LEGAL RULES OF Awards "IBEROSTAR SUSTAINABILITY AWARDS"
1.- ORGANISER
The entity IBEROSTAR MANAGEMENT, S.A.U. ( hereinafter "IBEROSTAR"), with registered office at Calle General Riera, 154, 07010 Palma de Mallorca, Spain, with tax code A-07816481, registered in the Palma de Mallorca Company Register on page PM-25358 (hereinafter, the "Organiser" or "Iberostar"), organises this Awards, named the "IBEROSTAR SUSTAINABILITY AWARDS", which is offered through the website www.iberostarsustainabilityawards.com (hereinafter, the "Website") in accordance with the following legal rules (hereinafter, the "Awards").
2.- ACCEPTANCE OF THE RULES AND PURPOSE OF THE Awards
Acceptance of each and every one of the terms and conditions contained in this document (hereinafter, the "Rules") is a necessary condition for participation in the Awards. Participation in the Awards implies unconditional acceptance of these Rules.
3.- DATES OF THE Awards
Participation shall take place between 12:00 hours (GMT+1) on 19 April 2023 up until 23:59 hours (GMT+1) on 31 May 2023.
Iberostar reserves the right to modify these Rules and the dates of participation, extending or reducing them, and even to suspend the Awards, with the sole obligation to communicate such decision prior to the end date.
4.- CONDITIONS FOR PARTICIPATING IN THE Awards
Participation in the Awards is free of charge and is open to any retail travel agency or tour operator located in Germany, Austria or Switzerland, as well as their outbound market in these countries. If they do not meet these conditions they cannot participate in the Awards. If such persons participate, they will be disqualified.
Notwithstanding the above, Iberostar reserves the right to exclude or limit the countries to which this Awards extends for operational or bureaucratic reasons.
Suppliers or collaborating entities may not participate in this Awards, nor may several companies that belong to the sametour operator or retail travel agency group. If they participate, they will be disqualified and any prize they may have won will be forfeited.
Retail travel agencies or tour operators that do not comply with these conditions will be disqualified and, if applicable, their prize will be forfeited.
5.-MECHANICS OF PARTICIPATION
The Awards will offer two prices:
The first is the "Best Sustainable Initiative Travel Agency", aimed at retail travel agencies, recognising their efforts to promote sustainable tourism products to their customers;
And the other the "Best Sustainable Initiative Tour Operator", aimed at tour operator companies, recognising practices, products or projects which result in a conceptual or technological innovation that contributes to the consolidation of a sustainable tourism model.
Any retail travel agency or tour operator interested in participating in the Awards and winning the above award must submit the following documentation (the "Application") by the deadline indicated in these Terms and Conditions:
They will need to answer the questionnaire that will appear on the Website.
The application and documents must be in German.
Participants have the option to submit the following documentation: an explanatory report (maximum 10 pages), clearly stating which of the categories they would like to participate in, along with a reasonable and detailed explanation of why they believe they should be awarded the prize.
If the Application does not meet the requirements established in these Rules, the applicant will be required to correct it or attach the required documents within ten (10) working days. If they fail to do so, they will be considered to have withdrawn from the Awards.
If the application does not comply with the stipulated terms or with the Awards format as proposed by Iberostar, or if it has not been corrected within the given period, the applicant will not be accepted as a participant in the Awards.
All participants, at the time of participating in the Awards, assign all intellectual property rights for images to Iberostar, on an exclusive and transferable basis, without any territorial or time limitation and free of charge.
6.- PRIZE
Participants who, in accordance with these Rules, are selected as the winners of the Awards, will receive the following prizes:
|
Award name |
Prize |
|
Best Sustainable Initiative Tour Operator |
A financial award of €50,000. |
|
Best Sustainable Initiative Travel Agency |
A financial award of €10,000. |
These financial allocations will be paid through advertising campaigns shared with Iberostar, which must at all times follow Iberostar's instructions.
Furthermore, the top three retail travel agencies will each receive an exclusive "fam trip" for a two-person stay at an Iberostar hotel, including flights, all-inclusive accommodation and transfer to the hotel, to learn about Iberostar’s sustainability work at its hotels. This fam trip will be provided in accordance with Iberostar's instructions. The destination and dates will be chosen by Iberostar, without the need for approval from the winning retail agencies. The destination and dates may not be changed by the retail travel agencies.
The actual dates of fam trip will always be subject to availability at the Iberostar hotels.
The prizes are non-transferable and cannot be redeemed for cash; nor may they be exchanged, modified, offset or transferred to third parties. Iberostar reserves the right to exchange the prize for another of equivalent value. The prize may be declared void without a winner if participants do not meet the conditions and requirements to be participants and winners in the Awards.
7.- CHOICE OF WINNER
All participants who have fulfilled the above requirements will be eligible to win the prize.
The winners will be selected by a jury consisting of the following four (4) members:
Gloria Fluxà Thienemann (Vice-Chairman and Chief Sustainability Officer, Iberostar Group)
Sandra Benbeniste (EMEA Sustainability Office Director, Iberostar Group)
Prof. Dr. Harald Zeiss (Hochschule Harz, Chairman of the DRV Sustainability Committee)
Sören Hartmann (CEO DER Touristik + President of the Federal Association of Tourism in Germany)
The jury will select the Applications that best meet the criteria of the Awards, taking into consideration the following common criteria for both travel agencies and tour operators:
An entrepreneurial attitude reflected through concrete and verifiable actions in the field of sustainability.
The main highlights of its sustainability strategy and new developments for 2023 will be assessed.
Assessment of projects implemented or under development with an impact in 2022 or 2023.
Initiatives that inform end-customers of how a certain product is sustainable, so that they can make a responsible decision based on this information.
The communication actions carried out contribute to the visibility of sustainable products and make end customers aware of sustainable holiday offers.
Innovations that strengthen the destination community by promoting sustainable practices, especially in the areas of environment, social justice, inclusion and economic development.
Collaboration between travel agencies/tour operators and the local community to address sustainability challenges through creative and collaborative initiatives.
For the "Best Sustainable Initiative Tour Operator” award, in addition to the above common criteria, the following will be taken into account:
Practices, products or projects resulting in a conceptual or technological innovation that contributes to the consolidation of a sustainable tourism model.
Practices, products and projects that strengthen distribution and communication about products with a sustainable focus in any part of the value chain, like whole packages, for example, or parts such as accommodation, flights, transfers and excursions.
Social responsibility initiatives, following the United Nations Sustainable Development Goals that meet the following criteria:
Concrete actions that minimise negative environmental, social or cultural impacts, and that generate respect between tourists and the tourism destination.
Positive contributions to the conservation and preservation of the natural and cultural heritage of destinations.
For the "Best Sustainable Initiative Travel Agency" award, in addition to the common criteria, the following aspects will be assessed:
The work of individuals or professional groups who, through their career, efforts and exemplary professional, have made a special contribution to improving their services and the quality and image of tourism.
Specific actions designed to promote the quality of sustainable tourism products and experiences offered to the customer.
Innovation in raising awareness of sustainable products to the customer
A unique and dynamic offer, in terms of marketing, that emphasises sustainable tourism products.
The jury's decision shall be reached by a simple majority of the members of the jury. In the event of a tie, the chairman may exercise a casting vote. Once the Awards is over, the jury will make a decision during the month of August 2023 and this decision, once made, will be final; no appeal or claim of any form or nature will be accepted.
The jury's decision announcing the winners will be published in mid-September 2023 on the website and during the FVW Kongress in Valencia.
8.- COMMUNICATION OF THE PRIZE TO THE WINNERS
The winners and the three runner-ups will be announced via the Website, and will also be notified by e-mail, to inform them that they have won and to explain the terms of the prize. They must accept it within a period of five (5) calendar days from the moment they are notified that they have won.
In the event that (i) the winner fails to comply with any of the conditions; (ii) the winner cannot benefit from the prize for any reason; (iii) the winner is disqualified for non-compliance with the terms of the Rules; or (iv) the winner does not accept the prize in time, the prize will not be awarded.
Iberostar may ask the winners for any information or documentation to prove that they meet the conditions to be participants and winners in the Awards. This information will be requested by email, and the winner will have a period of five (5) calendar days from the sending of the email to submit it. In case of failure to provide the requested information or documentation to the satisfaction of Iberostar, or after verifying it, if they do not comply with any of the conditions to be participants or winners, they will be disqualified.
9.- AWARD CEREMONY
One indispensable condition for accepting and receiving the prizes is that the winners attend the event held in the city of Valencia (Spain) called FVW Kongress, where the official award ceremony will take place. In the event that the winner does not attend the above event, the prize will not be awarded.
In the case of the winner of the "Best Sustainable Initiative Travel Agency" award, Iberostar will cover the winner's travel expenses from their place of origin to their final destination, in addition to their accommodation. The accommodation and travel will be chosen by Iberostar, taking into account the preferences of the winning retail travel agency.
10.- TAX LIABILITIES
All prizes and awards granted in this Awards are subject to the provisions contained in Spanish tax legislation as well as the associated regulations that are in force at the time of the contest and the consequent acceptance and delivery of the prize.
In accordance with the Spanish regulations contained in Law 37/1992 of 28 December 1992 on Value Added Tax, participants of this Awards are informed that the prizes awarded may constitute a taxable event for Value Added Tax, and will therefore be subject to it. The tax liability may mean that the winners must comply with formal invoicing obligations applicable in Spain in order to claim the prize. The specific terms and conditions will be detailed in the prize acceptance document signed between the parties once the winner is chosen and has been informed that they can claim the prize.
In accordance with Spanish national and local legislation, the winners will have to provide evidence of their tax residence for the purposes of the double taxation avoidance agreement signed between Spain and their country of residence. In the absence of an agreement or in the absence of evidence of tax residence, a withholding tax may have to be levied on the prize. In relation to the above and in compliance with current tax regulations, the Organiser will make the corresponding withholding and payment on account of the prize awarded. The Organiser only assumes its legal obligation to make a deposit to an account when this is required by law due to the specific circumstances of the prize; the winner is responsible for complying with their respective tax obligations to the Spanish tax authorities and the tax authorities of their place of residence. Exceptionally, non-residents may be exempt from tax obligations on Spanish territory if they can prove that they are covered by an agreement to avoid double taxation signed between Spain and their country of residence, in which case the provisions of said agreement will apply.
11.- IMAGE RIGHTS AND INTELLECTUAL PROPERTY
Participants accept the transfer of their image, voice and data, including their name, contained in these videos and photographs to the Organiser for publication in Star Team, in accordance with the provisions of Organic Law 1/1982, of 5 May, on the right to honour, personal and family privacy and their own image. They also undertake to sign any contracts to transfer rights that Iberostar deems necessary, although simply by participating in the Awards they give their firm and irrevocable commitment to transfer the aforementioned rights in the terms set out above.
This transfer includes the rights to display, edit and disseminate their image and name until the end of the Awards for use on the website within the framework of the Awards and for use in Star Team (Iberostar Intranet) for informative purposes. The aforementioned transfer does not oblige Iberostar to use the images.
Consent is given freely with a worldwide scope and for the time period that Iberostar deems necessary to fulfil the purposes described above, and under the provisions of the General Data Protection Regulation and Spanish Law 1/1982, on Civil Protection of the Right to Honour, Personal and Family Privacy and Self-Image.
The participants, authors of the multimedia material (photographs) uploaded to the Website will freely transfer free, exclusively and for a period of five years, all the Intellectual Property rights that may derive from the production of said material to the Organiser. Iberostar may reject any multimedia material that does not comply with the requirements established in these rules and/or where the image of any brand or commercial name other than that of Iberostar appears. Participants must at all times avoid harming the image of Iberostar, always trying to maintain the latter’s positive image.
Participants in this action exempt Iberostar and its partners from any liability arising from plagiarism or any other transgression of current legislation. Participants guarantee, by accepting these conditions, to be the owners of the intellectual property rights that allow their transfer to third parties with the scope, temporal and territorial, established in the preceding paragraph, and that they do not infringe third party rights.
Participants declare that the content of the multimedia material has been created by themselves and that it is in no case copyrighted or trademarked material belonging to a third party. Participants shall be exclusively responsible for the legality of the content submitted, leaving Iberostar harmless against any damage that may arise therefrom, both for Iberostar and for third parties.
The assignment of intellectual property rights of the multimedia material does not generate or grant any financial rights, reimbursement, fee or royalty of any kind for the participants.
Participants are not allowed to use images or photographs for illicit, threatening, libellous, defamatory, obscene, pornographic or any other purposes other than those stated. It is also forbidden to upload photographs or audiovisual reports to the Website that may be disturbing to third parties or that may be illicit (contrary to morality, with sexual, ideological or political content; threatening, denigrating, insulting, which make comparisons with other tourist establishments, etc.). Such content shall not be used by the Organiser for any unlawful, threatening, libellous, defamatory, obscene, pornographic or any other purpose other than that stated.
Iberostar reserves the right to cancel any videos and/or photos that do not comply with this clause and to disqualify participants who have uploaded them to the Website.
12.- APPLICABLE PRIVACY POLICY
In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) as well as Organic Law 3/2018 of 5 December, on Data Protection and the Guarantee of Digital Rights (LOPDGDD), IBEROSTAR informs you that the data of participants, as well as that corresponding to winners, will be processed automatically for the purpose of disseminating and promoting IBEROSTAR's IBEROSTAR SUSTAINABILITY AWARDS programme and for enabling participation in the Awards and, where appropriate, for the allocation and enjoyment of the prizes that are the object of the IBEROSTAR SUSTAINABILITY AWARDS Awards.
Data controller:
The party responsible for the processing of participants' data for the Awards of the IBEROSTAR SUSTAINABILITY AWARDS programme and for the management and control of these Awards is IBEROSTAR, whose details are set out at the beginning of this document.
You can contact the Iberostar Group's Data Protection Officer at privacy.dpd@grupoiberostar.com
Purposes of processing:
Said data will be processed by IBEROSTAR for the management and control of the Awards and for the informative and Awardsal purposes of IBEROSTAR’s IBEROSTAR SUSTAINABILITY AWARDS service/programme, with the interested parties necessarily consenting to the processing and transfer of their data to the extent and under the conditions indicated in the terms and conditions of the Awards.
You can find more information on the Iberostar Group's privacy policies at grupoiberostar.com/portal-privacidad.
Data recipients: Applications submitted by the participants in this Awards, as well as the details of the participants and the winners may be published on Iberostar Group websites, social networks, media and other supports that Iberostar considers appropriate. The personal data of the winners necessary for the proper enjoyment of the prizes will be communicated to the suppliers of the prizes. This may involve the international transfer of your personal information where such suppliers are located outside the European Economic Area.
Legal Basis: The legal basis for the processing of your data is your own willingness to participate in this Awards and the management of the corresponding legal relationship.
Retention periods: We will retain your data for as long as it is necessary for the management of the Awards and, in any case, for the periods provided for in the applicable legal provisions and for the time necessary to meet possible liabilities arising from such processing.
Your rights: You have the right to obtain confirmation as to whether or not we are processing your personal data and, if so, to access your personal data.
You can also ask for your data to be corrected if it is inaccurate or for incomplete data to be completed, as well as request its deletion if, among other reasons, such data is no longer necessary for the purposes for which it was collected.
In certain circumstances, you may request that we restrict the processing of your data. In this case, we will only process the data concerned for the formulation, exercise or defence of claims or for the protection of the rights of other persons. Under certain conditions and for reasons relating to your particular situation, you may also object to the processing of your data. In this case, we will stop processing your data except for compelling legitimate reasons that override your interests or rights and freedoms, or for the formulation, exercise or defence of claims.
You may also, under certain conditions, request the portability of your data to be transferred to another data controller.
You may withdraw your consent for certain purposes without affecting the lawfulness of the processing based on your consent prior to its withdrawal.
You also have the right to lodge a complaint with a data protection authority. You can obtain more information about your rights and how to exercise them on the website of the Spanish Data Protection Agency at http://www.aepd.es.
To exercise your rights, you must send us a request accompanied by a copy of your national identity card, or other valid document that identifies you by post or email, addressed to our Data Protection Officer at our address or at privacy.dpd@grupoiberostar.com.
13.- OPERATION, COMMUNICATIONS AND IDENTIFICATION
In addition to the causes expressly stated in these Rules, Iberostar is not responsible for malfunctions and errors that may arise when participating in the Awards, or for interruptions, deletion or non-recording of any participation.
Iberostar is not responsible for the consequences that may arise during the enjoyment of the prize or for possible damages of any nature, personal, material, etc., both own or third party.
Nor will Iberostar be responsible, if the winner of the prize is notified and he/she does not consult his/her e-mail address, does not access his/her Star Team account or because the e-mail address provided is incorrect or incomplete, or because it is not consulted, has been deleted or is configured in such a way that it classifies messages or e-mails sent by Iberostar as blocked messages or spam, restricting them, deleting them or not downloading them.
Iberostar may ask the winners for any information or documentation to prove that they meet the conditions to be participants and winners in the Awards. This information will be requested by email, and the winner will have a period of five (5) calendar days from the sending of the email to submit it. In the event that the winners do not provide the information or documentation requested to the satisfaction of Iberostar, or after verifying it, do not comply with any of the conditions of these Rules, they will be disqualified, and an alternate will be selected in accordance with the above.
14.- RESPONSIBILITIES AND DISQUALIFICATION
Iberostar reserves the right to disqualify all participants who act in an abusive and fraudulent manner, and any participant who misleads, conceals or falsifies participation data, or participates with different personal data or fails to comply with any of the conditions of these rules.
Iberostar also reserves the right to verify the identity, to verify that they are not fictitious or created specifically to participate in the Awards and/or to carry out multiple participations in Awards, and Iberostar may freely and upon any suspicion or indication, disqualify those participants who carry out such practices.
In the event of any fact or suspicion on the part of Iberostar or companies collaborating in the Awards that any participant, or third parties, are altering any participation by any means, they will be disqualified, even if they manage to participate or have obtained a prize, without Iberostar being obliged to notify such disqualification.
15.- GENERAL
The resolution of all questions that may or do arise regarding the interpretation of the Rules shall be the exclusive competence of Iberostar. Iberostar reserves the right to modify the content of these Rules, as well as the prize, in order to facilitate the greatest success of the competition and to contribute to the dissemination of the spirit of the competition. The Rules and their possible modifications will be permanently published on the Star Team Web Portal.
Likewise, participation in a competition of this nature implies acceptance of the rules of the platform where the competition takes place.
For any questions or queries regarding the Awards, participants and winners can contact Iberostar at the following e-mail address contactcenter@iberostar.com.
16.- LEGISLATION AND JURISDICTION
These terms and conditions of the Awards are governed by Spanish Law. Participants accept that any controversy that may arise from the interpretation or execution of the rules will be expressly submitted to the jurisdiction of the Courts and/or Tribunals of Palma de Mallorca, waiving their own jurisdiction if any.
