1st – ORGANISER 

S.A. DAMM, with CIF no. A08000820 and registered office at Carrer Rosselló, 515, Barcelona, intends to run a promotion which will be conducted in accordance with the following terms and conditions. 

2nd – DATES 

This promotion will begin on 14 March 2023 and end on 2 May 2023. Entries will not be accepted after the end date of the promotion. 

3rd – GEOGRAPHICAL SCOPE OF THE PROMOTION 

This promotion will be limited to Catalonia and Andorra.  

4th – TARGET AUDIENCE OF THE PROMOTION 

The promotion is targeted at hospitality sector adult consumers of 20 cl and 33 cl bottles of Estrella Damm beer.  

5th – DYNAMICS 

The dynamics of the promotion are as follows: 

In order to enter, participants must peel off the bottleneck labels from 20 cl and 33 cl Estrella Damm bottles. The goal is to find the bottleneck label that is gold on the reverse side.  

Only one gold-backed bottleneck label will be in circulation (first prize) and a notarial deed will be drawn up certifying that it has been inserted into the production line at the S.A. DAMM factory located in El Prat de Llobregat (Barcelona).  

The participant who finds it will be the winner of the first prize provided he/she follows the instructions detailed below. 

He/she will have to register on the website https://www.estrelladamm.com/es/lapolsera and fill in his/her name and surname, date of birth, National ID number (DNI), post code, email address and enter the code that appears on the bottleneck label on the website. If the winner has registered previously for other promotions, he/she must fill in the updated details on his/her Damm ID profile. The winner of the first prize will have until 2 May 2023 to enter the code from the gold-backed bottleneck label on the website referred to in this paragraph, while completing all the required fields. 

Once registration is complete, a notification will be sent to the email address provided, which will explain the process to follow to receive the prize. Also attached to the email will be a document that the winner must complete and sign and return to S.A. DAMM within 48 hours of receiving the email. 

It is expressly stated for the record that, by legal imperative, S.A. DAMM must make the withholdings and payments on account for Personal Income Tax (IRPF) on the value of the prizes awarded, for which the aforementioned document must be completed. In addition to the formal obligation to make the corresponding withholding or payment on account, S.A. DAMM agrees to assume the cost of the withholding or payment on account corresponding to the prize, without prejudice to the fact that the winner must meet any other fiscal responsibilities that may correspond to him/her during the period of validity of the prize (10 years). In said document, the winner indicates that he/she is aware that acceptance of the prize entails such tax obligations. 

Once the winner has received the email notifying him/her that he/she is the winner, he/she will have 48 hours to reply to said email and indicate whether he/she accepts or declines the prize. By way of a reminder, the winner will be sent another new email, containing the full instructions, when 24 hours remain until the deadline expires for indicating whether he/she accepts or declines the prize. 

In the event that a response is not received within the indicated period, it will be understood that the winner has relinquished the prize, resulting in the first prize becoming part of the draw. 

Once the prize has been accepted, the process of transferring the NFT to the winner will begin, with the winner having a period of 30 days from the moment he/she receives the email from the contact person at S.A. DAMM, which will provide the technical instructions that the winner must follow to send S.A. DAMM the public address details of his/her MetaMask wallet to which the NFT will be transferred. If after 30 days from the date of sending the email to the winner, the winner has not transferred the public address of his/her wallet by following the instructions, it will be understood that the winner has declined the NFT + the tickets to the festivals. 

In the event that the technical instructions for the transfer of the NFT provided in the email are followed within 30 days of receiving the email containing said technical instructions, S.A. DAMM will transfer the NFT to the MetaMask Wallet specified by the winner. The participants of this promotion can find all the information about the promotion on the web page https://www.estrelladamm.com/es/lapolsera. This web page will also be featured on the reverse of the bottleneck label of the 20 cl and 33 cl bottles of Estrella Damm belonging to this promotion, as well as on the advertising material. 

A second prize will also be at stake, the characteristics of which are described in “6th – Prizes”. 

Participants must peel the bottleneck labels off the 20 cl and 33 cl Estrella Damm bottles. All non-winning bottleneck labels have a promotional code on the reverse that will allow consumers to enter the draw for the second prize. Consumers who would like to be eligible for the second prize must register on the website https://www.estrelladamm.com/es/lapolsera and enter their name and surname, date of birth, National ID number (DNI), post code, and email address and then enter the code that appears on the bottleneck label on the website. If the winner of the draw has previously registered for other promotions, he/she must fill in the updated details on his/her Damm ID profile and enter the codes on the website. 

At the end of the promotional period, a draw will be held from among all the registered entries (one for each code entered) on 8 May 2023 before the Notary of the city of Barcelona, Mr José-Alberto Marín Sánchez, Carrer de la Diputació nº 268, entresol, and one winner and five substitutes will be selected.  

Likewise, in the event that no one finds the first prize or the winner relinquishes it (golden bottleneck label), it will also be allocated (along with five substitutes) during the same procedure from among all the participants in the promotion, with the winner being the one drawn second. 

Participants will only be eligible for one of the two prizes, which cannot be awarded concurrently, so the winner of the first draw will not be eligible for the prize in the second draw in the event that the second draw is conducted. 

S.A. DAMM, on its own behalf or on behalf of third parties, will contact the winner(s) via the email address provided during registration within a maximum period of 48 hours after the draw has been held. A document will be attached to the email, which must be completed in order for the tax withholdings (Personal Income Tax – IRPF) derived from the amount of the prize (to be paid by S.A. DAMM) to be carried out. In said document, the winner indicates that he/she is aware that acceptance of the prize entails tax withholdings, which he/she must declare this year.  

6th – PRIZES 

6.1. Description of the prizes   

The first prize consists of a non-transferable Estrella Damm La P∞lsera 2023 NFT which, as an associated benefit, grants access for one individual to the festivals sponsored by the Estrella Damm brand of S.A. DAMM listed below for 10 consecutive years, from May 2023 to May 2032. List of Festivals currently sponsored by Estrella Damm: 

1. Brunch! Electronik 

2. Canet Rock 

3. Cruïlla 

4. Sónar 

5. Vida 

6. (a)phònica* 

7. Arts d’estiu* 

8. Calafell Beach Festival* 

9. Cabró Rock* 

10. El Tingladu 

11. Festival Strenes* 

12. Ítaca* 

13. Porta Ferrada* 

14. Primavera Sound 

15. Share Festival 

16. Som de Mar* 

17. Sons del Món* 

18. Telecogresca 

The second prize consists of a free ticket to each of the music festivals sponsored by Estrella Damm in Catalonia listed below, for one year, starting on 2 May 2023 and ending on 2 May 2024. List of Festivals currently sponsored by Estrella Damm: 

1. Brunch! Electronik 

2. Canet Rock 

3. Cruïlla 

4. Sónar 

5. Vida 

6. (a) phònica* 

7. Arts d’estiu* 

8. Calafell Beach Festival* 

9. Cabró Rock* 

10. El Tingladu 

11. Festival Strenes* 

12. Ítaca* 

13. Porta Ferrada* 

14. Primavera Sound 

15. Share Festival 

16. Som de Mar* 

17. Sons del Món* 

18. Telecogresca 

 

*For the following festivals with the format of several concerts on different non-consecutive dates the winner(s) shall only choose one concert per year/one single date (per festival). List of festivals: 

1. (a)phònica* 

2. Arts d’estiu* 

3. Calafell Beach Festival* 

4. Cabró Rock* 

5. Festival Strenes* 

6. Ítaca* 

7. Porta Ferrada* 

8. Som de Mar* 

9. Sons del Món* 

The winners of the first and second prize will have to send an email to lapolsera@estrelladamm.com to claim each festival ticket 15 days prior to the first day of each festival/concert. 

The above lists indicate the festivals that are currently sponsored by Estrella Damm and that have agreed to participate in the promotion.  During the period of validity of both prizes, the lists may be subject to change and by accepting these Legal Terms and Conditions, the winners waive the right to any type of claim for this reason. In any case, S.A. DAMM will contact the winner annually to inform him/her of any variations in the list of sponsored festivals. 

6.2. Estrella Damm La P∞lsera 2023 NFT 

6.2.1. Description. The Estrella Damm La P∞lsera 2023 NFT consists of a unique NFT (ERC-721) of an original video by digital creator Alex Tochut (hereinafter referred to as “Content”). Only one NFT of the Content will be minted and will be transferred to the winner on a personal and non-transferable basis. In order to receive and take advantage of the Estrella Damm La P∞lsera 2023 NFT, the winner of the competition must use the MetaMask wallet. S.A. DAMM will transfer this Estrella Damm La P∞lsera 2023 NFT to the MetaMask wallet of the winner once he/she has accepted the prize, and the requirements for entering the competition set out in these Legal Terms and Conditions have been verified. In order to transfer the Estrella Damm La P∞lsera 2023 NFT to the winner, he/she must provide S.A. DAMM with the details of the public address (ID) of his/her own MetaMask wallet through the specified means and follow the technical instructions provided. This Estrella Damm La P∞lsera 2023 NFT and the Content may also be visible in Estrella Damm’s account on the OpenSea marketplace, with the name “Estrella Damm” (trademark belonging to the commercial entity S.A. Damm) as the creator of the NFT, the identification of the wallet of the NFT holder (public ID) and a reference to the unique and non-transferable nature of the Estrella Damm La P∞lsera 2023 NFT and its Content being displayed. 

6.2.2. Ownership and intellectual property rights.  S.A. DAMM owns all legal rights, titles and interests to the Content, as well as all intellectual property (exploitation) rights to the Content and may reproduce and display it on – and through – its own communication media, such as social networks (i.e. Facebook and Instagram). The rights that the winner will have over the Content and the Estrella Damm La P∞lsera 2023 NFT are limited to those described in the section “Rights and obligations of the winner”. S.A. DAMM reserves all rights to the Content and the Estrella Damm La P∞lsera 2023 NFT that are not expressly granted to it in these Terms and Conditions. 

6.2.3. Rights and obligations of the winner. The winner of the prize acquires a worldwide licence to use the Content of the Estrella Damm La P∞lsera 2023 NFT, on a free-of-charge, non-exclusive, non-time-limited and non-transferable basis for his/her private use, which will allow him/her to copy and display the Content associated with the Estrella Damm La P∞lsera 2023 NFT for personal and non-commercial purposes only. The licence for use will allow the winner to retain, reproduce and display the NFT on – and through – his/her own communication media, such as social networks (i.e. Facebook and Instagram) or other similar platforms, provided that he/she does not distribute copies. Under the licence, the winner may not sell, resell, assign, lease or otherwise transfer the Estrella Damm La P∞lsera 2023 NFT and its Content to any other person, whether free of charge or for compensation. The winner must respect the provisions established in these Terms and Conditions regarding the use of the Estrella Damm La P∞lsera 2023 NFT and its Content. In the event of non-compliance with these provisions, S.A. DAMM reserves the right to take appropriate action in the event of copyright infringement and/or breach of contract. 

In addition to the foregoing, the winner agrees to provide S.A. Damm with the ID of a wallet of which he/she is the owner, and must use his/her MetaMask wallet under the terms and conditions of service established by MetaMask and the winner will be responsible for maintaining the security of his/her wallet and not sharing the passwords or elements relating to access to the wallet (private keys) with anyone. S.A. DAMM reserves the right to take appropriate action in the event that, due to a lack of diligence on the part of the winner in fulfilling his/her duty of responsibility, there is a breach of the conditions established in these Terms and Conditions regarding the use of the Estrella Damm La P∞lsera 2023 NFT and its Content, including, but not limited to, the consequences associated with the use of a wallet belonging to a third party in order to obtain the prize. 

6.2.4. Limitations of liability. S.A. DAMM does not have any form of link, control or custody over the content of the MetaMask wallet of the winner. Once the Estrella Damm La P∞lsera 2023 NFT has been transferred by S.A. DAMM to the MetaMask wallet specified by the winner, all responsibility for its safekeeping and use will rest with the winner. S.A. DAMM is not responsible for incidents resulting from vulnerability or any type of failure or abnormal behaviour of software (for example, wallet or smart contract), blockchains or any other technical aspect of the Estrella Damm La P∞lsera 2023 NFT. S.A. DAMM is also not responsible for incidents resulting from late notification by the developers or their representatives (or lack of notification) of any problems with the blockchain (Polygon) supporting the Estrella Damm La P∞lsera 2023 NFT, including forks, technical problems with nodes or any other technical problems that prevent access to the Estrella Damm La P∞lsera 2023 NFT. 

6.2.5. The winner cannot relinquish the Estrella Damm La P∞lsera 2023 NFT prize since access to the benefits (consisting of individual and free access for ten years to the music festivals in accordance with the provisions indicated in the previous point) is associated with said NFT prize. In the event that the winner does not inform S.A. DAMM of his/her wallet ID within 30 days from the date of sending the email containing the technical instructions to obtain the Estrella Damm La P∞lsera 2023 NFT, it will be understood that he/she has relinquished the Estrella Damm La P∞lsera 2023 NFT and, therefore, the associated benefits. The method of informing S.A. DAMM of the wallet ID will be clearly indicated in the instructions sent via email. 

7th – FILING OF THE TERMS AND CONDITIONS AND AMENDMENTS 

The terms and conditions of this promotion will be filed with the notary of the city of Barcelona, Mr José-Alberto Marín Sánchez, Carrer de la Diputació, nº 268. 

The winners waive the right to make any claim against S.A. DAMM and the festival organisers in the event that the festival is cancelled due to COVID-19 or any other reason of force majeure. 

S.A. DAMM expressly reserves the right to cancel, modify, extend, amend or discontinue this promotion at any time without prior notice.  

8th – PERSONAL DATA 

By means of the promotional dynamics described, and in compliance with the applicable regulations, we hereby inform you that the data of the participants of the promotion will be processed by S.A. DAMM for the sole purpose of managing the promotion and assigning the prizes to the corresponding winners.  

Likewise, by completing the form for the promotion, participants give their express consent to the processing of their personal data in order to manage, attend to and provide them with the services requested in accordance with the information provided at the time of registering for the promotion with regard to the purpose, legitimacy and recipients of the data. 

The fields marked with an asterisk in the above form are strictly necessary in order to participate in the promotion. 

Participants in this promotion may exercise their rights of access, rectification, erasure and portability of their data, as well as the restriction or opposition to the processing of said data, by writing to the following postal address: S.A. DAMM, A/A OFICINA PRIVACIDAD (RESPONSABLE LOPD), Carrer del Rosselló, 515, 08025 Barcelona; communications made by the participant to the email address privacidad@damm.com will also be valid. 

9th – EXCLUSIONS 

All employees of S.A. DAMM and/or distributors or their family members, and any other person directly or indirectly related to the creation and implementation of this promotion are expressly excluded from this promotion. 

Minors under 18 years of age are excluded from this promotion. 

10th – ACCEPTANCE 

Participation in this promotion implies full acceptance of these terms and conditions and express submission to the interpretative decisions made by S.A. DAMM. 

In the event of any disagreement between the participants of the promotion and the interpretation of these terms and conditions by S.A. DAMM, the courts and tribunals of the city of Barcelona will be competent to rule on any disputes that may arise, with the participants of this promotion expressly waiving their own jurisdiction. 

And in witness whereof, this document is signed in the city of Barcelona, on 9 March 2023.