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TELEFÓNICA METAVERSE DAY

LEGAL TERMS AND CONDITIONS

Identity of the organiser

Telefónica Digital España S.L.U., a Spanish company with registered office at Gran Vía 28, Madrid and with Tax Identification Code B-83188953 (hereinafter, "Telefónica Digital").

Subject matter of the draw

As part of the Telefónica Metaverse Day event organised by the CDO Product Marketing team, a part of Telefónica Digital, two prize draws will be held for those attending the event. The main aim of these draws is to generate demand for the metaverse environment, as well as to give visibility to the Telefónica Group’s metaverse value proposition displayed at the event, all of which is subject to these legal terms and conditions.

1. REQUIREMENTS TO PARTICIPATE IN THE DRAW
  • 1.1 The requirements to be fulfilled in order to acquire the status of participant are:
    • To have registered as one of the attendees who participate in the demos of the event:
      • (i) on the event´s website to attend in person;
      • (ii) to attend and participate in the demos that will be held throughout the event using the event´s webapp for each demo; the more one participates, the more tickets one will get for the prize draw; and
      • (iii) to answer the satisfaction survey on the event´s webapp.
    • In the draw among the virtual attendees who complete the survey sent after the event:
      • (i) to have registered for the event to attend virtually; by streaming or through the AltSpace VR Multi-User Virtual Environment;
      • (ii) to attend the event; and
      • (iii) to complete and return the survey that will be received after the event and agree to participate in the draw.
2. IDENTIFICATION, FORM AND DEADLINE FOR PARTICIPATION
  • 2.1 All attendees of the Telefónica Metaverse Day event held on the 29th September 2022 who meet the above-mentioned participation requirements are eligible to participate.
  • 2.2 Deadline for participation:

    For the prize draw among the attendees who participate in the demos of the event, the deadline to participate will be 29th September 2022, when the event ends and the possibility to participate in its demos and obtain the corresponding tickets.

    For the draw among the virtual attendees who complete the survey submitted after the event, the deadline will be 7 days after the survey has been submitted.

  • 2.3 Each attendee may participate only once in each of the draws.
  • 2.4 Form of participation:

    For the draw among the attendees who participate in the demos of the event, the person interested in becoming a participant, in addition to meeting the rest of the aforementioned requirements, will have to use the webapp of the event, which can be accessed without the need to download it, at the link provided during the event. Entrants must then register with the same personal details used to register for the event, which will generate a unique QR code that will allow them to participate in each of the demos at the event. The interested party must show this QR code to the relevant demo guru in order to obtain the demo ticket. The more you participate in the demos, the more tickets you will get and, if you answer the satisfaction survey in the "Your opinion" section, you will automatically be entered into the prize draw.

    For the draw among the virtual attendees who complete the survey sent after the event, any person interested in becoming a participant, in addition to complying with the rest of the aforementioned requirements, will have to complete the survey they will receive after the event, providing the same personal data they provided when registering for the event, and agreeing, before sending the survey, to participate in the draw.

3. SELECTION OF WINNERS AND PRIZES
  • 3.1 The winners of both draws will be selected no later than 7 days after the end of the entry period. The selection will be made separately for each draw, using the Microsoft Excel tool, which will include the list of participants who have fulfilled the aforementioned requirements, and a winner will be chosen completely randomly by using the "RANDBETWEEN function". In the case of the on-site draw, the probability of winning will vary according to the number of tickets obtained by the participant, while the participant’s identifier will be included in the list of participants, repeated as many times as the number of tickets he/she has obtained. There will be only one winner per draw.
  • 3.2 With regard to the prize, each winner will be awarded a pair of Meta Quest 2 glasses (here in after referred to as the "Prize"). The retail price of the device is €449.00, including applicable indirect taxes.
  • 3.3 The deadline to claim prizes resulting from the draw will be twenty-four (24) hours after the day when the winner is selected.
  • 3.4 At the end of the draws, Telefónica Digital will contact the winners at the email address they have used to register and will inform them of how the prize will be sent, with Telefónica Digital bearing the costs of sending the prize. No prizes will be sent outside the territory of the European Union. Telefónica Digital will not be held responsible for the loss or deterioration of the prize during its delivery by the courier company or as a consequence of responsibility attributable to the winner.
4. PERSONAL DATA PROTECTION
  • 4.1 The personal data obtained from the participants (first name(s), surname(s), email address, company, country, city, postal address and data necessary for the purposes of compliance with tax obligations) will be processed by Telefónica Digital, as the data controller, in accordance with the provisions of the applicable regulations on data protection and for the purpose of managing participation in the event, manage and promote its implementation, carry out the correct delivery of the prize in the draw and comply with the applicable legal obligations, all on the basis of the execution of these legal terms and conditions accepted by the participant and in compliance with the legal obligations applicable to Telefónica Digital.
  • 4.2 Telefónica Digital undertakes to:
    • - Process the personal data of those registered for the event for the purposes described in these legal terms and conditions.
    • - Implement appropriate technical and organisational measures to ensure the security of any personal data and to prevent its unauthorised alteration, loss, processing or access, taking into account the state of the technology, the nature of the information provided and the risks to which it is exposed, whether as a result of human activity or physical or natural sources.
    • - Not to transfer participants’ personal data to other organisations outside Telefónica Digital, unless this is necessary to fulfil the purposes described. For example, in the event of winning, it may be necessary for personal data to be provided to the company responsible for delivering the prize or to the competent authorities and public administration agencies as required by legal requirement or obligation.
    • - To process the personal data for the time necessary to fulfil the purposes described and to erase them once the reasons for which they were collected have ceased.
  • 4.3 The participant concerned may contact Telefónica Digital at any time with any issue relating to the processing of his or her personal data or to exercise his or her right to withdraw consent, access, rectification, restriction, erasure and other rights to which he or she is entitled in relation to his or her personal data by writing to digitalconsumer-gdpr@telefonica.com. In addition, the participant is informed that Telefónica Digital has appointed a Data Protection Officer who can be contacted by writing to DPO_telefonicasa@telefonica.com. Likewise, you are informed of the possibility of lodging a complaint with the Spanish Data Protection Agency if you consider that the processing of your data has infringed the applicable data protection regulations.
  • 4.4 The participant can find additional information about the processing of his/her personal data in the Privacy Policy applicable to the event accepted at the time of registration.
5. TAX OBLIGATIONS
  • 5.1 The awarding of a prize to an employee shall be considered as employment income for that employee, in accordance with article 17 of Law 35/2006of 28 November, on Personal Income Tax, and therefore the withholding tax that Telefónica Digital is obliged to pay as a result of the award will be deducted from the prize. In order to comply with the above, the prize winner will need to provide sufficient identification data.
  • 5.2 All taxes arising from the execution of these rules and delivery of the prize will be paid by the parties in accordance with the law. The withholding on account of Personal Income Tax that Telefónica Digital is bound by law to make as a consequence of the delivery of the prize to individuals will be deducted from the prize.
  • 5.3 The prize winner will be bound to provide all his/her tax details to Telefónica Digital so that the latter can comply with all the formal obligations arising from this prize draw.
  • 5.4 Telefónica Digital will make available to the winner the certificates of withholdings made within the period established by law for this purpose. The winners will be responsible for complying with the tax obligations established by law that obtaining the prize entails for personal taxation purposes.
6. DISCLAIMERS AND LIMITATIONS
  • 6.1 Telefónica Digital is responsible for managing the event draw and making decisions relating to the event. Likewise, Telefónica Digital reserves the right to change the deadlines for participation and delivery of the prize, as well as any other term or condition of the prize draw, whenever, in its opinion, circumstances require.
  • 6.2 Any liability for damages of any nature whatsoever that may be due to the temporary lack of availability or lack of continuity of the functioning of the telecommunications networks, is hereby excluded.
  • 6.3 Telefónica Digital reserves the right to:
    • - Eliminate, consider null and void or invalidate the participation of any participant who does not fully respect these legally enforceable terms and conditions.
    • - Bar the participation of any person who disturbs the smooth running of the draw, commits fraud or disrupts the course of the draw.
    • - Carry out any verification it deems appropriate in order to ensure the respect of these legally enforceable terms and conditions, especially to eliminate from the draw any participant who has committed any abuse or has made any attempt at fraud.
    • - Extend, shorten, modify, temporarily interrupt or definitively suspend the draw, without being held liable in any way for it.
  • 6.4 Telefónica Digital is not responsible:
    • - For services that third-party companies must provide in relation to the present promotional activity.
    • - For incidents that arise from carrying out this promotion due to force majeure.
    • - For lost or damaged registrations, or registrations sent erroneously or received late, whatever the cause may be.
    • - For failures or incidents in the telecommunications systems that prevent normal access to, or operation of, the systems used in the draw.
    • - For incorrect or imprecise information, including the information provided by the contestants, printing errors, or by any of the programmes or equipment associated with, or used in, the promotion.
    • - For technical faults of any kind whatsoever including, but not limited to, inadequate functioning, interruptions, disconnections of telephony lines and network hardware or software.
    • - For unauthorised human intervention at any time whatsoever during the draw.
    • - For technical or human errors that may occur in the management of the draw.
    • - For any harm or damage to individuals or assets that may be directly or indirectly, completely or partially, caused by participating in the draw or receiving the prize, or the proper or improper use of said prize.
    • - For any physical injury to the participant or third parties that occurs in connection with the enjoyment of the prize.
7. ACCEPTANCE OF THE TERMS AND CONDITIONS
  • 7.1 Participation in the prize draw entails acceptance of these terms and conditions, compliance with which is an essential requirement. Any questions or suggestions will be answered, and they can be sent by writing to the following email address metaverse@telefonica.com
8. APPLICABLE LAW AND JURISDICTION
  • 8.1 The law applicable to the draw shall be Spanish law. Any dispute that may arise with respect to the validity, effectiveness, interpretation and execution of the prize draw and of these legally enforceable terms and conditions will be subject to the jurisdiction and competence of the Courts and Tribunals of the city of Madrid, waiving any other jurisdiction that may correspond to the participant.

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