CUPRA X Rosalia

CUPRA X Rosalia Challenge Terms & Conditions

Rules of the Promotion “CUPRA DRAW”

RULE 1.- ORGANIZER, TIMEFRAME, GEOGRAPHICAL SCOPE AND PARTICIPANTS

The company SEAT, S.A. (“hereinafter referred to as CUPRA”), with registered office at Autovía A-2, Km. 585, Martorell (08760), Barcelona, and registered in the Barcelona Commercial Registry, in volume 23662, folio 1, page B-56-855, and holder of tax identification number A-28049161, will organize the promotion “CUPRA Born Draw” (the “Promotion”) in the following territories: (i) Spain (except Ceuta and Melilla and Canary Islands); (ii) United Kingdom; (iii) Italy; (iv) Germany; (v) France; and (vi) Mexico, which will be open to entries from 28/04/2023 until 18/06/2023, inclusive (the “Entry Period”).

All adults who reside in the above-mentioned territories and fulfil the conditions for participation specified below, can participate in the Promotion.

Employees of SEAT Group, and of its collaborating companies, cannot participate in this Promotion. All persons that have been directly or indirectly involved in preparing and/or publicizing the Promotion, and their first-degree relatives by blood or marriage, may not participate either. In general, legal entities and persons aged under 18 years will not be entitled to participate.

CUPRA states that the right to participate in this Promotion is entirely free of charge.

Internet access and a TikTok account set to public are required to participate in the Promotion.

If you have any queries about the Promotion or these Rules, then please contact us at 0800 049 7106

RULE 2.- PURPOSE

The objective of the Promotion is the promotion of the brand CUPRA and its presence on social media. For that purpose, the prize described in Rule 5 (“the Prize”) is awarded among the participants who, entered the promotion during the Entry Period of the Promotion and comply with the conditions and requirements established in these rules  (the "Rules").

RULE 3.- CONDITIONS FOR PARTICIPATION

Any individual, aged 18 years old or over, resident in the territories indicated in the first rule, who meets the following requirements, will be entered into the draw to win a prize :

- Follows the TIKTOK profile of CUPRA Official: https://www.tiktok.com/@cupra_official throughout the Entry Period and until such time as CUPRA has conducted the draw and awarded the Prize

- Uses the Hashtag of the challenge which is: #CUPRAxROSALIA on the video they uploaded to enter the Promotion

- Participates in the TIKTOK Challenge launched on the CUPRA TikTok channel: to upload a video responding to the challenge presented on that channel during the Entry Period. The participant must respond to the challenge using the audio provided by CUPRA for the purposes of the challenge, in connection with the “CUPRAxROSALIA” campaign. No other audio or music is permitted.

- Have the profile from which they are participating open, as well as the list of accounts followed in that profile, throughout the Entry Period and until such time as CUPRA has conducted the draw and awarded the Prize.

Participation will be exclusively online via TikTok.

Videos of users who participate in the challenge will appear (at the sole discretion of CUPRA) on a highlights page of the challenge channel on TikTok, where participants will be followed by country.

The express acceptance of these Rules is a necessary condition for participation in the Promotion and, consequently, to be eligible to obtain the Prize. Videos of participating users that do not fulfill all the conditions specified in these Rules will be automatically ruled out.

In addition, videos are not permitted if their content is defamatory, libelous, insulting, threatening, rude, obscene, provocative, sexist, homophobic, discriminatory or objectionable for any other reason or contravenes the TikTok terms and conditions of use. Videos must not depict any behavior which or may appear unsafe, irresponsible, illegal or inappropriate. Videos must not depict alcohol, tobacco, gambling, vaping, drugs, pharmaceutical products or weapons of any kind.

This includes, by way of illustration but not limited to, videos that do not comply with these rules; include contact information or personal data, for example, name or TikTok or other social media handle (of any person other than the person submitting the video) telephone numbers, postal or email addresses, bank accounts; promote products or services for profit or other commercial purposes; are in any way illegal or justify or encourage illegal activities or do not comply with all applicable legislation; violate, directly or indirectly, rights of third parties, including the violation of industrial and intellectual property, trade secrets, know-how, and the right to honor, privacy and personal image; or include personal or offensive comments regarding CUPRA, its brands or products or those of any third party.

Videos must not include any music other than the audio provided by CUPRA on the CUPRA TikTok channel for the purposes of the TikTok challenge. Videos must not mention any brand other than SEAT or CUPRA or include any logos, trademarks or branded products. Videos must not refer to any competitor of CUPRA. CUPRA reserves the right to exclude any video breaching this term from the promotion. Videos must not feature any individual other than the participant, without their permission.

In any event, participants warrant that their video is their own original work and they have all the necessary rights and permissions to publish the videos on social media, exempting CUPRA from any liability that may arise in the event of any possible claim by third parties.

CUPRA reserves the right to reject the participation of videos that contravene the above-mentioned restrictions and, where permitted by law,  to bring legal proceedings against those directly or indirectly responsible for them.

The identity and eligibility of the winning participants may be checked against official documents (national identity card (DNI), passport, driver’s license, etc.), at any time, both before and when prizes are awarded.

RULE 4.- PRIZE

The Prize consists of a CUPRA BORN vehicle

If the winner is from the United Kingdom: CUPRA Born V3 58kwh eBoost 230ps Aurora Blue Metallica paint, 20'' wheels copper blizzard, Dinamica Bucket seats in Aurora Blue, Skyline (fixed glass roof), Beats Audio, Pilot (L), Tech (M) and Cargo pack

Since the CUPRA BORN is not currently marketed in Mexico, if the winner of the Prize is from that territory, the Prize will be a CUPRA FORMENTOR.

The Prize will be personal and nontransferable.

The Prize may not in any event be exchanged for its cash value..

CUPRA reserves the right (but is not obliged) to substitute the Prize with another of equivalent or greater value, if circumstances outside of its control make it necessary.

CUPRA reserves the right to adopt corrective measures and to take any reasonable decisions that are necessary to resolve any incidents that may arise in the course of the Promotion to ensure that it is properly conducted.

RULE 5.- PROMOTION MECHANIC AND NOTIFICATION OF THE RESULT OF THE PROMOTION

Each participant must fulfill all the conditions established above to be included in the draw with a chance of winning the Prize. The Promotion is a random prize draw (there will be no judging of participant videos).

PHASE 1- Video selection: Tiktok will create a file with all the participants' TikTok user codes which follow  CUPRA's official profile https://www.tiktok.com/@cupra_official and have used the hashtag #CUPRAxROSALIAWhen CUPRA receives the above-mentioned file, sixty (60) numbers will be freely selected at random before a Notary Public. The first number chosen at random will be the winner of the prize, leaving the remaining fifty-nine (59) as alternates in the event that the winner cannot be contacted, the winner does not comply with the requirements established in these Rules, does not provide the information requested by CUPRA to verify their identity or eligibility or expressly renounces the prize. In the event that the alternates, in turn, are not located or do not accept or renounce the prize according to the process described above, within 72 hours after the assignment of the prize, the prize will be declared void.

The draw will be held in June 2023 in the office of the notary Mr. Javier García Ruiz whose professional address is Av. Diagonal 622, 1º (entrada Plaza Wagner, 5), 08021 Barcelona, and CUPRA reserves the right to modify this date at its convenience.

PHASE 2- Eligibility verification: CUPRA will send to TikTok the user codes that have been selected as candidates for the winner (60) in order to verify that:

(i) The video complies with the dynamics of the challenge and uses the audio described in Rule three of this document;

(ii)The user follows CUPRA's official profile https://www.tiktok.com/@cupra_official

(iii) The video does not contain defamatory, slanderous, insulting, etc. content, and meets all other requirements in accordance with the provisions of  Rule three of this document.

Once the above checks have been carried out and the videos that do not meet the requirements have been removed, TikTok will return the listing to CUPRA, including the link to the video and the profile name, so that CUPRA can make the relevant checks in turn. Only the owner of the TikTok profile through which the challenge video is submitted is eligible to be included in the draw and receive any prize. Persons who are featured in the video but are not the owner of the TiKTok profile will under no circumstances be eligible to be included in the draw or receive a prize.

PHASE 3 - Confirmation: CUPRA will contact the winner from the CUPRA_Official profile through the TikTok account with which he/she has participated during the two weeks following the day of the draw and will carry out the following additional verifications: (i) that the winner is of the minimum age set out in these Rules; (ii) that he/she is a resident in the territory established in first rule; (iii) that he/she signs the prize acceptance document.

For the above-mentioned purposes, it is the participants’ obligation to keep their TikTok profile and the list of accounts followed open. The winning participant must reply to the CUPRA’s message within 72 hours from the notification received. If no reply is received, CUPRA will assign the prize to the alternates in strict order of substitution. If none of the alternates, in turn, accept the prize or they waive it or they cannot be located in accordance with the process described within the same period, the award will be declared void.

When the winner has been actually contacted, CUPRA will provide that person with a document for the purpose of indicating his/her acceptance of the Prize and so as to establish the details for delivering it. The winning user must expressly reply “I ACCEPT / I DO NOT ACCEPT” and return it duly signed. CUPRA will not assume any responsibility to the winner if, for any reason, it is not possible to notify them that they have won the Prize by means of the procedure established in these Rules.

Entries that are not submitted in accordance with these Rules and/or that are delayed, damaged, incomplete, altered, illegible or otherwise defective (or which CUPRA cannot identify due to the Participant's entry being removed or filtered from search or the suspension or termination of the Participant's TikTok account will be disqualified).

RULE 6.- MARKETING ACTIONS TO PUBLICIZE THE PROMOTION

The Promotion will be publicised by email, social media and CUPRA official channels, and through content creators and CUPRA brand ambassadors on social media.

RULE 7.- DELIVERY OF PRIZES

The Prize will be delivered through the dealer closest to the winning user’s place of residence. For this purpose, CUPRAwill bear all vehicle’s transport, importation and logistics expenses associated with delivering the Prize to the winner’s closest dealer. CUPRA will provide winner’s data to the local dealer and the dealer will contact the winner to organise a date and time for the winner to collect the Prize at the dealer,  according to the availability of both parties.

CUPRA will also bear all expenses and taxes arising from the delivery of the Prize (e.g. delivery to an authorised CUPRA agent, number plates, new vehicle registration free, the first year's Vehicle Excise Duty and VAT (calculated at 20%).

Except if the winner is from Spain, the Prize will be delivered by the importer for legal and tax purposes and the importer will be responsible for the delivery for all purposes.

Once the Prize is collected by the winner, any costs other than those set out in the prize details above will not be covered by CUPRA.

The Prize will be delivered to the dealer within 90 calendar days from when it is formally accepted by the winning User.

RULE 8.- FRAUD

If CUPRA or any entity professionally linked to this Promotion detects any irregularity or suspects that a participant is impeding the normal conduct of this Promotion, including by illegally altering their registration or their participation by any technical or computerized procedure so as to falsify their participation, CUPRA may unilaterally disqualify that participant.

It is important to add in this respect that CUPRA has provided the necessary technological devices to detect any possible fraudulent or irregular behavior or willful misconduct that may alter participation in this Promotion for the purpose of unlawfully obtaining a Prize. Therefore, CUPRA reserves the right to disqualify any participant known or suspected to have engaged in irregular conduct in the manner described, without any notification to that person.

RULE 9.- FORCE MAJEURE

CUPRA reserves the right to extend, modify, cancel or suspend this Promotion or to adopt the necessary reasonable measures if it needs to do as a result of reasons outside of its control  .

If, for the above-mentioned reasons, it is necessary to change the date of the Promotion, CUPRA will notify the new date to all participants through the CUPRA official TIKTOK channel or by other means available to it.

In any event, CUPRA will be exempt from any obligation to compensate participants, if the above-mentioned causes arise or if, due to a legal obligation, the Promotion is suspended or cancelled; participants will be duly notified of this situation as soon as possible.

RULE 10.- WITHHOLDINGS – NOT USED

RULE 11.- IMAGE RIGHTS AND INTELLECTUAL PROPERTY

By participating in the draw, participants in the Promotion authorize CUPRA to use and, if appropriate obtain, their name and profile image from social media, so as to subsequently distribute or use it in relation to their participation in the Promotion.

Participants in the Promotion expressly authorize CUPRA to use and reproduce by any means their image, voice and name, so as to subsequently distribute or use it in relation to their participation in the Promotion or award and enjoyment of the Prize or both.

This authorization includes the use by CUPRA of the name, image or voice of participants for promotional purposes in any media, whether analogical or digital, print, audiovisual or digital media, press, radio, internet or social media of CUPRA, worldwide, free of charge and for the maximum duration of the rights.

Without prejudice to the above, CUPRA will not in any event be obliged to use the images, names or voice of participants, which it may or may not partially use, by selecting photographs, reproductions or making the cuts or adaptations that it considers appropriate in each case.

Furthermore, the winners of the Promotion assign to CUPRA all intellectual property rights over the contents or creations that they publish to participate in the Promotion (in particular, over the video with which they participate in the Promotion) and, in particular, the rights of reproduction, distribution, communication to the public (including making available to the public on the Internet) and transformation over those contents or creations, worldwide and for the full duration of those rights, so that CUPRA may exploit them as it sees fit, by any means or in any format or media, CUPRA being entitled to freely sublicense those rights to third parties.

The authorizations and the assignment referred in this clause are free of charge, participants expressly agreeing not to receive any remuneration in this respect other than the award of the Prize to the winner.

RULE 12.- DATA PROTECTION

Who is the data controller?

For what purpose do we process your data?

CUPRA will process the personal data that you provide, for the following principal purpose of managing your participation in the Promotion (including, by way of illustration, but not limited to, contacting winners, confirming that they fulfill the conditions to be participants and winners and delivery of the Prize).

What kind of data do we process?

CUPRA will process the requested data to participate in this Promotion. In addition, other personal data may be requested from you, such as your, date of birth, tax residence, or zip code, if you have been selected as winner of the prize, for the purpose of verifying fulfillment of the conditions of the Promotion, confirming your identity and its eligibility, preventing fraud, and handling CUPRA’s legal and tax obligations as organizer.

No profiles will be created nor will automated decisions be taken on the basis of any personal data processed.

What is the legal basis for the processing of your data?

The legal basis for the processing of your data is the performance of a contract consisting of properly managing your participation in the Promotion in accordance with the terms of these Rules. The processing of your data is strictly necessary for the fulfillment of the obligations arising from the contract.

To whom will the data be disclosed?

If you are the winner, your data may be disclosed to companies connected with the Promotion and CUPRA dealers to whom the Prize is delivered. CUPRA may also disclose your data for the fulfillment of legal obligations applicable in each case.

In addition, we inform you that CUPRA contracts its virtual infrastructure according to a “cloud computing” model through Salesforce.com, Inc., with registered office at The Landmark @ One Market Street, San Francisco, CA 94105, United States of America. Since an international transfer of data is involved, CUPRA has signed the standard contractual clauses approved by the Commission for the purpose of maintaining the level of security offered in the European Union. Furthermore, if the winner is from a country not located within the EEA, his/her identification and contact data may be transferred to the third country of which he/she is a resident subject to the adoption, if appropriate, of the necessary adaptation measures to ensure the security of the data. If you are a winner located in United Kingdom, the transfer of personal data is covered under European law as it has been declared a country of adequate level by the European Commission.

How long will we keep your data?

CUPRA will keep your personal data for the duration of this Promotion, and in any event as long as you do not request that they are deleted, and for the time necessary to comply with the legal obligations that may apply in each case according to each type of data (5 years in the case of information related to the participation in the Promotion).

What are your rights as data subject?

RULE 13.- CUPRA’S LIABILITY

Without restricting to any extent the rights conferred on consumers by the applicable statutory provisions, CUPRA accepts no responsibility for the loss or delay of any participation due to any interruption, temporary lack of availability or of continuity of operation, transmission problem, loss of information, fraud, network fault, software malfunction, access, communication or response failure or disruption of the Promotion due to technical or other problems beyond its control or that are attributable to network operators, intermediary service providers or third parties.

Participants in this Promotion exonerate CUPRA, in the broadest terms legally admissible and without restricting in any way their rights as consumers, from any liability, penalty, claim, lawsuit or civil, commercial, criminal or administrative proceedings, including indemnity of any nature or kind, expenses or legal costs (expressly including fees of counsel and court agents (procuradores)).

Without restricting to any extent the application of the guarantees and rights granted to consumers under the applicable legislation, CUPRA will not be liable for the negligent or unlawful use of the Prizes by participants and does not assume any responsibility for any loss or damage of any kind that winners may be suffered, or third parties as a consequence of the use of the Prizes.

CUPRA does not assume responsibility for the information contained in social media that the user may access, since those networks have their own privacy policies over which the company has no control.

CUPRA is exempt from all responsibility for the proper functioning of those networks, for the truthfulness and legality of the content or information not belonging to CUPRA which may be accessed through those networks, and for any damage that the user may suffer arising from the use of their information.

If a court or competent administrative body finds any of the clauses of these rules to be invalid, illegal, void or voidable, it will be eliminated from this document, and may not affect the rest of its clauses.

CUPRA reserves the right to eliminate from the Promotion for a justified reason any participant who defrauds, disrupts or impedes the proper functioning and normal lawful conduct of the Promotion.

CUPRA will be exempt from any kind of liability from the time the winner accepts and receives the Prize. The winner of the Prize may not bring legal action of any kind against CUPRA for any reason arising from the use or enjoyment of the Prize.

This Promotion is in no way sponsored, endorsed or administered by, or associated with, TiKTok. TikTok is completely released of all liability by each participant in this Promotion.

RULE 14.- ACCEPTANCE OF THE RULES

Mere participation in this Promotion implies acceptance of these rules. Therefore, any expression of nonacceptance of all or part of these rules will mean that the participant is excluded and, consequently, CUPRA will be released from the fulfillment of the obligation incurred vis-à-vis that participant.

RULE 15.- DISPUTE RESOLUTION AND APPLICABLE LEGISLATION

CUPRA and participants in the Promotion, by mutual agreement, agree that any litigation arising from these rules will be resolved by the Courts of the city of Barcelona in accordance with Spanish law applicable in the national territory. However, participants resident in the UK may also bring an action in the courts of England and Wales, Scotland or Northern Ireland, as applicable.

RULE 16.- WINNER LIST

The winner’s name and country will (unless the winner has objected on lawful grounds) be made available for the period of two months after the selection of the winner by emailing the following address: customerservice@cupraofficial.co.uk