1. Purpose of the Contest

    By means of these terms and conditions (‘Terms and Conditions’), Sasmat Retail, S.L., with registered office at Plaza Emili Mira 4, 08022, Barcelona, and holder of tax identification number B-55.670.228 (‘PDPAOLA’), announces this free competition, called Woman’s Day 2023, aimed at users of the Instagram platform (‘Participants’) under the terms described below (‘Competition’).
  2. Participants

    The Competition is open to any Participants who meet all the requirements described below (‘Requirements’):
    1. Be of legal age or, in the case of individuals under 18, attach the express authorization of their legal guardians to the registration form.
    2. Follow the PDPAOLA social media accounts described below.
    3. Be the author and holder of all rights to the work to be created by the Participant in the Competition.
    4. That they accept these Terms and Conditions.
  3. Thematic and operational aspects of the competition

    The Competition will consist of, on the part of the Participants:
    1. Creating a work of art related to the theme presented by PDPAOLA. The works can be of different disciplines such as video, photography, portrait, illustration, painting, collage, ceramics, sculpture, still life, textile, poetry, scenography, dance, etc. (the ‘Work’);
    2. Posting the Work on Instagram stories, tagging the official PDPAOLA Instagram account in the post of the Work, and adding the hashtag indicated by PDPAOLA. For the purposes of tagging the PDPAOLA account on different platforms, it is expressly stated that it is the following:
      1. Instagram: @pdpaola_jewelry
    3. Sending between one and five more images of the Work to the PDPAOLA e-mail address, [email protected], together with an explanation of the Work, the concept it is based on and the message you want to convey through it.
  4. Application period

    Participants may enter the Competition between 15 February and 26 February 2023. The finalists and the winner of the competition will be announced on 8 March.
  5. Prize and Jury

    1. First Prize

      : the Competition shall award the winner (‘First Prize’):
      1. Economic: €2,500 to be spent on the project on which the Work is based (‘Project’);
      2. Exhibition of the Work in a PDPAOLA store: to this effect, it is hereby stated for the record that PDPAOLA reserves the right to exhibit the Work, mentioning its the author, under the following terms:
        1. Duration: The work will be exhibited for 1 month.
        2. Location: PDPAOLA store in Madrid, to be confirmed.
        3. Sending and returning the Work: to be paid by PDPAOLA, with a limit of €1,500.
        4. Graphic material: PDPAOLA reserves the right to include graphic material to accompany the Work such as a brochure, postcard, description or any other material.
      3. Mentoring: PDPAOLA’s founding partner, Paola Sasplugas, will offer the First Prize winner the opportunity to attend a mentoring program to be carried out online through the Google Meet platform. The program will consist of two meetings, namely:
        1. introduction to the Project and mentoring. The objective is to provide technical assistance for presenting, organizing and guiding the Project; and
        2. follow-up after 6 months. The objective is to assess the evolution of the project, possibilities for improvement and final reflection.
    2. Second Prize

      : those Works selected as finalists will receive a €500 gift card to be redeemed at (‘Second Prize’). For the purposes of clarification, finalists will be considered to be those who reach second and third place in the competition ranking.
      First Prize and Second Prize shall be jointly referred to as the ‘Prizes’.
    3. Jury

      : the jury that will evaluate the Works for the purpose of determining the Prizes will be made up of:
      1. Paola Sasplugas, founder of PDPAOLA;
      2. Art Director of PDPAOLA; and,
      3. Graphic Design Director of PDPAOLA.
    4. Prize notification

      : there will be private notification and public communication of the Prizes on the following terms:
      1. Private Notification: the winner and finalists will be contacted at the email addresses they provided in their entry to the Competition between 28 February and 7 March. The winner and the finalists must respond to the notification from PDPAOLA within a period of no more than 48 hours, after which time it will be understood that the person contacted renounces the Prize that would have corresponded to them, with the first substitute becoming the beneficiary.
      2. Public Communication: the Prize winners will be published in the following terms:
        1. Newsletter: information on the Prize winners will be transmitted in writing.
        2. Social media: a pre-recorded video call will be made between Paola Sasplugas and the First Prize winner to communicate the news. The winner may hide their personal details to protect their privacy if they wish to do so.
  6. Image Rights and those of the Works

    1. Rights of the Works

      : the Participants transfer to PDPAOLA all intellectual and industrial property rights derived from the Works submitted to the Competition for their exploitation. Specifically, they transfer the rights of reproduction, distribution (making the works available to the public), and public communication of the Work during the year 2023; PDPAOLA may, once the term has expired, use the Works in its internal portfolios or for any advertising use it deems appropriate.
    2. Right of Paternity

      : PDPAOLA, in due compliance with the moral rights of the Participants, will state their name or pseudonym, or any other mention that expressly indicates the Participant’s authorship of the Work.
    3. Image rights

      : the Participants consent and give their acceptance so that PDPAOLA may proceed to capture and record (image and audio) them throughout the Competition in order to subsequently carry out, by any system, format, procedure, modality or technology, free of charge, partially or totally, all acts of reproduction, public communication, including making available interactively, transformation, including, among others, dubbing and subtitling, and distribution, in any medium or format they deem appropriate, of the final product or resulting recording, during the maximum period of protection established by the current Intellectual Property Law and for its exploitation throughout the world.
  7. Data Protection

    1. Compliance with current legislation

      : PDPAOLA complies with current legislation on the protection of personal data, in particular with regard to Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (‘LOPDGDD’, as it is known is Spanish) and the General Data Protection Regulation (‘GDPR’).
    2. Purpose of processing and legitimization of processing

      : in relation to the personal data to which we may have access as a result of your participation in this Competition, it will be processed for the purpose of managing your participation in the Competition, including the organization, execution and delivery of Prizes from the promotion. This processing is necessary for your participation in the Competition and is carried out on the basis of the relationship initiated by your participation in the Competition.
    3. Legitimizing basis

      : the legal basis for the processing of your personal data is that set out in Article 6(1)(b) of the General Data Protection Regulation.
    4. Rights

      : you may exercise your rights of access, rectification, cancellation, opposition, portability, deletion and limitation of processing, as legally guaranteed by the data controller, and address any queries you may have with the PDPAOLA data protection coordinator, [email protected]. Without prejudice to the above, as a data subject you may lodge any complaint with the Spanish Data Protection Agency or the competent supervisory authority.
  8. Responsibility

    1. Responsibility

      : all Participants in the Competition understand and accept that PDPAOLA is not responsible for any errors, losses or irregularities that may occur when sending the information, caused by interference in communication or any other error or omission resulting from telecommunications, Internet traffic, congestion or connection issues, or any other cause not attributable to PDPAOLA.
    2. Exception

      : PDPAOLA accepts no liability, either directly or indirectly, for any damages or losses arising from participation in the Competition. Furthermore, it cannot be held responsible for any technical, telecommunications, or Internet traffic, congestion or connection issues.
      PDPAOLA is only liable for damages caused by deliberate intent, gross negligence or breach of essential contractual obligations.
  9. Exclusion

    PDPAOLA reserves the right to exclude the offender from the competition without prior notice and prevent them from participating. Any Participant using non-permitted means (e.g. hacker tools, viruses, Trojans, etc.) will be disqualified from participating. Anyone who participates on behalf of third parties (with or without their knowledge or consent) may also be excluded. Participation in the Competition through gaming groups, automated services or professional services is not permitted.
  10. Modification or early termination

    1. Modifications

      : PDPAOLA reserves the right to extend, within the legally established limits, modify, shorten or cancel the promotion if it deems it appropriate to improve its operation.
    2. Terminations

      : PDPAOLA reserves the right to extend, within the legally established limits, modify, shorten or cancel the promotion if it deems it appropriate to improve its operation.
  11. Taxes

    The Prizes awarded in this Competition will be subject to the provisions of the applicable tax or fiscal legislation in force at any given time. The value of the Prizes is in some cases subject to withholding and income tax. For this reason, the winners must provide, prior to receiving the prizes, the necessary information to be able to issue the corresponding tax certificate. In addition to this contribution, the tax implications for the winners are their own responsibility and PDPAOLA is relieved of any further liability. PDPAOLA reserves the right to request ID cards for the purpose of issuing the corresponding tax certificates.
    Participation in the Competition implies full acceptance of these Terms and Conditions.
  12. Disagreement

    In the event of any dispute, claim or controversy, the claims of the Participants must be addressed within the legal period and in writing to PDPAOLA, at the address laid out in the heading of these Terms and Conditions, which, in accordance with current legislation, will, where appropriate, forward the claim to the corresponding agent.
    Each Participant undertakes, in the event of any difficulties that may arise concerning the application or interpretation of the Terms and Conditions, and before taking any contentious action, to try to reach an amicable solution with PDPAOLA.
    These Terms and Conditions are subject to Spanish law.