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TERMS AND CONDITIONS OF THE “VOLOTEA TRAVEL PHOTO AWARDS” COMPETITION

These terms and conditions relate to the competition entitled “VOLOTEA TRAVEL PHOTO AWARDS”, run by the company VOLOTEA, S.L., with its registered office at Aeropuerto de Asturias, Santiago del Monte, 33459 Castrillón (Spain) and with Tax ID Number (NIF) B-64841927 (from now on referred to as “VOLOTEA”), and set out the conditions of the competition and of participation in it (the “Terms and Conditions”).

The terms and conditions of participation are available to users at https://www.voloteatravelphotoawards.com.

ONE.- Organiser of the competition.

VOLOTEA.

TWO.- Participation period.

The participation period for this competition runs from September 2nd, 2024 until October 20th, 2024, both inclusive.

The finalists and winners will be selected on the following dates, according to the entry category:

  • “Pros” or “Professionals” category: the winner will be chosen on October 23rd, 2024 by an appointed jury.
  • “Photo Fans” category: eight (8) finalists will be selected on October 23rd, 2024 by a appointed jury. The winner will be chosen between October 28th, 2024 and November 3rd, 2024 by public vote on the Instagram profiles of VOLOTEA (@volotea; @volotea.es; @volotea.it; and @volotea.fr), according to the total number of votes received by the photograph entered. The winners will be announced during the week of November 4th to 10th, 2024, by publication on the participation landing page and through Volotea's official social media channels, posting the winning photo and the name of the author/creator.

THREE.- Eligibility for participation and territories.

Entry to this competition is restricted to individuals over 18 years of age who are legal residents of any of the countries belonging to the European Union, who are account holders and users of the social network Instagram, who have accepted these terms and conditions along with all its stipulations, and who comply with these, including compliance with the terms of service of the Instagram platform.

Exclusions

Employees of (i) VOLOTEA, (ii) advertising agencies, (iii) promotions agencies or (iv) any other companies relating directly or indirectly to this competition, as well as their family members as far as the first degree of consanguinity and/or affinity, are excluded from entering this competition.

Anyone who does not comply with each and every requirement set out in the above section of these terms and conditions will also be excluded from entering the competition.

If the winner of the competition does not meet the requirements set out in these terms and conditions or is someone who is not eligible to take part, this person will be eliminated from the competition and will lose any rights to receive a prize.

FOUR.- Scope and nature.

This competition will only run and be valid in all countries of the European Union.

Entry is free of charge and the winners will be chosen by a private jury appointed by VOLOTEA, consisting of professional photographers, professionals of creative industries, influencers from the world of travel and photography, and VOLOTEA representatives. Participation in the competition is completely free of charge, with no additional cost or charge associated with entry (except for, where applicable, any costs resulting from digital connectivity and internet access, as required by each participant).

FIVE.- Description of the prizes.

The prizes awarded in this competition consist of the following items, according to the category:

  • “Pros” or “Professionals” category: The winner of the Professionals category will receive one (1) prize of one year of free flights operated by VOLOTEA as specified in this clause, as well as one FUJIFILM X-T50 digital camera and one FUJINON XC15-45mmF3.5-5.6 OIS PZ lens.
  • “Photo Fans” category: The eventual winner of this Photo Fans category will receive one (1) prize of one year of free flights operated by VOLOTEA, as specified in this clause, as well as one (1) Tropicfeel travel backpack, the Shell Backpack model, and two (2) backpack accessories from the brands: Tropicfeel Wardrobe and/or FidLock® Toiletry. The seven remaining finalists in the Photo Fans category will each receive one (1) prize of one (1) voucher worth FIFTY EUROS (€50) to be redeemed with VOLOTEA on flights operated directly by this airline.

Terms and conditions relating specifically to the prize of one year of free flights:

The prize of one year of free flights consists of one (1) voucher worth a total of three thousand euros (€3,000) to be redeemed with VOLOTEA, exclusively for the online purchase of tickets for flights operated by VOLOTEA at https://www.volotea.com. The voucher can only be used to purchase single or return flights for a maximum of two people, on flights operated by VOLOTEA and for flights operating during the period of one year from receipt of the voucher, except for the following periods: (i) from 21 December 2024 to 06 January 2025, (ii) from 30 April to 05 May 2025, (iii) from 05 July to 01 September 2025, and (iv) from 20 December 2025 to 05 January 2026. The voucher must be redeemed, and therefore the purchase of flight tickets made, at least twenty-one days before the voucher’s expiry date. The prize is personal and non-transferable; however, flight tickets can be purchased for the winning participant or for any third party chosen by the winner as a passenger.

If the voucher has not been used and/or redeemed before the expiry date, it will be automatically invalidated and deactivated the following day.

Under no circumstances can the value of the voucher be used to purchase additional services other than those specified in this clause, and it can only be used to make new bookings. In any event, the prizes cannot be exchanged for their value in cash or for any other prize, product or service.

VOLOTEA accepts no responsibility for the misuse of prizes or for the voucher issued as a prize being unusable as a result of either of the following circumstances: (i) being redeemed after the deadline for its redemption; or (ii) because it has been redeemed previously by another user for any reason not attributable to VOLOTEA. The prizes may be subject to tax liabilities depending on the recipient’s country of residence.

Terms and conditions relating specifically to the prize of the Tropicfeel backpack and two accessories for the winner of the Photo Fans category.

The prize consists of one (1) Tropicfeel backpack, the Shell Backpack 20L to 40L model. This prize comes with two (2) accessories for the Tropicfeel backpack: Tropicfeel Wardrobe and FidLock® Toiletry. The total value of this prize is TWO HUNDRED AND NINETY-FOUR EUROS (€294).

The prize will be sent by post to the address within the European Union provided by the winner on the competition entry form.

Terms and conditions relating specifically to the voucher worth FIFTY EUROS (€50) for each of the seven finalists in the Photo Fans category.

The prize consists of seven (7) vouchers worth fifty euros (€50) to be redeemed for the online purchase of VOLOTEA tickets at https://www.volotea.com. The voucher can be used to purchase return flights for a maximum of two people, on flights operated by VOLOTEA and for flights operating during the period between 01 November 2024 and 30 April 2025, except for the following periods: from 21 December 2024 to 06 January 2025. Both the purchase of tickets and redemption of the voucher must be carried out before 31 March 2025. The prize is personal and non-transferable; however, tickets can be purchased for the winning participant or for a third party chosen by them.

If the voucher has not been used and/or redeemed before 31 March 2025 it will be automatically invalidated and deactivated.

The value of the voucher can only be used to purchase VOLOTEA tickets; under no circumstances can the voucher be used to purchase other additional services. In any event, the prizes cannot be exchanged for their value in cash or for any other prize, product or service.

VOLOTEA accepts no responsibility for the misuse of the prizes or for the code issued as a prize being unusable as a result of: (i) it being redeemed after the deadline for its redemption (31 March 2025) or (ii) it having been redeemed previously by another user for any reason not attributable to VOLOTEA.

Terms and conditions relating specifically to the prize of the Fujifilm camera and professional lens.

The prize consists of one FUJIFILM X-T50 digital camera and one FUJINON XC15-45mmF3.5-5.6 OIS PZ lens. The total value of this prize is ONE THOUSAND FIVE HUNDRED AND NINETY-NINE EUROS (€1,599).

The prize will be sent by post to the address within the European Union provided by the winner on their competition entry form.

SIX.- General terms and conditions of the prizes.

  • The prizes are as described in these terms and conditions.
  • The prizes do not include any costs that have not been considered under these terms and conditions.
  • The winner will be responsible for all costs relating to any improvements, additional services and extras that are not included in the prize described in these terms and conditions.
  • Under no circumstances can the prize included in this competition be changed, altered or exchanged for cash at the winner’s request.
  • Relinquishing the prize does not give the winner the right to any compensation or reimbursement whatsoever.
  • The prize or the right to receive it is non-transferable.
  • It is prohibited to market and/or sell the prize or the right to receive it.
  • If for any reason not attributable to VOLOTEA the intended prizes are not available, VOLOTEA reserves the right to replace them with others, with similar or better features and with approximate monetary value.
  • The winner will be responsible for all taxes and duties relating to the prize from this competition or for any additional costs resulting from a delay, omission or negligence on the part of the winner, unless otherwise stipulated in these terms and conditions.
  • The claim period ends ten (10) calendar days from the date of completion and publication of the winners of the competition.

Taxation of the prizes

In accordance with the existing Income Tax legislation in countries belonging to the European Union as applicable to this competition, prizes awarded for participation in competitions could be subject to withholding tax or payment on account, depending on their value.

Depending on the recipient’s country of residence and taking into consideration any double taxation agreements signed by its country, VOLOTEA assumes no liability for any taxes or levies resulting from the awarding of the prize. It will therefore be the responsibility of the winner to comply with the relevant tax obligations in their country of residence.

In the case of residents of Spain, VOLOTEA will be responsible for the sum relating to the payment on account of personal income tax as applicable, according to the value of the prize; however, it will be the recipient’s responsibility to include both the value of the prize and that of the payment on account not charged when submitting their annual personal income tax return, if they are required to do so.

SEVEN.- Mechanics of participation.

To take part in this competition and within the period of participation, users must access the website https://www.voloteatravelphotoawards.com and complete the relevant entry form correctly, either for the Professionals category or for the Photo Fans category, selecting one of the two categories first.

To compete for one of the awards it is essential that participants correctly provide all the information required for entering this competition, as set out in these terms and conditions. Anyone who (i) does not provide this information, (ii) does not accept the terms and conditions of the competition or (iii) does not accept the privacy policy will not be able to participate in the competition. All information provided by the participant must be truthful and correct. If the participant has provided false or fraudulent information they will not be considered and will be excluded from the competition and from the chance of winning a prize. It is strictly forbidden to use data relating to third parties without their prior consent, or to use data relating to minors.

Once users have provided their entry details, they must submit an original photograph with a theme relating to travel, VOLOTEA destinations or landscapes, as well as some information about it, including a title and caption for the photo, the creator of the photo and where it was taken.

Users must accept the terms and conditions of participation in the competition, the privacy policy and the usage by VOLOTEA, in terms of intellectual property, of the photographs entered in the competition.

Requirements of the photographs:

  • Users must provide original works and not infringe any intellectual property rights or third-party image rights of any kind;
  • The photos must be in jpg format;
  • The photos must not exceed the maximum size of 40MB each.

Each user can submit as many photos as they like. If there is a justified reason to suspect or there is proof that a participant has used false accounts or different profiles to fraudulently increase their chances of winning more than one prize, they will be automatically eliminated from the competition.

Posts with content that is sexual and/or erotic, violent, degrading, racist, classist, discriminatory, defamatory, offensive, that may hurt the feelings of the average person or that incite illegal and/or immoral behaviour, or that breach the terms of use of the Instagram platform, will not be accepted. In addition, posts that infringe intellectual and/or industrial property rights, that attack the image and/or brands of VOLOTEA or that infringe any other kind of third-party rights, will not be accepted. It is also prohibited to participate through posts that include the personal data of third parties without their express consent.

Users will be responsible for their own posts, exonerating VOLOTEA from any liability arising from the content provided by users.

Selection of the winners

On the scheduled date, the Jury appointed by VOLOTEA, consisting of professional photographers, influencers from the world of travel and photography, and VOLOTEA staff, will select the winning photographs for each category, mainly based on the criteria of technique, visual narrative, impact, lighting and concept, as indicated in the following categories:

  • “Pros” or “Professionals” category the Jury will select the winning photograph from all the photos entered in the competition and which comply with the required terms and conditions. The winner will be awarded the prize corresponding to the Professional category.
  • “Photo Fans” category: the Jury will select the eight best photographs that comply with the required terms and conditions, and these eight will form the shortlist. VOLOTEA will post these eight photos on its Instagram profiles @volotea, @volotea.es, @volotea.it and @volotea.fr as a post in collaboration between the different accounts, where members of the public who are Instagram users can vote, if they like, for the winning photo in this category, by making a comment in their own post, where they must mention their favourite photo. The shortlist of photos on which the public can vote will be posted on October 28th, 2024. Voting will close on November 3rd, 2024.

Once the voting has closed, the photo with the most votes (most comments mentioning it) will receive the prizes corresponding to the Photo Fans category. In the event of a draw, the winning photograph will be selected at the discretion of the jury appointed by VOLOTEA according to the above criteria.

The winners will be announced during the week of November 4th to 10th, 2024, at the participation landing page and through Volotea's official social media channels, posting the winning photo and its creator.

In both categories the jury can choose alternative winning photographs to replace the photos selected, if the participant’s identification is incomplete, incorrect, if they cannot be located or they have not met the requirements stipulated in these terms and conditions at any time during the competition and from the remaining participants in the competition. If the number of participants in reserve is insufficient, VOLOTEA can issue the prize at their discretion as it sees fit.

The decision of the jury is final.

Notification, acceptance and delivery of prizes

Once the winners have been selected for both categories, VOLOTEA will contact the winners by email to notify them of the result of the competition, ask them to accept the prize in writing, and request from them the necessary information and relevant instructions to enable them to receive the prize.

The winner will have a maximum period of FIVE (5) working days to accept the prize and provide the information required, from receipt of the email mentioned above. Once this period has passed, and if, for any reason, the winner has not provided all the information necessary for the delivery of the prize, or is unable to or does not want to accept the prize, renounces it, or the winner cannot be located, this period having passed, a possible alternative winner will be contacted, if appropriate, or the prize will be declared not awarded, and VOLOTEA will be able to dispose of it as it sees fit.

The effective delivery of the prizes will be on the condition that the winner complies with the stipulations of these terms and conditions and that the data provided by the winner to VOLOTEA is truthful.

EIGHT.- Reservation of rights.

VOLOTEA reserves the right to disqualify any participant who misuses the competition, commits fraudulent acts or who causes harm to other participants. If VOLOTEA or any other entity professionally linked to this competition detects any anomaly or suspects a participant of impeding the normal running of the competition, or if any fraudulent acts are committed that contravene the transparency of the competition, VOLOTEA reserves the right to eliminate and even to withdraw the prize automatically from any participant who has benefited directly or indirectly from these kind of fraudulent acts, also being able to take any civil action or commence any criminal proceedings that may be appropriate.

In addition, VOLOTEA reserves the right to discard photographs, and to eliminate and disqualify automatically and without notice any participant who it believes is failing to comply with the terms and conditions of participation or who is misusing or abusing the competition, and not to award the prize if there is reasonable cause to believe that a participant has infringed any of these terms and conditions.

VOLOTEA reserves the right to make amendments or further additions in relation to the mechanics and prizes of this competition provided that these are justified and are duly communicated on the above website. VOLOTEA reserves the right to postpone or extend the participation period, and the authority to interpret these terms and conditions.

If this competition is unable to take place due to detected fraud, technical errors, force majeure, or for any other reason beyond the control of VOLOTEA and which affects the normal running of the competition, VOLOTEA reserves the right to cancel, change or suspend it, without the participants being able to hold VOLOTEA accountable in any way.

NINE.- Privacy policy.

Data controller: In accordance with the provisions of Spanish Organic Law 3/2018, of 5 December, on Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD) and Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data, it should be noted that the data will be collected by the Spanish company VOLOTEA, S.L., with their registered office at Aeropuerto de Asturias, Santiago del Monte (Castrillón), 33459, and with Tax ID Number (NIF) B-64841927 and contact details dataprotection.officer@volotea.com.

Purpose of processing: The purpose of processing your data is to manage your participation in this competition and to administer and deliver the prizes and disseminate the results on social media, mentioning the first and last names and, where appropriate, the profile of the winner. The data may be used, where appropriate, to comply with the relevant tax obligations.

Data categories: The personal data processed is first and last names, email address and user profile name on Instagram. In addition, in the case of the winners, identification details will be collected, including National ID Document/Passport/Foreigner’s ID Number (NIE), phone number and full postal address.

Legal basis: The legal basis for processing your data is the wilful and informed consent through voluntary participation in this competition, as well as the fulfilment of and compliance with these terms and conditions and of the corresponding tax obligations.

Provision of the data is obligatory to manage participation and, where appropriate, the delivery of prizes. Any false communication of personal data will give VOLOTEA the right to disqualify the participant and dispose of the prize as it sees fit.

Who will be the recipients of your data?: Where appropriate, the winner’s data will be communicated to the tax authorities to fulfil the corresponding tax obligations. VOLOTEA also works with certain third-party service providers which have access to your personal data and which process this data for and on behalf of VOLOTEA as a consequence of its delivery of services. Specifically, VOLOTEA will contract the delivery of services from third-party providers which perform their activity in, including but not limited to, the following sectors: advertising agencies, technology service providers, IT service providers and companies relating to its maintenance; companies that provide courier services and postal deliveries.

Rights of the user: Data subjects can exercise the following rights at any time and free of charge:

  1. The data subject’s right to access their personal data: the data subject may obtain confirmation as to whether VOLOTEA processes personal data pertaining to them.
  2. The right to rectification: the data subject has the right to request a rectification of incorrect or incomplete data.
  3. The right to erasure: the data subject may request that their data is no longer processed without undue delay, because the data is no longer necessary or the consent has been withdrawn, among other reasons.
  4. The right to restrict the processing of data: the data subject may request that their data is not applied to processing operations that in each case would correspond, in which case we will only store it to process or contest claims.
  5. The right to data portability: the data subject can receive their data in a structured, commonly used and machine readable format; the data subject can also ask for their data to be transmitted to another data controller, providing that this is technically possible.
  6. The right to object: the data subject objects to the processing and VOLOTEA will stop processing their data, except for legitimate obligatory reasons or to process or contest any claims.

Data subjects can exercise these rights by sending their request in writing, duly signed, accompanied by a photocopy of their National ID Document, to VOLOTEA, S.L., with its registered office at Aeropuerto de Asturias, Santiago del Monte (Castrillón), 33459, or by emailing dataprotection.officer@volotea.com.

For how long will we store the participants’ data?: Personal data will be stored for the period of time necessary to manage their participation in this competition and, where appropriate, to administer the prizes and/or as required by legal obligations of VOLOTEA. The data of users who have requested to receive commercial information will be stored until such time as the user asks to be unsubscribed or objects to these commercial services. In addition, the winner’s data will be stored until the prize has been fully administered.

Security measures: VOLOTEA will take the necessary technical and organisational measures to guarantee the security required by the automated processing of the personal data, the processing centres, premises, equipment, systems, programmes and individuals involved in the automated processing of personal data in the manner provided for by law.

The right to file a complaint with the Data Protection Authorities: Data subjects can also contact their corresponding Data Protection Authority (Spain: Agencia Española de Protección de Datos) regarding any queries they have on exercising their rights, to resolve any issue relating to the processing of their data or to lodge a complaint.

The Spanish Data Protection Agency is responsible for overseeing compliance with legislation and ensuring its implementation. Data subjects may file a claim with the Spanish Data Protection Agency especially when they are not satisfied that their rights are being exercised, at Calle de Jorge Juan, 6, 28001 Madrid, at https://www.aepd.es or by phone on +34 900 293 183.

TEN.- Image rights and intellectual property rights.

Image rights

Some of the images submitted by participants will be posted on the digital channels of VOLOTEA, such as Instagram, Facebook and the websites volotea.com and volare.volotea.com. The post may include the first and last names of the creator and, where applicable, their Instagram profile.

Users whose photos include their image and/or the image of third parties must provide their prior and specific consent in writing for their image to be included in the photo entered and for it to be used by VOLOTEA. VOLOTEA may request their authorisation in writing. Otherwise, VOLOTEA may withdraw any prize that may have corresponded to the user.

By entering this competition, participants automatically consent to the transfer, use, publication and reproduction worldwide, in accordance with the limits provided for in Spanish law, by VOLOTEA, S.L., of their image, voice, first and last names, in any type of publicity, promotion, publication, including TV, Internet, social media or any other kind of media that serves a commercial, informative or corporate purpose, without this giving the participant the right to receive any compensation whatsoever in return.

Intellectual property

Participants agree to participate with original content, also agreeing not to breach any intellectual and/or industrial property rights.

Participants accept to transfer to VOLOTEA the rights to the photographs submitted to enter this competition with the aim of publishing the entries and communicating the result of this competition, as well as for posting them on the websites and social media profiles of VOLOTEA. Specifically for this purpose, participants accept to transfer the usage rights, especially for public communication, distribution, transformation and reproduction. All these rights can be used in any advertising format of VOLOTEA, and in any media, analogue or digital, and in any written means of distribution without any compensation whatsoever.

In addition, VOLOTEA may request the participants the use of the photographs for their inclusion in advertising campaigns, promotional activities, events, etc. for other commercial and publicity purposes. In these cases, those users, if they so wish, will be required to sign a document to transfer the rights.

ELEVEN.- Applicable legislation.

This competition is governed by Spanish law currently in force.

TWELVE.- Acceptance of the terms and conditions and Jurisdiction.

Participation in this competition requires full acceptance of these terms and conditions and express acceptance of the interpretive decisions made on these by VOLOTEA. The winner can be requested to provide a written document accepting the terms and conditions of the competition. If the winner does not wish to sign this document, VOLOTEA reserves the right to withdraw the prize.

For any dispute that may arise in the interpretation and application of these terms and conditions, both VOLOTEA and the participants in this competition will be expressly subject to the Jurisdiction of the Courts of Law of Barcelona (Spain). Consequently, they expressly waiver any other jurisdiction that may correspond to them, without prejudice to mandatory requirements.

THIRTEEN.- Limitation of liability.

VOLOTEA will not be liable:

  • For any error or omission in the information and data provided by the participants themselves and which may prevent them from being identified or receiving the prize.
  • For delays, deterioration or loss of the prize due to any cause not directly attributable to VOLOTEA.
  • For the use made of the prize by the winner.
  • For the services that third-party companies must provide for the purposes of this competition, in particular for any errors or acts of negligence committed by third-party companies that may be involved in the running of the competition, delivery or enjoyment of the prize and/or problems in transmission or loss of data not attributable to VOLOTEA, or irregularities in postal deliveries.
  • For any failures or incidents relating to telecommunications systems that may prevent access to or normal operation of the participation website, remaining exempt from any liability in relation to any damages whatsoever that may result from the temporary lack of availability or continuity of operation of telecommunications networks.
  • For the functioning of the Instagram social network. Likewise, neither will it be responsible for this network’s privacy policy, or its terms and conditions of registration, protection of personal data and intellectual property. Before providing any data on Instagram, users are advised to read its terms and conditions carefully.
  • VOLOTEA will eliminate from the competition any participant who, according to the applicable legal provisions, infringes through their participation the intellectual or industrial property rights or similar rights of third parties or any legislation governing rights of a civil, criminal or other nature; also being able to take civil action or commence criminal proceedings where applicable.

FOURTEEN.- Voting on Instagram.

Instagram does not sponsor, endorse or administer this competition in any way, nor is it associated with it. It is therefore expressly stated that Instagram is completely unconnected to this competition.

Participants exempt Instagram and Meta Platforms Ireland Limited from any liability relating to the running of this competition.