TERMS AND CONDITIONS OF THE "ON BOARD EXPERIENCE" OUIGO ESPAÑA, S.A.U. PRIZE DRAW

FIRST - ORGANISING ENTITY, PURPOSE, TEMPORAL AND TERRITORIAL SCOPE AND PARTICIPANTS

The organiser is OUIGO ESPAÑA, S.A.U. (hereinafter "OUIGO"), with registered office at Calle Alfonso XII No. 62, 28014-Madrid and tax identification number A-88269972.
The prize draw (hereinafter the "Prize Draw") will be nationwide and will be conducted among the participants in the OUIGO online survey "Onboard Experience" (hereinafter the "Survey") who meet the conditions set out in these terms and conditions. The Survey will start on the day determined by OUIGO and the participation period will be two (2) weeks. The Survey will be accessed via an email sent by OUIGO. The purpose of this Sweepstakes is to encourage participation in the Survey.
Should it be necessary to modify, extend or repeat the Prize Draw for reasons beyond OUIGO's control, this will be communicated by e-mail to the participants. Participation in the prize draw is free of charge.

SECOND - LEGITIMACY AND PARTICIPATION MECHANISM

All individuals over 18 years of age who are legally resident in Spain and have completed the Survey in its entirety within the participation period set out in these terms and conditions may participate in the Prize Draw. The holders of the e-mail address to which the Survey is sent and who complete it in its entirety will be automatically included in the Prize Draw. By participating in the Survey, participants accept the terms and conditions of the Prize Draw. If any participant in the Survey does not intend to participate in the Prize Draw, he/she must inform OUIGO prior to the date on which the Prize Draw is to take place. Only one participation in the Survey, and therefore in the Prize Draw, will be accepted per person.
Employees of OUIGO and employees of companies involved in the Survey or the Prize Draw or their respective second-degree relatives, as well as persons under 18 years of age and non-residents of Spain, are not eligible to participate in the Prize Draw.
In the event that any one of the persons excluded from participation is the winner, he/she will lose their right to obtain the prize which will be awarded to the next person who fulfils the valid conditions of participation designated as an alternate.

OUIGO is not responsible for any incident that may prevent participation in the Survey and/or the Prize Draw. Likewise, the organisation will not provide data service connectivity nor will it be responsible for any operator incident that may prevent participation. 

THIRD - SELECTION OF WINNERS: PRIZE DRAW

The draw will be carried out by anonymising the data of all participants who have fulfilled the above requirements and choosing two (2) of them at random. It will take place no later than thirty (30) calendar days after the end of the deadline for participating in the Survey. OUIGO reserves the right to change the date at its convenience, provided that there are justified reasons.

If any of the winners rejects the prize or does not comply with the conditions of these rules, a new draw will be carried out under the same conditions to select the substitute(s).

FOURTH - PRIZES

Each winner will receive a prize consisting of one (1) non-refundable voucher worth two hundred and fifty euros (€250) for the purchase of OUIGO tickets on the OUIGO website (ouigo.com/en) or app until 31 December 2024, for travel until 29 June 2025. Said voucher will only be applicable for the ticket price (not for options, extras or package supplements). Vouchers cannot be combined with other promotions, offers or commercial discounts.

Without prejudice to the cancellation of the draw, in the event of force majeure or for reasons beyond its control, OUIGO may substitute the aforementioned prizes for others of equal or greater value/characteristics for justified reasons. Under no circumstances may the prize be exchanged for its cash value or for a different prize. The marketing and/or sale of the prize directly or indirectly and by any means whatsoever is prohibited.

FIFTH. - COMMUNICATION TO THE WINNERS AND AWARDING OF THE PRIZE

Once the two (2) winners have been selected, OUIGO will contact them by email and inform them how to access the prize. If any of the winners rejects the prize or does not comply with the conditions of these terms and conditions, the same will apply to the substitutes, and the prize may be declared void. By participating in the Prize Draw, participants authorise OUIGO to contact them by e-mail in the event that they are the winners. No other type of communication will be made, unless it is necessary for the fulfilment of a different purpose and with an adequate basis of legitimacy for it.

SIXTH. - FRAUD

In the event that OUIGO or any entity that is professionally linked to the Prize Draw or Survey detects any anomaly or suspects that a participant is altering the normal development of the Prize Draw or the Survey, illegally altering his/her registration or participation by means of any technical or computerised procedure in order to falsify his/her participation, it may unilaterally remove the registration of that participant. In this regard it is important to add that the organiser has enabled the necessary technological support to detect any possible fraudulent, anomalous or deceitful action intended to alter the participation with the aim of unlawfully obtaining the prize. Therefore, the organiser reserves the right to remove from the register any participant who evidences or is suspected of dishonest behaviour as described above.

SEVENTH - ACCEPTANCE OF TERMS AND CONDITIONS AND COMPLAINTS

By the mere fact of participating in the Survey, participants accept the terms and conditions of the Prize Draw (available at https://www.ouigo.com/es/bases-legales-sorteo-encuesta) and the organiser's discretion as to the resolution of any issues arising from the Prize Draw. 
The Prize Draw claim period ends one month after the date on which the Prize Draw takes place.

EIGHTH - DATA PROCESSING

In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council dated 27 April 2016 on the protection of individuals in relation to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) as well as Organic Law 3/2018 of 5 December on Data Protection and Guarantee of Digital Rights (LOPDGDD), OUIGO ESPAÑA, S. A.U. informs participants that their personal data will be processed for the management and development of the Prize Draw as well as, where appropriate, for the verification of compliance with the rules, the selection of winners and the delivery of the prizes to the winners.

Participants declare and guarantee that all personal data provided to OUIGO is true, accurate, current and corresponds to their identity.

The processing of the data is legitimised on the basis of the execution of the promotional relationship established with OUIGO, and is processed by OUIGO for the purpose of managing the registration and participation in the Prize Draw as well as for the effective delivery of the prize in the event of winning. The collection of personal data is necessary for the purposes indicated above, so that any opposition by the participant would make it impossible to participate in the Prize Draw as the processing of his/her data is a contractual requirement.

At any time, participants may exercise their rights of access, rectification, deletion and opposition, portability and limitation of processing, as set out in the RGPD (EU) 216/679 and LOPDGDD, by sending their request by e-mail to data @ouigo.es under the Data Protection subject or in writing to the above address of OUIGO ESPAÑA, S.A.U., to the attention of data @ouigo.es. 
The period of conservation of the winners' data will be the period necessary for the process of validation and dispatch of the prizes as well as, if applicable, the period of prescription of the legal obligations in tax matters. 
OUIGO shall implement the necessary technical and organisational measures to ensure the security and confidentiality of participants' personal data, protecting them against unauthorised or unlawful processing and against accidental loss, destruction or damage in accordance with Article 32 GDPR. Once these purposes have been fulfilled, the data will be kept exclusively for the period of time necessary to allow the organiser to exercise its right of defence in the event that either it claims or is claimed against it for any kind of liability arising from its participation in the prize draw. This period of time will be the equivalent of the statute of limitations for any actions and liabilities that may arise from the relationship between you and the organiser. In case of disagreement, a complaint may be lodged with the Spanish Data Protection Agency.

NINTH.- LIABILITY

OUIGO shall not be liable for delays, loss or damage for reasons for which it is not responsible. Nor shall the organising company be liable for cases of force majeure (such as strikes, cancellation of traffic by ADIF, restrictions on traffic or seats imposed on the railway operator, restrictions on personal mobility or in the places of residence of the participants, etc.) or causes beyond its control that could prevent the winner from enjoying all or part of their prize, without prejudice to its possible liability as the railway company, if applicable. The organising company will be exempt from all liability in the event of any of the above cases, as well as from any liability for damages that may be caused during the enjoyment of the prize.

OUIGO excludes any liability for damages of any kind that may be due to the temporary lack of availability or continuity of the operation of the Internet, telephone networks or the defrauding of the usefulness that users may have attributed to the same and, in particular, although not exclusively, to failures in accessing the different pages and sending participation responses through the platform with which the Survey is carried out.
OUIGO shall not be held liable in the event of malfunctioning of the electronic communication networks that prevent the normal conduct of the Survey and/or the Prize Draw for reasons beyond OUIGO's control and in particular for external acts of bad faith. Likewise, OUIGO shall not be liable for transmission problems or loss of data not attributable to OUIGO.

TENTH. - TAXATION

Law 35/2006 dated 28 November, approving the Personal Income Tax and partially amending the Corporate Income Tax, Non-Resident Income Tax and Assets Tax Laws shall apply to the prizes of the Draw; Royal Decree No. 2004/2009, amending its Regulations; Royal Decree No. 1003/2014, dated 5 December and tax innovations introduced by Royal Decree 633/2015, dated 10 July; First and Third Transitory Provisions of Law 13/2011 dated 27 May, on the Regulation of Gambling; the first additional provision of Law 25/2009 dated 22 December 2009, amending various laws to adapt them to the Law on free access to service activities and their exercise, and article 48, section 6, and section 7, number 12 of Law 13/2011 dated 27 May 2011 on the Regulation of Gambling; Order EHA/388/2010 dated19 February, which approves the tax on bets and random combinations, self-assessment, determines the place and form of presentation and establishes the conditions and procedure for its telematic presentation and other concordant provisions issued in its development, whereby, where applicable, the commercial entity OUIGO shall be responsible for making the payment on account or the applicable withholding from the Personal Income Tax (hereinafter IRPF).

In accordance with the aforementioned regulations, participants in this promotion are informed that prizes awarded for participation in games, competitions, raffles, or random combinations linked to the sale or promotion of goods or services are subject to personal income tax withholding or payment on account whenever the value of the prize exceeds 300 euros. For these purposes, the market value for prizes in kind is equal to the acquisition value, increased by twenty percent (20%), as established in article 105.1 of the aforementioned Royal Decree 439/2007, of 30 March, which approves the Personal Income Tax (IRPF) Regulations.

OUIGO shall be responsible for the amount corresponding to the income tax deduction on account of the value of the prize. However, it is the winner's responsibility to incorporate both the amount of the value of the prize and the amount of the payment on account not charged on his/her annual income tax return. OUIGO informs the winner that, depending on their income level, the inclusion of the value of the prize and the payment on account in their tax return could lead to an increase in the amount to be paid for personal income tax. OUIGO shall under no circumstances be liable for any incorrect tax declaration made by the winner of the prize. 

ELEVENTH - APPLICABLE LAW

These rules of participation are governed by Spanish law. Any litigation, discrepancy, query or claim arising from the execution or interpretation of these rules will be resolved by the courts and tribunals of the winner's domicile, to which the parties submit themselves, renouncing any other jurisdiction to which they may be entitled.