FIRST. - ORGANISING COMPANY, PURPOSE, TIME FRAME, TERRITORIAL SCOPE AND PARTICIPANTS
The organising company is OUIGO ESPAÑA, S.A.U. (hereinafter, “OUIGO”), with registered office at Calle Alfonso XII, 62, 28014 Madrid, and Tax ID number A-88269972.
The prize draw (hereinafter referred to as the ‘Draw’) will be held nationwide. It shall be conducted among participants in OUIGO’s online ‘APP’ survey (hereinafter referred to as the ‘Opinion Survey’), subject to the conditions set out in these rules. The survey will begin on 19 June 2025 and will remain open for two (2) weeks. The Survey will be accessed via an email sent by OUIGO. The purpose of this Draw is to encourage participation in the Survey.
Should it be necessary to modify, extend or repeat the Draw for reasons beyond OUIGO's control, participants will be notified by email. Participation in the Draw is free of charge.
SECOND. – LEGITIMACY AND PARTICIPATION MECHANISM
All individuals over the age of 18 who are legally resident in Spain and have completed the Survey in its entirety within the participation period specified in these rules are eligible to participate in the Draw. Holders of the email address used to send and complete the Survey in full will be automatically included in the Draw. By participating in the Survey, participants accept the terms and conditions of the Draw. If any participant in the Survey does not intend to enter the Draw, they must notify OUIGO before the date on which the Draw is held. Only one entry in the Survey and, therefore, in the Draw will be accepted per person.
OUIGO employees and those of companies involved in conducting the Survey or the Draw, as well as their respective second-degree relatives, minors under the age of 18 and non-residents of the United Kingdom, are not eligible to participate in the Draw.
If any individuals excluded from participation are selected as winners, they will forfeit their right to receive the prize, which will be awarded to the following eligible individual who meets the valid participation conditions and has been designated as a substitute.
OUIGO is not responsible for any incident that may prevent participation in the Survey and/or the Draw. Furthermore, the organisation will not provide data service connectivity, nor will it be responsible for any incidents involving operators that prevent participation.
THIRD. - SELECTION OF WINNERS: DRAW
The Draw will be carried out by anonymising the data of all participants who have met the above requirements and choosing two (2) at random from among them. It will take place no later than thirty (30) calendar days after the end of the period for participating in the Survey. OUIGO reserves the right to change the date at its discretion, provided that there is a justified reason.
If any of the winners declines the prize or fails to comply with the conditions set out in these rules, a new Draw will be held under the same conditions to select the substitute(s).
FOURTH. - PRIZES
Each of the two winners receives a prize consisting of one (1) non-refundable voucher worth two hundred euros (€200) for the purchase of OUIGO tickets on the website (ouigo.com/es) or the OUIGO app until 31 December 2025, for travel undertaken until 30 June 2026, inclusive. The discount voucher can only be applied to the ticket price (it does not apply to options, extras or package supplements). The vouchers cannot be combined with other OUIGO promotions, offers or commercial discounts.
Notwithstanding the provisions set out below regarding the cancellation of the Draw, in the event of force majeure or circumstances beyond its control, OUIGO may replace the aforementioned prizes with others of equal or greater value/characteristics for justified reasons. Under no circumstances shall the prize be exchanged for its cash equivalent or another prize. The marketing and/or sale of the prize, whether direct or indirect, by any means, is prohibited.
FIFTH. - NOTIFICATION OF WINNERS AND DELIVERY OF THE PRIZE
Once the two (2) winners have been selected, OUIGO will contact them by email and inform them how to claim their prize. If any of the winners declines the prize or fails to comply with the conditions set out in these rules, the same procedure will be followed with the substitutes. If any of the substitutes declines the prize or fails to comply with the conditions set out in these rules, OUIGO may declare the corresponding prize void. By participating in the Draw, participants authorise OUIGO to contact them via email if they are selected as winners. No other type of communication will be carried out unless necessary for the fulfilment of another purpose and provided that there is an adequate legal basis for doing so.
SIXTH. - FRAUD
In the event that OUIGO or any other company involved in the Draw or Survey detects any anomaly or suspects that a participant is preventing the normal development of the Draw or Survey, illegally altering their registration or participation by any technical or computerised means, or falsifying their involvement by any means, they may unilaterally remove that participant from the Draw. The organiser has implemented technological tools to detect potential fraudulent, anomalous, or malicious actions that aim to manipulate participation in order to obtain the prize illicitly. As a result, the organiser reserves the right to remove from the register any participant who exhibits or is suspected of inappropriate behaviour as outlined above.
SEVENTH. - ACCEPTANCE OF TERMS AND CONDITIONS AND CLAIMS
By participating in the Survey, participants must read and accept the terms and conditions of the Draw (available at https://www.ouigo.com/es/bases-legales-sorteo-encuesta-app) and the organiser's criteria for resolving any issues arising from the Draw.
The claim period for the Draw concludes one month after the date of the Draw.
EIGHTH. - DATA PROCESSING
In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and the Council, dated 27 April 2016, on the protection of natural persons regarding the processing of personal data and the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation), as well as Organic Law 3/2018, dated 5 December, on Data Protection and Guarantee of Digital Rights (Organic Law on Personal Data Protection and Guarantee of Digital Rights), OUIGO ESPAÑA, S.A.U. informs participants that their personal data will be processed for the management and development of the Draw and, where applicable, for verifying compliance with the rules, selecting winners, and delivering prizes in the event that they are selected as winners.
Participants declare and guarantee that all personal data provided to OUIGO is true, accurate, current, and corresponds to their identity.
The processing of data is legitimised based on the promotional relationship established with OUIGO and is carried out by the latter for the purpose of managing registration and participation in the Draw, as well as for delivering the prize in the event of a win. The collection of personal data is necessary for the purposes indicated above; therefore, any objection made at the participant's request would render it impossible to participate in the Draw, as processing their data is a necessary requirement.
At any time, participants may exercise their rights to access, rectification, erasure, objection, portability, and restriction of processing, as set out in the GDPR (EU) 216/679 and Organic Law on Personal Data Protection and Guarantee of Digital Rights, by sending their request via email to datos@ouigo.es with the subject line ‘Data Protection’ or by writing to the above address of OUIGO ESPAÑA, S.A.U., for the attention of datos@ouigo.es.
The winners' data will be retained for the necessary duration of the validation process and the delivery of the prizes, as well as to comply with the limitation period for legal obligations related to taxation, where applicable.
OUIGO will implement the necessary technical and organisational measures to ensure the security and confidentiality of participants' personal data, safeguarding it against unauthorised or unlawful processing, as well as against accidental loss, destruction or damage, in accordance with Article 32 of the 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 it claims or is claimed for any liability arising from your participation in the Draw. This timeframe will be equivalent to the limitation period for any actions and obligations arising from the relationship between you, as the participant, and the organiser. If there is a disagreement, a complaint may be filed with the Spanish Data Protection Agency.
NINTH. - LIABILITY
OUIGO shall not be held liable for delays, losses, or damages resulting from causes beyond its control. The organising company shall also not be liable for cases of force majeure (such as strikes, cancellation of services by ADIF, traffic restrictions, or limitations on the number of seats allocated to the rail operator, restrictions on personal mobility, or in the places of residence of participants, etc.), or for causes beyond its control that may prevent the winner from fully or partially enjoying their prize, without prejudice to its possible liability as a railway company, where applicable. The organising company shall be exempt from any liability should any of the above cases arise, as well as from any responsibility for damages that may occur during the enjoyment of the prize.
OUIGO excludes any liability for damages of any kind that may arise from the temporary unavailability or disruption of the Internet, telephone networks, or any frustration users may experience in their utilisation. This includes, but is not limited to, failures in accessing various pages and sending participation responses through the platform used to conduct the Survey.
OUIGO shall not be liable for any malfunctions of the electronic communication networks that hinder the proper conduct of the Survey and/or the Draw for reasons beyond OUIGO's control, mainly due to external acts of bad faith. Nor shall OUIGO be responsible for transmission issues or data loss that cannot be attributed to OUIGO.
TENTH. - TAXATION
The prizes of the Draw will be subject to Law 35/2006 dated 28 November, which approves the Income Tax for Individuals and partially modifies the laws on Corporate Income Tax, Income Tax for Non-Residents, and Wealth Tax; Royal Decree No. 2004/2009, which amends its regulations; Royal Decree No. 1003/2014, dated 5 December, and tax updates introduced by Royal Decree 633/2015, dated 10 July; the 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, which amends 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 dated 19 February, which approves the tax on bets and random combinations, determines the self-assessment, the place and form of presentation, and establishes the conditions and procedure for its telematic presentation, along with other corresponding provisions issued in its development. Consequently, where applicable, the commercial organisation OUIGO shall be responsible for paying or withholding the Personal Income Tax (hereinafter referred to as PIT).
In accordance with the aforementioned regulations, participants in this promotion are informed that prizes awarded for participation in games, competitions, raffles, or random combinations related to the sale or promotion of goods or services are subject to withholding or advance payment of Personal Income Tax, provided that the value of the prize exceeds 300 euros. To this effect, it is hereby stated that the market value for prizes in kind is equal to its acquisition value, increased by twenty per cent (20%), as established in article 105.1 of the aforementioned Royal Decree 439/2007, dated 30 March, which approves the Personal Income Tax (PIT) Regulations.
OUIGO shall be responsible for the amount corresponding to the withholding or advance payment of Personal Income Tax (PIT) relating to the value of the prize. However, it is the winner's responsibility to include both the value of the prize and the withheld or advance payment amount not charged in their annual Personal Income Tax (PIT) return. OUIGO warns the winner that, depending on their income level, including the value of the prize and the withheld or advance payment amount in their tax return, could result in an increase in the amount they are required to pay for personal income tax. OUIGO shall, under no circumstances, be liable for any incorrect tax return submitted by the prize winner.
ELEVENTH - APPLICABLE LEGISLATION
These rules for participation are governed by Spanish law. Any litigation, discrepancy, issue, or claim arising from the execution or interpretation of these rules shall be resolved by the courts and tribunals of the winner's registered address, to which the parties submit themselves, waiving any other jurisdiction to which they may be entitled.