TERMS AND CONDITIONS CARPORT 4U DRAW SUNFER ESTRUCTURAS, S.L.U.

1.- General considerations

SUNFER ESTRUCTURAS, S.L.U. (hereinafter the “Organizer”) with CIF B96915855 located in Albalat de la Ribera (Valencia), Camino de la Dula s/n, organizes and manages the draw called “GRANDPARK” (hereinafter the “Draw”), which will be governed by the provisions of these rules.

2.- Purpose of the Draw

The Draw is a promotional activity of SUNFER ESTRUCTURAS, SLU carried out by the Organizer in the form of “free draw” which aims to promote its new residential parking GRANDPARK

3.- Target audience of the prize draw

This Sweepstakes will be conducted exclusively through the Internet, and specifically through the URL address Sunfer Energy (hereinafter the “Website”), which can be accessed directly or through links advertised on the home, blog or official profiles of the Organizer in social networks, filling in the information contained in the “Registration of participation” and also, the Organizer may advertise in any advertising material or dissemination. Participation in this Sweepstakes is free of charge, and no purchase of any product or payment of any fee or other amount of any kind is required to participate in this Sweepstakes.

Participation in this Sweepstakes shall be governed by the provisions of the “Conditions of Participation” section.

The fact of participating in this Sweepstakes grants the participant, who consequently complies with the conditions of participation indicated in the section “Conditions of Participation”, the status of participating entity or company, and implies the acceptance, without reservation, of the Bases contained in this document.

4.- Temporal scope of the draw

The period of participation is fixed between 13 December 2023 and 21 June 2024, coinciding with the celebration of several fairs such as; Energaia 2023, Genera 2024, Key Energy 2024, Solar & Storage London 2024 and InterSolar 2024, where the product will be shown. After the end of the InterSolar fair, the draw will be held.

5.- Conditions of participation

5.1.- Persons entitled to participate in the prize draw.

Participation in this prize draw is restricted to persons over 18 years of age who faithfully comply with the mechanics of participation in the prize draw. The participants are responsible for the veracity of the data, both their own and that of the entity they represent, provided in the registration form that entitles them to participate in the prize draw.

Those persons with employment or professional ties to the Organiser, i.e. employees, collaborators or subcontractors, direct or indirect, of the Organiser and its associated companies, as well as direct family members up to the first degree of all the aforementioned groups, are not eligible to participate in this prize draw.

In the event that there are participations in this prize draw that do not meet the established participation requirements, they will not be included in the list of participants for the purposes of the prize draw.

5.2.- Obligations and responsibility of the participants.

The participants in the present prize draw, by the mere fact of being participants, accept without reservation the present Rules.

The participants expressly accept the Website’s Policies of Use and Privacy and Data Protection and guarantee respect for all Industrial and Intellectual Property rights to which they have access as a result of participating in this prize draw, whether they are owned by the Organiser or by the collaborating companies.

Participants guarantee the accuracy and veracity of their personal data. The falsity of any type of data, or the non-fulfilment of any of the requirements indicated in these Rules, will be sufficient cause for disqualification as a participant in the Sweepstakes. Likewise, the Organiser will not be responsible for any errors with respect to the data provided by the winner at the time of registration as a participant in the Prize Draw and which, as a result, make it impossible for the Organiser to contact the said winner.

In the event that the Organiser detects any anomaly, or suspects that any participant, or a third party, is not complying with the terms and conditions of the prize draw, and/or preventing its normal operation, the Organiser reserves the right to unilaterally eliminate their participation, and even to declare the prize draw void.

As a consequence of what is established in the two previous paragraphs, the participants, by the mere fact of participating in the Sweepstakes, accept the criteria and competence of the Organiser with regard to the resolution of any question derived from such situations.

5.3.- Mechanics of participation.

In order to participate in the prize draw, interested parties must fill in the participation form as described above and provide their email address as indicated on the prize draw website. In any case, such registration will be a prerequisite for participating in the Prize Draw.

6.- Criteria for determining the winners of the prize draw and communication of the results

The draw will be carried out through the use of the digital tool https://www.random.org/ which will allow the email address corresponding to the winner of the Prize Draw to be chosen at random, as well as an alternate from among the participants.

The name of the winner will be published on the Website and, if applicable, on the home page, blog and/or official profiles of the Organiser on social networks in which a link to the Website of the Prize Draw has been included.

After the draw has been carried out and the name of the winner is known, the Organiser will contact the winner, within a maximum period of fifteen (15) days from the date of the draw, via the email address indicated in the participation registration, to inform them of their status as winner of the prize draw of the participating entity or company they represent, as well as to ask them to send their acceptance and certain additional information, which will necessarily include the selection of the point of delivery of the prize.

7.- Prize and conditions of award

The Organiser has 60 days from the date of the prize draw to deliver the prize to the winner.

The images or videos in which the prize of the Sweepstakes is advertised may reflect goods or services with slightly different characteristics to those that constitute the prize awarded, without the Organiser being under any contractual or legal obligation to deliver as a prize exactly the good or service that is reflected in such images or videos.

The prize of this prize draw is personal and non-transferable in favour of the participating company or entity and under no circumstances may it be subject to change, alteration, compensation or financial payment or substitution by any other, at the request of the winner. The subsequent transfer to any third party of the parking space that is the object of the prize is not subject to regulation by these Rules and Regulations and is outside the Organiser’s sphere of responsibility.

Prior to the delivery of the prize, the Organiser will ask the winner to send a photocopy of his/her VAT number or any other legally valid document that accredits the winner’s tax identification in order to be able to give the appropriate tax treatment to the operation of free delivery of the prize. If the winner refuses to provide this information, he/she will automatically lose his/her status as a winner.

Likewise, the Organiser may not deliver the prize in the event that it discovers that there has been fraudulent conduct or a breach of any of the requirements established in these rules by the winner, thereby forfeiting the status of winner.

The Organiser undertakes to deliver the prize to the place chosen by the winner, the Organiser being responsible for the transport costs. However, if the winner has several locations where the prize can be delivered, the Organiser may decide to deliver the prize to the location closest to the winner.

After the winner accepts the prize, the Organiser will provide him/her with all the necessary information for the delivery of the prize at the selected location, which will be made available to him/her within a maximum period of forty-five (45) days following his/her acceptance of the prize.

The Organizer reserves the right to delay the delivery of the prize, in case of any eventuality beyond its control, as well as to change the prize offered for another of identical or similar value due to force majeure, always keeping the winner informed.

The Organizer will not be responsible for any damage or harm, of any nature, that the winner and/or a third party may suffer after the prize has been made available to the winner, the latter being the beneficiary of the guarantees that the Organizer offers on the product, rejecting any defect attributable to inadequate transport or assembly of the prize.

By accepting the prize, the winner expressly authorises the Organiser to take photos/videos of his/her image, alone or with the prize, and to use them for promotional purposes associated with the Organiser or any of the collaborating companies, authorising them to be disseminated, reproduced and publicised to the general public via the internet and social networks. Likewise, by accepting the prize, the winner gives his/her consent to publish his/her identification data or commercial name associated with the prize draw and identifying him/her as the winner. The transfer of these rights is free of charge and will not be subject to any time or geographical limit or limited to any specific means of dissemination, with no limitations other than those expressly imposed by law.

8.- Tax regime

The prize of this prize draw will be subject to all relevant tax provisions, according to the legislation applicable at any given time. In this regard, it is expressly stated that the awarding of the prize implies the transfer of an asset free of charge between commercial operators and subject to Value Added Tax (VAT), with the transferor and transferee being obliged to comply with their corresponding tax obligations.

The beneficiary of the prize will be responsible for the taxation of the increase in wealth resulting from obtaining the property free of charge.

The Organiser will make a withholding or payment on account at the percentage established on the cost value for the payer as the prize is in kind and not in cash and depending on the tax residence of the winner.

9.- Exemption from liability

The Organiser, as well as any of the collaborating companies or entities related to this prize draw, shall not assume any liability whatsoever for damages of any nature, which may be suffered by the participants of this prize draw and/or any third party, and which are derived from:

1.The lack of availability, maintenance, reliability or effective functioning of the Website, as well as the official website of the Organiser.

In this sense, the Organiser excludes, to the maximum extent permitted by current legislation, any liability that may arise from damages of any nature that the participant and/or any third party may suffer, which are derived from the lack of availability, continuity or malfunction of the aforementioned websites, and which may affect or prevent the participation in this Sweepstakes, its normal development or the correct transmission of the contents.

2. In general any technical malfunctions or failures arising from or related to any of the following situations that may affect the running of the Prize Draw: hardware or software errors; computer or communications failures related to telephone, cable, satellite, network, electronic component, wireless, Internet connection or other online communication failures or malfunctions; failures or malfunctions of Internet service providers, servers, hosts or providers; garbled, garbled or erroneous data transmissions; failure of email transmissions sent or received; loss, delay or interception of email transmissions; unauthorised intervention (human or otherwise) in the conduct of the Prize Draw, including, without limitation, unauthorised tampering, hacking, theft, viruses, bugs or worms; or the destruction of any aspect of the Prize Draw, or the loss, miscalculation, misdirection, inaccessibility or inability to access an email account used in connection with the Prize Draw.

3. Of the opinions expressed, nor of the information transmitted by the participants in this Sweepstakes.

4. Of any use that, in general, may be made by the participant and/or a third party of the contents made available to the public through the Website or profiles on the Organiser’s social networks, which are contrary to good faith, morality, public order, good customs, or the provisions established in the regulations in force on the matter.

10.- Intellectual and industrial property

Entrants acknowledge and agree that any trademarks, trade names, logos, content, copyrights and other material subject to intellectual and/or industrial property rights, included in or mentioned in the Sweepstakes, are the exclusive property of the Organiser or the collaborating companies or manufacturers of the products, including Trina Solar, and their participation in the Sweepstakes does not grant either the winner or the other participating entities or companies any rights to such rights. Participants shall refrain from any activity or action that may be considered risky or dangerous to such intellectual and/or industrial property rights.

11.- Data protection

In accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December 2018 on the Protection of Personal Data and guarantee of digital rights (LOPDGDD), we inform that personal data will be processed by:

– The Organiser, SUNFER ESTRUCTURAS, S.L.U. with registered office in Albalat de la Ribera (Valencia), Camino de la Dula s/n. You can contact info@sunferenergy.com

– The Partner TRINA SOLAR (Schweiz) AG, established in Birkenweg 4, 8304 Wallisellen. You can contact europe@trinasolar.com

Purpose of data processing and storage period:

The data provided by participants is collected for the following purposes:

• To manage the participation in the draw, including the receipt of electronic communications relating to the development of the Draw.
• In the event of being a winner, contact to notify the result and the corresponding prize, verify that the prize has been obtained in a lawful manner, that the participation complies with the rules and send the prize acceptance document to be completed.
• Processing of the winners’ personal data via the Internet and social networks for promotional purposes and to identify them as winners of the prize draw.
• In the event that the participant has ticked the corresponding box for this purpose, to send commercial and advertising information about the products distributed by the Organiser, by post, email, SMS or any other equivalent means of electronic communication.
• In the event that the participant has ticked the corresponding box for this purpose, to send commercial and advertising information about the products distributed by third party companies associated with the Organiser, by post, e-mail, SMS or any other equivalent means of electronic communication.
• Use them for any other purpose required or permitted by the applicable legislation or for which the participant has given his/her consent.

In any case, we inform that such data will not be used for profiling, nor for making automated decisions based on profiles.

Addressees:

The data will not be disclosed to third parties without your consent, except to those collaborators in the Promotion such as TRINA SOLAR who provide a service related to this draw and who in any case will process the data on behalf of and in the name of those responsible for the processing. Likewise, the data may be communicated to those companies collaborating in the prize draw for the sole purpose of adequately managing the development and execution of the prize draw. In addition, the data will be transferred in cases where there is a legal obligation or requirement to do so, communicating them only to the competent bodies and/or authorities.

Retention period:

The personal data provided will be retained for the period necessary for the fulfilment of the purposes described, as well as, where appropriate, contractual obligations and the claiming of the relevant legal responsibilities. Once the aforementioned period has elapsed, they will be deleted.

Legitimation:

The Controllers may process your personal data based on any of the following legal bases: (A) as necessary for the satisfaction of legitimate interests pursued by the Controllers; (B) where you have given your consent, for example in the acceptance of the legal bases of the Sweepstakes and/or the sending of commercial and advertising information; (C) as necessary to comply with the legal and regulatory obligations of the Controllers; and (D) as necessary for the fulfilment and performance of the relationship between the participant and the Controllers.

Rights:

Participants have the right to access their personal data being processed, as well as to request the rectification of inaccurate data or, where appropriate, to request their deletion when the data are no longer necessary for the purposes for which they were collected, as well as to exercise the right to oppose and limit the processing and data portability.

They may exercise these rights by writing to the Head of SUNFER ESTRUCTURAS, S.L.U. electronically through info@sunferenergy.com. In the event that satisfaction has not been obtained in the exercise of the rights may file a complaint with the Spanish Data Protection Agency (www.aepd.es).

12.- Modification of these Rules

The Organiser reserves the right to totally or partially modify these rules, including, modifying or eliminating clauses, without assuming any responsibility for such modifications, provided that there is justified cause or force majeure, undertaking to communicate the new rules and conditions of participation sufficiently in advance. Any change or modification in the duration of the Sweepstakes will have the same degree of publicity as the present rules, being the same available on the same site where the initial rules were published.

13.- Applicable Law and Jurisdiction

These rules are governed by Spanish law. Any litigation, discrepancy, question or claim resulting from the execution or interpretation of these rules will be resolved by the Courts and Tribunals of Valencia, waiving any other jurisdiction that may correspond to the PARTICIPANTS.