Terms and Conditions of the “BBVA Open Talent Competition 2018”
The company Banco Bilbao Vizcaya Argentaria, S.A., with registered office in Bilbao, Pza. de San Nicolás, No. 4 and with CIF number A-48265169 (hereinafter “BBVA”), is going to carry out the “2018 BBVA Open Talent Competition” (hereinafter, the “Competition”) that will be governed by these Terms and Conditions (hereinafter, the “Terms and Conditions”).
The BBVA Open Talent Competition 2018 is part of the initiatives of “Open Innovation” promoted by BBVA. The purpose of this Competition is to support projects included within the framework of development of technology-based innovative services that benefit the business or social environment (hereinafter, the “Projects” and each of them, a “Project”).
Period of registration and Period of validity
The period for registration in the Competition (hereinafter, the “Registration Period”) runs from 2:00 pm on February 27, 2018 (Spanish mainland time) to 2:00 pm on June 10, 2018 (Spanish mainland time), both inclusive. This period may be modified or extended by BBVA by means of notification via the website indicated in point 4 below.
The period of validity of the Competition runs from the date of the beginning of the Registration Period to December 31, 2018 (hereinafter, “Validity Period”).
Any reference to time in these Terms and Conditions refers to the geographic region of Madrid (Spain)
Spain and International.
Right to Participate
- The Competition is open to all entrepreneurs who are natural persons (individual/professional entrepreneurs) and entrepreneurial companies who meet the following requirements together with any other requirement that may be provided in these Terms and Conditions (hereinafter, the “Participant/s”): (i) the entrepreneurial company must have been organized and registered on or after January 1, 2012; and (ii) the amount in revenue in the entrepreneurial company (either internally or externally) must not be more than € 3.000.000.
In the case of natural persons, in order to be able to take part in the Competition, together with conditions (i) and (ii) above, they must be above the age of majority according to their country, state, province or jurisdiction of residence at the time of registration in the Competition.
BBVA reserves the right to request from the participants the necessary documentation proving that it complies with the conditions.
- Participation in the Competition will take place through the website opentalent.bbva.com (hereinafter, the “Website”). Participants must complete all the information requested for the Competition including the email address designated by the Participants so they can be contacted for notifications, as indicated in these terms and conditions (the “Registered Email”).
- Participants can only submit one Project related to products and services based on the use of new technologies in one of the following areas:
This includes Projects that use new digital technologies to create a new way of understanding and providing customer-oriented financial services, with the aim of improving user experience. These may be new services, technologies or solutions for the end customer (B2C), institutions (B2B or B2B2C), retail banking or corporate banking, (e.g. mobile banking, new services for banking customers, native banking, new products), payments (e.g. mobile point of sales, mobile commerce, money transfers, cryptocurrencies), lending (e.g. peer to peer lending –P2P, alternative lending systems, crowdfunding), risk analysis (e.g.: scoring, algorythms), insurance, wealth management and investment (e.g. accounting, personal finance management, investment management), trading, security (e.g. fraud detection, authentication), big data applied to financial services), financial platforms or technologies (e.g. APIs, open platforms), financial inclusion or financial education.
- Fintech Related:
This includes non-financial products and services, that could potentially be used in the financial sector including Projects that develop innovative solutions in sectors adjacent or related to the financial world, or currently not related but with the potential of being related to the financial world, for example: security (user identity management, transaction verification systems), new models of relations with customers (e.g., marketing tools, loyalty and prizes, open platforms), user experience (e.g: multichannel experience, UX, user interfaces), big data (e.g. data analysis, information aggregators), non-financial platforms and technologies (e.g. APIs, Non-Financial Open Platforms), and solutions for citizens or enterprises that may have impact or be useful in their financial lives (e.g. sectors such as tourism, education, health, smart cities and social networks)
- For the selection of the winning Project for each of the award categories indicated below in these Terms and Conditions, the transformation capacity in their sector and the potential for economic and geographical growth of the business will be especially valued.
- Participants must have developed at least one fully-functional demo or beta prototype of the service or product with which they are participating in the Competition. Projects will not be accepted in the phase of idea generation or conceptualization of products or services. The Project must not infringe the rights of third parties as indicated in these Terms and Conditions.
- Participants must be interested in receiving contact from the BBVA Business Units or from an institution in the BBVA Group. https://accionistaseinversores.bbva.com/grupo-bbva/areas-de-negocio/ For these purposes, the BBVA Group is understood to comprise BBVA and its subsidiary companies/institutions, in the terms of article 42 of the Spanish Commercial Code.
- The participation is free and without any obligation of relationship with BBVA Group Institutions. Likewise, neither will it be necessary nor will it be positively valued that the Participant makes or has made any purchase or payment of any kind or is a customer of any entity of the BBVA Group before or during the validity of the Competition. NO PURCHASE NECESSARY to enter.
- The participation in the Competition requires the acceptance of these Terms and Conditions, and consequently getting the award/s indicated in the present Terms and Conditions.
- In the event that any participant does not fulfill with these Terms and Conditions, the participant will be disqualified. In the same way, any false declaration, fraud, identity signs or false address or infringement of the rights of third parties will cause the immediate disqualification of the Participant and, if applicable, the obligation to return the prize / s if they are already I had delivered. Participants will not implement any method of participation that violates these Terms and Conditions.
- The Participant must provide true and proprietary information. In the event that this condition is not respected, the Participant will be disqualified and excluded from the Competition without the possibility of winning any prize.
- BBVA reserves the right to automatically eliminate any Participants and their Projects if they: (i) cheat, alter or invalidate the proper operation and normal development of the Competition according to its rules, or (ii) alter or try to alter the Competition, or (iii) engage in improper practices to increase profitability, such as the use of insider information, wrongful manipulation, etc., or (iv) infringe or fail to comply with these Terms and Conditions infringe or (v) fail to comply with any type of regulation, or (vi) violate, infringe or affect any type of rights and liberties, or (vii) engage in any type of practice that may be considered contrary to the spirit of the Competition.
- BBVA may take those necessary decisions for the resolution of disputes and conflicts that arise in the development of the Competition, provided that they do not unduly prejudice the participants and result equitable.
- Participants may consult the present Terms and Conditions on the Website at any time during the Validity Period.
- BBVA reserves the right to modify these Terms and Conditions. It also reserves the right to modify the mechanics for participation and the Prizes. These modifications will be done under totally impartial criteria and will be duly notified to the Participants on the Website of the Competition but also by notification at the Registered Email. In the event the Participant does not indicate his willingness to desist from his participation in the Competition by sending an email to email@example.com, it will be understood that he/she accepts the new Terms and Conditions.
- The Participant at any times must abide by the instructions that, if applicable, BBVA may take.
- The provisions of these Terms and Conditions will be understood without prejudice to any other obligation of a mandatory nature that the Participant must comply with on the occasion of the applicable regulations of their country of origin
Limitation of participation
The following individuals and entities are excluded from participating in this Competition:
- BBVA employees and employees of BBVA Group institutions or any legal entities in which the same are executives or directors;
- Members of the Evaluation Committee referred in the point 6 of these Terms and Conditions or any legal entities in which the same are shareholders, executives or directors;
- Natural persons or companies that are part of the Competition´s organization team.
- Winners from one of the previous BBVA Open Talent competitions.
Mechanic of the Competition
Each Participant could be selected for the different prizes, as detailed in these Terms and Conditions, for each of the following categories: Main Competition, Prizes for Countries and Honorable Mentions.
The registration in the Competition will involve the direct participation of each Participant in each of the three (3) categories indicated above, according to the mechanics established for each of them, as indicated below.
6.1 Main Competition
- First stage- Receipt of Applications.
During the Registration Period, the applications will be received and filtered in order to determine those Projects that shall be considered Participants in accordance with the point 4 and with these Terms and Conditions. Likewise, the viability of the business model of the Projects presented by each Participant will be analyzed.
- Second stage- Project Evaluation.
The Projects that comply with what is indicated in the First Phase will be analyzed by an Evaluation Committee formed by the global business units of BBVA and the BBVA Group Entities, which will select a maximum of three (3) Projects for each of the following prizes of the present category: (i) Prize “Fintech for Future”: the Project with the most potential to transform the financial industry in the next 10 years is awarded, (ii) Prize “Fintech for People”: the Project that can have the most impact on people’s financial lives, (iii) Prize “Fintech for Business” the Project with the most potential to help companies to be more efficient, effective and safe, is awarded (hereinafter the “Prizes of the Main Competition”). The nine (9) projects will be nominated in response to criteria of technological innovation, fintech needs and disruptive in the financial sector ( the “Main Competition Nominees”).
On July 10, 2018, BBVA will inform the Nominees of the Main Competition of the aforementioned condition through the Contact Email, in which they will be informed of the following steps for their participation in the Final Event (to be defined in the next paragraph).
- Third stage- Winner Selection
During this stage, the (9) Main Competition Nominees will be invited, via the Registered Email, to the corresponding final event, which will take place Madrid during the month of October in the date that will be announced on the Website (hereinafter “Final Event” or “Open Summit”), additional information and details are provided below.
The nice (9) Nominees will be evaluated in the Final Event by a committee of experts designated by BBVA (hereinafter, the “Committee of Experts”) that will select a winner for each of the three (3) Prizes of the Main Competition.
The nine (9) Nominees will present their respective Projects to all those attending the Final Event and the Committee of Experts will evaluate them. For this evaluation, in addition to taking into account the requirement of the Project foreseen both in section 4 and 6.1 of these Terms and Conditions, the communication capacity of the Participants and the quality of the presentations to transmit the content of the project will be especially valued. The Committee of Experts will evaluate the nine (9) Nominees for the Main Competition distributing 1110 points as follows: 1000 for the first position, 100 for the second and 10 for the third position. Should there be a tie in the number of votes for the Projects, the member of the Committee of Experts having the greatest experience will break the tie.
The most voted Project for each Prize of the Main Competition will be declared the winner (hereinafter, the “Winner of the Main Competition“), which will be communicated at the end of the Final Event. A description of these Prizes is provided below.
6.2 Prizes for Countries
First stage- Receipt of Applications.
The Projects whose Participants registered in the Competition will participate in this category of prize if: (i) are legally constituted or have their central offices in some of the following: Spain, Turkey, Argentina, Colombia, Mexico, Venezuela, Peru, Uruguay, Paraguay and United States (hereinafter the “Countries”) and (ii) they comply with the conditions of participation indicated in clause 4, as well as the other conditions indicated in these Terms and Conditions. Likewise, the viability of the business model of the Projects presented by each Participant of the respective Countries will be analyzed.
Second stage- Project Evaluation and Winner Selection for each Country.
Projects that meet the requirements of the First Phase will be analyzed by an evaluation committee formed by the business units of the BBVA Group of the Countries.This evaluation committee will select, for each country, one (1) winner in attention to technological innovation, according to the state of the art, and disruptive relevance in the financial sector of the Project for the country in question (hereinafter the “Prizes for Countries Winners”). Should be a tie in the number of votes for the Projects, the member of the Committee of Experts having the longest experience will break the tie.
The Prizes for Countries Winners will be notified of such condition by email to be sent to the Registered Email on July 10th, 2018. They will also be informed of the following steps for the participation in the Final Event.
6.3 Honorable Mentions
First stage- Receipt of Applications.
The Projects whose Participants registered in the Competition will participate in this category of prize if: (i) they comply with the conditions of participation indicated in clause 4, as well as the other conditions indicated in these Terms and Conditions; (ii) the Project contributes added value to the digital transformation of the financial industry. Likewise, the viability of the business model of the Projects presented by each Participant will be analyzed.
Second stage- Project Evaluation and Winner Selection for each Country.
Projects that meet the requirements of the First Phase will be analyzed by an evaluation committee formed by the business units of the BBVA and of the BBVA Group Entities. The committee will select ten (10) Winners for each Honorable Mentions that are granted according to the innovative, disruptive and added value to the digital transformation of the financial industry of the Projects
The Honorable Mentions Winners will be notified of such condition by email to be sent to the Registered Email on July 10th,2018. They will also be informed of the following steps for the participation in the Final Event.
Value and nature of the Prizes
This Contest has the following types of Prizes depending on the different categories:(i) Main Competition; (ii) Prizes for Countries and (iii) Honorable Mentions (hereinafter, the “Prizes”) to be received by the selected Winners according to the mechanics described in these Terms and Conditions.
The prizes of the different categories are not exclusive.
7.1 Cash Prize
Each of the three (3) Winners of the Prizes of the Main Competition will receive a prize consisting of fifty thousand (50,000) euros, subject to the provisions of these Terms and Conditions.
7.2 Other Prizes
- Trip and participation in the “Final Event”.
Each of the nine (9) nominee for the Main Competitión, the Prize for Countries Winners (10) and the Honorable Mention Winners (10), will receive a Prize comprising a trip for one person to participate in the Final Event, as indicated in these Terms and Conditions.
The organization of both travel (travel expenses and hotel) and participation in the event will be determined by BBVA in its sole discretion will adjust to the market value of transport tickets and hotel rates that correspond, in the terms provided in the clause 7.2.c) below of these Terms and Conditions.
- Trip and participation in an international event.
Each of the nine (9) nominee for the Main Competitión, the Prize for Countries Winners (10) and the Honorable Mention Winners (10), will receive a Prize comprising a trip for one person to participate in the Final Event where they can exhibit their Projects. It will be announced by BBVA by sending an email to the Registered Email.
The organization of both travel (travel expenses and hotel) and participation in the event will be determined by BBVA in its sole discretion will adjust to the market value of transport tickets and hotel rates that correspond, in the terms provided in the clause 7.2.c) below of these Terms and Conditions.
- Rules applicable to all Prizes consisting on trips.
In all Prizes referred to in letters (a) and (b) above, the trip will include the roundtrip transportation for each Winner from an airport/train station to venue of the Event and the hotel accommodation (one (1) standard hotel room) – costs which will naturally derive from their participation in the corresponding event and/or Competition. These expenses will in all cases be determined by BBVA for the Winner holder of the relevant Project or,in the case of a legal entity, for a natural person acting on behalf and in representation of this entity.
BBVA will select the transport and accommodation fees that it considers to be the most appropriate. Likewise, BBVA reserves the right to select the dates and times for transport at its own discretion. After selecting the travel dates, no changes thereto may be made.
In case that the same Participant came up Winner under two (2) Categories of the Competition awarded with the same trip, the relevant Participant will only be entitled to receive one (1) trip.
Each of the Winners must bear in mind that a credit card may be required thereof when registering at the hotel, though a valid ID, passport or equivalent document must be carried at all times to be able to travel.
Once the Winners are in possession of the transport tickets and hotel voucher, BBVA assumes no further liability or obligation for the loss, misplacement or theft thereof. BBVA accepts no liability for any delay, cancellation, substitution or any other action of similar nature regarding any reserved transportation or hotel accommodation.
Should a Winner, or the natural person acting on its behalf, be unable to attend the corresponding event/competition, it may be attended by a different natural person, subject to prior notification by the Winner to BBVA by sending an email to firstname.lastname@example.org and approval by BBVA. The substitute attendee must meet the requirements for acting on behalf of the relevant Winner. BBVA will answer the email sent to the Registered Email to communicate the decision.
The Winners and the Nominees must comply with all indications given insofar as the present Prize, otherwise the Winners assume that the right to receive the Prize may be forfeited.
The Winners and Nominees or, as the case may be, its representative, is the sole party liable for its/his/her own actions and conduct during the trip, accommodation and participation in the above mentioned event or Competition.
Notification and acceptance of Prizes and Tax Matters
8.1 Notification and acceptance of Prizes
BBVA will notify the Winners of the Supports in the manner described below:
- The formal notification to the Main Competition Nominees, the Winners of the Prizes for Countries and the Winners of the Honorable Mentions indicating their condition and the prize will be made by BBVA through the Contact Email.
In the case of the Main Competition Winners, the communication will be made from the end of the Final Event and for the Nominees of the Main Competition and Winners of the Prizes by Countries and the Winners of the Honorable Mentions, starting on July 10, 2018
- From the time the notification indicated in section a) above is sent, the Winners will have a period of five (5) working days to contact BBVA at the email address email@example.com to expressly manifest their willingness to accept the corresponding Support. If this period of five (5) working days has elapsed and the Winner has not been in contact with BBVA, it will be understood that he/she has not accepted and loses the right to obtain the corresponding Support, and BBVA shall be freely entitled to make use of it. However, BBVA may declare the Support null and void or appoint a new Winner in the same manner as described in point 6.
- In the same five (5) working days indicated in paragraph b) above, the Winners and the nominees will provide BBVA via the email address firstname.lastname@example.org with their Tax Identification Number (NIF) or Company Tax Identification Number (CIF) or equivalent in their country, full names and address. The Winners must at the same time provide the details of their bank account where they will receive the transfer of financial support. In this notification the Winners must also indicate the mailing address to which they wish to be sent one of the copies of the acceptance contract.
For the purposes of withholding or paying on account the Personal Income Tax (IRPF) that may be applicable and in the case the application of a Treaty for the avoidance of Double Taxation is invoked, a Tax Residence Certificate in force must be provided, issued by the tax authorities in the Winner’s country of residence, and sent to the following email address email@example.com within a maximum period of thirty (30) working days calculated from the notification indicated in section a) above. Failure by BBVA to receive this Certificate of Tax Residence in force within the period and in the form indicated, where required, will prevent the avoidance of double taxation. All taxes with a state and/or local nature and all costs that may not be specified in these Terms and Conditions shall be the Winner’s responsibility. The Winner will be solely responsible for paying any tax and/or cost derived from the relevant Support notwithstanding the provisions of the penultimate paragraph of point 8.2 below.
- Once the Winners and the Nominees have completed all the steps indicated in the above sections and provided all the data and information requested, BBVA will send them the contract of acceptance of the Prize by email (to the Registered Email). The Winners must review the contract and, if they agree, sign all the pages in duplicate. Once the aforementioned contract has been reviewed and signed as indicated (in duplicate and on all the pages), it must be delivered to BBVA: (i) by sending it to the mailing address indicated by BBVA in the instructions contained in the same email accompanying the contract of acceptance, and (ii) sending a scanned copy to the email address firstname.lastname@example.org.
In the case that BBVA does not receive the contract of acceptance signed by the Winners within a period of twenty (20) working days, the Winners will lose their right to receive the corresponding Support, and BBVA will be entitled to use it freely. This period of twenty (20) working days will be calculated from the day BBVA sends the email to the Winners for the purposes of delivering the aforementioned contract of acceptance to them, as mentioned in the preceding paragraph.
- Once the contract signed in duplicate and –where applicable– the Certificate of Tax Residence in force have been received by BBVA, it will sign this contract and return one of the copies to the Winner or the nominee, by sending it to the mailing address indicated by the Winners on the email addressed to BBVA for this purpose, and expressly manifesting their willingness to accept the Prize.
- Once these steps have been completed, BBVA will carry out the actions and procedures necessary to deliver the Support:
- For the economic prizes BBVA will make a transfer to the bank account indicated by the Winners for this purpose. This delivery should occur no later than six (6) months from the date the acceptance contract signed by BBVA has been sent to the Winner, as stated in section e) above.
- For the non economic prizes BBVA will contact the Nominee and the Winners via the Registered Emails and request the necessary details before making the travel and hotel reservations.
The Prizes in this Competition are non-transferable and may in no case be the object of exchange, alteration, compensation or financial payment at the request of the Nominees or the Winner(s).
BBVA is not responsible for the use made by the Winner of the Support. Marketing and/or sale of the Supports are prohibited.
BBVA reserves the right to change the Supports for another of equal or greater value if circumstances occur to hinder or prevent their delivery.
Completion of the Winner’s identification and tax data is mandatory and necessary before the Award can be awarded, and thus the absence of any such data shall entail the loss of entitlement to the Award obtained.
8.2 Tax Matters
The Prizes in the present Competition are governed by Law 35/2006 of November 28 approving the Personal Income Tax and the partial amendment of the Laws on company, non-resident income and wealth tax; Royal Decree no. 439/2007, approving its regulation and subsequent amendments; Royal Decree-Law 5/2004 of March 5, approving the revised text of the Non-resident Income Tax Act (IRNR); Royal Decree 1776/2004 of July 30, approving the Regulation of Non-Resident Income Tax; Law 27/2014, of November 27, on Company Tax; Royal Decree 634/2015 of July 10 approving the Regulation on Company Tax, and therefore, in that case, BBVA shall be responsible for making the payment on account or the corresponding withholding of the Personal Income Tax (IRPF), Non-Resident Income Tax (IRNR) or Company Tax.
In accordance with the mentioned regulation, Participants are informed that the Prizes granted for the participation in the Competition, are considered capital gain subject to withholding tax or payment on account of the aforesaid taxes if the value of the Prize exceeds three hundred euros (€300). For this purpose the rate of payment on account established by law at any given time will be applied, currently 19% for residents of the European Union or the European Economic Area (Norway and Iceland) and 24% for all other non-residents without permanent establishment, unless these last two cases are covered by a Treaty to avoid double taxation signed by Spain, in which event it shall be as specified in that Treaty. Any tax consequences on the Winners’ tax situation as a result of obtaining a Prize will be borne by the Winners themselves, thus releasing BBVA from any liability. For this purpose, BBVA will issue and send the Winner a certificate with the data corresponding to the Prize after the end of the calendar year.
In order to comply with the above, the Nominees or Winners must provide BBVA, in the time and manner specified in paragraph c) above, their Personal Tax ID or Company Tax ID, as appropriate, full name and address, for the purpose of withholding tax payments that may be applicable. In the event the application of an Agreement for the avoidance of Double Taxation is invoked, the Tax Residence Certificate in force must be provided, issued by the tax authorities of the Nominee´s or Winner’s country of residence.
Rules Applicable to all sections
If any of the stages or events referred to in the previous paragraphs cannot be held within the scheduled period or on the dates indicated, or need to be canceled temporarily for reasons beyond the control of BBVA, they will be held on the dates and in the periods considered appropriate by BBVA, and the Nominees and/or Winners, as the case might be, will be notified at the Registered Email. For reasons beyond the control of BBVA, these stages or events may also be canceled definitively, in which case the Nominees and/or Winners (for each category), as the case maybe, will also be notified in the same manner, without holding BBVA any liability in this respect.
Should Nominees or Winners (for each category) be unable to comply with the specifications of these Terms and Conditions or with the instructions given by BBVA, or if they do not accept the corresponding Prize in the form and period established in these Terms and Conditions, BBVA reserves the right to (i) declare the position of the Winner null and void and, consequently, the corresponding Prize or (ii) appoint another Winner, following the order established on the Lists for each category.
The member of the differents Evaluation Committees and the Committee of Experts shall act fairly and imparcial and without any relationship with the Participants; will cease to exercise as such, and no longer occupy said position or abstain from their assessment or vote, in the case of the occurrence of circumstances that prevent this, such as –among others– having had or having any kind of relationship with the Participant.
The abstention or withdrawal of a member of the Evaluation Committee or the panels shall entail no disadvantage for the Participants. Should any of these circumstances arise insofar, BBVA will immediately appoint an equally qualified substitute. If a member any jury cannot be substituted, the vote will be distributed equally among all members of the relevant panel present.
All the decisions taken by BBVA, the Evaluation Committee and the panels are considered final and binding. BBVA reserves the right to substitute or modify the composition of the aforementioned bodies at any time, and when, at its sole discretion, such substitution or modification is necessary or appropriate for the Competition.
The probabilities of being a Nominee or Winner and of obtaining any of the Prizes described these Terms and Conditions are related to the number of eligible Projects and their quality.
Handling of personal data
The Participant is informed that the personal data that he provides on the occasion of his registration and participation in this Competition, including those provided in the event of being nominated or Winner, will be treated and included in a file owned by Banco Bilbao Vizcaya Argentaria, S.A., address in Plaza de San Nicolás 4, 48005, Bilbao; in order to manage all the phases of this Contest, as well as the delivery of the relevant prizes (including travel) and other communications, information and promotion related to the Contest as indicated in these Terms and Conditions.
This information will be treated and guarded by BBVA through security measures, legally enforceable, of a technical and organizational nature that guarantee the security thereof, avoiding its alteration, loss, treatment or unauthorized access in accordance with the state of the technology and the nature of the data and the possible risks to which they are exposed. We will keep you data for the period of time necessary for the managing of your Participation in the Competition.
In BBVA we will not communicate your data to third parties, unless we are bound by a law or he have received your consent.
The BBVA Group Entities will not have access to their personal data, only the technical information of the Project.
BBVA informs the Participant that, unless he/she indicates its opposition by sending an email to the following address: email@example.com, it will be consenting to the shipment by BBVA, through any means, including by electronic mail or other means of electronic communication equivalent , of any information about new Open Talent announcement, events, products and services related to the “Open Innovation” scope of BBVA.
BBVA informs the Participant that, at any time, his/her acceptance can be revoked for the delivery of the aforementioned commercial communications by means of a communication addressed to BBVA: firstname.lastname@example.org. With regard to the authorization for the purposes established in the second paragraph of this point, given that it is essential for the development of the Contest, its revocation will mean the automatic withdrawal of the Participant in the Contest.
The Participants may exercise their rights of access, rectification, suppression, opposition, limitation of processing, and portability, free of charge, for this purpose to BBVA to the e-mail address email@example.com. The exercise of these rights will not be retroactive. The cancellation of the data necessary for the management of the Competition (including the delivery of the Prizes) will mean the automatic withdrawal of the Competition.
If you consider that BBVA has not treated your personal data in accordance with the regulations, you can contact the Data Protection Delegate at the address firstname.lastname@example.org.However, you can submit a complaint to the Spanish Agency for Data Protection (www.agpd.es)
Intellectual & Industrial Property Rights and Authorizations.
11.1 Intellectual & Industrial Property Rights
With the exception of the use authorized herein and necessary to manage the participation in the Competition, the copyright of the Projects and its content will remain under the ownership and/or control of the Participants.
Except as expressly provided and authorised under these Terms and Conditions, Projects may not be used neither distributed without the express consent of the Participant holder of the relevant Project.
The Participants must guarantee that the Projects and their information are owned by them and are contributed voluntarily to the present Competition, and in no case contravene the current applicable legislation or infringe any type of third party rights (particularly those pertaining to intellectual and industrial property), and are at all times in possession of the necessary authorization to participate in the present Competition.
They also guarantee that the Projects and their information are not offensive, nor demeaning, incite to violence, racism, or infringe the fundamental rights or public freedoms recognized by the applicable law and the law on the protection of childhood and youth; and do not constitute or represent an intrusion into the personal or family privacy of natural persons, nor an infringement of the right to honor of third parties or the secret of communications. Furthermore the Participants declare that they have been granted all the necessary rights of intellectual and industrial property over their respective trademarks and logos.
The Participants acknowledge and agree that BBVA and/or any other BBVA Group Entity may have been or may be working on developing applications or business that are similar to the ones set out in the Projects and Participants acknowledge and agree that BBVA and/or those entities are free to make use of said applications or business without the Participant being able to make a claim to any of them in this regard.
The Participants authorize and give their express consent for BBVA and the following institutions in its Group: Banco Continental, S.A.; BBVA Banco Francés S.A.; Banco Bilbao Vizcaya Argentaria Chile, S.A.; Banco Bilbao Vizcaya Argentaria de Colombia S.A.; BBVA Bancomer, S.A., Institución de Banca Múltiple, Grupo Financiero BBVA Bancomer; BBVA Paraguay S.A.; Banco Bilbao Vizcaya Argentaria Uruguay S.A.; Compass Bank y T. Garanti Bankası A.Ş, to publicly use their personal data (including their image and voice), trademark and logo, and in case of Nominees or Winners also the contents of their Projects, for any promotional and advertising uses or activities and for activities designed to disseminate the present Competition, including the rights of reproduction, distribution, public communication and transformation for promotional and advertising diffusion in the different websites owned by BBVA and / or the aforementioned institutions in its Group, among other means, without temporal or territorial limitation. This use by BBVA and by the aforementioned BBVA Group Entities will not confer on the Participant any right to remuneration or benefit.
Participants expressly renounce any type of action or claim against BBVA or the aforementioned institutions in its Group due to these activities for advertising, promotional and dissemination purposes. Participants consider themselves to have been notified of this concession to these institutions by virtue of the present clause. The consent provided herein by the Participants is irrevocable in nature and at all times devoid of retroactive effects. All the data and information requested for this purpose are mandatory and essential for the development of the Competition.
The images, videos, records, creative material and recordings and, in general, any graphic, audio, visual or audiovisual material, regardless of the support or communications method in which they are materialized, or disseminated (hereinafter, the Elements) that may have been made by BBVA and/or the aforementioned authorized institutions in its Group, for the promotional, advertising and dissemination activity of the Competition shall be the property of these institutions respectively, and it shall be understood that the Participants cede all rights of exploitation over them on an exclusive basis. BBVA or the aforementioned institutions shall have the right to use the Elements and subject them to any adaptation, modification, variation, or transformation as long as this does not involve modifying the personal information of the Participant in the Elements.
The rights over the data and information referred to in this number 11 are granted with no limitation to the geographical scope and for all the Validity Period plus one (1) additional year as from the date of termination of the said period. All the information and data will be conserved by BBVA and –where applicable– by the aforementioned institutions in the BBVA Group, for the Period of Validity plus one (1) additional year as from the date of termination of said period.
In the event that on behalf of the Participant acts an individual, this provides all the authorizations and consents set out in this number 11 in relation to data and information of its own and has the rights and manner of exercising them established in this number, with regard to such data and information. In case that the individual that intends to act on behalf of the Participant is not the one who has applied for registration of said Participants, before acting on behalf of the relevant Participant this individual shall expressly agree in writing to the provisions of this clause.
Exemption from liability
The Participants shall be held solely liable for any infringements and damages caused or that may be caused to the rights of third parties through the submission of their Projects in this Competition, and shall compensate the third parties affected and BBVA and/or its Group Entities for any damages incurred by the breach of their obligations in the present Competition and the present Terms and Conditions.
The Participants shall therefore hold BBVA and its Group Entities harmless at all times from any claims by third parties, and the Participants shall be solely liable to assume fully whatsoever costs or monetary encumbrances may be due in favor of third parties as a result of actions, claims or conflicts derived from non-compliance and/or inaccuracy or lack of truthfulness of the obligations established in the present Competition and in these Terms and Conditions. Thus, if a third person files a claim against BBVA for violation of any intellectual property and/or industrial rights, or any other without limitation; the Participant is obliged to compensate BBVA of any amounts related with this claim.
BBVA may not be held liable for any delays or any other circumstances caused by third parties that may affect the participation in or development of the Competition.
BBVA shall not be held liable for damages of any kind that may be caused by the temporary unavailability or continuity of the operation of the system that enables participation in the Competition. Under no circumstance whatsoever shall BBVA be responsible for loss, damage, or prejudice of any type that could result from accessing and using the Website, including but not limited to, damage caused to computer systems or as a consequence of computer viruses and/or attacks. Furthermore, BBVA shall not be held liable for any damage that the Participants may sustain as a result of improper use of the above-mentioned Website, or for any failure, interruption, absence or defect in telecommunications.
BBVA shall not be held liable for delays in the mail or in the telecommunications networks with respect to registrations, submission of data, delivery of the Prizes, and –among others– shall not be held liable for the loss, deterioration, theft or delay of the same.
If the Competition cannot be held due to the detection of fraud, technical errors or for any other cause beyond the control of BBVA and which affects its normal development, BBVA reserves the right to cancel, modify or suspend this Competition.
BBVA does not accept responsibility if the Participants’ data are incorrect or if it is unable to contact them through no fault of BBVA.
Acceptance of the Terms and Conditions
The acceptance of the present Terms and Conditions supposes the complete acceptance of its content and the express submission to the interpretation of the decisions made by BBVA.
The Nominees and the Winners will be announced through the Website
The Terms and Conditions of this Competition, written in Spanish language, have been deposited for public registration on May 3, 2018 before the Madrid Notary Public Mr. Antonio Pérez-Coca Crespo, at Calle Monte Esquinza, 6 Planta Baja, 28010, Madrid.
Legislation and Jurisdiction
Spanish law governs this Competition. Any issue deriving from the application of, interpretation of or compliance with the Competition, its Terms and Conditions and and any documentation generated in and for this Competition shall be resolved before the Courts and Tribunals of Madrid. Everyone who has filled the form with the information requested on the Website in section called “Registration”, as well as the Participants, expressly renounce any other law or jurisdiction to which they might be entitled.
These rules have been translated into English language. In the event of any disagreement, dispute, controversy, or contradiction between these and its English translation occurs, will prevail for all purposes the rules written in Spanish language.