Vamos/ LATAM Contest – Legal bases
Participation in this contest is voluntary and unpaid, and implies acceptance of all the terms and conditions herein, which have been filed with a notary.
- ORGANISER OF THE CONTEST (LATAM Airlines Group S.A.) AND BRIEF DESCRIPTION OF THE CONTEST
The company organising the contest, LATAM Airlines Group S.A., with registered address in Spain at Calle Capitán Haya 1, 20020 Madrid, with Tax Identification Code W-5121001-A, is holding a contest to find new explorers for its corporate blog, Vamos Latam Contest, (latam.com/vamos/contest), who shall contribute as bloggers. The contest shall be held through the submission of applications on the blog itself; with winners in each category being chosen and reserve bloggers being selected. Should the winners decline the opportunity to travel around Latin America for two to three months, the reserve bloggers will then be evaluated to become a blogger for LATAM Airlines Group S.A.
- LATAM Airlines Group S.A. hereby authorises in the United Kingdom and commissions the company TERRITORIO CREATIVO S.L., with registered address at Calle Eloy Gonzalo, 27, 7ª floor, 28010 Madrid, and Tax Identification Code B-81714214, to create and produce the promotional campaigns for the company. TERRITORIO CREATIVO S.L. is a marketing and advertising company that produces advertising campaigns for LATAM Airlines Group S.A., and manages this contest.
- By mere participation in this contest, the user agrees to accept all the terms and conditions contained herein.
- The following terms and conditions complement, where appropriate, any other conditions which may appear in the promotion of the contest, if any. Where any of the points therein to be contradicted, the latter shall prevail.
- The organiser of this promotional activity, which is regulated by these terms and conditions, is the company LATAM Airlines Group S.A. (hereinafter “LATAM”), which, either directly or through any of its affiliates, shall hold a contest in accordance with the terms and conditions set forth herein (hereinafter “the contest”).
The selection process shall have a temporary duration from 10:00:00 on Monday 30th January 2017, the date from which the participants can begin to participate and vote, to 23:59:59 on Sunday 19th March 2017 inclusive (hereinafter the “duration”), at which time the promotion shall end. These times refer to mainland Spanish time (GMT +1). After this date, no more participations shall be accepted from any user.
Notwithstanding the foregoing, LATAM reserves the right, at its own discretion, to shorten and/or extend the duration of the selection process or to change the terms and conditions thereof, in which case it shall duly notify the interested parties of said changes via the social media profiles of LATAM Airlines in the United Kingdom.
Similarly, when there are grounds for justification, LATAM may advance or cancel this selection process, after which it shall notify the participants. In such an event, said cancellation shall not bear any liability on LATAM nor entitle participants to compensation of any nature.
- GEOGRAPHICAL SCOPE
Any individual with current and permanent residence in the United Kingdom, over the age of eighteen (18), may participate in this contest by visiting the website http://www.latam.com/vamos/contest, and entering the section provided for applications.
- CONDITIONS OF PARTICIPANTS (who can participate)
Any person who meets the requirements outlined in the previous sections, with valid documentation and full availability to travel upon request from LATAM.
Any participant who violates or fails to respect these rules and/or the terms and conditions of the website may not claim any award from LATAM.
Only one entry is allowed per person. Should one user participate with different user accounts, LATAM reserves the right to disqualify them at any time. Moreover, in the event of being proclaimed winner, LATAM reserves the right to withdraw the award and/or take appropriate legal action against said user.
In order to take part in the contest, participants must be properly registered in the entry form, and must complete the information required by the form, provided that they are entitled to participate therein.
The details entered by the participant in the registration form shall be stored in a database which shall remain property of LATAM. The participant shall expressly consent to the processing of their details by LATAM. The personal details of participants shall form part of a file owned by LATAM with the aim of managing the contest. Participants may at any time exercise their right of access, rectification, cancellation and opposition regarding personal data by writing to LATAM Airlines Group S.A., Calle Capitan Haya 1, 7th Floor, 28020 Madrid, Spain.
Employees of LATAM Airlines Group S.A., its subsidiaries and related companies, or any other person who has directly or indirectly participated in the creation, design, implementation and closure of the contest, may not participate in said contest.
Participants shall not use the name, brand, logo or symbol of LATAM Airlines Group beyond the stipulations provided in these terms and conditions, under penalty of being held liable for any losses or damage which this may cause.
- INTERNET ACCESSIBILITY AND RESTRICTIONS
The only means of access and participation in the contest is the website hosted on http://www.latam.com/vamos/contest, therefore it is necessary to have access to the Internet. Any participation or attempted participation by any other means shall be considered null and void.
LATAM Airlines Group has no control over the Internet, which is a global, decentralised network of computers. For this reason, access to the website and development thereof may not be guaranteed without errors or interruptions.
LATAM Airlines Group makes every effort to ensure continuity of service of the website, but there may be occasional technical problems beyond our control and/or the control of our web hosting provider.
LATAM Airlines Group is not responsible for said technical problems occasionally preventing access to the website, or its operation, and consequently the guaranteed access to the contest section.
- WORKINGS OF THE CONTEST
REGISTRATION FOR THE CONTEST: from Monday 30th January 2017 until 19 March 2017, a section shall be enabled on the blog http://www.latam.com/vamos/contest, to allow the participation of all those interested in applying for the “VAMOS LATAM Contest” organised by LATAM and opting for the possibility of becoming the next explorer who will travel as a blogger for a minimum of two months and up to three months (90 days) to the destination, or destinations, in Latin America which both parties agree (with a máximum of 3 countries), under the specified terms and conditions.
In order to participate, candidates must submit a description of their motivations, send a video presentation, indicate their social media presence or the URL of their blog, if appropriate, or present visual documents (photographs and videos) which they would like to contribute. For that purpose, LATAM shall enable a form in which the interested parties can present their application with the materials they desire. Drafts of these forms can be saved for up to 72 hours, after which time they shall be deleted if they have not been validated. Once the application is validated, further editing or modification thereof shall not be possible. It can be removed if the participant informs us via a private Facebook message stating the applicant’s name, the reason for the request and the email address associated with the application.
Each applicant may participate, with all materials they deem appropriate and which meet the required characteristics.
Only applications filed through the website within the duration of this contest shall be taken into account. If the period for receipt of applications were be extended, these shall also enter to participate in the contest, even if the receipt thereof is outside the dates and hours immediately indicated and adapts to the new duration defined by LATAM, which shall always be communicated publicly.
Participating users that have a query, comment or complaint with respect to the contest can communicate it with us via Private Message on the LATAM Airlines UK Facebook page, https://www.facebook.com/LATAMUK/.
PRESELECTION OF APPLICATIONS: applicants may be shortlisted in two ways.
Social Shortlisting Model: each of the applicants shall have a social button (“Like”) which functions as a voting system. In order to vote, the person will need to be a Facebook user and to be logged in. Each logged-in user will have three votes (each one of them sums to 10 points). Only one vote per user may be registered in each of the three enabled applications.
Based on the votes received by the applications, a ranking shall be made and the ten (10) most voted participations at the end of the voting period will automatically be shortlisted as finalists.
Given the necessary intervention of third parties, in particular from computer and technical systems over which the organiser has no control, the organiser cannot ensure that all votes or participations, nor other elements of this contest, shall be taken into account. However, the organiser shall make the greatest technical and human effort possible in order to avoid this situation.
If the organisation detects duplicate profiles making fraudulent use of the voting system, the applications connected to this suspected anomaly may be disqualified without appeal.
The social shortlisting model shall finalise on Sunday 19 March, with the end of the voting period.
Jury-Based Shortlisting Model: applications which are not shortlisted by social voting shall be submitted for shortlisting by a jury of media experts, appointed by the Organiser. They shall be responsible for evaluating said applications and choosing thirty (30) applications which shall be shortlisted according to criteria of originality and quality. Their decision shall be final.
The jury-based shortlisting model shall finalise on Friday 7 April.
SELECTION OF APPLICATIONS: with a total of 40 shortlisted applications: 10 (ten) of which were shortlisted via social voting and another thirty (30) by the jury, the final selection process shall begin.
This selection shall be conducted by a new jury, appointed by the organisation to this end, and whose decision shall be final. This jury shall deliberate which three (3) applicants shall be named winners; and which six (6) applicants and in which order, shall be named as reserves for the award, should one of the winners fail to accept the award. LATAM reserves the right to name more or less than three (3) winners or eventually name no winners for any of the categories.
LATAM, as organiser of the contest, reserves the right to contact, by means of the jury, the shortlisted applicants by means of personal interviews.
The deadline for selection of the shortlisted applicants (jury-based) is the 7 April and from that day until 7 May personal interviews may be conducted with the applicants.
ACCEPTANCE OF THE AWARD: once the selected applicants have been chosen, they shall be contacted by email on 15 May. Once said email has been sent, the recipients thereof shall have seven calendar days to confirm acceptance of the award and verify their details (with this period ending on 22 May at 23:59).
From 24 May, and within a maximum period of 7 calendar days (until 31 May) the identity of the winners of the second edition of Looking for Explorers shall be posted on the LATAM social media profiles.
- DESCRIPTION OF AWARD
Winning participants selected by a jury of experts appointed for this purpose may become explorers/bloggers for LATAM on http://www.latam.com/vamos/contest, under the terms and conditions agreed by both parties.
This entails the opportunity to travel for two to three months around the country or countries of Latin America (forming part of the destination network of LATAM Airlines) upon which the winning applicant and LATAM agree. The trip shall take place on the dates agreed between the parties but always between July 2017 and April 2018. If there is no agreement for the dates when the trip shall take place, LATAM will decide when the explorers are travelling. There being no maximum number of flight segments, each case shall be individually studied with the winners.
The winner shall enjoy a cash allowance of £1,500 per month for a maximum of three months to pay for accommodation, travel not by air, destination-based activities and expenses during the trip. Furthermore, LATAM shall provide an “Explorer Kit” consisting of different objects that will be useful in their adventure (including one adventure camera, a backpack and other prizes) and air transport for the route agreed by both parties.
Taxes.- The letter of acceptance of the award shall state the value thereof value for the winner to meet their tax obligations, if any.
- NOTIFICATION AND AWARD
As stated above, once the applicants have been chosen for the award, they shall be contacted by email on Tuesday 15th of May. Once said email has been sent, the recipients thereof shall have seven (7) calendar days to confirm in writing their acceptance of the award (with this period ending on 22 May 2017)
LATAM may ask the winner to demonstrate compliance with the terms and conditions of participation, including proof of age and identity, as well as the accuracy of personal information provided during registration before LATAM checks and confirms the award to the successful applicants.
After verification by LATAM of the identity of the winner and their compliance with the terms and conditions of the contest, a meeting may be arranged with the applicants to determine which Latin American destination(s) shall be visited and the exact route. This decision shall be made by signing a mutual agreement between the parties involved (LATAM and the winners).
LATAM and the winners shall meet to negotiate the terms and conditions of such contracts.
If the winners of these awards do not to accept the terms of the contracts, LATAM reserves the right to appoint another winner, who shall correspond to the first reserve (depending on the assessment of the jury) or the second reserve, were these circumstances to be repeated. Should there not be enough reserves, the award may be declared null and void.
From 23th of May, and within a maximum period of 8 calendar days, ending on 31 May, the identity of the winners of the second edition of Looking for Explorers – 2nd Edition be posted on the LATAM social media profiles.
- TRANSFER OF RIGHTS AND AUTHORISATION OF USE OF IMAGES
All applicants, simply by participating, agree to transfer the rights to use the materials provided to support their application to participate in the contest including, but not limited to, the rights of posting, reproduction, distribution, disposal, public communication and transformation of these interpretations, all without time limit for the whole universe and for the use thereof on any systems or methods in the broadest terms allowed by law to LATAM.
Likewise, and solely for the purposes of the contest, all applicants irrevocably authorise LATAM to use their name and image, without geographical or time limits.
These transfers of rights are not subject to any financial or monetary consideration, nor contributions (with the exception of the awards received by the winners), so the applicants shall not have any right to receive or claim any amount from LATAM or from any other person or entities authorised thereto by exercising said rights.
These materials provided by participants shall only be used in relation to the contest.
- AMENDMENT OF THESE LEGAL TERMS AND CONDITIONS
LATAM reserves the right to alter and/or modify at its discretion, these terms and conditions to accommodate any changes in circumstances which may affect the development of the contest, duly communicating any such changes on http://www.latam.com/vamos/contest, at any time.
- DATA PROTECTION AND GENERAL CONDITIONS
The personal details of participants shall form part of a file owned by LATAM with the aim of managing the contest.
- NOTICES AND LIMITATIONS OF LIABILITY
LATAM shall not be liable for any technical failure which may prevent access to the website and thereby participation in the contest, although it shall perform all the necessary work to address any such failures in the shortest time possible.
LATAM shall not be liable under any circumstances for the damage, theft or loss (as well as financial losses, including but not limited to, loss of business, loss or damage of data and loss or damage of property) sustained in connection with the contest or any awards thereof. LATAM shall not be liable in any way for any incorrect use of the website during the bidding process for the awards.
The applicant hereby accepts and recognises that the information, software and any other material accessible via the Internet to enter the website material may contain viruses, worms, Trojan horses, or any other harmful or destructive components. LATAM shall not be liable for any direct or indirect damage or harm caused to the applicant which results or may result from their access to the website or use of the Internet.
13.DISPUTES AND APPLICABLE LAW
These terms and conditions are governed by Spanish law. Failure of any of the terms and conditions by the participant shall constitute their immediate elimination.
The participants and LATAM hereby agree that any disputes which may arise in the interpretation or enforcement of these terms and conditions shall be subject to the jurisdiction of the Courts of the City of Madrid.