Legal bases in the “2018 More Than Words” initiative (“Bases”)


  1. Organiser

FUNDACIÓN REPSOL (‘Organiser’), as an expression of the Repsol Group's corporate social responsibility, specifically its commitment to the sustained improvement of the communities in which it develops its industrial and corporate activities; intends to carry out the ‘2018 More than words’ initiative (‘MTW’). It will take place in accordance with these Terms and Conditions, and will be published on the following website: https://www.masquepalabras.com.es/es.

Participation in this initiative implies compliance and full agreement with these Terms and Conditions.

The initiative will be carried out in collaboration with FUNDACIÓN LEALTAD 1, as well as the Repsol heads of the departments involved in the initiative, who will promote this initiative in a variety of ways.

  1. Objective

With the ‘2018 More than words’ initiative (hereinafter also ‘MTW’), we want to promote social dialogue with the following stakeholders: employees, shareholders, and distributors from Repsol Group, as well as society in general (‘Participants’). A unique platform was created for this purpose, serving as channel for Participants to send us social Projects developed by other organisations that they are especially involved with; under these Terms and Conditions (‘Projects’), as well as, in the case of solidarity MTWs, support Projects that FUNDACIÓN REPSOL is already collaborating.

The purpose of this document is to support and promote the Projects that best represent the values promoted by FUNDACIÓN REPSOL, such as solidarity, integration, and protection of vulnerable groups anywhere in the world. With the “2018 More than words” initiative, FUNDACIÓN REPSOL will support projects aimed at promoting the improvement of the quality of life of vulnerable groups, promoting social integration, and addressing the needs of marginalised groups, or those at risk of exclusion.

  1. Conditions and requirements for participation

3.1. Participants

The following groups are eligible to participate in the ‘2018 More than words’ initiative:

  • MTW EMPLOYEES : Projects may be presented by the employees of any Repsol Group company, in any country in the world (‘Repsol’), with an employment contract valid until the end of 2018. Contractor staff and trainees are excluded from participating.
  • MTW SHAREHOLDERS : Projects may be presented by the shareholders of Repsol and of La Pampilla Refinery SAA (RELAPASAA).
  • MTW DISTRIBUTORS : Projects may be presented by Repsol distributors for the following businesses: Brand Service Stations (Brand Network), RLESA (Lubricant Distributors), Direct Sales and International Aviation (Sales Distributors) and LPG (Agencies and Official Services).
  • MTW SOLIDARITY: The general public can participate in the ‘ 2018 More than words’ initiative by supporting one or several of the following Projects developed by FUNDACIÓN REPSOL. They can do so individually or in collaboration with other entities, to promote the improvement of the quality of life of vulnerable groups, promote social integration, and address the needs of specific groups:
  1. Project ‘Here Too’, developed by FUNDACIÓN REPSOL along with Ayuda en Acción, aims to promote opportunities for school pupils at risk of social exclusion.
  2. DTI. Fundación Repsol and the DTI (Donation Transplantation Institute) are working on a training programme for health professionals, and raising social awareness about the organ donation and transplants in Trinidad and Tobago.
  3. ABAO. Fundación Repsol collaborates with ABAO (Bilbao Association of Friends of the Opera) through a programme that brings opera to patients at the University Hospital of Cruces-Gurutzeta.

For each click on the indicated website, FUNDACIÓN REPSOL will donate €1 to the selected Project(s), up to a total of ten thousand euros (€10,000).

Each MTW employee, shareholder, and distributor may present up to a maximum of five (5) Projects.

The Projects presented must have been developed by a non-profit organisation legally registered as an association or a foundation that meets the following requirements:

  • Being duly constituted and listed on the appropriate register in Spain or equivalent bodies in other countries.
  • Having been in operation for at least one full business year, with available annual accounts. Foundations must have registered annual accounts and activities reports in the Foundations Register. Associations classified as being of public interest must have registered annual accounts and activity reports on the corresponding register.

Applications concerning Projects developed by corporate foundations and associations, by business schools and/or universities, private individuals, savings banks’ social Projects, or government bodies are expressly excluded from the programme.

Organisations that, having been selected in previous editions, failed to submit the respective final report are excluded from the selection process.

The Participants will act as representatives of the Project presented, and as the link between FUNDACIÓN REPSOL and the beneficiaries. As a result, during the course of the initiative, you may have direct contact with FUNDACIÓN REPSOL through interviews, reports, videos, photos, etc., to promote the ‘2018 More than words’ initiative and/or Project presented.

3.2. Characteristics of the applications:

The submission of applications must be made through the form included in the website https://www.masquepalabras.com.es/es . Under no circumstances will applications be accepted if submitted by any means other than the form in the aforementioned website.

In the case of RELAPASAA shareholders, the application form must be downloaded from https://www.repsol.pe/es/la-pampilla/index.cshtml , filled in correctly, and sent by email to inversoresrelapasa@repsol.com.

For a Project to be selected, the form must be entirely filled in. It may also be accompanied by an additional explanatory report, including complete and sufficient information for the assessment of the following aspects:

  • Identification of objectives
  • Description of activities, phases, and the implementation schedule
  • Identification of beneficiaries
  • A detailed and itemised budget
  • Sufficient information to enable evaluation of the Project’s technical, financial, and management feasibility
  • Establishment of measurable evaluation indicators and criteria
  • If the Project has received any type of pre-financing, it will be necessary to document the contributions to the Project made by other contributing organisations

Applications may be submitted for Projects that are already under way, although the part of the Project for which financing is requested by participation in the ‘2018 More than words’ initiative must be implemented from October 2018, and have a maximum implementation period of one calendar year, i.e. until October 2019.

Applications may be submitted in one of the following languages: Spanish, English or Portuguese.

The documents accompanying the application must be accessible and presented in Word or PDF format.

Only applications regarding specific and concrete Projects that meet the aforementioned criteria will be accepted.

Applications that fail to meet the basic requirements set out above will not be accepted.

In case of non-acceptance of an application, the documentation submitted will not be returned by the Organiser.

The Organiser assumes no contractual obligation or commitment of any kind in regard to the applicants arising from their participation in this ‘2018 More than words’ initiative, from the drafting and submittal of the application, from the evaluation of the application, and/or from the selection of finalists.

3.3. Costs

Participation in the MTW initiative is free of charge, and therefore there is no payment of fees or additional amounts required to obtain the prize awarded by it; with the exception of any expenses, charges and/or taxes applicable to the winners, in accordance with these Terms and Conditions.

  1. Submission period for participation in MTW

The submission period for participation in the MTW initiative will be as follows:

  • MTW EMPLOYEES : the period will start on 20th March, 2018 at 9:00 (GMT+1) and end on 20th September, 2018 at 14:00 (GMT+2).
  • MTW SHAREHOLDERS : the period will start on 20th March 2018 at 9:00 (GMT+1) and end on 27th June, 2018 at 14:00 (GMT+2).
  • MTW DISTRIBUTORS : the period will start on 20th March, 2018 at 9:00 (GMT+1) and end on 20th September, 2018 at 14:00 (GMT+2).
  • MTW SOLIDARITY : the period will start on 20th March, 2018 at 9:00 (GMT+1) and end on 20th September, 2018 at 14:00 (GMT+2).

Applications submitted outside of the indicated periods will not be taken into consideration.

The Organiser reserves the right to extend these periods, which would be disclosed in a timely manner through the communication channels established for the initiative; making this amendment as visible as these Terms and Conditions.

  1. Project evaluation process:

5.1 The Project evaluation process will be carried out in the following stages:

PHASE 1: Submission and reception of applications/clicks. This phase will be carried out during the periods indicated above in section 4 of these Terms and Conditions.

PHASE 2: Selection of winning Projects. FUNDACIÓN LEALTAD will conduct a first evaluation of the applications received, taking into consideration (i) the valuation criteria included in section 6 of these Terms and Conditions, and (ii) the requirements for presentation of applications included in these Terms and Conditions, ensuring the quality and eligibility of those applications in both cases.

For the final selection of winning Projects, a multidisciplinary jury has been assembled for each category of Participants, composed of members of the Social Action and Volunteering Area of FUNDACIÓN REPSOL, as well as members of the respective departments of Repsol, as specified below in section 5.2 (‘Jury’).

The Jury will determine the winning Projects by a simple majority, based on the evaluations received from Fundación Lealtad.

The Jury’s decision will be made public on the website https://www.masquepalabras.com.es/es, as well as any other channels the Organiser considers appropriate, with prior written notification sent to the email address provided in the application form, to the Participant (employee, shareholder or distributor) who submitted the application for the winning Project.

PHASE 3: Awards ceremony The Organiser reserves the right to host a special event, during which the various prizes can be awarded.

The ‘2018 More than words’ initiative, or any of the categories set out in these Terms and Conditions, may be declared void if, at the Jury’s discretion, the submissions received fail to meet the necessary quality criteria to win the prize.

5.2 For each category of Participants:

  • MTW EMPLOYEES

For the final selection of winning Projects, a multidisciplinary jury has been assembled, composed of heads of the Repsol departments involved and members of the Social and Volunteering Area of FUNDACIÓN REPSOL.

A total of twenty-four (24) Projects will be selected, distributed by country as follows:

Distribution by country*

Bolivia

2

Brazil

3

Ecuador

3

Spain

6

Peru

3

Portugal

3

USA/Canada

2

Other countries

2

* The distribution by country takes employee location into account, not the Project location, which may be anywhere in the world.

  • 'MORE THAN WORDS' SHAREHOLDERS

For the final selection of winning Projects, a multidisciplinary jury has been assembled, composed of heads of Repsol’s Shareholder Relations Area and Relapasaa’s Investor Relations Area, and members of the Social and Volunteering Area of FUNDACIÓN REPSOL.

A total of three (3) Projects will be selected.

Distribution

Repsol Shareholders

2

Relapasaa Shareholders

1

  • 'MORE THAN WORDS' DISTRIBUTORS

For the final selection of winning Projects, a multidisciplinary jury has been assembled, composed of managers from Repsol’s Distributor Relations Area (from the areas indicated in section 3.1 of these Terms and Conditions), and members of the Social Action and Volunteering Area of FUNDACIÓN REPSOL.

A total of twenty-four (4) Projects will be selected, distributed by business, as follows:

Distribution by business

Brand Network

1

LPG

1

Direct Sales & Civil Aviation

1

RLESA

1

  1. Project evaluation criteria

For the selection of the winning Projects, the juries will evaluate the applications based on the following criteria:

  • Social timeliness of the Project and suitability to the needs of the intended group of beneficiaries,
  • Support for social development and impact on the beneficiary population,
  • Technical and financial feasibility,
  • Involvement and/or relationship of the Participant(s) presenting the proposal with the developers and their Project,
  • Territorial scope, giving preference to initiatives developed in places where Repsol is present,
  • Visibility, ensuring that the initiative is a reference point for other organisations and/or society in general.

Additionally, the juries will give favourable consideration to Projects from organisations:

  • Classified to be of public interest, in the case of organisations in Spain; or with a similar status in other countries where they have registered offices;
  • That conduct external audits of accounts, where this isn’t a legal requirement;
  • That have been certified with the NGO credential stamp from FUNDACIÓN LEALTAD for organisations in Spain, or certified with stamps for transparency and best practices in other countries where they have registered offices.
  1. Prize

The prize for each winning Project presented by employees, shareholders, or distributors will consist of a financial contribution of ten thousand euros (€10,000) (‘Prize’); transferred to the account of the beneficiary organisation responsible for developing the winning Project.

FUNDACIÓN REPSOL reserves the right to amend the distribution of Projects by country and by business of one or more initiatives (MTW employees, MTW shareholders, MTW distributors); or select fewer Projects than those indicated if, at the Jury advises to do so, according to the quality of the Projects received so advises. In this case, the Jury will decide on the issue.

The winning organisations must earmark the amount received solely and exclusively for the implementation and development of the winning Projects.

In accordance with current legislation on the prevention of money laundering, as set out in Law 10/2010 and its regulatory development in force at each moment, FUNDACIÓN REPSOL, as a party obligated to comply with said legislation, will comply with its obligations regarding the identification and verification of the economic activity of the winning organisations.

In order to receive the Prize, the winning organisations must provide Fundación Repsol: with the following documentation:

  • Certificate of registration in the corresponding register or equivalent document, certifying the legal and non-profit status of the winning organisation and, where appropriate, their registration in accordance with regulations currently in force in their country.
  • Annual accounts including at least the balance sheet, profit-and-loss account, and financial report for the most recent full business year. Foundations and associations classified as being of public interest must also provide the certificate of deposit of the accounts or, where applicable, the presentation of accounts in the respective register. Religious associations and organisations must provide the certificate of approval of annual accounts from the Governing Body.
  • Completed and duly signed affidavit (according to the model provided by FUNDACIÓN REPSOL), certifying that the organisation is not involved in any legal proceedings or irregular activities, as well as confirmation of understanding and acceptance of the FUNDACIÓN REPSOL Supplier Code of Ethics and Business Conduct.
  • Copy of the credentials of the persons with power of representation for the organisation.
  • Current list of members of their Governing Body.
  • Details of the bank account to which the Prize amount is to be transferred. This bank account must be in the name of the beneficiary organisation and cannot, under any circumstances, be in the name of a natural person or located in a territory considered a tax haven or a zero-tax territory; in accordance with the list provided in Royal Decree 1080/1991 of 5th July, and the amendments and criteria included in the First Additional Provision to Law 36/2006 and in the Directorate-General for Taxation resolution of 23rd December, 2014.

FUNDACIÓN REPSOL may also require the following additional documents:

  • Activity report for the most recent full business year.
  • Tax and social security contribution clearance certificate.
  • Current list of members of their Governing Body.
  • High-quality photos to illustrate the Project, and a rights assignment document for the persons who appear in the images provided. An assignment document will be required for each person who appears in the images; or by legal guardians of minors and/or persons with disabilities.
  • Signature of the respective collaboration agreement, according to the model provided by FUNDACIÓN REPSOL.
  • Being up-to-date with all accounting obligations, as well as with all tax and social security contributions.

This documentation must be provided within a period of twenty (20) calendar days from the moment it is requested by FUNDACIÓN REPSOL. If the aforementioned documentation is not provided within that period, is incomplete or shows that the organisation does not comply with the requirements established in these Terms and Condition, FUNDACIÓN REPSOL reserves the right to withdraw the Prize from the organisation, and select a different winner from the finalists assessed by the Jury.

  1. Taxation of Prizes

Any tax liabilities derived from the Projects selected will be the responsibility of each party, in accordance with applicable tax legislation.

  1. Development of winning Projects

FUNDACIÓN REPSOL may ask the organisations selected to provide information justifying the development of the Project.

Regarding the justification of the amounts awarded by FUNDACIÓN REPSOL, the winning organisations will submit to FUNDACIÓN REPSOL, upon completion of the Project, a final report with the financial schedule and activities developed as a result of the Prize awarded by FUNDACIÓN REPSOL. This must conform to the budget and activities described by the organisation in the Project presentation form.

FUNDACIÓN REPSOL and FUNDACIÓN LEALTAD may request additional information from the organisations to confirm and document appropriate use of the resources contributed by the Prize to the winning Project. In the event that the documentation requested is not provided, FUNDACIÓN REPSOL reserves the right to request the reimbursement of the Prize.

  1. Guarantees

By submitting applications for this initiative, the Participants guarantee that:

  1. The Projects presented are original to that organisation and/or that they have discretionary usage rights for any ideas, texts, images, or any other element included in their application. The Participants will bear full responsibility for the possible infringement of any third-party rights, exempting FUNDACIÓN REPSOL and collaborating organisations from any liability in this regard. Before participating in the initiative, Participants must therefore secure all image rights and authorisations required for processing the data of the persons involved and, where applicable, the usage of third-party rights.
  2. The information provided contains no confidential or secret information about the Participants and/or of third parties.
  3. They are within their full legal capacity to act and take part in the initiative and that their participation does infringe upon any rule or regulation.
  4. FUNDACIÓN REPSOL will not be held liable for any damage, losses, costs, expenses, claims, sanctions, or other, as a result of the presentation of the applications.

  1. Data Protection.

In compliance with the provisions of Spanish standards on personal data protection, basic information on how we will process your personal data as a result of your participation in the ‘More than words’ program is provided below:

  • Data controller: Fundación Repsol, with registered office at Calle Acanto 22, 28045, Madrid
  • Data processed: Those provided by the Participant in the initiative according to the category selected or at any moment over the course of the process of evaluation of the various Project applications, whether in the form of information provided or documentation submitted.
  • Purpose: To manage your participation in the ‘2018 More than words’ programme, and carry out the management activities required for the development of the initiative that is the subject of these Terms and Conditions.
  • Lawful basis for processing: The execution of your application for participation in the ‘2018 More than words’ programme is the lawful basis for this processing.
  • Data recipients: Your information will only be shared with organisations that need it to ensure the proper management of the call for submissions and evaluation of the applicants' Projects, in accordance with these Terms and Conditions. Specifically, with third parties to whom we are legally obliged to disclose your data, and third parties who provide services to the data controller in connection with the 2018 ‘More than words’ program..
  • Your rights: The Participant will hold all rights of access, rectification, objection, erasure, restriction of processing, portability, and withdrawal of consent. You can learn about these rights in greater detail in the expanded information made available in the Privacy Policy at www.fundacionrepsol.com. These rights may be exercised by emailing mqp@fundacionrepsol.com.

You may also lodge a complaint with the control authority at any time.

  • Duration of data processing: The data of participants in the various calls for submissions will be subject to processing for as long as the call for submissions is active and, after its conclusion; and until the statute of limitations for criminal, civil, and/or administrative liability has passed. Additional information: You can learn about how we use your data in greater detail by consulting the Privacy Policy available at www.fundacionrepsol.com .
  1. Liability waiver and reservation of rights

The Participants agree not to use any content for the initiative that is unlawful, obscene, pornographic, abusive, defamatory, slanderous, racist or otherwise contrary to morals or public order, publicity nor any content that may be offensive and/or harmful FUNDACIÓN REPSOL, as well as any natural or legal third-party persons, and/or may infringe upon or otherwise violate their rights.

The Participants also agree not to insert any type of computer virus, corrupt files which could damage or adversely affect contents, programmes or information systems.

In the event of non-compliance with these provisions, FUNDACIÓN REPSOL may immediately suspend their participation and, where applicable, remove the supposedly unlawful contents without giving rise to any type of claim in favour of the Participant.

Similarly, FUNDACIÓN REPSOL reserves the right to withdraw, prevent the participation or even remove the prize awarded to any Participants who (i) misuse the means put at this disposal to participate in the initiative; (ii) impede its normal development; (iii) perform any actions that are fraudulent or harmful to other Participant, or that infringe upon the transparency of the initiative; or (iv) directly or indirectly benefit from this type of fraudulent action.

FUNDACIÓN REPSOL reserves the right to not award the Prize if there are reasonable grounds to believe that a Participant has infringed upon any of these terms and conditions.

FUNDACIÓN REPSOL may take action as indicated in the previous paragraphs, at its own discretion or at the urging of affected third parties.

The above is without prejudice to the right of FUNDACIÓN REPSOL to pursue all civil or criminal proceedings that may be applicable.

In the event that the ‘2018 More than words’ initiative cannot be held, whether due to fraud, technical errors, or any other reason outside the control of FUNDACIÓN REPSOL which negatively affects the normal development of the initiative: it reserves the right to cancel, alter, or suspend it, without being liable for any claims made by the Participants.

FUNDACIÓN REPSOL will not be liable for potential deficiencies, delays or any other circumstance attributable to third parties which may negatively affect participation over the Internet, including potential deficiencies or failures in the telecommunication lines or the malfunction of the websites that may be involved in this initiative due to circumstances outside the control of FUNDACIÓN REPSOL.

FUNDACIÓN REPSOL reserves the right to amend the Terms and Conditions, and even make them void at any moment before the initiative’s end date; provided that there is good cause, agreeing to give sufficient notice of the new terms and conditions for participation in the event, or of their definitive cancellation. FUNDACIÓN REPSOL reserves the right to make changes to the initiative; provided they do not negatively affect the Participants and that they are duly notified of those changes.

  1. Disputes

This initiative is subject to current Spanish law. Any controversy or claim arising from, or related to the interpretation and/or applicability of these terms and conditions will be submitted to the Jury. No claims made by Participants will be admitted after fifteen (15) days from the announcement of the winning Projects. Any dispute arising in connection to this initiative will be subject to the jurisdiction of the Courts and Tribunals of the city of Madrid.

  1. Agreement with the Terms and Conditions

These terms and conditions are registered before the Madrid Notary, Mr.Jaime Recarte Casanova. They will also be collected and made available to the public in the website https://www.masquepalabras.com.es/es . Agreement with these Terms and Conditions is a required condition for participation in ‘2018 More than words’.

Participation in the ‘2018 More than words’ initiative implies full agreement with these Terms and Conditions, and decisions made by the Organiser. Therefore, any expression of non-agreement by the participant will imply exclusion from the initiative.

Similarly, participation implies acceptance of FUNDACIÓN REPSOL's criteria for the resolution of any disputes that may arise from interpretation of the Terms and Conditions.

The Terms and Conditions will be available to anyone who wishes to read them on the website https://www.masquepalabras.com.es/es

  1. Appendices
  1. Form for the submission of proposals on website https://www.masquepalabras.com.es/es and https://www.repsol.pe/es/la-pampilla/index.cshtml

APPENDIX I Application

‘2018 More than words’ Project application

Participant details

Company name (for distributors)

Company code (for distributors)

Tax ID (for distributors)

Full name of the contact person

Email

Country where your job site is located (for employees and distributors)

Business unit that you work for (for employees and distributors)

Details of the organisation developing the Project

Organisation developing the Project

Website of the organisation developing the Project

Incorporation date

Contact person/email

Legal structure (association, foundation, etc.)

General description of the organisation

General budget of the organisation

Project details

Project n

Project goals

Project description

Country of destination of the Project

Region, city or place of destination of the Project (Relapasaa shareholders)

Target Audience

Number of direct and indirect beneficiaries

Description of the beneficiaries’ profile and their selection criteria

Project budget Explain what items the 10,000 euros prize will be spent on.

Relationship with the Project (include a brief description, explaining why you support the Project)

Optional Project information

It is possible to attach an additional report with a maximum size of 15MB, including additional Project information, detailed budget, previous Project history, photos, etc.


1 Fundación Lealtad is a non-profit organisation whose mission is to promote public trust in NGOs to secure an increase in donations, as well as any other type of collaboration. It was the first organisation to develop a methodology for analysing the transparency and best management practices of Spanish NGOs. Fundación Lealtad grants the Accredited NGO Stamp to analysed organisations who comply with the 9 Principles of Transparency and Best Practices. This way, it provides private and institutional donors with independent, objective and consistent information about the NGOs to help them decide which to collaborate with and guide them in the monitoring of their donations.