Legal basis Raffle

1.- Organising company

CAFES BATALLA 2000 S.L., a Spanish entity, holder of Tax Identification Number B31543259, with address at Polígono Industrial Camí dels Frares Carrer C (3a fase) Parcela 69, N-1, CP 25191 de Lleida for the purpose of notifications, summons and summons to the postal address, hereinafter "CAFÉS BATALLA", is organising a competition called "RAFFLE COFFEE WOMAN + PACK OF EMBOLO COFFEE MACHINE + 2 GLASS COFFEE CUPS"(hereinafter the "Sweepstakes") for the purpose of a commercial action, subject to these terms and conditions (hereinafter the "Terms and Conditions").

2.- Unlinking from Instagram

Instagram does not sponsor, endorse or administer in any way this sweepstakes, nor is it associated with it. The participant and/or user dissociates themselves completely from Instagram and is aware that they are providing their information to CAFÉS BATALLA and not to Instagram. The information provided will be used to manage the participation of the entrant in the prize draw and, if applicable, to communicate and deliver the prize, in accordance with the present legal terms and conditions of the prize draw.

3.- Purpose, mechanics and requirements of the draw

Eligibility, DURATION and SCOPE:

• Participation is free, voluntary and limited to those who meet all the requirements listed below:
• The draw starts on the 14th April 2025 and ends on 28 April 2025 at 12:00h.
• Like, follow and comment by tagging at least two people on the official @batalla_cafes Instagram post of the prize draw that will be published on 14 April.
• Be a natural person.
• Over 18 years of age.
• Only valid for the territory of Catalonia.
• The participant's Instagram profile must be real: it must not contain a false identity. If it is suspected that a participant's profile is not real, he/she may be disqualified from the draw immediately, at the sole discretion of CAFÉS BATALLA.
• If duplicate accounts are detected (or if cheating, deception, etc. is detected), all entries of these profiles will be automatically deleted.
• Not to use this promotion to: disseminate political or religious ideas; promote slander and/or libel against third parties; use violent, obscene or offensive language; publish content different from the promotion mechanics.

REQUIREMENTS to be eligible to win the raffle:

To have fully complied with the requirements set out in the immediately preceding section. Failure to comply with any of the above requirements, in whole or in part, will result in automatic disqualification from participation in the prize draw.

The same person cannot win a prize twice on the CAFÉS BATALLA Instagram page, therefore, the entries submitted must not have won prizes in other competitions, nor previously published in any personal or professional medium, including e-mails.

4.- Mechanics to designate the winner

Once the duration of the draw in these terms and conditions has expired, all valid entries will be collected by CAFÉS BATALLA and will be included in the prize draw.

The winner will be the result of a draw among all the participants who have commented and tagged in the publication, fulfilling all the requirements established in these rules, at the discretion of CAFÉS BATALLA.

The draw will be carried out using a random selection software, by means of APPSORTEOS, which will choose 2 winners and 4 alternates in a correlative way.

The prize will be awarded to the 2 participants who are chosen in the draw among all the participants and who are declared winners, according to the requirements established in these Rules.

5.- Verification of requirements and declaration of winners

Once the 2 winners have been chosen, CAFÉS BATALLA will check that whoever has been chosen meets all the requirements established in these Rules and Regulations and can be declared the winner.

To do so, CAFÉS BATALLA will respond and contact the presumed winner through a direct message on the winner's Instagram profile, informing him/her that he/she is the winner. The participant must respond to this message within a maximum period of 48 hours from the time the comment was made in the Instagram publication with the following information: (i) express agreement and acceptance of the prize or (ii) equally express waiver of the prize (conditional or limited acceptances will not be valid), by means of a direct message to CAFÉS BATALLA.

If the presumed winner renounces the prize, CAFÉS BATALLA will proceed to communicate in the same terms as those described above with the first substitute for the purpose of proposing and, if applicable (if he/she does not renounce in turn) following the steps for the declaration of the winner indicated above.

Likewise, in the event that any of those chosen as presumed winners or substitutes do not respond to the message within the period indicated above or CAFÉS BATALLA considers that they do not meet the requirements to be declared the winner, they will contact the following substitute in order to propose and, if applicable (if they do not resign), follow the steps indicated above for the declaration of the winner.

Once the maximum number of substitutes has been reached, if several or all of them have resigned or do not meet the requirements set out in these Rules, CAFÉS BATALLA may (i) award the prize only to the resulting valid winner or (ii) declare the draw void.

If CAFÉS BATALLA considers it appropriate, the name of the winners may be published by CAFÉS BATALLA on its different digital platforms such as its blog (https://cafesbatalla.com/blog/) or its Facebook and/or Instagram page, in accordance with the provisions of these Rules.

6.- Prize

All participants will be entered into a prize draw for 1 pack of CAFEMUJER coffee (500gr) and a special set of: 1 piston coffee pot, 2 glass coffee cups, 2 coasters, 1 coffee machine, 1 coffee cup, 1 coffee mug, 1 coffee cup, 1 coffee cup, 1 coffee cup, 1 coffee cup, 1 coffee cup, 1 coffee cup, 1 coffee cup, 1 coffee cup, 1 coffee cup.for each of the two winners.

Under no circumstances may the prize be subject to change, alteration or compensation at the winner's request.

7.- Personal data and image rights

The participant declares and declares publicly and solemnly to be the author of the image, or the legitimate holder of the moral and intellectual property rights of the images that he/she inserts in the application or presents in the Sweepstakes, and to have obtained the assignment of these rights or the unequivocal consent of the persons whose image he/she disseminates, including, but not limited to, the rights of reproduction, distribution, transformation, advertising and commercial exploitation, exhibition and public communication.

As such, the participant, by the mere fact of participating in this prize draw and inserting an image, authorises CAFÉS BATALLA to use the image and the name and surname of the participant in any medium and through any form of communication that CAFÉS BATALLA considers appropriate. In particular, CAFÉS BATALLA may use the winning images of the prize draw and the name of the declared winner to communicate the winners in the application itself or in the advertising area of Facebook and/or Instagram or to publish the photographs and testimonials on its websites.

Likewise, as author, owner or legitimate assignee of the rights of reproduction and exhibition of the photographs submitted in the prize draw (hereinafter, the "Photographs"), the entrant grants CAFÉS BATALLA, exclusively, for all and for the maximum time permitted by law, all intellectual property rights -excluding moral rights- over the Photographs, including, but not limited to, the following:

The right to reproduce and obtain copies of the photographs, or parts thereof, by any process and/or means, tangible or intangible;

To exploit the photographs separately or in conjunction with music, sound or images (including their synchronisation);

The right to transform the photographs, including any adjustment, change, arrangement and/or modification thereof, without prejudice to the respect of moral rights;

The right to distribute the photographs by sale, rental, lending or otherwise for both private and public use, including without limitation the right to create, make or produce and distribute any form of consumer products through the use of any printed or recorded material (including, but not limited to, animated books and toys with music and/or lyrics, educational products and other promotional or marketing materials ("merchandising"), interactive and computer products and services (such as CD Rom, computer network products or equipment, computer games, etc.), by sale, rental, lending or otherwise for both private and public use, including without limitation the right to create, make or produce and distribute any form of consumer products ("consumer products") through the use of any printed or recorded material (including, but not limited to, animated books and toys with music and/or lyrics, educational products and other promotional or marketing materials ("merchandising"), interactive and computer products and services (such as CD Rom, computer network products or equipment, computer games, etc.).), whether for sale, hire, loan or otherwise for private or public use;

The right to publicly communicate, publicise and promote the photographs in any technical or technological medium or system, including, but not limited to, cinematographic, non-cinematographic public projection or exhibition, television exploitation (e.g. pay television, free-to-air, cable television, pay-per-view, satellite television, fibre optic, Hertzian waves, wire, microwave (MMDS), digital terrestrial television, etc.), pay television, free-to-air television, cable television, pay-per-view, satellite television, fibre-optic, Hertzian waves, wired, microwave (MMDS), digital terrestrial television, etc.); any form of consumer products through the use of any printed or recorded material (including, but not limited to, animated books and toys with music and/or lyrics, educational products and other promotional or marketing materials ("merchandising"), interactive and computer products and services (such as CD Rom, computer games, etc.), commercial and non-commercial uses, promotions and advertisements, through any technology currently in existence or under research or development;

The right to grant licences to third parties for the performance of any of the above actions.

In accordance with the provisions of the General Data Protection Regulation ("RGPD") and other regulations in this regard, CAFÉS BATALLA informs users of the website ("https://cafesbatalla.com/") that they may voluntarily provide us with personal information either through certain forms for the collection of personal data included in the different sections of the website, and that all this personal data shall be collected in a file, for which the company CAFÉS BATALLA is responsible, as indicated in the corresponding sections of the website.

In connection with this Sweepstakes, it is necessary for the success of the Sweepstakes that the Instagram account data automatically collected from the participants and the data provided by whoever is selected in the sweepstakes are truthful, complete and current, to which the participants undertake to provide.

If the personal details of a winner in the draw are uncertain, false, incomplete or not updated in such a way that the identification of the winner is impossible by reasonable means, "CAFÉS BATALLA" reserves the right to disqualify the winner from the draw, being free of any liability in this regard.

The personal data requested from the winning participant in the promotion of the draw are necessary and obligatory for participation, and will be included in a file owned by CAFÉS BATALLA. They will be processed in order to communicate with him/her and use them for advertising and commercial prospecting purposes, to send him/her information about CAFÉS BATALLA.

The contestant may at any time exercise his/her rights of access, rectification, suppression, limitation of processing, portability and opposition to processing, by writing to Polígono Industrial Camí dels Frares Carrer C (3a fase) Parcela 69, N-1, CP 25191 de Lleida.

8.- Other rules of use

Offensive comments, insults, threats, foul language, degrading content or disqualifications towards our products and services, brands, staff or other members of the community will not be accepted.

Similarly, we will remove or restrict advertising or comments about our competitors, both overt and covert, as we believe that this is not the appropriate place to host this type of information.

The CAFÉS BATALLA team will have the ultimate power to delete any publication that does not conform to the type of content we want.

CAFÉS BATALLA is exempt from any liability in the event of any error in the data provided by the participants themselves that would prevent their identification.

Likewise, CAFÉS BATALLA accepts no responsibility for possible loss, damage, theft or any other circumstance attributable to the courier company that may affect the delivery of the prizes.

CAFÉS BATALLA reserves the right to take legal action against any person who carries out any type of act that could be considered manipulation or falsification of the prize draw.

CAFÉS BATALLA is exempt from any liability for damages of any kind that may be due to the temporary lack of availability or continuity of the functioning of the services by means of which participants take part in the prize draw, or to the lack of usefulness that participants may have attributed to them, and in particular, although not exclusively, to failures in accessing the different pages and sending participation responses via the Internet.

CAFÉS BATALLA reserves the right to make any changes it considers necessary for the success of the draw, when there is just cause or reasons of force majeure that prevent it from being carried out in the manner set out in these Rules.

CAFÉS BATALLA reserves the right to postpone and/or extend the duration of the draw, as well as the right to interpret these rules.

Likewise, CAFÉS BATALLA is exempt from all liability in the event of any of the cases mentioned above, as well as from any liability for damages that may be caused during the enjoyment of the Prize.

9.- Acceptance of the rules

The simple participation in the draw implies acceptance of these rules, so that the manifestation in the sense of not accepting all or part of them will imply the exclusion of the participant and as a result of this, CAFÉS BATALLA will be released from compliance with the obligation contracted with this participant.

BY PARTICIPATING IN THE PRIZE DRAW "PRIZE DRAW COFFEE PACK + PISTON COFFEE MACHINE" I AGREE THAT I HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS, THE PERSONAL DATA PROTECTION POLICY, THE RIGHT TO PRIVACY AND THE RIGHT TO PRIVACY.