FIRST. – ORGANISING COMPANY, PURPOSE, TIME FRAME, TERRITORIAL SCOPE AND PARTICIPANTS
The business organisation OUIGO ESPAÑA, S.A.U. (hereinafter, ‘OUIGO’), with registered office at Calle Alfonso XII No. 62 ,28014 – Madrid and Tax ID No. A-88269972, will hold a nationwide promotion in the form of a “draw” called “OUIGHOST” (hereinafter, the “Promotion”) within the promotional period specified below, open to all individuals of legal age residing in Spain, and who meet all the other conditions set out in these terms and conditions, through the official OUIGO channels.
The Promotion will run from October 28, 2025, until 23:59:59 on November 4, 2025, under the conditions detailed below. Should it be necessary to modify, extend, or repeat the Draw for reasons beyond OUIGO's control, participants will be notified by email and the change will be made public through OUIGO's official channels. Participation in this Promotion is free of charge.
The purpose of this Promotion is to raise awareness and increase the visibility of OUIGO. To this end, OUIGO will randomly select fifty (50) non-refundable vouchers, each valued at fifty (50) euros, valid for travel with OUIGO until April 30, 2026.
SECOND. – LEGITIMACY
All individuals over the age of 18 who are legally resident in Spain are eligible to participate in the Draw (hereinafter referred to as the “Participant” or “Participants”). OUIGO employees and those of companies involved in conducting the Promotion, or their respective second-degree relatives by blood or by common-law relationship, are not eligible to participate in the Draw. Similarly, minors under the age of 18 and individuals without legal residence in Spain are not eligible to participate.
OUIGO is not responsible for any incident that may prevent participation in 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. – PARTICIPATION MECHANISM
To participate in this Draw, in addition to meeting the above requirements, it is necessary to comply with the following:
The Draw will be announced via Ouigo's official channels (social media, website, app, and newsletter) on October 28, 2025, at which point all participation steps and prizes will be revealed.
Users wishing to participate must access the page that OUIGO enables (http://cloud.news.ouigo.com/juego-ouighost), submit their personal details (first name, surname(s), and email address), and indicate the word hidden in the Draw advertisement by 4 November 2025.
FOURTH. – SELECTION OF WINNERS: DRAW
The prize Draw will be carried out by anonymising the data of all participants who have met the above requirements and choosing fifty (50) at random from among them in the presence of a NOTARY. The Draw will take place no later than fifteen (15) calendar days after the end of the participation period. OUIGO reserves the right to change the date at its discretion, provided that there is a justified reason.
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. In such cases, the prize may be declared null and void.
FIFTH. – PRIZES
Each one of the fifty winners receives a prize consisting of one (1) non-refundable voucher worth fifty euros (€50) for the purchase of OUIGO tickets on the website (ouigo.com/es) or the OUIGO app until April 30, 2026, for travel undertaken until April 30, 2026 (the “Prize”). Vouchers can be used for more than one OUIGO ticket booking, but cannot be combined with other promotions, offers or commercial discounts.
Prizes are personal and non-transferable. In this context, purchase vouchers will be linked to the email addresses of the winners. Purchases can only be made using the registered email address. This does not prevent the voucher from being used by more than one person (as long as it is done through a single booking), since the discount amount will cover up to fifty euros (€50) for all travellers included within the booking in which the voucher is used.
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.
SIXTH. – NOTIFICATION OF WINNERS AND DELIVERY OF THE PRIZE
Once the participation period in the Draw has concluded and the fifty (50) winners have been chosen, OUIGO will contact them using the email address they provided when registering on OUIGO's website. The winners will receive their prize and be informed about how to claim it.
Only one entry per person will be accepted, and only one (1) voucher will be issued per email address.
The participation will be considered valid only if the Participant has fully complied with all the requirements set out in these terms and conditions.
If any of the winners declines the Prize or fails to comply with the conditions set out in these terms and conditions, the same procedure will be followed with the substitutes. If any of the substitutes declines the prize or fails to comply with the rules set out in these terms and conditions, 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.
SEVENTH. – FRAUD
If 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 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.
EIGHTH. – ACCEPTANCE OF TERMS AND CONDITIONS AND CLAIMS
By participating in the Promotion, you agree to the terms and conditions of the Draw (available at https://www.ouigo.com/es/bases-legales-sorteo-juego-halloween) and accept the organiser's decision on any matter arising from it. The claim period for the Draw concludes one month after the date on which the Draw takes place.
NINTH. – 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 terms and conditions, 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 legal/contractual 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 the participant and the organiser. If there is a disagreement, a complaint may be filed with the Spanish Data Protection Agency.
TENTH. – 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 and their travelling companions, where applicable, 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 Game. OUIGO shall not be liable for any malfunctions of the electronic communication networks that hinder the proper conduct of the Promotion 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.
ELEVENTH. – 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 the payment or withholding of 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.
TWELFTH. – APPLICABLE LEGISLATION
These terms and conditions for participation are governed by Spanish law. Any litigation, discrepancy, issue, or claim arising from the execution or interpretation of these terms and conditions 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.
THIRTEENTH. – CUSTODY OF TERMS AND CONDITIONS
The terms and conditions of this Draw will be available to anyone who wishes to consult them at https://www.ouigo.com/es/bases-legales-sorteo-juego-halloween.