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GENERIC LEGAL BASES OF THE SWEEPSTAKES

GENERIC LEGAL BASES OF THE SWEEPSTAKES

  1. Identification of the raffle organizer 

The company BARIATRIC LINE, S.L. with address at Calle Arena, No. 1, 2nd floor, C.P. 35002, Las Palmas de Gran Canaria (Las Palmas), with NIF No. B-67779934, duly registered in the Mercantile Register of Las Palmas, in volume 2282, folio 139, Page GC 59.080, inscription 1ª; organizes the sweepstakes-random combination (hereinafter, "the Promotion") of Spanish national scope, to be developed through the Internet, and specifically through the digital platform of the Instagram social network, exclusively for users residing in Spain [including the Balearic and Canary Islands, as well as Ceuta and Melilla] in accordance with the provisions of the participation requirements section.

The purpose of this sweepstakes is to reward the winner of the sweepstakes, among the participants who meet the requirements. It is also the aim of this promotion to publicize a series of products of the brand(https://www.bariatricline.com/), to reward the loyalty of those who are already followers of the brand, to know their tastes and preferences, to improve the services currently offered and to publicize the brand and its products.

  1. Time frame: start date and end date
  • The Promotion will be in force from June 26, 2024 at 11:00 a.m. until July 15, 2024 at 11:00 a.m., peninsular time (one hour less in the Canary Islands).
  • The raffle will be held on July 15, 2024 at 12:00 noon and will be carried out through the "AppSorteos" application(https://app-sorteos.com/es, peninsular time (one hour less in the Canary Islands).

If for reasons of force majeure or fortuitous event it is necessary to postpone, modify, cancel or repeat the Promotion, this fact will be published through the official Instagram account of "Bariatricline"; giving such modification the same degree of publicity as this Promotion.

  1. Free of charge to participate in the raffle

The sweepstakes is free of charge, in such a way that in order to participate it will not be necessary to purchase any product, nor to pay any additional fee or amount to obtain the prizes object of the Promotion.

  1. Participation requirements and mechanics of the raffle

Participation in the sweepstakes implies unconditional acceptance of and compliance with the provisions of these terms and conditions (hereinafter referred to as "Terms and Conditions").

Participation requirements:

  • All users, natural persons, holders of an account on the Instagram social network, who are over 18 years of age, with civil and fiscal domicile accredited by means valid in law in the territory of the Kingdom of Spain, and who register for the promotion during the period indicated as the time frame, may participate. The participation of legal persons or entities without legal personality is not allowed.

Participants using social network accounts for fraudulent purposes will be considered, at the discretion of the organizing company, as ineligible accounts, and will be subject to removal from the Promotion. An ineligible account is defined as an account that could reasonably be considered to have no activity on the social platform on which the Promotion takes place, that corresponds to a bot account (automated programs that simulate human interaction on the social network platform), that corresponds to an account that impersonates or duplicates the identity of another person, at the discretion of the organizing company. The decision to consider an account as such and proceed to its deletion will be at the discretion of the company organizing the sweepstakes. This measure aims to ensure transparency and fairness in the participation process, avoiding the use of false or inactive accounts for fraudulent purposes.

In order to confirm the age and civil and fiscal residence data, the winner, once informed of the result of the draw, must send to the organizing company a photo of the front and back of his/her valid ID card or passport or NIE and valid residence permit in the case of foreigners, by the means indicated by the organizing company, so that his/her identification corresponds to the digital identity of his/her account in the social network.

They are excluded from the draw: 

  • Employees of BARIATRIC LINE, S.L., its subsidiaries, its partners or those persons who have participated directly or indirectly in the preparation and / or development of the Promotion, or their relatives up to the second degree of consanguinity or affinity.
  • Children under 18 years of age.
  • Legal entities as well as entities without legal personality.

4.2. Mechanics of the lottery:

  • Follow the instagram.com/bariatricline/ profile; user @bariatricline, on the digital platform of the Instagram social network. Participants may only participate with a single Instagram application profile. If a participant is found to be participating with multiple Instagram profiles he/she will be disqualified.
  • Comment on the post announcing the giveaway and mention two (2) friends and/or Instagram users.
  • Share the publication in which the sweepstakes is announced in the story of your Instagram profile mentioning the BARIATRIC LINE account indicated. In the event that the participating user has the profile of said social network in the private option, this requirement will be understood to be fulfilled as long as the participant sends a direct message to the account of the brand provided previously with a screenshot of the published story.

The company organizing the Promotion reserves the right to:

  • Remove offensive comments against the organizer or other participants, as well as remove inappropriate images/references from the contest.
  • Eliminate from the contest those participants who misuse, fraudulently use or abuse the contest.

The holding of the draw and the awarding of the prize are subject to the tax regulations in force. 

  1. Description of the prize, its use, taxation and communication to the winner of the draw

5.1.1. Description of the award

The prize draw will consist of a special pack of BARIATRIC LINE products (personal and non-transferable) which will include the following:

(i) BARICALCIUM : 60 chewable tablets: food supplement based on calcium and vitamin D, whose unit price for each product amounts to €10.95 VAT included. Link: https://www.bariatricline.com/products/baricalcium.

(ii) BARIHMB : 360 g jar: food supplement based on HMB, Creatine, Vitamin D and Magnesium, with sweetener, whose unit price for each product amounts to 37.95€ VAT included. Link: https://www.bariatricline.com/products/barihmb.     

(iii) BARIPROTEIN | 500 g: protein module from whey protein, classified as Food for Special Medical Uses (AUME), whose unit price for each product amounts to 23.54€ VAT included. Link: https://www.bariatricline.com/products/bariprotein.     

(iv) One product from the BariMix line, to be selected and identified by the winner from those available at https://www.bariatricline.com/:

  • BARIMIX SLEEVE : 30 capsules: vitamin and mineral module, classified as Food for Special Medical Uses (AUME), designed for the dietary management of people undergoing restrictive bariatric surgery, whose unit price for each product amounts to 16,39€. Link: https://www.bariatricline.com/products/barimix-sleeve.
  • BARIMIX BPD : 60 capsules: module of vitamins and minerals, classified as Food for Special Medical Uses (AUME), designed for the dietary management of people undergoing bariatric surgery malabsorptive / hypoabsorptive, whose unit price per product amounts to 17.49 €. Link: https://www.bariatricline.com/products/barimix-bpd.
  • BARIMIX BAGUA : 30 capsules: indicated for the dietary management of patients undergoing bariatric surgery, specifically for single-anastomosis gastric bypass (BAGUA), whose unit price per product amounts to 16.39€. Link: https://www.bariatricline.com/products/barimix-bagua. 
  • BARIMIX MED : 30 gummies: food supplement with vitamins (Vitamin A, Vitamin D, Vitamin K, Vitamin C, Vitamin B1, Vitamin B2, Vitamin B6, Niacin, Folic Acid, Vitamin B12, Pantothenic Acid, Biotin and Vitamin E) and minerals (Magnesium, Iron, Zinc, Copper, Iodine, Selenium, Manganese, Chromium and Molybdenum), whose unit price per product amounts to 11.39€. Link: https://www.bariatricline.com/products/barimix-med-30-capsulas.

The prize may not, under any circumstances, be exchanged for any other gift or exchanged for equivalent cash compensation.

The products that make up the sweepstakes prize pack are food supplements and in some cases, protein modules, and/or vitamins and minerals recognized as Food for Special Medical Uses (AUME), which have a specific regulation and must be consumed with medical monitoring/supervision in accordance with the instructions indicated on each product.

The winner of the draw must carefully study the indications, contraindications and instructions of the products that make up the prize pack. He/she must consult his/her doctor and, if necessary, follow the recommendations of said expert, as well as those of the brand and the instructions included in all the products for their consumption (labeling, package insert, technical data sheets). The winner must make a responsible use of the products, carry out a specialist medical follow-up/supervision, and dose the intake/consumption of the products.

BARIATRIC LINE, S.L. is not responsible for any misuse or abuse of the products by the winner of the sweepstakes.

5.1.2. Value of the prize, delivery of the products and transportation costs

The organizing company informs that the prize consists of a free pack of products whose unit market price (VAT included) has been referenced in previous sections. Therefore, for tax purposes, the maximum amount of the prize drawn in this Promotion will be the result of adding the amounts of each of the products that make up the prize pack: 1 Baricalcium (10,95€) + 1 Barihmb (37,95€) + 1 Bariprotein (23,54€) + 1 BariMix (to be selected). 

BARIATRIC LINE, S.L. will be responsible for all expenses, taxes and costs related to shipping, transportation, customs and delivery of the products of the prize pack to the user's home, provided that this is within the territorial scope indicated in these rules. Therefore, the winner will not have to pay any shipping costs (including the Balearic Islands, Canary Islands, Ceuta and Melilla).

Once the prize is communicated and accepted, and the fulfillment of all the requirements is verified and the necessary data is collected to make the shipment, BARIATRIC LINE, S.L., undertakes to deliver the prize pack within a period of ten (10) days, extendable to fifteen (15) days in the case of the Balearic Islands, Canary Islands and Ceuta and Melilla.

5.2. Taxation of the award

The winner will be responsible for any fiscal or tax burden that the acceptance of the prize may entail, as well as any other expense derived from the promotion that is not expressly assumed by the organizing company in these Legal Bases.

When the winner is notified of the prize, the organizing company may reiterate, at its discretion, the terms of the tax regime applicable to the prize received, as detailed herein, pursuant to the provisions of Law 35/2006, of 28 November, on Personal Income Tax and partially amending the laws on Corporate Income Tax, Non-Resident Income Tax and Wealth Tax and Royal Decree 439/2007, of 30 March, approving the Regulations on Personal Income Tax and amending the laws on Wealth Tax and Royal Decree 439/2007, of 30 March, approving the Regulations on Personal Income Tax, on the Income Tax of Non-Residents and on Wealth and Royal Decree 439/2007, of March 30, which approves the Regulation of the Personal Income Tax and modifies the Regulation of Pension Plans and Funds, approved by Royal Decree 304/2004, of February 20.

Pursuant to the provisions of the Personal Income Tax Law (articles 33 and following), capital gains and losses are the variations in the value of the taxpayer's assets that are revealed on the occasion of any alteration in the composition thereof, unless they are classified by this Law as income. In this sense, prizes awarded as a result of participation in games, contests, raffles or random combinations meet this definition and, therefore, must be included as capital gains for the year in which such prizes are received.

The amount of the capital gain to be declared will be determined by the market value of the products that make up the prize pack obtained.

The capital gains thus determined will form part of the general tax base, for which reason the general tax scale regulated in article 63 of the Law will be applicable.

On the other hand, capital gains consisting of prizes awarded as a result of participation in games, contests, raffles or random combinations, whether or not linked to the offer, promotion or sale of certain goods, products or services will be subject to withholding and payment on account by the organizing company, resulting in the application of a withholding rate of 19%, unless the total amount of the prize does not exceed €300.00, in which case it will not be subject to any withholding.

The amount of the payment on account to be made for prizes paid in kind, which constitute capital gains, will be calculated by applying the percentage provided in Article 99.1 of the Personal Income Tax Regulations (19%) to the result of increasing the acquisition value or cost to the payer by 20%.

5.3. Publication of the award, verification of compliance with participation requirements and use of the award

  • Once the indicated participation period has elapsed, the winner will be designated randomly through the "AppSorteos" platform(https://app-sorteos.com/es), an application used by more than 11,362 brands and influencers to carry out online sweepstakes in digital applications and social networks.
  • The draw will take place on July 15, 2024 at 11:00 a.m. peninsular time (one hour less in the Canary Islands). The company organizing the draw, will make a screen recording with the electronic device and the tool/application from which the draw is carried out in order to make it available to participating users who wish to check the operation of the draw and the obtaining of the result. The organizing company may also, at its discretion, publish the screen recording on its Instagram account, for which all of the participants in the sweepstakes expressly authorize it to publish the details of the account designated as winner or alternate after the sweepstakes on said social network, whether said participants have a public or private profile.
  • At the time of holding the sweepstakes, and once verified that the participating users comply with the basic requirements of participation regulated herein (be an Instagram user; follow the account of BARIATRIC LINE, S.L., comment on the publication and publish in stories the publication of the sweepstakes), a winner will be designated, as well as three (3) alternates (1st, 2nd, 3rd alternate), which must also have met the requirements of participation in the sweepstakes.
  • The winner will be notified of the prize via the company's Instagram accounts by means of a direct message to said user. The result of the sweepstakes will also be published on the same day it is obtained, in a story on the company's accounts that will be maintained for the same period of time. For these purposes, all participants in the sweepstakes expressly authorize the company organizing the sweepstakes so that it can publish on its Instagram account the details of the account designated as the winner or as an alternate after the sweepstakes, whether such participants have a public or private user account.

If after a period of 72 hours from the direct individual communication and the indicated publications (Instagram story) the winner is not located to verify the other participation requirements (such as age, civil and fiscal address); and/or once contacted he/she does not meet the said participation requirements once verified; and/or he/she expressly renounces the prize, the prize will be passed to the first alternate and so on until the three alternates are completed.

If, once the same procedure has been carried out with the three designated alternates, none of them can be contacted, or if they do not comply with the requirements for participation in the drawing, and/or if they renounce the prize, the company may declare the contest void.

  • If it becomes evident that any of the participants do not comply with the requirements set forth in the Legal Bases, or the data provided to participate are not valid, their participation will be considered null and void and they will be automatically excluded from the Promotion, losing all rights to the prizes awarded by virtue of the sweepstakes. The company reserves the right to declare the sweepstakes void.
  • If the requirements are considered fulfilled and the winner is contacted, the corresponding information is requested with his/her consent, and he/she accepts the prize with all the conditions described herein, the winner will be asked to identify/select the product of the "BariMix Line" of vitamin and mineral complexes for bariatric surgery that he/she would like to obtain in the pack of products that make up the prize of the draw, within the existing and available products on the official website of the organizing company: https://www.bariatricline.com/; and whose categories are developed in clause 5 of the prize definition).
  • In the event that the winner rejects the prize, he/she will not be able to exchange it for a different prize or for the amount in cash.
  • The prize is unique and non-transferable, so it must be enjoyed by the natural person identified as the user of the Instagram account that participated and won the contest.
  • The marketing or sale of the products that make up the prize pack is also prohibited.
  • A period of fifteen (15) calendar days from the date of awarding of the prize is established to make any reasoned claim with the same.
  1. Publication of comments or opinions

Comments or opinions whose content is considered inappropriate, offensive, insulting or discriminatory or that could violate the rights of third parties will not be allowed. Comments against an individual that violate the principles of the right to honor, to personal and family privacy and to one's own image will not be allowed. The organizing company will not be responsible for any damage caused by the comments made by the participants in the Promotion, and that at any time could hurt the sensitivity of other participants.

The participation in this Promotion, as well as the publication of the comments made by the participants in the publications may not violate under any circumstances the community rules of Instagram, nor the conditions of use of such social networks.

If it is discovered by the company organizing the draw the use of fraudulent means for participation, such as the use of bots in the comments, the prize will not be awarded and will remain the property of BARIATRIC LINE, SL.

  1. Disclaimer of liability

By way of example, but not limited to, neither BARIATRIC LINE, S.L., nor its partners, will be responsible for possible losses, theft, delays or any other circumstance attributable to third parties that may affect the development of this promotion, nor will it be responsible for the use made by the participant with respect to the prize obtained from this promotion.

7.1. Identification of participants

BARIATRIC LINE, S.L., is exempt from any liability in the event of any error in the data provided by participants that would prevent their identification.

7.2. Malfunctioning of the platform on which the lottery will be processed

BARIATRIC LINE, S.L., disclaims any responsibility for the delay of any participation, for any interruption, temporary unavailability of the connection, transmission problems, loss of information, third party fraud, or network failure, software malfunction, access, communication or response failure due to technical or other problems beyond its control or attributable to network operators, intermediary service providers or third parties.

7.3. Force majeure or fortuitous event

BARIATRIC LINE, S.L., will not assume responsibility in cases of force majeure or fortuitous event that could prevent the realization of the draw or the total or partial enjoyment of the prize. In the event that this draw cannot be carried out, either due to fraud detected in the same, technical errors or any other reason that is not under the control of the company and that affects the normal development of the draw, the organizing company reserves the right to cancel, modify or suspend the same, giving it the same diffusion as its celebration through the same media or communication channels.

  1. Instagram

The promotion is not sponsored, endorsed, administered, or associated in any way with the Instagram platform/social network. Therefore, participants (whether they are the final winners or not) will not have any type of connection with said social network, nor any right of claim whatsoever against Instagram with respect to the sweepstakes in question.

  1. Protection of personal data

Participants expressly consent to the incorporation of the data provided to treatments whose owner and responsible is BARIATRIC LINE S.L., and whose purpose is to participate in sweepstakes organized by the entity, as well as send relevant communications relating to the draw. In addition, the entity will publish your data on social networks and websites owned by the entity, in the case of being the lucky winner of the prize draw.

As the promotion takes place within the social network Instagram, the processing of your data on this platform corresponds to the company that owns it and whose conditions of use have been previously accepted by the participants. Instagram has no part in this sweepstakes.

In the event of being the successful bidder, additional evidence, such as verification of age and/or address, will be requested only for the verification of compliance with these rules.

The data will only be verified and will not be retained by the entity in any way once this function has been fulfilled.

The legal basis that legitimizes this treatment will be the consent given when participating voluntarily and expressly by accepting the Rules and Policies described herein, as well as the legal obligations that the company must comply with.

 

Data Protection Information

Responsible for the treatment

Bariatric Line S.L.

VAT ID

B67779934

Address

C/ Viera y Clavijo, núm. 30, 2nd floor, 35002, Las Palmas de Gran Canaria (Las Palmas)

Purpose of Processing

Participation in sweepstakes organized by the Entity. Publication of identification data and messages of the participants. Contact with the participants.

Additional purpose for the lucky winner of the prize drawing

Collect your image and use it for promotional purposes in the entity's own media such as the web, social networks or print.

Time periods or criteria for data retention

The personal data will be kept for the legal periods required for the development of the sweepstakes. In the case of the image and the subscription, they will be used as long as the person maintains the consent.

Legitimacy of the treatment

Legitimacy according to Art 6 RGPD

a) the data subject consented to the processing of his or her personal data for one or more specific purposes;

c) the processing is necessary for compliance with a legal obligation applicable to the controller;

Assignments to third parties

Except for legal obligations, no transfer of data to third parties is foreseen.

Rights of interested parties

Individuals have the right to access, rectification, deletion, portability, limitation of treatment and / or opposition upon request by email or in writing to our address [email protected], duly identifying themselves. You can withdraw your consent to the use of your data at any time. You can exercise your rights before the Spanish Data Protection Agency, www.aepd.es

 

For all of the above, by participating in the sweepstakes and accepting the Legal Bases, participants declare that they have been informed of the conditions on the protection of personal data, accepting and consenting to the processing.

  1. Applicable law and jurisdiction

These Rules comply with the provisions of the terms and conditions of the Instagram platform and shall be governed in accordance with Spanish law. The Courts and Tribunals of the city of the domicile of the company organizing the Promotion, located in Las Palmas de Gran Canaria, will be competent to resolve any claim or dispute that may arise in relation to the validity, interpretation or compliance with these Rules.

  1. Other considerations

The rules of the sweepstakes will be published in the bibliography of the Instagram account of the organizing company and on the website of the organizing company, of which the link/hyperlink will be provided in the publication of the sweepstakes.

BARIATRIC LINE, S.L., reserves the right to modify at any time the conditions of this promotion, including its possible cancellation before the deadline, pledging to communicate the new rules, conditions of the contest or the final cancellation.

The provision of the data indicated throughout these rules by the participants is mandatory to verify compliance with the conditions of the sweepstakes, so the refusal to provide them means the impossibility of participating in the contest.

BARIATRIC LINE, S.L. reserves the right to use the user name of the profile of the winners in all matters relating to the development of the promotion of this contest.

BARIATRIC LINE, S.L. intends that the competition between the different participants of the sweepstakes is made with equal opportunities and with strict respect for the rules of good faith. Therefore, any abusive or fraudulent use of these Rules or the Instagram application will result in the disqualification of the participant.

BARIATRIC LINE, S.L. reserves the right to remove from the sweepstakes for cause any participant and / or user who defrauds, alters or disables the proper functioning and the normal and regulatory course of the same, as well as the right to take legal action against those who perform any act likely to be considered manipulation or falsification of the sweepstakes.

  1. Changes and Acceptance of these Legal Terms and Conditions

BARIATRIC LINE, S.L., reserves the right to modify or extend these Legal Bases of the Promotion, to the extent that it does not prejudice or undermine the rights of the participants in the Promotion.

The mere fact of participating in this sweepstakes implies the automatic and unconditional acceptance of these Terms and Conditions.. Likewise, participation in a sweepstakes of this nature implies acceptance of the rules of the social network Instagram through which it will be developed.

Failure to expressly accept all or part of the Legal Bases will imply the exclusion of the participant from the draw, so BARIATRIC LINE, S.L., as well as its partners, in such a case, will be released from the fulfillment of the obligation to the participant.