be awarded to the next alternate who does comply with the requirements set forth in the Rules.
The winner will be contacted by Telefónica and will be asked to provide all the information required for the enjoyment of the Prize.
The maximum time limit for acceptance of the Prize is 7 days from the time of the individual communication from Telefónica. Upon expiration of this period, the affected winner will forfeit his/her prize and it will be awarded to the first alternate, as appropriate.
Acceptance of the Prize does not condition or impose the acquisition of any kind of products or services in addition to those that the winner already has.
Once the winner confirms acceptance of the Prize, as expressed in point eight of these Rules, he/she will be provided with all the information necessary to make the Prize effective or it will be delivered in the form that is appropriate depending on the nature of the Prize.
Telefónica will not pay any travel expenses, per diems, or any other additional expenses that may be necessary to obtain and collect the prize but are not specified in these Rules.
The claim period against this Promotion ends after 24 hours from the day of publication or communication of the winners of the Promotion.
In compliance with the provisions of the applicable regulations on personal data protection, the interested parties participating in the Promotion are informed that Telefónica will be responsible for the processing of the personal data they provide as a result of their participation in the Promotion and acceptance of the prize.
In accordance with the provisions of these legal bases, personal data may be processed for the following purposes and on the basis of lawfulness:
- To allow and manage the participation in the Promotion, which includes the verification of the participation requirements contained in the rules and the due transparency of the development and result of the same, on the basis of the lawfulness of the execution of the legal bases and the consent granted with their voluntary participation.
- Disseminate in Telefónica's internal and/or external media videos or interviews of the winners of the Promotion who voluntarily accept such request from Telefónica, on the basis of the lawfulness of the consent they give.
- Manage the tax formalities that may arise from participation in the Promotion, in accordance with the provisions of these legal bases and on the basis of the legality of compliance with the legal obligations applicable to Telefónica.
The aforementioned information will not be communicated to third parties responsible for the processing by Telefónica, unless the interested participant grants the appropriate consent required or unless it is necessary in compliance with the applicable legal obligations or in the execution of these terms and conditions. The aforementioned information will be kept confidential for the time strictly necessary to manage, process and provide transparency of the Promotion, in accordance with the provisions of these legal bases, and as long as the interested party does not withdraw the consent granted or request its deletion.
The participant will be solely responsible for providing false, inaccurate, incomplete or outdated personal data. In the event that the participant provides personal data referring to interested third parties, he/she undertakes to inform said third parties of the points contained in these rules and, in any case, to obtain from said third parties the corresponding authorizations for the processing of their personal data by Telefónica for the purposes described, holding Telefónica harmless for all damages that may arise from the breach of this commitment.
As applicable, interested participants may exercise their rights of access, rectification, deletion, limitation of processing and portability of data, as well as to withdraw the consent granted at any time, by writing to Telefónica by e-mail to legal@tu.com or by post to Distrito Telefónica, Ronda de la Comunicación S/N, 28050, Madrid, indicating the right to be exercised and putting as subject the name or reference of the Promotion in which they have participated. Likewise, interested participants may contact Telefónica's Data Protection Delegate by writing to DPO_telefonicasa@telefonica.com
Finally, Telefónica informs interested participants of the possibility of filing a complaint with the Spanish Data Protection Agency (www.aepd.es) in the event that they consider their data protection rights have been violated.
The winner will be published on Telefónica's social media profiles.
By the mere fact of participating in the Promotion, the winners authorize Telefónica to use their name and image for advertising purposes exclusively for the purposes of the Promotion regulated herein, as well as for their name and surname to be published in Telefónica's social profiles, without such use conferring any right to any remuneration or benefit, except, if applicable, for the delivery of the prize won.
Likewise, in the event that the participant provides personal data relating to third parties (including the image) must obtain the consent of such third parties to the processing of their data by Telefónica for the intended purpose. Likewise, the interested party must hold Telefónica harmless for all damages that non-compliance with this requirement may cause.
This authorization is also granted for the use of the images, or part of these, in which the participant appears for any other project aimed at promoting the activities of Telefónica, in internal or external media, whether social, commercial, advertising or marketing, and so that they can be exploited in all media currently known and those that may be developed in the future. All of the above with the sole exception and limitation of those uses or applications that could infringe the right to honor, morality and/or public order, under the terms provided in the legislation in force in each country.
This authorization is not limited to a specific time or territory, so Telefónica may use these images, or part of them, in all countries of the world without geographical limitation of any kind.
Telefónica reserves the right to not take into consideration in the Promotion those participants who in its judgment are misusing this or the tools necessary for their participation in the same, who carry out fraudulent or unethical acts or who harm other participants. In the event that Telefónica or any entity that has a contractual relationship with this promotion detects any anomaly or suspects that the normal development of the promotion is being impeded or interfered with, especially by means of technical or computer procedures, or carrying out any fraudulent acts that contravene its transparency, altering by means of robots, or by creating false accounts or other computer procedures, it reserves the right to disregard and even automatically withdraw the Prize from all those participants who have benefited directly or indirectly from this type of fraudulent actions, and may also exercise all the civil or criminal actions that may correspond.
In this sense, Telefónica declares that it has enabled the appropriate mechanisms and technological supports to detect any possible fraudulent, anomalous or fraudulent action that intends to alter the normal participation.
Telefónica reserves the right to cancel or even withdraw the Prize from all participants who contravene these Rules, especially those participants who do not comply with the standards of behavior and decorum required to participate in the Prize event. In the event that participants do not comply with Telefónica's instructions, Telefónica may withdraw the right to the prize even during the period of enjoyment of the prize.
Telefónica is not responsible:
- For services to be rendered by third party companies in connection with the Promotion.
- Incidents arising in the execution of this Promotion due to force majeure.
- For entries lost, damaged, misdirected or received late, whatever the cause.
- For failures or incidents in the telecommunications systems that prevent accessing or operating the Promotion's web page normally.
- Any liability for damages of any kind that may be due to the temporary lack of availability or continuity of the operation of telecommunications networks is excluded.
- For incorrect or inaccurate information, including information provided by entrants, printing errors or any of the programs or equipment associated with or used in the promotion;
- For technical failures of any kind, including, but not limited to, malfunctions, interruptions, disconnections in telephone lines and network hardware or software.
- For unauthorized human intervention at any time throughout the partition or promotion;
- For technical or human errors that may occur in the management of the promotion or treatment of participants;
- For any damage to persons or property that may be caused, directly or indirectly, in whole or in part, by the participation of candidates in the Promotion or the receipt of the Prize or the due or improper use thereof.
- For any physical injury to the participant or third parties arising out of the enjoyment of the Prize.
Telefónica will be responsible for any personal income tax that Telefónica may be required to pay as a result of the delivery of the prizes in kind.
The winners of the prizes will be obliged to provide all their fiscal data and, if applicable, those of their companion(s), to Telefónica so that the latter may comply with all the formal obligations derived from this Promotion.
Telefónica will make available to the winner, within the period legally established for this purpose, the certificates of withholdings made.
The winner will be responsible for complying with the tax and accounting obligations involved in obtaining the Prize. The assignment of the Prize to a third party, or its non-enjoyment without express waiver within the term established for this purpose, does not exempt the winner from the tax and accounting obligations derived from the same.
The law applicable to this Promotion shall be the common Spanish law. In the event of any dispute arising with respect to the validity, effectiveness, interpretation and execution of this Promotion and its Rules, the participants, waiving their own jurisdiction, expressly agree to submit to the jurisdiction and competence of the Courts and Tribunals of the city of Madrid.