We are Malencia, Sociedad Limitada (hereinafter, MALENCIA), with registered address at Puig i Xoriguer 7 AT 3, CP 08004 Barcelona (Spain) and Tax ID No. B16840753, are organizing the free Giveaway called "ESDLB Live - La Gira Inversa (IG)" (hereinafter, the "Giveaway") on the dates indicated below, which will be governed by these legal terms and conditions (the "Legal Terms and Conditions").
02.00. Timeframe
The period to participate in the Sweepstakes will begin on Thursday, March 13th, at 12:01 a.m. (GMT/UTC+01:00 according to the Spanish time zone (Brussels, Copenhagen, Madrid, Paris)) and will end on Friday, March 21st, the last day of each calendar month, at 11:59 p.m. (GMT/UTC+01:00 according to the Spanish time zone (Brussels, Copenhagen, Madrid, Paris), both inclusive).
3:00. Territorial Scope of the Sweepstakes
The Sweepstakes will be valid throughout Spain.
4:00. Nature of the Sweepstakes
Participation in the Sweepstakes is free and will be conducted under the open-entry lottery system by MALENCIA.
5:00. Requirements and Conditions of Participation
All natural persons over 18 years of age, legally resident in Spain, who meet all other conditions may participate in the Sweepstakes. The participant must provide proof of ownership by submitting a photo of the N26 verification email showing the date of opening and ownership, or by providing a valid bank account.Note: Any user may open a bank account with N26 starting in March 2025 using the code "ELSENTIDON26." If the user makes any payment from their account for an amount equal to or greater than €20, N26 will deposit €20 directly into their account*. If the user makes at least 10 payments with their N26 card linked to the account during the first 30 days from the date of opening, they will receive an additional €30*. This code will be temporarily available from March to August 2025, unless N26 expressly and formally extends its validity, which will be announced and added to these rules.
Record a video proposing a topic for the next ESDLB Live, explaining why the proposed topic should be discussed.
Follow ESDLB on Instagram and like the giveaway post.
Participation in the Giveaway implies that the participant meets the established requirements and respects and complies with the required conditions.
06.00. Limitation of Participation
Partners, employees, independent contractors, directors, and agents of MALENCIA, its suppliers, sponsors, and agencies directly related to the Sweepstakes, as well as their immediate family members, domestic partners, or persons in a similar relationship, are not eligible to participate in the Sweepstakes. Participants may only participate once in each monthly Sweepstakes.
07.00. Prizes
The following prizes will be awarded:
2 tickets to the ESDLB Live show of the Winner's choice during the months of March 2025 to March 2026, inclusive, always with respect to shows confirmed with date and location.
1 prize of €500, which will be paid into the Winner's N26 bank account.
Hereinafter referred to as the "Prizes" or, individually, as the "Prize."
The Prizes may not be changed, altered, or compensated for in any way at the request of the winning participant. Winning participants may waive their prizes, but under no circumstances will an alternative prize be offered, nor will such waiver entitle them to compensation or indemnity. The prizes cannot be exchanged for cash or other goods or services, except for the sum of €500, which will be delivered by bank transfer to the N26 account indicated by the winning participant. The winners of each Raffle will be randomly selected from among all those who meet the conditions for participation. One winner will be chosen for each prize.
8:00 Raffle Mechanics
The Raffle will be held on the first business day following the participation period indicated above for each monthly Raffle. The winners of each Raffle will be randomly selected from among all those preselected by the Malencia / ESDLB team, through the AppSorteos or Sortea2 applications, among those who meet the conditions indicated above.
9:00 Announcement and Prize Delivery
The winner's announcement will be published on ESDLB's Instagram profile (@elsentidodelabirra) on the day of the Raffle. If the winner does not contact MALENCIA at our email address info@malencia.es within three (3) calendar days of the announcement, they will forfeit the Prize. If the winner does not contact MALENCIA or expressly declines the Prize for any reason, they will automatically forfeit the Prize. The tickets will be sent to the Winner at the address indicated, and the cash prize will be deposited into the N26 bank account designated by the Winner.
10:00 Fraudulent, Irregular, or Deceptive Conduct
In the event that MALENCIA or any other entity commercially linked to this Giveaway detects any anomaly or suspects that any participant is impeding the normal operation of the Giveaway, harming its purposes, or carrying out any fraudulent acts that threaten its operation, MALENCIA reserves the right to remove the participant or participants involved, without prejudice to any other legal measures it deems appropriate. If it is found that any participant does not meet the requirements set forth in the Rules, or the data provided to participate is invalid, their participation will be deemed void, and they will be automatically excluded from the Promotion, losing all rights to the prizes awarded under this Promotion. In this regard, MALENCIA has enabled the necessary technological support to detect any fraudulent, irregular, or deceptive conduct that attempts to disrupt the normal operation of this Giveaway.
11.00. Disclaimer of Liability
In this promotion, MALENCIA or any other entity professionally or commercially associated with this Giveaway is exempt from any liability that may arise from any circumstance attributable to third parties that may affect the conduct of the Giveaway and, in particular, the awarding of the Prizes. Likewise, the entities described will not be liable under any circumstances for any direct, indirect, and/or incidental damages of any kind, whether immediate or deferred, that may arise during or as a consequence of winning the Prize.
12.00. Claims
Any claims arising from any Monthly Giveaway must be submitted within three (3) calendar days following the date of the Giveaway.
13.00. Data Protection
Participants' personal data will be processed in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD).
Participants expressly authorize MALENCIA to process their personal data for the purpose of managing their participation in the Raffle, communicating the results, and awarding the prize.
Data Controller
We are Malencia, S.L.
Tax ID No. B16840753
Registered Office: Puig i Xoriguer 7 AT 3, CP 08004 Barcelona (Spain)
Contact: info@malencia.esb) Purpose
Participation in the Raffle, certifying compliance with the participation requirements and, where applicable, communicating and managing the awarding of the Prize, as well as publicizing the winners and complying with legal tax obligations.Personal data processed
Name, surname, username, mobile phone number, email address, and bank account information, as well as any other data we may additionally request to comply with these legal bases and obligations.d) Legal Basis
Consent of the interested party and execution of commitments made.Recipients
Data will not be transferred to third parties except under legal obligation.Origin
The data is obtained from the interested party.International transfers
No international data transfers are initially planned.Retention period
The data will be retained for the time necessary to fulfill the purpose for which it was collected and for the legally or contractually required periods to meet any obligation or liability, in accordance with the terms reported above.Rights
The user may exercise their rights over their personal data, in particular, those of access, rectification, objection, deletion, portability, revocation of previously granted consent, or restriction of processing, by emailing privacidad@malencia.es.Additional Information
You can consult additional and detailed information on Data Protection on the website www.malencia.es
14.00. Taxation
In accordance with applicable legislation, Prizes awarded with a value greater than three hundred euros (€300) are subject to Personal Income Tax (IRPF) withholding or payment on account, which will be applied by MALENCIA. Likewise, at the appropriate time, MALENCIA will issue the appropriate certification to facilitate the winning participant's compliance with their tax obligations. Consequently, the €500 prize is subject to a 19% Personal Income Tax withholding according to the Personal Income Tax Law. MALENCIA will be responsible for the withholding and corresponding declaration to the Tax Agency. Conversely, with respect to Prizes awarded with a value less than three hundred euros (€300), MALENCIA will not be required to apply the Personal Income Tax withholding. However, recipients of such Prizes are informed that they will be subject to direct taxation. Consequently, in the case of tickets, since they do not exceed €300, they are not subject to tax withholding. MALENCIA will provide the winner with the corresponding withholding certificate for tax returns.
15.00. Authorization to use name and transfer of image rights
The winner authorizes MALENCIA to publish their name and/or image on official communication channels (social media, website, etc.) for the sole purpose of providing transparency regarding the results of the Giveaway. Each Winner authorizes MALENCIA to publicly communicate, reproduce, and use their name and image in any advertising or promotional activity related to the Giveaway, on any medium or media (Internet, Social Media, or others), and throughout the world, without this conferring any right to remuneration or benefit, except for the Prize received. Any creations, regardless of their format, that MALENCIA may create for the aforementioned purposes will be the property of MALENCIA.
16.00. Acceptance of the Legal Terms and Conditions
Participation in the Sweepstakes implies full and unreserved acceptance of these Legal Terms and Conditions, as well as acceptance of MALENCIA's judgment in any interpretations thereof. Failure to comply with these terms and conditions will result in automatic exclusion from the Sweepstakes and prizes. If MALENCIA detects any anomaly or suspects that a participant or a third party is impeding, altering, or hindering the normal and proper conduct of the Sweepstakes, it may unilaterally exclude the participant from the Sweepstakes. If fraudulent use of the Sweepstakes is detected, the organizing entity may modify these terms and conditions in any relevant way to ensure the proper functioning of the Sweepstakes. Any questions, queries, or disputes arising in relation to these terms and conditions and the Sweepstakes will be resolved by the management of the organizing entity. Participation in this Sweepstakes implies express submission to the interpretations made by the organizing entity.
17.00. Modification or Cancellation
The organizing entity reserves the right to modify or cancel the sweepstakes for justified reasons, without giving rise to any claim. In the event of force majeure beyond its control, MALENCIA reserves the right to make any changes, suspend, shorten, or extend this Sweepstakes, and undertakes to give such modifications the same level of publicity as these Legal Terms and Conditions. The organizing entity is exempt from any liability if, due to unforeseen circumstances, force majeure, or legal imperative, the Sweepstakes is cancelled or suspended.
18.00. Applicable Law and Jurisdiction
This promotion will be governed by the provisions of these rules and, insofar as they are not provided for herein, by the applicable Spanish law contained in the Civil Code, the Commercial Code, special laws, and commercial usage. For any dispute that may arise from the interpretation and application of these Legal Bases and in relation to the Raffle, both MALENCIA and the participants of this Raffle expressly submit to the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain), without prejudice to any jurisdiction that may apply by law.