A CREATION OF ORIGINAL GROUP

Cancn

Jun13

Terms and Conditions

The “Temptation Experience” sweepstake is organized by Operadora DESIRE SAPI de CV (hereinafter the “Organizer”), with place of business at Calle Amores No 1120 Desp. 502 Piso 5 Col. Del Valle Del. Benito Juárez C.P. 03100 City of Mexico. The “Temptation Experience” sweepstake shall be governed by the Terms & Conditions hereinbelow.

Anyone wishing to participate in the “Temptation Experience” sweepstake agrees to comply with all of the Terms and Conditions herein, and participation shall imply that the person has fully read and understood these Terms and Conditions, and agreed to comply with them in full.

Anyone participating in the sweepstake declares and accepts that such participation is under the participant’s own free will and under the participant’s sole responsibility. The Organizer shall not be liable in any way for any noncompliance by the participant with these Terms and Conditions, or for any noncompliance with the terms and conditions of Facebook or Instagram.

 

  1. Participants and participation eligibility

The following shall be eligible for participation:

  • Persons over 21 (twenty-one) years of age.
  • Holders a valid official identification.
  • Persons who can accredit their identity through proving documents (IFE or Passport).
  • In the case of foreigners, holder of a valid passport.

 

The following shall not be eligible for participation:

  1. a) Family members of Original Group employees up to the third degree.
  2. b) Persons who do not fully meet the aforementioned requirements.
  3. c) Persons who have won sweepstakes organized by Original Group within the last 12 (twelve) months.

 

  1. Sweepstake duration:

The sweepstake shall have a duration of 6 months, starting since July 1 and ending on December 31, 2019. After this period, the sweepstake selection process shall take place on the second week of January in 2020.

 

  1. Participation process:

Phase One:

Registration

Dates: The duration of the sweepstake shall be 6 months, starting since July 1 and ending on December 31, 2019.

  • Access the following website: https://www.temptation-experience.com/contest-subscription/
  • Fill out the contact form with the following information:

Name, E-mail, Country, Phone

  • Sign up to the Newsletter, promotion and Temptation brand news mailing system.
  • Confirm the subscription via e-mail.

IMPORTANT: Confirming the registration is indispensable in order to be able to participate in the sweepstake.

 

Phase Two:

Winner selection

Dates:

The sweepstake winner selection process shall take place during the second week of January, 2020.

A winner shall be selected from the registrations confirmed in the database during the registration period specified in Phase One.

There shall be a single winner selected at random, and a system that will assign a random number to each registration will be used for these purposes.

The winner will be contacted via the mail and/or telephone number provided by the winner in order to issue the two-night certificate.

 

  1. Winners:

There shall be a single winner, the selection process is outlined in the previous paragraph.

 

  1. Prizes:

Stay at the Temptation Cancún Resort hotel.

  • Valid for two persons
  • 3 (three) days and 2 (two) nights.
  • All inclusive.
  • Not valid for the Christmas and New Year’s periods
  • In order to validate the certificate, please complete with all requested information and submit via e-mail to the following address: socialmedia@original-group.com
  • The mail must be received at least 3 weeks in advance before the check-in date
  • Once the Booking Department has received the e-mail, the final booking date will be confirmed via the same method within the following three days.
  • Presenting the certificate at the moment of the Check-In is mandatory.
  • The booking confirmation is subject to availability.
  • The certificate is non-transferrable and its expiration date cannot be extended.
  • Flights not included
  • Land transportation to the hotel not included
  • Tips not included
  • Subject to availability

 

 

  1. Winner notification:

    a) Winners shall be notified via e-mail and/or phone call after the sweepstake has ended and before February.
    b) If the winners fail to respond within a period of 48 (forty-eight) hours after having been notified, the prize shall be relinquished and the Organizer will select another winner as per the procedure outlined hereinabove (that winner shall be required to respond to the notification in relation to his/her prize within a period of 48 [forty-eight] hours or his/her prize shall be relinquished as well).
    c) In the event that the winners reject their prize, or if the Terms and Conditions of the sweepstake are breached, the winners of the prize shall relinquish it and the Organizer may choose another winner.

 

  1. Publication of the winner:

The name of the winner shall be published on the sweepstake’s main page: https://www.temptation-experience.com/contest-subscription/  during the second week of January.

 

  1. Prize issuance:

The winner will be contacted and the issuance must be arranged with the department of the Organizer that is in charge of such issuance: This will be performed by the Marketing department: socialmedia@original-group.com. The issuance shall be performed as per the dates specified in the booking and travel period outlined in section 5.

The prize shall be issued in the form of an electronic travel certificate, which shall only be valid when signed by the Sales Directorate.

 

  1. Prize relinquishment:

The Organizer shall not be responsible in the event that the winners fail to receive their prize by reason of force majeure or it the winners waive their right to accept it, and in both cases all rights that the winner may have over the prize shall be waived.

 

  1. Information and inquiries:

In case of inquiries, the participants and/or winners may contact the following number: 998 193 2221 Ext. 7126 – Marketing Department.

Hours: Monday through Friday 8:00 AM through 4:30 PM.

 

  1. Intellectual property rights:

By participating in the sweepstake, the participants guarantee and represent that all rights, licenses, consents and authorizations are granted in favor of the Organizer for the use of their photos, videos and that of the third or accompanying party for the Organizer and its affiliates and licensees to use their photos and videos to the highest extent. Should any of the aforementioned consents, permissions or any authorization not have been obtained in a lawful manner, when offering the photos and videos, the participant shall agree to indemnify and hold the Organizer and its subsidiaries and licensees harmless for and against any claim, damages, loss (foreseeable or otherwise), liability or cost, including reasonable lawyer fees, that result from any lack of consent.

 

By participating in the sweepstake, the participants acknowledge that the Organizer and its subsidiaries and licensees shall have an exclusive, perpetual, worldwide right to use their photos and videos for the purposes of promotion on any media without the need for payment or any other form of compensation.

 

By participating in the sweepstake, the winning participants grant their perpetual, worldwide consent to share the photo(s) or video(s) of the prize trips with the Organizer and its subsidiaries and licensees for the purposes of promotion through any media without the need for payment or any other form of compensation.

 

By participating in the sweepstake, the participants agree that, in the event that their photos or video(s) failed to meet the technical, artistic or legal specifications herein, or if required at the Organizer’s sole discretion, the Organizer shall have the right to disqualify any photo or video.

 

Furthermore, the Organizer and its subsidiaries and licensees shall have no obligation to return the photos or videos or give explanations as to why they were disqualified.

 

By participating in the sweepstake, participants agree that the Organizer and its subsidiaries and licensees shall have no obligation to exploit, distribute and/or exhibit and photo or video, and the participants may make no reclamations against the Organizer and its subsidiaries and licensees in relation to this matter.

 

By participating in the sweepstake, the participants acknowledge that they may be required to be used in advertising without the need for consent or payment. Such advertisement may include, without limitation, the photo of the participant and the participant’s name and/or image, biographical information provided by the participants/winners and/or any statement made by them in relation to the sweepstake and/or the prizes. The participants accept that any or all of these elements may be used by the Organizer and its licensees on any and all media, perpetually, worldwide, as deemed convenient at the sole discretion of the Organizer or its licensees; however, the Organizer and its licensees shall have no obligation to include the participant in any advertisement of any kind.

 

The undersigned, endowed with the legal and sufficient capacities to participate in the “Temptation Experience” sweepstake on my own behalf hereby state that I am participating in the “Temptation Experience” sweepstake freely and voluntarily; therefore, my participation shall imply my express authorization for Operadora DESIRE SAPI de CV (hereinafter “Original Group” and/or “Operadora DESIRE SAPI de CV” and/or “https://www.temptation-experience.com/”) to use, publish, disseminate and exploit my name, image and voice for the purposes of advertising products by Original Group and the generation of various contents for various Original Group channels, including, without limitation, YouTube, Facebook, Twitter and Instagram, television and mass media, either directly or indirectly, or through third parties authorized by Operadora Desire SAPI de CV, as per the terms established by Original Group, and which shall be used by Original Group for promotional purposes in Mexico and abroad on any media, either printed, electronic or any other. In relation to the use of my image in the aforementioned materials, I hereby authorize Original Group to use my image and voice and to reproduce them on any media either partially or fully.

 

By virtue of the foregoing, I hereby grant my express consent as per article 87 of the Mexican Federal Copyright Law for my image to be used, published, reproduced in any way, transmitted or retransmitted by Original Group in any promotional content made by Original Group or any company hired for such purposes, and for it to be displayed in projections, videos, graphs, texts and any other material in which Original Group uses my image for the aforementioned advertising purposes.

 

Furthermore, I hereby grant Original Group the broadest and most extensive release and hold Original Group and/or Operadora DESIRE SAPI de CV, as well as its subsidiaries, affiliates, Representatives, Administrators, Managers, Directors, Shareholders and anyone acting in its representation harmless from any claim that results from the use of my name/image/portrait and I hereby waive any right that I may have to revoke this release as well as any future payment of any amount, considerations or royalties that I may be entitled to for the use of my name, image and/or voice.

 

  1. Privacy notice:

Operadora DESIRE SAPI de CV and/or any third party appointed by Operadora DESIRE SAPI de CV as the processing party agree to maintain a strict confidentiality over the personal information of the participants, and the aforementioned party(ies) shall not be liable for any disclosure of the aforementioned information by persons unrelated to the company, nor shall the aforementioned party(ies) be liable for any damages that may arise from such event.

 

The personal information and/or physical image (photographs and/or videos) provided by the users will be added to a database owned by Operadora DESIRE SAPI de CV. Registered users unconditionally give their consent for the usage and processing of the information provided for the purposes of research, promotion and commercialization of Operadora DESIRE SAPI de CV services and products, in addition to their usage and processing for the purposes of participating in the sweepstake. The aforementioned information may be provided to other shareholder, related or affiliate companies of Operadora DESIRE SAPI de CV for these same purposes. Therefore, pursuant to the provisions set forth in the laws of Mexico, their consent is deemed to have been granted for the processing of the personal information, as well as the physical image, provided exclusively for the aforementioned purposes.

 

Consequently, Operadora DESIRE SAPI de CV states that the information provided shall be treated with absolute confidentiality and as per all security measures provided by law for the purposes of preventing unauthorized accesses or processing as per the Mexican Federal Law on Protection of Personal Data Held by Individuals and our Privacy Notice, which you can find at: temptation-experience.com/privacy-policy/

 

  1. Legal terms: By participating, the participants accept the terms and conditions herein, and participation shall imply that they acknowledge and agree to these terms and conditions.

 

  1. The terms and conditions for participation, processes and restrictions are not open to appeal or subject to negotiations or modifications of any kind, and the Organizer reserves the right to make any modification without prior notice; therefore, the participant agrees to periodically review the terms and conditions for participation for the duration of the sweepstake.
  2. With consideration to the foregoing, the Organizer reserves the right to interpret, modify, change, terminate, extend, reduce, postpone or nullify the duration, requirements, terms and conditions, as well as the prizes to be given, simply by mentioning such changes in the terms and conditions, or if, at the sole discretion of the Organizer, there were elements that prevented its realization.
  3. The Organizer reserves the right to decide on any situation that is not covered by the terms and conditions of the sweepstake. Decisions made shall be final and unappealable.
  4. The Organizer shall not be responsible for any damage, loss, expense or disappointment caused having participated in the sweepstake, or by accepting the prize.
  5. The Organizer shall not be liable for damages to your computer or third party computers as a result of having been used to participate in, or download any material related to, the sweepstake.
  6. The Organizer shall not be liable for any cost associated with the prize, or that is not specifically included in the prize (including, but not limited to, travel visa).
  7. These terms and conditions for participation in the sweepstake shall be governed by, and construed as per, the laws of Mexico and the city of Cancun, Quintana Roo.
Aug17

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