1st – ORGANISER

S.A. DAMM, with CIF (Tax Identification Code) no: A08000820 and registered office at Carrer Rosselló, 515, Barcelona, intends to run a promotion that shall be conducted in accordance with the following terms and conditions:

2nd – DATES

This promotion shall commence on 3 April 2024 and end on 7 June 2024. Entries shall not be accepted after the end date of the promotion.

3rd – GEOGRAPHICAL SCOPE OF THE PROMOTION

The geographical scope of this promotion shall cover Catalonia and Andorra.

4th – TARGET AUDIENCE OF THE PROMOTION

The promotion is aimed 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:

Participants must peel off the bottleneck labels from 20 cl and 33 cl bottles of Estrella Damm in order to enter the competition. The goal is to find one of the five bottleneck labels that are gold on the reverse side.

There will be five gold-backed bottleneck labels (direct prize), and a notarial deed shall be drawn up certifying that these five gold-backed bottleneck labels have been inserted into the production line at the S.A. Damm factory located in El Prat de Llobregat (Barcelona).

Participants who find one of the five gold-backed bottleneck labels shall be awarded the prize provided that they follow the instructions below. No more than one golden bottleneck label can be accumulated by a single person.

Winners must register on the website https://www.estrelladamm.com/es/lapolsera and enter their name and surname, date of birth, national ID number, postal code, email address and the code that appears on the bottleneck label. If the winner has previously registered for other promotions, he/she must provide updated details on their DAMM ID profile. Prize winners will have until 7 June 2024 to enter the code from the gold-backed bottleneck label he/she has collected on the website referred to in this paragraph and complete the required fields.

Once registration has been completed, a notification will be sent to the email address provided at the time of registration, in which the process to be followed to acquire the prize will be detailed. This email shall also include an attached document (prize acceptance letter) which the winner must complete, sign and return to S.A. Damm within a period of 5 working days from receipt of 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 on the value of the prizes awarded, for which purpose 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 the remaining tax liabilities that, if applicable, may correspond to him/her during the period of validity of the prize (10 years). In said document, the winner confirms that he/she is aware that acceptance of the prize entails the aforementioned tax obligations.

The winner shall have a period of 5 working days from receipt of the email notifying him/her that he/she is the winner to respond and indicate whether he/she accepts or declines the prize. By way of reminder, the winner will be sent a further email with complete instructions when 24 hours remain until the deadline to respond as to whether he/she accepts or declines the prize.

In the event that no response is received within the indicated period, it will be understood that the winner has relinquished the prize, which shall then be included in the prize draw.

Additionally, a sixth prize with the same characteristics as those outlined in the 6th term and condition (Prizes) shall also be in play.

Participants must peel the bottleneck label from the 20 cl and 33 cl bottles of Estrella Damm. All non-winning bottleneck labels have a promotional code on the reverse side that will allow consumers to participate in the prize draw for the sixth wristband and/or those wristbands for which the golden bottleneck label has not been found. Consumers who would like to be eligible for the prize referred to in this paragraph must register on the website https://www.estrelladamm.com/es/lapolsera and enter their name and surname, date of birth, national ID number, postal code, email address and the code that appears on the bottleneck label. If the winner of the prize draw has previously registered for other promotions, he/she must provide updated details on his/her DAMM ID profile and enter the codes on the website. Persons who have already won by means of a golden bottleneck label shall not be eligible to participate in the draw for the sixth wristband, since only one prize per person shall be permitted.

At the end of the promotional period, a draw will take place from among all registered entries (one for each code entered) on 11 June 2024 before the Notary Public of the city of Barcelona José-Alberto Marín Sánchez, Carrer de la Diputació, nº 268, entresol, from which a winner and five substitutes will be selected.

Furthermore, in the event that any of the five golden bottleneck labels with a direct prize is not found or the winner relinquishes his/her prize, it will be allocated (along with five substitutes) during the same procedure from among all the participants in the promotion.

S.A. DAMM, on its own behalf or on behalf of third parties, shall contact the winners via the email address provided within a maximum period of 5 working days after the draw has been held. The email shall include an attached document that must be completed in order for the tax withholdings (Personal Income Tax – IRPF) derived from the amount of the prize (payable by S.A. DAMM) to be carried out. At this point, the winner declares that he/she is aware that acceptance of the prize entails tax withholdings that he/she must declare this year.

In accordance with Articles 101.7 of Law 35/2006 on Personal Income Tax (IRPF) and 75.2 c) of Royal Decree 439/2007 approving the IRPF Regulations, prizes awarded as a result of participation in games, competitions, prize draws or lotteries, regardless of whether or not they are related to the offer, promotion or sale of certain goods, products or services, are subject to withholding or payment on account if the basis of the withholding exceeds 300 euros.

The personal income tax withholding or payment on account applicable to the prizes awarded is 19% of the basis of the withholding or payment on account, with this basis being (i) in the case of prizes consisting of the awarding of monetary amounts, the total of the amount to be awarded and (ii) in the case of prizes consisting of the awarding of goods or services, the value of the cost of purchasing the product or service by the Company, plus 20%.

In this respect, it is expressly stated for the record that, by law, the Company shall make the withholdings and payments on account corresponding to the value of the prizes. In addition to the formal obligation to make the corresponding withholding or payment on account, the Company agrees to assume the cost of the withholding or payment on account corresponding to the prize, without prejudice to the winner being responsible for the corresponding tax liabilities.

 

6th – PRIZES

6.1. Description of the prizes

The first prize consists of access for one individual to the festivals listed below sponsored by the Estrella Damm brand owned by S.A. DAMM for 10 consecutive years, from June 2024 to June 2033. List of festivals currently sponsored by Estrella Damm that are participating in the promotion:

1. Brunch! Electronik
2. Canet Rock
3. Cruïlla
4. Primavera Sound
5. Sónar
6. Vida
7. (a)phònica*
8. Arts d’Estiu*
9. Bass In The Park*
10. Barcelona Rock Fest
11. Calafell Beach Festival*
12. Cabró Rock
13. Cap Roig Festival*
14. El Tingladu
15. Empordà Music Festival*
16. Festival Strenes*
17. OFFSónar*
18. Porta Ferrada*
19. Portalblau*
20. Share Festival
21. Sons del Mon*
22. Summerfest Cerdanya*
23. Telecogresca

 

*In the case of the following festivals, which have a format involving various concerts on different and non-consecutive dates, the winners must choose a single concert per year/one date only (per festival). List of festivals:

1. (a)phònica*
2. Arts d’Estiu*
3. Bass In The Park*
4. Calafell Beach Festival*
5. Cap Roig Festival*
6. Empordà Music Festival*
7. Festival Strenes*
8. OFFSónar*
9. Porta Ferrada*
10. Portalblau*
11. Sons del Món*
12. Summerfest Cerdanya*

 

Prize winners must 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 show the festivals currently sponsored by Estrella Damm that have agreed to participate in the promotion. During the period of validity of the six prizes, such lists may be subject to changes, 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 shall contact the winner annually to inform him/her of any variations in the list of sponsored festivals.

Any of the 6 winners may exchange the prize of 10 years of festivals for €10,000 and 1 year of access to the festivals sponsored by Estrella Damm listed in the sixth section of these legal terms and conditions. Winners must communicate such choice to the organisers in the same email when they are notified of their status as winners.

 

7th – FILING OF THE TERMS AND CONDITIONS AND AMENDMENTS

The terms and conditions of this promotion shall be filed with the Notary Public of the city of Barcelona José-Alberto Marín Sánchez, Carrer de 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 festivals are cancelled due to 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 shall 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 on the form are strictly necessary for participation in the promotion.

Participants in this promotion may exercise their rights of access, rectification, erasure and portability of their data, as well as the right to restrict or oppose the processing of their data, by sending a written correspondence to the following postal address: S.A. DAMM, A/A OFICINA PRIVACITAT (RESPONSABLE LOPD), Carrer del Rosselló, 515, 08025 Barcelona; communications made by the participant to the email address privacidad@damm.com shall 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 constitutes complete 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 shall be competent to rule on any disputes that may arise, with the participants of the promotion expressly waiving their own jurisdiction.

And in witness whereof, this document is signed in the city of Barcelona on the 26th day of March 2024.