LEGAL TERMS AND CONDITIONS

TERMS AND CONDITIONS FOR PARTICIPATION IN THE PROMOTION

"BLACK PASSPORT 2023 PRIZE DRAW"

STAYFORLONG, S.L., with registered office at Ronda St. Pere, 17, Barcelona 08010, and with Tax Identification Code B-66460536 (hereinafter "STAYFORLONG" or “ORGANIZER”), will carry out a Promotion called "Black Passport" (hereinafter "the PROMOTION") and which will be carried out in accordance with the provisions of these terms and conditions.

1.- Territorial and temporal scope of the promotion.

1.1 The PROMOTION will take place within the territories in which the company operates: United Kingdom, Ireland, South Africa, United States, Canada, Australia, Denmark, Germany, Austria, Switzerland, Greece, Spain, Finland, France, Belgium, Netherlands, Norway, Romania, Portugal, Poland, Slovakia, Sweden and Turkey.

1.2. The PROMOTIONAL PERIOD shall be from 10:00 a.m. on 06 November 2023 until 19 November 2023 at 23:59 p.m.

1.3. The PARTICIPATION PERIOD shall be from 10:00 a.m. on 06 November 2023 until 19 November 2023 at 23:59 a.m.

2.- Participation.

2.1. Any natural person over 18 years of age (hereinafter, the "Participant(s)" or "User(s)") will be entitled to participate in the Promotion:

2.1.1 Make a holiday accommodation booking on the STAYFORLONG website, for a minimum of 3 nights, in the accommodation and destination of their choice.

2.1.2 Arrive on the STAYFORLONG website via the campaign specific landing page: www.stayforlong.com/landings/black-friday

2.1.3 Are not STAYFORLONG employees or their first degree relatives.

STAYFORLONG reserves the right to ask participants for a document proving their age.

2.2. In the event that any of the persons excluded from participation is a winner, he/she will lose his/her right to obtain the prize, and the prize will be awarded to the next person who meets the valid conditions of participation from among the designated substitutes.

3. Rules of the Promotion.

3.1. All participants who meet the requirements set out in base 2.1. will be entitled to participate in the promotion.

In order to participate in the promotion, the PARTICIPANT must access the landing page www.stayforlong.com/landings/black-friday created for this Promotion, within the Participation period described in point 1.3, and then visit the STAYFORLONG website to finalize the purchase in accordance with the conditions stipulated in base 2.1.  

At the time of confirmation of the purchase, participants must accept the Terms and Conditions contained in the legal bases of the PROMOTION.

3.2. Once the Participation Period has ended, 1 winner will be determined from among all the participants who have fulfilled the requirements of the PROMOTION by means of a draw on the APP SORTEOS platform (https://app-sorteos.com/es/apps/sorteados) to be held on 28 November 2023.

3.3. In the same way, (2) substitutes will be designated in the event that it is impossible to deliver the prize to the winners chosen in the first instance.

3.4. Participation in the promotion implies express and unreserved acceptance of these terms and conditions.

4. Prizes and Fiscality.

4.1. The Prize for the Winner shall consist of:

4.1.1. A Staywallet credit voucher (hereinafter "THE VOUCHER"), (STAYFORLONG specific credit that can only be used on its online platform) of €3,000 (three thousand Euros) or the equivalent exchange rate at the time of the draw in the market currency in which the Winner made the booking. 

4.1.2. An NFT with the STAYFORLONG Black Passport campaign design. NFTs or Non Fungible Tokens (NFTs) are unambiguous representations of assets, both digital and physical, on the blockchain network. They use the same technology as cryptocurrencies, but unlike cryptocurrencies, they cannot be divided or exchanged with each other, but they can be bought and sold.

Terms and conditions:

• THE VOUCHER will be awarded to the winner after the draw and will be valid for 1 year from the date of the draw (28 November 2023) to be used for one or several bookings on the STAYFORLONG website.
• THE VOUCHER can be used for one or several bookings, in the accommodation and destination of the winner's choice.
• THE VOUCHER will be given in the currency of the market in which the winner made the booking that enabled him/her to participate in the draw and can only be used for payments with Staywallet credit in that currency.
• The Staywallet VOUCHER will be issued to the winner at the email address used to make the booking. The winner must have a STAYFORLONG account created and confirmed in order to receive and make use of this prize.
• STAYFORLONG will provide a step-by-step tutorial on how to create a wallet within the blockchain network so that the winner can receive the NFT in his/her account free of charge. If the winner does not accept the prize in NFT or does not respond to STAYFORLONG's instructions within 2 (two) weeks of contact, the prize in NFT will be forfeited and STAYFORLONG will remain the owner of the prize.

4.2. Prizes awarded as a result of participation in games, raffles or random combinations, whether or not linked to the offer, promotion or sale of certain goods, products or services, may be subject to Personal Income Tax. The winner is responsible for knowing the tax implications of receiving the prize. 

In accordance with current regulations*, when the value of the prize exceeds €300, the ORGANIZER will make the corresponding withholding or payment on account on behalf of the winner.

*Law 35/2006 of 28 November, Chapter II, Section 4, which regulates Capital Gains and Losses, and Articles 74 to 76 of the Personal Income Tax Regulations, approved by Royal Decree 439/2007, which regulates the income subject to withholding or payment on account and those obliged to practice them, specifically Article 75.3.f) of the Personal Income Tax Regulations, approved by Royal Decree 439/2007.

In order for the prize to be delivered by the ORGANIZER, the winner may be previously required to sign a letter of acceptance of the prize, authorizing the ORGANIZER to make the corresponding withholding and payment on account on his/her behalf, as required by the legal provisions in force. 

For this purpose, the winner must provide to the ORGANIZER, within a maximum period of 3 calendar days from the time he/she is required to do so, all personal and tax data requested by the ORGANIZER, as well as a photocopy of the ID card, so that the ORGANIZER can carry out the payment of this withholding, otherwise, it will be understood that he/she renounces the prize.

6.- Communication of the winner.

6.1 The ORGANIZER shall communicate to the winner within __2__ working days following the date of the draw, their status as the winner of the promotion. The communication will be carried out by the means of contact that the ORGANIZER is recorded in the registration of participation, with the participants consenting that email is the preferred means of communication with the ORGANIZER, therefore, it is fully valid and effective. Therefore, the User must ensure the availability of this means of communication. In this regard, they may not justify their lack of response in the absence of access to their email account. Nor will they be able to object to the non-receipt of the e-mail, when the sender of the e-mail is aware that it has been properly sent with acknowledgement of delivery of the same.

In the event that the winner is not contacted or refuses the prize, the prize will be passed on to the first alternate, and so on, until the number of reserves has been exhausted.

6.2 Once the winner has been contacted, he/she will be asked to provide all the information necessary for the delivery of the prize, such as the original receipt or receipt of purchase, copy of the user's identification document, residence, document of acceptance of the prize, and those that may be considered necessary for the appropriate checks.

In turn, the winner must accept in writing by replying to the email marketing@stayforlong.com that has been sent to him/her and proceed to send or submit the documentation through the means indicated by the ORGANIZER, within THREE (3) working days following notification of the prize. In the event of not receiving the written acceptance, nor the documentation and information requested within this period, it will be understood that the winner waives the prize, and the ORGANIZER may deliver the same to the first alternate, with whom the same procedure will be followed, and so on in the event that each reserve does not comply with the provisions of these rules.

6.3 Acceptance of the prize must be pure and simple, in writing and in the conditions and form set out in these rules. Any action or communication of waiver of the prize by the winner shall not entitle him/her to any right of indemnification or compensation.

6.4. Accepted the Prize in accordance with the above, the ORGANIZER shall contact the winner within 72 working hours from the date of receipt of the communication of the express acceptance in order to inform the winner of the steps to follow for the delivery of the prize.

6.5. If it has not been possible to contact the winner or, where appropriate, the corresponding alternate within the period established in paragraph 6.1.

6.6. The winners may renounce the prize, but in no case may exchange it for another prize or for the amount in cash.

7.- Reservations and limitations.

7.1. The ORGANIZER is exonerated from any liability in case of any error in the data provided by the participants themselves that would prevent their identification.

7.2. It shall be understood, by way of example, but not limited to, that abuse or fraud occurs when a participant fills out the form using a false identity or identities of third parties without their consent.

7.3. The ORGANIZER is not responsible for possible losses, damage, delays or any other circumstance attributable to third parties that may affect participation in this PROMOTION.

7.4. The ORGANIZER is not responsible for any inappropriate or offensive content that users at their own risk may have made in any support of the Promotion.

7.5. The discovery of any of these circumstances during the PROMOTION will result in automatic disqualification and the prohibition to participate in the PROMOTION, as well as the loss of the prize if it has been awarded. In order to be able to receive the prize, the winner or, where applicable, the reserves, should they have to be used, must meet all the requirements established in these Rules, in particular they must prove that they are of legal age and legal residence.

7.6. The awarding of the Prize is personal and non-transferable, unless prior authorization by the ORGANIZER only. 

7.7. The indication of the winner's personal data shall be mandatory for the management of the Prize. Any false communication of personal data shall entitle the ORGANIZERs of this PROMOTION to disqualify the winner and be able to dispose of the corresponding prize.

7.8. The ORGANIZER informs that it does not perform checks on the veracity of the data, so it will be taken into account, in each case, the data entered by the participant, whether true or not, and shall not be liable for the consequences of such falsehoods or inaccuracies.

7.9. The ORGANIZER reserves the right to make changes that result in the success of the PROMOTION 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.

8.- Consent, Image Rights and Commercial Communications.

8.1. By participating in the Promotion, Participants declare and consent to: (i) accept these Terms and Conditions; (ii) meet all the necessary requirements for the purposes set forth herein; (iii) that the information and/or data provided within the framework of the Promotion are true and accurate; (iv) have all the necessary authorizations and licenses in writing, as provided in these Rules, and/or be holders of all rights (including, without limitation, the rights of intellectual or industrial property, honor, personal and family privacy and self-image or any other nature), and THE ORGANIZER may publish the image and name of the person who has won the Promotion through the media that THE ORGANIZER -without limitation- considers. For this purpose, the winner by accepting the prize automatically authorizes the ORGANIZER to publish their personal data including the image in order to make known to other participants and the general public who have been the winner.

8.2. Participants and particularly the winner authorizes, by the mere fact of participating, the ORGANIZER to reproduce, use and disseminate their name, surname, their image that appears in photography and video, in any edition, modification or advertising and/or promotional activity that is related to this Promotion, all in any medium (including but not limited to, exploitation through the press, radio or television, Internet and Internet for mobile telephony, social networks, without any remuneration or benefit whatsoever, except for the delivery of the prize won in accordance with these rules; social networks) without such activities conferring them the right to any remuneration or benefit whatsoever, with the exception of the delivery of the prize won in accordance with these rules. Participants undertake to be the authors of their own photographs.

8.3. The user who participates expressly assumes any liability incurred with third parties for the creation and publication of the photograph and/or text to participate in the promotion, especially in relation to intellectual property rights and/or image rights that may correspond to third parties who appear in the texts or in the photograph without their express consent, exempting in all cases the ORGANIZER as well as the collaborating companies from any claim in this regard.

9.- Data protection.

9.1. The data of participants in the PROMOTION will be processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, Organic Law 3/2018 and Organic Law 7/2021.

9.2. Responsible: The data provided when participating in the Promotion will be processed by STAYFORLONG SL.

9.3. Purpose: The purpose of the processing is to promote the products and services of STAYFORLONG SL, which can be consulted at www.stayforlong.com, among the participants in the same.

For these purposes, by participating in the Promotion, the participant expressly consents to the processing of their data for the purpose of sending them commercial and advertising information, of a general nature or adapted to their personal characteristics in accordance with their interests, by means of the creation of a commercial profile based on the information provided and by means of automated processing, on the products and services of Stayforlong SL, by post, e-mail, SMS, or any other equivalent means of electronic communication.

In addition, your data will be used for the purpose of managing your participation in the Promotion.

Your personal data will be kept for as long as there is a mutual interest in maintaining the purpose of the processing, or when you exercise your right of deletion, cancellation or opposition.

9.4. Legitimation: The legitimation for the processing of your data is the participation in the Promotion which entails your express consent given for the purposes indicated. The participant may revoke the consent given at any time, without the need to justify their decision, simply by communicating this by any means to Stayforlong Sl by sending an email to marketing@stayforlong.com. In any case, participants are informed that the revocation of their consent during the competition will make it impossible for them to continue participating in the competition.

9.5. Recipients: No transfer of data to third parties is foreseen, except with the express authorisation of Stayforlong SL.

9.6. Rights: The PARTICIPANT may exercise their rights of access, rectification, suppression and opposition of their data at any time. In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defense of claims.

Where technically possible, the data subject may request the portability of his or her data to another data controller.

Such rights may be exercised by each PARTICIPANT, indicating the request in which the request is made, in the following ways:

1. By means of a written and signed request addressed to Stayforlong SL, Ronda Sant Pere 17, third floor, Ref. L.O.P:D., enclosing a photocopy of the applicant's ID card;
2. Sending the application together with a photocopy and/or scanned copy of the applicant's ID card to the e-mail address marketing@stayforlong.com.

Likewise, the PARTICIPANT must inform Stayforlong of any modification of the personal data provided by virtue of this document.

10. Modifications and/or annexes.

10.1. the ORGANIZER of this promotion, reserves the right to make changes that result in the good end of the promotion, modify, extend and introduce annexes relating to the conditions of this promotion at any time and even its possible cancellation, cancellation or suspension, before the closing date of the campaign, pledging to notify in advance the new rules, conditions or if the final cancellation.

11.- Reservation of rights.

11.1. Participation in the promotion implies express and unreserved acceptance of these terms and conditions.

11.2. Failure to comply with any of these rules by the participant will result in immediate disqualification.

12.- Acceptance of the terms and conditions.

12.1. These Conditions of the Promotion are governed by Spanish Legislation.

12.2. Any litigation, discrepancy, question or claim resulting from the execution or interpretation of these Rules and Conditions shall be resolved by the Courts and Tribunals of the province of Barcelona, Spain.

12.3. Miscellaneous: In the event of any possible mis-interpretation of these Rules and Conditions, the Spanish version shall prevail.

ANNEXES:

The ORGANIZER shall not be responsible for circumstances that prevent the enjoyment of the Prize in the event of force majeure or fortuitous event, or for causes that are not attributable to it or that are beyond the control of the ORGANIZER (for example, in Prizes consisting of travel, flight cancellations, lack of valid personal documentation for travel, etc.). In any case, the assumptions previously established in the Terms and Conditions of the portal www.stayforlong.com shall apply.