1.       Company organising the Prize Draw

PALLADIUM GESTIÓN, S.L.U., with registered address on Avda. de Bartolomé Roselló, 18; 07800 Ibiza, Balearic Islands (Spain) with tax identification number B-16.652.760 (hereinafter "Palladium") is organising a prize draw called USHUAÏA SMART PRIZE DRAW EXPERIENCE (hereinafter the "Draw") subject to these terms and conditions, with the aim of rewarding the loyalty of members of the loyalty programme known as Palladium Rewards, a scheme that rewards the stays and purchases of its members in the hotel establishments managed by Palladium or its business group, by assigning points that, in turn, can be exchanged for stays and consumption in said establishments (the "Programme" or "Palladium Rewards").

2.       Duration, requirements and operation of the Prize Draw

The Prize Draw will run from 00:01 on 01 August 2024 ("Start Date of the Prize Draw") to 24:00 on 12 October 2024 ("End Date of the Prize Draw") ("Prize Draw Duration Period").

Any person over the age of EIGHTEEN (18) years old, regardless of their country of residence, who is enrolled on the Programme, is eligible to enter the Prize Draw. This means that only members who are already registered in the Programme as of the Start Date of the Prize Draw, as well as all those who register during the Prize Draw Duration Period with the sole intention of participating, are eligible.

To participate, you must identify yourself as a Palladium Rewards member and spend at least €50 in restaurants, bars and additional services provided by Ushuaïa Ibiza Beach Hotel, which include the following: Montauk Steakhouse Ibiza, Minami Japanese Restaurant, The Beach by Ushuaïa Ibiza, The Oyster & Caviar Bar, The Unexpected Breakfast and Up Sky Society. Participants can enter the Prize Draw an unlimited number of times, receiving one entry for each €50 spent.

(the "Participants" and individually the "Participant")

3.       Selecting the winners

Throughout the Prize Draw Duration Period, the Salesforce platform will record all Participant purchases. On the Prize Draw End Date, it will provide a list of Participants along with the number of entries for each to Easypromo, which will conduct the Prize Draw using an automated process. This will result in the selection of three (3) winners and ten (10) reserves.

The outcome of the Prize Draw will be announced on the Palladium Rewards Instagram account.

Furthermore, within a maximum of five (5) calendar days following the Prize Draw End Date, Palladium will contact the winners using the email address registered in the Programme's database to inform them of the results.

If the winners do not reply to the email within three (3) calendar days, the prize will be given to the next reserve winner according to the records reported by the easypromosapp platform.

4.       Prize – General Terms and Conditions

Participants who are declared winners, as per the records provided by the easypromosapp platform, will receive 250,000 Rewards points, which is equivalent to €/$1,000 in points. These points can be exchanged for accommodation and purchases at Ushuaïa Ibiza Beach Hotel, in addition to two days' complimentary rental of the Ushuaïa Smart car (the "Prize").

*This vehicle will be available to the winner, subject to the terms and conditions of the vehicle rental company, which is not affiliated with Palladium Gestión, S.L.U. In addition, the vehicle will be subject to availability on the date chosen by the winner to enjoy it.

The Prize will be transferred to the Palladium Rewards account of each winner within a maximum of seven (7) calendar days from the End Date of the Prize Draw ("Prize Transfer Deadline"). The Rewards Points transferred as a Prize will be valid for twelve (12) months from the date they are transferred to the winner's account.

If the winner leaves the Programme (i) before being notified of his/her declaration as winner; or (ii) before  the Prize Transfer Deadline is reached, the Prize will be transferred to the next reserve winner according to the records reported by the easypromosapp platform and, in the event that the latter leaves the Programme before the deadlines described in points (i) and (ii), the Prize will be transferred to the third reserve winner and so on. This procedure will also be applicable in the event of any errors contained in the data provided by the winning Participant that prevents their identification or location.

5.       Reservations and limitations

Palladium shall not accept any liability if there are any errors in the data provided by the Participants that hinders the identification or location of the winners.

Palladium shall not accept any liability for damages of any kind that may result from the lack of availability or continued the operation of the means through which the Prize Draw is held or that allow its operation and/or conclusion, in particular, including but not limited to, failures in accessing the platforms and web systems used for this purpose.

Palladium reserves the right to eliminate with due cause any Participant who defrauds, alters or disables the proper functioning and normal and regulatory course of the Programme and/or the Prize Draw.

Palladium reserves the right to shorten, extend, modify or cancel the Prize Draw if exceptional circumstances arise that prevent its operation or continuity, communicating such circumstances to the Participants.

Palladium will not be responsible for cases of force majeure that could prevent the winners from fully or partially enjoying their Prize. Likewise, Palladium is exempt from any responsibility for damages that may occur while making use of the Prize.

6.       Data protection

In line with current regulations on personal data protection, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, Participants in the Prize Draw are informed that their data will be processed by Palladium Gestión, S.L.U. as data controller; registered office in Avda. Bartolomé Roselló, 18, Ibiza, Balearic Islands (Spain).

Participant data will be the identifying data needed to participate in the Prize Draw.

The purpose of processing is to manage the Prize Draw, as well as to announce the winners and then subsequently present the Prize. The basis for legitimacy is the express acceptance of these rules for the interested party to participate in the Prize Draw.

Their data will not be shared with third parties unless there is a legal obligation to do so, such as:

·            the State Tax Administration Agency, responsible for ensuring compliance with tax obligations related to the Contest, where applicable,

·            the administrative authorities that may require this information in the context of fulfilling the legal obligations of the data controller or within the framework of any procedures that may be initiated by them concerning claims from the Participants, or

·            the competent legal authorities.

Participants' information will be retained throughout the processing of this Prize Draw. Following this, they will be kept and blocked for the legally mandated period to address any potential claims.

The details of the winners, including those whose selection ultimately proves unsuccessful, will be retained for the necessary duration to facilitate presentation of the Prize, the announcement of the Prize Draw results, and to fulfil the legal, tax, and administrative obligations associated with the Prize Draw. Following this, the data will continue to be blocked and stored for the duration of the legally required periods concerning any potential tax and administrative liabilities, as well as any judicial actions that may arise from these and the promotion.

Participants have the right to exercise their rights of access, rectification, erasure, portability, limitation, or, where applicable, opposition, as well as to revoke the consent previously granted.

To exercise these rights, a written request must be submitted to the postal address indicated above or to the email address rgpd@palladiumhotelgroup.com. Please specify which of the rights you would like to exercise and attach an image of your national ID or another equivalent ID document. If you act through a legal or voluntary representative, please provide documentation that accredits that representation and their ID.

Likewise, if you consider that your right to the protection of personal data has been violated, you may file a complaint with the Spanish Data Protection Agency (www.aepd.es).

7.       Acceptance of the terms and conditions

The Participant agrees to the terms outlined herein in advance, thereby explicitly indicating their consent to participate in the Prize Draw.

8.       Claims Period

Any claims related to the Prize Draw and these terms must be submitted within thirty (30) calendar days from the conclusion of the Prize Transfer Deadline. No claim whatsoever related to this matter will be accepted after that.

9.       Law and jurisdiction

These terms are regulated by Spanish common law. If there are any uncertainties regarding their interpretation, the parties agree to be bound by the decisions of the courts in the city of Ibiza, Balearic Islands (Spain), with an explicit waiver of any other jurisdiction that may apply.