ONE. ORGANISING ENTITY, PURPOSE, DURATION, TERRITORY AND ENTRANTS
The organising entity is OUIGO ESPAÑA, S.A.U. (hereinafter, “OUIGO”), with registered office at calle Alfonso XII no. 62, 28014-Madrid and holder of tax ID number A-88269972.
The prize draw (hereinafter, the “Prize Draw”), to be held nationwide in Spain, will be conducted among the participants in OUIGO's online survey “OUIFI on board”, aimed at people who have travelled with OUIGO (hereinafter, the “Survey”) and who meet the requirements set out in these terms and conditions. The Survey will begin on the day specified by OUIGO and the entry period will last for two (2) weeks. The Survey will be accessed via an email sent by OUIGO. The purpose of this Prize Draw is to encourage participation in the Survey.
If for reasons beyond OUIGO's control it is necessary to modify, extend or repeat the Prize Draw, this will be communicated to the entrants by email. Entry in the Prize Draw is free of charge.
TWO. LEGAL BASIS AND ENTRY METHOD
All natural persons over 18 years of age who are legal residents in Spain and who have completed the Survey in its entirety within the entry period set out in these terms and conditions, provided that they have travelled with OUIGO at least once, may participate in the Prize Draw. The holders of the email address to which the Survey is sent and who complete it in full will automatically be entered in the Prize Draw. By participating in the Survey, entrants agree to the terms and conditions of the Prize Draw. If any entrant in the Survey does not intend to participate in the Prize Draw, he or she must inform OUIGO prior to the date on which the Prize Draw takes place. Only one entry per person will be accepted for both the Survey and the Prize Draw.
Employees of OUIGO and employees of companies involved in conducting the Survey or the Prize Draw or their respective second-degree relatives, as well as persons under 18 years of age and individuals who are not resident in Spain, are not eligible to enter the Prize Draw.
If any person excluded from entering is named as a winner, this individual will lose his or her right to obtain the prize, and the prize will be awarded to the next person who meets the valid conditions for entry designated as an alternate winner.
OUIGO shall not be held responsible for any incident that may prevent participation in the Survey and/or the Prize Draw. In the same vein, the organisation will not provide data service connectivity nor will it be responsible for any incident involving any operator that may prevent participation.
THREE. SELECTION OF THE WINNER: PRIZE DRAW
The Prize Draw will be carried out by anonymising the data of all the entrants who have fulfilled the above requirements and choosing one (1) 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 is a justified reason for doing so.
If any of the winners rejects the prize or does not fulfil the requirements of these terms and conditions, a prize draw will be held again under the same conditions to select the alternate winner(s).
FOUR. PRIZE
The winner will receive a prize consisting of one (1) non-refundable voucher with a value of one hundred euros (€100) towards the purchase of OUIGO tickets on the website (ouigo.com/es) or the OUIGO app until 31 December 2024, valid for trips until 29 June 2025. The voucher can only be used towards the ticket price (not towards options, extras or package supplements). Vouchers cannot be combined with other promotions, offers or commercial discounts.
Notwithstanding the provisions set out below concerning the cancellation of the Prize Draw, in the event of force majeure, or for reasons beyond its control, OUIGO may replace the aforementioned prizes with others of equal or greater value/characteristics, for justified reasons. Under no circumstances may the prize be exchanged for its cash value or for another prize. The marketing and/or sale of the prize directly or indirectly by any means whatsoever is prohibited.
FIVE. COMMUNICATION TO THE WINNER AND DELIVERY OF THE PRIZE
Once the winner has been selected, OUIGO will contact this person by email and inform him or her how to claim the prize. If the winner rejects the prize or does not fulfil the requirements of these terms and conditions, the same process will apply to the alternate winner, with the prize being declared null and void if necessary. By participating in the Prize Draw, entrants grant permission for OUIGO to contact them by email should they be selected as winners. No further communication will be made, unless this is necessary for the fulfilment of a different purpose and provided that there is an adequate legal basis for doing so.
SIX. FRAUD
In the event that OUIGO or any entity that is professionally connected to the Prize Draw or the Survey detects any abnormality or suspects that an entrant is hindering the smooth running of the Prize Draw or the Survey by illegally altering his or her registration or entry through any technical or computerised means in order to falsify his or her entry, it may unilaterally remove that participant from the list of entries. In this regard, it is important to stress that the organiser has put in place the necessary technological resources to detect any possible fraudulent, abnormal or malicious actions seeking to manipulate entries in order to obtain the prize in an unlawful manner. Therefore, the organiser reserves the right to remove any entrant who engages in, or is suspected of engaging in, the improper conduct described above.
SEVEN. ACCEPTANCE OF THE TERMS AND CONDITIONS AND CLAIMS
Entrants, by the mere act of participating in the Survey, accept the terms and conditions of the Prize Draw (available at https://www.ouigo.com/es/bases-legales-sorteo-ouifi) and the organiser's discretion in resolving any issues arising from the Prize Draw.
The period for making claims for the Prize Draw ends one month after the date on which the Prize Draw takes place.
EIGHT. DATA PROCESSING
In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) as well as Organic Law 3/2018, of 5 December, on Data Protection and the Guarantee of Digital Rights (the “LOPDGDD”), OUIGO ESPAÑA, S. A.U. informs entrants that their personal data will be processed to manage and carry out the Prize Draw, as well as, where appropriate, to verify compliance with these terms and conditions, select winners and deliver prizes should they be selected as winners.
All entrants declare and guarantee that all personal data provided to OUIGO are truthful, accurate, up-to-date and match their identity.
The legal basis for the processing of the data is the performance of the promotional relationship established with OUIGO, which processes the data in order to manage the registration of entries and participation in the Prize Draw, as well as to deliver the prize to the winner. The collection of personal data is necessary for the purposes stated above, so that any opposition by the entrant would make it impossible to participate in the Prize Draw, as the processing of his or her data is a contractual requirement.
At any time, you may exercise your rights to access, rectification, erasure, opposition, portability and the limitation of processing, as set out in the GDPR (EU) 216/679 and the LOPDGDD, by sending your request by email to datos@ouigo.es with the subject “Data Protection” or by writing to the aforementioned address of OUIGO ESPAÑA, S.A.U., for the attention of datos@ouigo.es.
The data of winners will be kept for the period necessary for the validation process and sending of the prizes, as well as, if applicable, to comply with the limitation period for legal obligations in tax matters, as the case may be.
OUIGO will implement the necessary technical and organisational measures to guarantee the security and confidentiality of entrants' personal data, protecting them against unauthorised or unlawful processing and 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 solely for the period of time necessary to allow the organiser to exercise its right of defence in the event that it either makes a claim or a claim is made 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 limitation period for any actions and liabilities that may arise from the relationship between you and the organiser. In the event of a disagreement, a complaint may be lodged with the Spanish Data Protection Agency.
NINE. LIABILITY
OUIGO shall not be liable for delays, loss or damage for reasons not attributable to it. The organising company will also not be liable for cases of force majeure (such as strikes, cancellation of ADIF train services, traffic or seat restrictions imposed on the railway operator, personal mobility restrictions or restrictions in place where the entrants live, etc.) or causes beyond its control that could prevent the winner from enjoying all or part of the prize, notwithstanding 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 aforementioned circumstances, as well as from any liability for damages that may be caused during the enjoyment of the prize.
OUIGO does not accept any liability for any damages or losses of any kind resulting from temporary unavailability or disruption of internet or phone network services or any loss of expected performance. This includes, but is not limited to, issues with accessing different pages or delays in submitting participation responses via the platform used for the Survey.
OUIGO is exempted from all liability in the event of any malfunction of electronic communication networks that hinder the smooth running of the Survey and/or the Prize Draw for reasons beyond OUIGO's control and especially for external acts of bad faith. Nor shall OUIGO be liable for transmission problems or data loss not attributable to it.
TEN. TAXATION
Law 35/2006 of 28 November approving Personal Income Tax and partially amending the laws on Corporation Tax, Non-Resident Income Tax and Wealth Tax shall apply to the prizes of the Prize Draw; Royal Decree No. 2004/2009, which amends its Regulations; Royal Decree No. 1003/2014, of 5 December and tax changes introduced by Royal Decree 633/2015, of 10 July; First and Third Transitory Provisions of Law 13/2011 of 27 May, on the Regulation of Gambling; the First Additional Provision of Law 25/2009, of 22 December, amending various laws for their adaptation 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, of 27 May, on the Regulation of Gambling; Order EHA/388/2010 of 19 February, which approves the tax on betting and random draws, self-assessment, determining the place and form of filing and establishing the conditions and procedure for online filing and other related provisions and those issued in its implementation. Therefore, where applicable, the commercial entity OUIGO will be responsible for making the payment on account or applying the appropriate withholding for Personal Income Tax (hereinafter “IRPF”).
In accordance with the aforementioned regulations, entrants in this promotion are informed that prizes awarded for participation in games, competitions, raffles or random draws linked to the sale or promotion of goods or services are subject to an IRPF withholding or payment on account provided that the value of the prize exceeds 300 euros. For these purposes, it is hereby stated that the market value for prizes in kind is equal to the acquisition value, increased by twenty per cent (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 will cover the amount corresponding to the IRPF payment on account on the prize value. However, it is the winner's responsibility to include both the amount of the prize's value and the amount of the payment on account paid on behalf of the beneficiary in his or her annual tax return. OUIGO informs the winner that, depending on their income level, including the value of the prize and the payment on account in his or her tax return could lead to an increase in the amount of personal income tax due. OUIGO shall under no circumstances be liable for any incorrect tax returns filed by the prize winner.
ELEVEN. APPLICABLE LEGISLATION
These terms and conditions for entry are governed by Spanish law. Any litigation, discrepancy, issue or claim resulting from the execution or interpretation of these terms and conditions shall be resolved by the courts located in the winner's place of residence, to which the parties submit, waiving any other jurisdiction to which they may be entitled.