1- IDENTITY OF THE HOLDER OF THE WEB
The identity and other information brings over of the titular company of the Web is established in the paragraph " Informative information " accessibly in the HomePage of the Web present. In forward one will refer to AN Grup. to designate to the titular company of the Web. ANGR BASKET CAFÉ, S.L, Spanish company, with head office in Barcelona, Avda. Diagonal, n º 405 bis, inscribed in the Mercantile Record of Barcelona, to the volume 34442, do I foliate 61, leaf n º 2468000, inscription 1 ª, and provided with C.I.F. n º B-62.840.673? AN Grup. is an owner of the following domain: https://barcelona.nbacafe.com
2 - ACCEPTANCE OF THE CONDITIONS OF I USE
The present Conditions (in forward named as Legal Notice) they take as a regular object the use of this Web that An Grup puts at the disposal of the public in the present URL. The utilization of the web for a third party attributes the User's condition to him and, supposes the full acceptance for the above mentioned User, of each and every of the conditions that join in the present Legal Notice. AN Grup can offer across the Web, services or products that will be able to be surrendered to a few particular own conditions that, according to the cases, substitute, they complete and / or modify the present Conditions, and about which it will inform the User in every concrete case. The present web site has been designed to announce and to allow the general access of Information, activities, products and diverse services offered by AN Grup. All this information, activities, products and diverse services will be named in a joint way inside this document as "Contents".
3 - I USE CORRECTLY OF THE WEB SITE
The User promises to use the Web, the contents and services of conformity with the Law, the present Legal Notice, the good customs and the public order. In the same way, the User binds not to use the Web or the services that borrow across him with ends or effects illicit or opposite to the content, harmful of the present Legal Notice the interests or rights of third parties, or that of any form it could damage, render useless or spoil the Web or his services, or to prevent a normal enjoyment of the Web for other Users. Likewise, the User promises not to destroy expressly, to alter, to render useless or, of any other form, to damage the information, programs or electronic documents and others who are in AN's Web Grup. The User promises not to prevent the access of other users to the service of access by means of the massive consumption of the IT resources across which AN Grup gives the service, as well as to realize actions that they damage, interrupt or generate mistakes in the above mentioned systems. The User promises not to introduce programs, virus, macros, applets, controls ActiveX or any other logical device or sequence of characters that cause or are capable of causing any type of alteration in AN's IT systems Grup or of third parties.Likewise, AN Grup to himself does not play the role the User responsible for the comments and opinions spilt in the web site. The User is conscious and accepts voluntarily and expressly that the use of the web site realizes in any case under his only and exclusive responsibility.? In the utilization of the web site, the User promises not to carry out any conduct that could damage the image, the interests and AN's rights Grup or of third parties or that it could damage, render useless or overload the web site or that was preventing, of any form, the normal utilization of the web site. AN Grup saves himself the right to realize any action or operation of moderation, including the edition or suppression of messages that he considers to be inappropriate. One warns that the operations of moderation will be realized of periodic form and with character before his effective publication. AN Grup saves himself the right to put to judicial provision the IP addresses of the Users, to the effects previously notable, if this way it was needed.
4 - ADVERTISING
Departs from the web site can shelter advertising contents or be sponsored. The advertisers and sponsors are the only ones responsible of assuring him that the material sent for his incorporation in the Web site expires with the laws that in every case could be of application. AN Grup. will not be responsible for any mistake, inaccuracy or irregularity that the advertising contents could contain or of the sponsors. In any case, to interpose any claim related to the advertising Contents inserted in this Web site they can go to the following email address: ang @angrup.com
5 - INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of the Web, except that the opposite is indicated, are AN AN's exclusive ownership Grup. and, with character enunciativo, that not limitative, the graphical design, source code, logos, texts, graphs, illustrations, photographies, and other elements that appear in the Web. Equally, all the trade names, brands or distinctive signs of any class contained in the Web are protected by the Law. AN Grup. does not grant any type of license or authorization of personal use to the User on his rights of intellectual and industrial property Or on any other right related to his Web and the services offered in the same one. For it, the User recognizes that the reproduction, distribution, commercialization, transformation, and in general, any other form of exploitation, for any procedure, of everything or part of the contents of this Web constitutes an infraction of the rights of intellectual and / or industrial property of AN Grup. or of the holder of the same ones.
6 - REGIME OF RESPONSIBILITY
6.1. Responsibility for the Use of the Web The User is the only one responsible for the infractions which it could incur or of the prejudices that it could cause for the utilization of the Web, remaining AN Grup his partners, group companies, collaborators, employees and representatives freed from any class of responsibility that It was possible to derive for the actions of the User. AN Grup. will use all the efforts and a half reasonable to facilitate updated and authentic information in the Web, nevertheless, AN Grup does not assume any guarantee in relation with the absence of mistakes, or of possible inaccuracies and / or omissions in any of the accessible contents across this Web. The User is the responsible only one opposite to any claim or legal, judicial or extrajudicial action initiated by third persons against AN Grup. based on the utilization for the User of the Web. In his case, the User will assume all the expenses, costs and indemnifications are irrogados to AN Grup. on the occasion of such claims or legal actions.
6.2. Responsibility for the functioning of the Web AN Grup. excludes any responsibility That could stem from interferences, omissions, interruptions, IT virus, telephonic breakdowns or desconexiones in the operative functioning of the electronic system, motivated by reasons foreign to AN Grup.. Likewise, AN Grup also excludes any responsibility that could stem for delays or blockades in the operative functioning of this electronic system caused by deficiencies or on load in the telephonic lines or in Internet, as well as of hurts caused by third persons by means of illegitimate interferences out of AN's control Grup AN Grup it is authorized to suspend temporarily, and without previous notice, the accessibility to the Web on the occasion of operations of maintenance, repair, update or improvement. 6.3. Responsibility for links The links or linksThey can lead the User to Web others managed by third parties. AN Grup declines any responsibility with regard to the information that is situated out of the Web, since the function of the links that they appear is only it of informing the User about the existence of other sources of information about a topic in concretly. AN Grup remains freed from any responsibility for the correct functioning of such links, of the result obtained across the above mentioned links, of the veracity and legality of the content or information to which it is possible to accede, as well as from the prejudices that the User could suffer by virtue of the information found in the connected Web.
7 - POLITICS WITH REGARD TO THE PERSONAL INFORMATION OBTAINED Across The WEB AND OTHER DIGITAL CHANNELS
7.1. Across forms
Ante la entrada en vigor del Reglamento (UE) 2016/679 del Parlamento Europeo y el Consejo de 27 de abril de 2016 relativo a la Protección de las Personas Físicas respecto al tratamiento de datos personales y a la libre circulación de datos y la Ley Orgánica 15/1999 de Protección de Datos de Carácter Personal, para poder continuar informando de los productos, promociones y novedades de ANgrup así como informaciones de interés y novedades sobre restauración y gastronomía, debe darnos su consentimiento marcando el botón de aceptación.
Le informamos que sus datos de contacto están incorporados en un fichero titularidad de ANgrup con domicilio en Av. Diagonal 405 bis (08008 Barcelona) y no serán cedidas ni comunicadas a terceros para finalidades diferentes para las cuales han sido suministradas, excepto en los supuestos de obligación legal.
En cualquier momento puede ejercer los derechos de acceso, rectificación, supresión, limitación, portabilidad y oposición respecto a sus datos de carácter personal previstos en la ley, enviando un escrito acompañado de una fotocopia del documento de identidad a la dirección postal de Angrup.
En el caso de disconformidad en relación a la tramitación de sus datos puede presentar una reclamación ante la Agencia Española de Protección de Datos, organismo que ostenta la autoridad de control en la materia, ubicada en la C/Jorge Juan, 6 (28001 Madrid).
En el caso de que quisiera darse de baja de las comunicaciones podrá realizarlo a través de cualquiera de las mismas.
7.2. Across Web Cookies
What is a cookie?
A cookie is a small fragment of text that websites send to the browser and that are stored in the user’s device, such as their personal computer, mobile telephone, tablet, etc. These files are used by the website to remember information about the visit, such as language preferences and other options, while helps to set things up for their next visit and make the website more useful by personalizing its content. Cookies play a very important role improving the experience of using the website.
Provide anonymous / aggregated information on user behavior at http: //barcelona.nbacafe.com
These cookies are essential for UAN GRUP to work properly, allow you to navigate our pages and use our tools. For example, remembering previous actions (the customization of your invitation) when you navigate back to a page in the same session.
These cookies allow our website to remember information that changes the way the site behaves or looks, such as your preferred language. They can also allow users to share pages or favorites and provide access to social media.
Loss of the information stored in a preference cookie may make the website experience less functional but should not prevent it from working.
These cookies help us understand how visitors interact with our page providing us information about the areas visited, time spent on page, and any incidents encountered, such as error messages. This helps us to improve the functioning of our website.
These cookies do not identify you as an individual. All information is collected and compiled anonymously.
We use security cookies to authenticate users, prevent fraudulent use of login credentials, and protect user data from unauthorized parties. You can allow, block or delete cookies stored on your computer by setting your browser options. The user has the option of allowing, blocking or deleting cookies installed in their system by changing the options settings on the browser installed in their device.
For more information about cookies visit www.aboutcookies.org or http://www.aboutcookies.org/Default.aspx?page=1.
7.3. Confidentiality AN Grup. compromises itself to the fulfillment of his obligation of secret of the information of personal character and of his duty to guard them of confidential form and he will adopt the necessary measures to avoid his alteration, loss, treatment or not authorized access, given at all time of the condition of the technology.
8 - OBSERVATIONS OF THE USER
The User guarantees that the information, material, contents or observations that are not his own personal information and that are facilitated to AN Grup. across the Web, do not infringe the rights of intellectual or industrial property of third parties, not no other legal disposition. The information, materials, contents or observations that the User facilitates to AN Grup., they will be considered to be not confidential, saving itself AN Grup. the right to use them of the form that he considers to be more suitable.
9 - OFFERS AND PROMOTIONS
- Gift of a Merchandising item with the minimum consumption indicated in the corresponding promotion.
- The gift will always be determined by NBA CAFÉ and subject to the availability of stocks.
- The prize is not exchangeable for its corresponding amount in cash.
For all offers and promotions:
- They have a limited duration, the date indicated in the object of each of the promotions.
- Offers and promotions are not combinable with other offers and promotions.
- Offers and promotions are personal, one gift per person and visit.
- NBA CAFE reserves the right of not applying the promotion if the object of the promotion is not in good condition or if its authenticity is not assured.
10- Contests and draws
A. The mechanics of participation in the contests and raffles made by NBA CAFÉ in the different social channels will be specified in the publication of each of them.
B. The territorial scope for its participation is Spain.
C. The participation deadline will be indicated in each of the contests and/or raffles.
D. The prizes will be indicated in each contest and/or raffle.
E. If the mechanics of the raffle or contest includes the contribution of the participants with contents:
a. NBA CAFÉ reserves the right to block those contents it finds pertinent.
b. NBA CAFÉ reserves the right to use these contents for commercial purposes.
c. NBA CAFÉ is not responsible for the copyright of those contents and is exempt from any responsibility that could be derived from its use by the participant who has provided with them.
F. NBA CAFÉ reserves the right to declare invalid a contest or raffle for the reasons it considers appropriate.
G. All raffles and contests will comply with the data protection act set out in point 7.
H. For the assignment of the winners of any raffle we make, software tools will be selected via random.org
10.1 - NBA London Game 2019 Trip Draw - Terms & Conditions
The present promotion is organized by ANGR BASKET CAFÉ, SL (hereinafter, “the Promoter”), with address in Barcelona, Av. Diagonal, 405 BIS 8th Floor, and Tax identifications number B66634429; a NBA entity who organizes the promotion for promotional purposes (hereinafter, "the Promotion") in accordance with the terms and conditions content in the present document.
1. Definition of NBA Entities: NBA Properties, Inc., the National Basketball Association (the “NBA”), and the NBA member teams (collectively, the “NBA Entities”).
2. This promotion is open to any authorized person to make a purchase at NBA Café (located in Barcelona, La Rambla, 120), except for promoter’s employees, their direct family or any person related to the promotion, included employees of the NBA Entities, including affiliates, agents and immediate family members and/or those living in the same household of such employees, are not eligible to enter or win the promotion.
3. The promotion is exclusively for customers of legal age.
4. The customers will automatically enter in the raffle with every 25€ purchase at the NBA Café restaurant (store not included), from 15/10/2018 to 15/11/2018.
5. The customers will receive a raffle ticket for each 25€ of purchase.
6. The customers will have the opportunity to get an additional raffle ticket if they meet the following guidelines. The customers must upload a picture to their Instagram profile showing their experience at the NBA Café Barcelona, in the description of the picture they must include the NBA Café ubication and label the accounts @nbacafe_barcelona in the picture. As well as, the customers must send to @nbacafe_barcelona account through a private message, the purchase ticket number and their mail. Only the received messages from 15/10/2018 to 15/11/2018 will receive and additional ticket for the raffle. Only will be allowed a picture per Instagram profile.
7. The personal data with which the participants fill in the registration form must be truthful data.
8. Participants may only register once per ticket in this promotion.
9. If it is evident that any of the participants does not suit as the requirements of the Bases, or the data provided to participate were not valid, their participation will be considered null and automatically excluded from the promotion, losing all rights over the prizes granted under of this promotion.
10. The customers have the obligation to keep the raffle tickets. The winner has the obligation to show the raffle tickets once it has been selected.
11. Right of Publicity Release: Participants in this promotion (if minor, his/her parent or legal guardian) agree to be bound by these Official Rules and agree that the NBA Entities and their designees and assigns may use the participant’s name, voice, city/state of residence, photos, video or film clips, and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification.
12. The raffle close on 15/11/2018. The raffle will take place on 21/11/2018 and the winner will be released in the same day. Winner Release must include language in which the winner verifies his or her identity and allows for the use of his/her name and likeness (Right of Publicity) by NBAP and the Partner with no further compensation; and (b) agrees to release NBAP and the Partner from any claims or damages that might arise in connection with the contest, sweepstakes, or promotion.
13. The selection of winner will be made randomly ensuring the transparency of the draw.
14. The winner will get in touch by mail or by phone with NBA Café, the mail is firstname.lastname@example.org or the number is +34 670 506 257 within 48 hours from the raffle. If the promoter: (i) can’t contact the winner, or (ii) the prize is rejected; or (iii) a winner loses the prize under these terms and conditions or can’t take the prize because he can’t comply with these terms and conditions, then the promoter may, in his absolute discretion, select an alternative winner.
15. The name of the winner and the city can be obtained by sending an ordinary mail to the promoter's address below. email@example.com
16. The prize will consist on:
- 2 tickets for the NBA London Game 2019 between Whashignton Wizards and New York Knicks, in London, on 17th January.
- Round trip air ticket in economy class to London. For the winner and accompanying (from Barcelona and booked by the promoter).
- Accommodation in London for 1 night in regime of only accommodation in at least 3* hotel (booked for the promoter).
17. The prize excludes all the expenses not included (including food and drinks, excursions, attractions, transfers, trips to and from the NBA game, travel insurance, personal expenses / travel expenses and travel visas). The winner and his companion must have a valid passport and any required documentation to travel and enter to London.
18. Any tax or tributary charge that the acceptance of the prize could suppose, as well as any other expense derived from the promotion that is not expressly assumed by the promoter in these Legal Bases, will be at the expense of the winner.
19. The terms and conditions of the relevant suppliers will apply, included the airline, hotel, and the winner agrees to comply and ensure that his companion complies with all the terms and instructions of said third parties. The promoter will be responsible for travel arrangements and lodging.
20. It is the responsibility of the winner (i) to organize and pay the costs associated with obtaining all other travel documents and requirements; (ii) to ensure that travelers are properly insured, including, among others, medical costs abroad, and (iii) to ensure that the travelers comply with the travel itinerary and other relevant safety instructions entered by the developer and another external supplier.
21. It is the responsibility of the winner to inform the promoter and third party providers of any wheelchair or similar access requirements for the winner and / or their attendant when taking the prize, and to comply with applicable health and safety guidelines.
22. If the guest / companion of the winner's trip is under 18 years of age, then the guest / companion will only be able to accompany the winner if the winner is his parent / legal guardian.
23. All elements of the prize are subject to availability, non-transferable and non-refundable. There aren’t cash alternatives. The winner agrees not to sell, offer to sell or use the prize for commercial or promotional purposes (including placing the prize in an internet contract).
24. The promoter’s decision is final and no correspondence will be maintained.
25. The promoter reserves its right, if there is just cause and prior communication in legal form, to make any change, suspend or extend this promotion.
26. The winners agree to participate in the advertising that accompanies or results from the promotion. No additional compensation will be granted for such promotional activities.
27. Events may occur that make the prize draw or adjudication impossible, therefore, the promoter may, in its absolute discretion, modify, amend or cancel the promotion including these terms at any time without prior notice and the participant accepts that no responsibility will join the promoter as a result.
28. By participating in the raffle, it is considered that participants are bound and have accepted these terms and conditions.
29. NBA Café nor the NBA Entities and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents shall have no liability and will be released and held harmless from any claim, action, liability, loss, injury or damage, including, without limitation, personal injury or death to winner or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including the acceptance, possession, use or misuse of the prize and/or participation in this promotion.
30. By participating in the contest and accepting the prize, the winner consents to reasonable use by the NBA entities of the photograph, voice and / or image of the winner, the content of the registration form and the name and age of the winner without any additional compensation for any future promotion activity.
31. The promoter is not responsible for any losses, thefts, delays or any other circumstance attributable to third parties that may affect the development of this promotion, nor shall we be liable for the use made by the participant regarding the prize obtained from this promotion, and assumes no responsibility for any damage or injury of any kind that may be suffered by the Participants, winner or third parties.
We do not assume responsibility in cases of force majeure or fortuitous event that could prevent the realization of the promotion or the total or partial enjoyment of the prize. In the event that this promotion cannot be made, either due to fraud detected in it, technical errors, or any other reason that is not under the control of the promoter and that affects the normal development of the Contest, we reserve the right to cancel, modify, or suspend it.
32. The promotion is not sponsored, endorsed, administered or associated in any way with Instagram, so the Participants release Instagram from any responsibility for any damages that may arise from it.
33. In accordance with current legislation on the protection of personal data, we inform you that the personal data provided by you will be treated by ANGR BASKET CAFE, SL. Your data will only be used for the purposes set forth in this promotion and will not be transferred to third parties except in the event of a legal imperative. You may exercise the rights of access, rectification, cancellation, opposition and limitation to the following address: Barcelona, Av. Diagonal, 405 BIS, 8th floor.
34. We reserve the right to modify or expand these promotional bases, to the extent that it does not prejudice or impair the rights of the participants in the promotion.
35. These legal bases will be governed in accordance with Spanish law. They will be competent to resolve any claim or controversy that may arise in relation to the validity, interpretation or fulfillment of these bases by the Courts and Tribunals of the city of Barcelona.
11- MODIFICATIONS OF THE CONDITIONS OF USE
AN Grup it saves itself the right to modify, to develop or update at any time and without previous notification, the conditions of use of the Web present. The User will remain obliged automatically for the conditions of use that are situated in force in the moment in which he accedes to the Web, for what it will have to read from time to time the above mentioned conditions of use.
12- APPLICABLE LEGISLATION AND JURISDICTIONAL COMPETITION
All the controversies or claims arisen from the interpretation or execution of the present Legal Notice will be ruled by the Spanish legislation, and will surrender to the jurisdiction of the Courts and Courts of Barcelona.