TERMS AND CONDITIONS FOR N26 “SCAN THE CASH” COMPETITION
The entity organizing this competition is [N26 BANK GMBH, Sucursal en España] (N26 España). Its registered address is Paseo de la Castellana 43, 28046, Madrid, Spain, and its tax identification number is W2765098E.The competition will run from 00:00 on Monday, May 10, 2021 to 00:00 on Sunday, May 16, 2021 (the Competition). It is open to all current N26 España customers and any new customers who open an account via their mobile telephone in accordance with the terms and rules set out in this legal basis. Participants are required to accept these terms and rules and comply with them.The Competition is associated with the “Scan The Cash” promotion (the Promotion), the Terms and Conditions of which can be found here.Under no circumstances shall any mention of this Competition on social media (such as Twitter, Instagram, or Facebook) imply any link between these social media platforms and N26 España.1. THE PROCEDURES AND OBJECTIVE OF THE COMPETITIONThe Competition seeks to promote among current and potential customers the financial services provided by N26. Participants who comply with these Terms and Conditions shall be eligible to win the prize described herein.The Competition is associated with the promotion, which is also referred to as “Scan The Cash”. The Competition involves answering the question “what would you do with this €200?” after scanning the QR code on one of the banknotes that participants can find on several online platforms and on the street, if they are not the first person to scan it. The QR code will take participants to a website which will explain the subsequent steps to take and contain the form which must be completed to participate in the competition.2. GEOGRAPHICAL SCOPEThe Competition will run throughout all of Spain, but will involve various banknotes, each with a QR code, being placed around the city of Madrid.3. TIMEFRAMEThe Competition will take place from 00:00 on Monday, May 10, 2021 (“Start Date”) until 00:00 on Sunday, May 16, 2021 (“End Date”). Any entries sent after the conclusion of the stated period will be considered void.4. CONDITIONS OF PARTICIPATIONThe Competition is open, entirely free of charge, to all natural persons over the age of 18 years who are resident in Spain and who hold an active account with N26 España which is not in arrears, or who open an account on entering the competition. In addition, participants must take part in the “Scan The Cash” promotion in accordance with the terms set out here, and not be the first to scan or click on the banknote they have found.All employees, representatives and contractors of N26 España, and of the N26 corporate group to which it belongs, are expressly excluded from this Competition, along with their family members.Participation in the Competition shall be deemed to signify the express and unconditional acceptance of and full compliance with this legal basis, which are the Terms and Conditions of the Competition.Participants who fail to comply with these terms (or any part thereof) may not take part in the Competition. N26 España reserves the right to unilaterally and without prior notice remove any participants from the Competition if it finds them to be attempting to disturb, alter or disrupt, directly or indirectly, the proper running and the normal and lawful course of the Competition.5. COMPETITION PROCEDURESN26 España will publicize the Competition and the instructions through various channels:(i) publications in the press;
(ii) adverts on social networks such as YouTube, Instagram and Facebook;
(iii) profiles belonging to two influencers on YouTube and Twitch;
(iv) promotions on the streets of the city of Madrid; and
(v) business announcements.Participants will have to find one of the many imitation banknotes which will be placed by N26 España in different places (both physical and online). The source of these banknotes may vary depending on the platform on which the Promotion is being publicized:(i) Online advertisements on the YouTube, Instagram and Facebook platforms. Between Wednesday May 12, 2021 and Sunday May 16, 2021, inclusive, N26 España may circulate clickable adverts on these platforms, which will show imitation banknotes on which participants can click to collect the prize.
(ii) Videos published by two influencers. On May 13, 2021, two influencers will publish a video on their YouTube and Twitch channels, in which they will hide four banknotes.
(iii) Imitation €50 and €100 banknotes placed in various streets in downtown Madrid. These banknotes will have a QR code which can be scanned by the participants who find them.Once they have found a banknote, the participant must click on the banknote (if they found it on one of the online channels) or scan its QR code (if they found it on the street). This QR code will take the participant to a website where they will be informed whether they are the first person to claim it.If they are not the first participant to claim the banknote, N26 España will offer them the opportunity to take part in the Competition. To do so, the participant must fill out a form on Google Forms. They will be asked to answer the question “what would you do with this €200?”.N26 España will select one winner from among all the participants according to the creativity of the answer given and, after confirming that the participant has complied with the conditions set out in these terms, will notify them that they have won.6. SELECTION OF WINNERSThe winner shall be the participant who, according to the judgement of N26 España, provides the most creative and original response to the question “what would you do with this €200?”.Once it has been confirmed that the participant has complied with the conditions set out in these terms, they will be notified of their win on May 31st 2021 by means of electronic communication to the email address they provided.N26 will ask the winner to identify themselves to verify that they are an N26 customer as per the Terms and Conditions. If it is not possible to contact the winner, or they do not reply to the message with the requested details within 48 hours of being informed, they will be disqualified. If this occurs, they will forfeit the prize and not receive any winnings. Another participant will be selected as an alternative winner.7. PRIZEAs a prize, a code will be awarded to the participant which will allow them to upgrade their account to a N26 Metal account, and they will receive a cash prize of €200.The prize is non-negotiable and non-transferable and it may not be substituted for a similar prize. The prize shall not include any other benefit, expense or service different from those expressly mentioned in these terms. Therefore, any benefit or service not expressly mentioned in these terms shall be at the participant’s expense.Any prize may be subject to taxation in accordance with the applicable legislation. These taxes shall be borne by the winning participant.8. TRANSFER OF RIGHTSParticipants shall exclusively transfer all exploitation rights over the comments and answers submitted for their participation in the Competition, including, without limitation, the rights of use, reproduction, distribution, modification, public communication and of making available, for everyone, in any form deemed appropriate and to the maximum extent possible, in any form and in all media, separately or jointly with any other work or material, making any changes, modifications, improvements or updates, during the maximum term of protection, for the purposes of promoting N26.All entries must be sent by the original author of the response to the question asked. For these purposes, the participant certifies that (i) they are the original author of their entry, (ii) they comply with all the requirements stipulated in these Terms and Conditions, (iii) their entry is original and (iv) it does not violate the copyright of any third party or infringe on any law or rights of third parties, nor does it contain references which N26 may deem obscene, vulgar, defamatory, violent, or to be of a commercial, ideological, religious or similar nature, nor does it include telephone numbers, personal addresses, URLs or any other information which allows the identification of persons, brands or companies; nor does it contain racist, sexual or religious references or suggestions that, according to the judgement of N26 España, may be considered inappropriate, improper or offensive.Any entries that N26 considers inappropriate or offensive, or which do not comply with the above requirements and the guarantees described in Section 8.3, will be disqualified.9. PERSONAL DATABy entering this Competition, all participants have been informed that N26 España, as Data Controller, will handle personal data of participants in the Promotion, for the purposes of managing their participation in the Promotion in accordance with these Terms and Conditions including, but not limited to, verification that participants fulfil the conditions of participation, selection of winners, delivery of the prizes and for contacting participants.The legal basis for the data handling is the consent of the participant demonstrated by their participation in the Promotion, the operation of the Promotion according to the specified Terms and Conditions, as well as the fulfilment of any applicable obligations, with the data handling being strictly necessary for the purposes specified above.The personal data will be handled during the period of the Promotion and, after its conclusion, for the time necessary to deliver the prizes and run the Promotion. In any case, the data will be kept, even after the end of the relationship with the participant, only as long as is necessary to respond to possible obligations or as otherwise legally required.The only third parties that will be able to access the personal data of the participants will be those with which N26 is contractually bound for the provision of auxiliary services, or those whose access is required by law (banks, entities of the Tax Agency), as part of legal proceedings, or for the investigation of suspicious activity.All participants may exercise, in the terms provided for in the applicable legislation, their rights to access, to rectification and erasure of their personal data, as well as their right to request the restriction of the handling of their personal data, their right to object to the same and their right to data portability. These rights may be exercised by contacting N26 at the address provided above, or by email, addressed to datenschutz@n26.com, clearly indicating the right which is to be exercised. Participants may also make a complaint to the relevant data protection authority.Participants warrant that the information they provide in connection with the Promotion is correct and has been obtained, prior to their inclusion, in accordance with the applicable data protection regulations. It is the participant’s responsibility to notify of any alterations. Incomplete entries and those with erroneous or false data will be void.10. GENERAL PROVISIONS10.1. Availability of the Terms and Conditions of the PromotionThese legal bases will be available on the N26 website, on the website to which participants are directed after scanning the QR code on a banknote and in each of the means of communication used in the Promotion, to anyone who wishes to consult them and for the duration of the Promotion.10.2. AmendmentsN26 España reserves the right to make amendments to these terms and conditions and to add annexes concerning the competition procedures and the prizes involved, insofar as these are justified and do not prejudice the participants, and that they are properly communicated during the course of the Promotion.
N26 España reserves the right to cancel, amend, postpone or suspend the Promotion for any reason by communicating it in advance through the channels mentioned above.10.3. Representations and warrantiesParticipants in the Promotion warrant that they are over the age of 18 at the time of entering the Promotion and that they fulfill each and every requirement set out in these terms. In terms of the content of the responses given in the Competition, the participants hereby warrant to N26 España and any other third party the following:
That they are the owner of their entry, and that it is original and does not violate the rights of any third party, whether they are natural or legal persons.
That the entry does not violate any laws or provisions related to the rights to privacy, one’s image and dignity, rights to intellectual or industrial property or the like, nor does it infringe upon the rights of any third party, whether a natural or legal person or entity and, in particular, that, in the judgement of N26 España, (i) it does not contain obscene, vulgar or defamatory references or references to violence, (ii) it does not include references or allusions to commercial products, or ideologies of a religious, political or similar nature, (iv) it does not include telephone numbers, private addresses, URLs or any other information which would enable the identification of persons, brands or companies and (v) it does not contain racist, sexual or religious references or allusions which, according to the criteria of N26 España, could be considered inappropriate, improper or offensive.
The participant shall be liable before N26 España or any third parties for the content of their responses, holding N26 España and any third parties harmless against any lawsuit or claim that may be filed by third parties in connection with the statements in question.
N26 shall bear no liability of any kind, whether direct or indirect, as a result of entries that are incomplete, received late, lost or invalid, that have been modified in any way or that do not arrive correctly at their intended destination for any reason, such as technical error, or any other type of error which may occur in the course of processing the entries.N26 España shall not be liable for non-compliance with, or any delay in compliance with, its obligations in the event of acts, omissions or circumstances that are outside of the reasonable control of N26 España and which may impede the compliance of N26 España with the Terms and Conditions.N26 España is excluded from any liability for damages of any kind that may arise due to the temporary unavailability or erratic functioning of the networks and IT systems or social networks on which the Promotion is run.10.4. Applicable law and jurisdictionAny dispute from participants concerning the interpretation of these terms shall be governed by Spanish law (ordinary civil law), and the Courts and Tribunals of Madrid (Spain) shall be the competent courts to adjudicate any claims that may arise, without prejudice to any other jurisdiction to which they may have recourse.