LEGAL BASES FOR PARTICIPATION IN THE “CONNECT AND ANSWER” CONTEST
1. Organizing Company and Purpose of the Contest
The organization of this contest (hereinafter, the "contest") is organized by Jibe Mobile, Inc, (hereinafter, "the Promoter") whose registered office is located at Plaza Pablo Ruíz Picasso, Torre Picasso 1, Madrid 28020, Spain.
Participation in the contest is voluntary and free of charge.
The Contest aims to involve participation in the RCS Experience "Connect and Answer," an interactive weekly activity with no economic cost to the user, developed through a conversational bot on the RCS (Rich Communication Services) messaging channel, available on compatible mobile devices.
The dynamic consists of answering a series of questions posed by the bot, based on criteria of knowledge and skill, with participants being able to access prizes in kind based on their performance in each edition.
Participation in the contest is free of charge, with no obligation to purchase nor any additional cost required.
These Legal Bases aim to regulate the conditions of participation, as well as to establish the rights, obligations, and limitations of liability applicable to participants.
This initiative is promotional in nature and is not subject to Law 13/2011, of May 27, on gambling regulation, as it does not imply additional charges nor is it based on chance for the awarding of prizes.
2. Territorial and Temporal Scope
The RCS Experience will be available exclusively to residents in Spain, from April 1, 2025, to June 30, 2025.
3. Conditions of Participation
Natural persons who meet all the following requirements may participate in the RCS Experience:
- Be over 18 years of age at the time of participation.
- Be legal residents in Spain.
- Have an RCS-compatible mobile device and a mobile phone operator that offers said service.
- Fully accept these Legal Bases and the Organizer's Privacy Policy.
The Organizer reserves the right to request documentation proving compliance with the above requirements and to exclude those who do not comply or who participate fraudulently.
4. Contest Mechanics
To participate, the user must interact with the RCS bot by following the instructions provided through the messaging service.
The games will take place weekly, through a series of trivia-type questions.
Participation is free of charge, without prejudice to any costs that the telephone operator may apply for the use of the messaging service.
5. Prizes
First prize: Google Pixel 8a phone
Second prize: Google Pixel 8a phone
Third prize: Google Pixel 8a phone
Referral Prize: PlayStation 5 console
The prize will be subject to the provisions of the Spanish tax regulations in force at any given time, so, where applicable, taxes and withholdings will be applied to the prize in accordance with said tax regulations.
Thus, the prizes may be subject to withholdings or payments on account of Personal Income Tax (IRPF) and/or Corporate Tax (IS).
Any tax charges that the acceptance of the prize may entail for the winner, as well as any other expense derived from the contest not expressly assumed by the Promoter in these Legal Bases, will be borne by the winner.
The Promoter will not be responsible for any incorrect tax declaration that the prize winners may make.
The Promoter will have no other obligation to the winners beyond the delivery of their prize.
The winner is advised to seek independent advice on the tax implications of accepting the prize.
The Promoter will not replace any lost or stolen prize.
6. Rules of Conduct
The participant undertakes to:
- Participate honestly and in accordance with the established rules.
- Not use automated mechanisms, scripts, third-party bots, or any other fraudulent means to manipulate or interfere with the RCS Experience.
- Not use the service to issue offensive, illegal, or inappropriate content.
- Not alter, decompile, or interfere with the operation of the bot or the RCS service.
Failure to comply with these rules may result in the immediate disqualification of the participant and/or the permanent suspension of their access to the game.
7. Intellectual Property
All content related to the RCS Experience (including questions, answers, texts, graphics, bot design, and associated software) is the property of the Organizer or third-party licensors and is protected by industrial and intellectual property laws.
8. Personal Data Protection
By participating in the Contest, Participants acknowledge that they have read and accepted the Promoter's privacy policy, available at https://policies.google.com/privacy?hl=en, and that the information collected from Participants may be used by the Promoter for the purposes of the Contest.
Such information will not be reused, sold, or shared in any way by the Promoter for purposes unrelated to the Contest.
The participant has the right to request access, review, rectification, or deletion of any personal data that the Promoter holds in relation to the Contest by writing to the Promoter at the email address dpo-google@google.com.
9. Disclaimer of Liability
All Participants and their heirs, executors, administrators, and legally defined successors (individually and collectively, the "Releasing Parties"), as a condition of participating in this Contest, unconditionally and irrevocably agree to release, discharge, and hold harmless the Promoter, and the Releasing Parties, from any liability, claim, litigation, loss, action, or damage of any kind, whether actual, incidental, or consequential, for injuries (including, but not limited to, death), illnesses, damages, losses, or expenses arising from the Participant's participation in this Contest, or from the acceptance, possession, or use/misuse of any prize, or from participation in prize-related activities.
By participating in this Contest, the Releasing Parties further agree to abide by the Legal Bases and be fully bound by them, and waive any right to claim any ambiguity or error therein or in this Contest itself, and to be bound by the decisions of the Promoter, which shall be final and binding in all matters related to this Contest.
In the event that a Participant is a Winner and it is later discovered that they have breached these bases, they will be asked to forfeit the prize or, if such breach is discovered after the Winner has used the Prize, to reimburse the Promoter for the declared value thereof.
The Promoter shall not be liable to the Winner or any other person for the inability to supply the Prize or any part thereof as a result of force majeure, actions, regulations, requirements, or orders of any governmental entity, equipment failures, terrorist acts, wars, fires, unusually severe weather conditions, embargoes, labor disputes or strikes, shortages of labor or materials, interruption of transport of any kind, or any other cause beyond the Promoter's exclusive control.
The Releasing Parties are not responsible, and each Participant hereby releases them from any claim and all liability for (i) a Participant's inability to complete or continue participation due to equipment malfunction and acts beyond the control of the Releasing Parties;
(ii) any technical difficulty or transmission error; (iii) any delay, misdelivery, loss, or failure in the delivery of any item;
(iv) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, failures, or malfunctions of any kind;
(v) any injury or damage to the Participant's or any other person's computer or mobile phone related to or resulting from participation or downloading any information necessary to participate in the Contest;
and (vi) other errors of any kind, whether computer, technical, typographical, printing, human, or otherwise, directly or indirectly related to this Contest, including, but not limited to, errors that may occur in connection with the printing or advertising of this Contest, its administration or execution, the processing of entries, or the announcement of the Winner.
The Promoter, in its sole discretion, reserves the right to disqualify any person who tampers with the entry process or the operation of the Contest website.
Notwithstanding any provision to the contrary in these Legal Bases, if applicable, and to the extent permitted by law, in no event shall the liability of the Promoter or the Releasing Parties to Participants exceed EUR 1.00.
In no event shall the Promoter or the Releasing Parties be liable to any Participant for any special, incidental, consequential, or indirect damages, whatever the cause and theory of liability.
Each of the limitations set forth in this paragraph shall apply even if the Promoter has been advised or is aware of the possibility of such damages.
Any attempt by a person to deliberately damage any website or undermine the legitimate operation of this Contest may be a violation of criminal and civil laws.
In the event such an attempt occurs, the Promoter reserves the right to disqualify and claim damages from such person to the fullest extent permitted by law.
10. Modification and Cancellation
The Promoter reserves the right to cancel, modify, or terminate the Contest if fraud, misconduct, or technical or human failures destroy or threaten, in the Promoter's opinion, its integrity;
or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest, as determined by the Promoter, in its sole discretion.
In the event of early termination of the Contest, the Promoter reserves the right to determine a possible Winner from all entries received as of the time/date of such termination.
If, due to circumstances beyond the Promoter's control, any event related to this Contest occurs that could prevent the awarding of the prize (in whole or in part), the Promoter reserves the right, but not the obligation, to cancel or modify the Contest and shall not be obliged to award a substitute prize (either in whole or in part).
11. Termination of Participation
You may stop participating in the RCS Experience at any time by simply ceasing to interact with the bot.
We reserve the right to suspend or terminate your access to the RCS Experience, in our sole discretion, at any time and for any reason, including, without limitation, if you breach these Legal Bases.
12. Applicable Law and Jurisdiction
The Contest and the Legal Bases are governed by Spanish law.
The participant agrees that any and all disputes that cannot be resolved between the parties and legal actions arising from or related to this Contest shall be resolved individually before the Courts of Madrid, to which the parties submit, waiving any other jurisdiction that might correspond to them.
Furthermore, in any such dispute, under no circumstances shall the participant be permitted to obtain compensation—and hereby waives all rights to it—for any damages, including incidental or consequential damages, as well as reasonable attorneys' fees, other than the Participant's actual expenses (i.e., costs associated with participating in this Contest).
Furthermore, the Participant waives all rights to have damages multiplied or increased.
13. Language
These Legal Bases are provided in Spanish and English.
In case of discrepancy between the versions, the Spanish version shall prevail.
14. Contact
For any queries related to the Contest, participants can contact the Promoter via this email address: conecta-y-responde@googlegroups.com