Participation in the Draw is totally free, without existing any cost or additional charge associated to the participation in it.
With the aim to guarantee the independence of the Draw, and the transparency of the celebration of it, the managing personnel, employees of the Organizer, as well as any collaborator and/or direct or indirect subcontractor that could have taken part in the development of the Draw, or any of the current or existing elements, or in the celebration of the same, as well as any relative until the second degree of kinship, are not able to participate in the Draw and, in the event in which they had participated, are equally not permitted to be chosen as winners.
People that does not meet any of or all the requirements are not permitted to participate. If any of the people that does not meet the criteria is chosen as winner will be excluded from the Draw and will lose the right to receive the prize.
Organizer reserves the right to admit or expulse any contestant that block or difficult in any way the good development of the Draw, and/or in any case take actions considered as abusive, contrary to the good faith, and the independence, impartiality, and objectivity principles of the result of the Draw.
Participation in the Draw implies the acceptance of each and all of the conditions provided by the current Bases, and the corresponding declaration of winners, when it ends.
4. DRAW DEVELOPMENT.
4.1. PARTICIPATION IN THE DRAW.
Every contestant willing to participate* in the Draw must follow the process that will be announced by Organizer via Instagram.
4.2. REQUIREMENTS TO PARTICIPATE.
Without prejudice to the limitations settle for the participation in the present Draw, if the Organizer detects or achieves enough signs, independently of the means seized, that a person has participated in the Draw impersonating someone, as they were different users, or breaching any rule from the current ones, the contestant will be automatically eliminated and disqualified.
5. WINNERS ELECTION.
Once the term expressly established in the current Bases has concluded, a Draw shall be initiated in order to obtain the name of the winners among all the contestants that met the requirements expressly established, and that has fulfilled correctly the form (hereinafter, the “Winner User”).
In any case, only those contestants that fulfilled all the requirements established in the current Bases shall participate in the selection of the Winner User.
The winner will be elected and announced on 16th February of 2021, according to the proceeding and announced criteria established in the current Draw Bases. Winner will be announced via Instagram and, after that, Organizer will comunícate this to the Winner User via email or private message. Organizer reserves the right to elect and/or communicate the Winnner User if it deems necessary because of internarl organization.
Organizer will give the prize to the Winner User during a term of three (3) months after the communication date by email.
In the event the Winner User does not answer to the previous communication within the next 48 hours from the notification, or if the Winner User refuses the prize, the Organizer will considered that the Winner User rejects the prize, and consequently a new random election is to be performed in order to choose another Winner User. In the event the new classified does not answer within a new term of 48 hours from the communication of the prize, the Organizer reserves the right to decide what to do with it, being able even to not award the prize.
Organizer will inform the Winner of the terms of delivery of the prize and all the details in this regard.
In any event, the Organizer will not be responsible in case any of the personal data provided by the Winner User appears to be false or incorrect in order to identify or notify the prize, and therefore appears not to be able to identify or notify the award.
6. PRIZE DESCRIPTION.
The prize for the Winner User is:
7. TAX DUTIES.
To the prizes of the present Draw any tax laws or relevant rules shall be applied, pursuant to Spanish legislation.
8. DATA PROTECTION. INFORMED CONSENT.
8.1. PARTICIPATION IN THE PROMOTION.
By participating in this Promotion, the data subject accepts that the Organiser will process his/her data for the following purposes:
8.2. OBLIGATION TO PROVIDE THE DATA.
The data requested is necessary (unless otherwise specified in the required field) in order to fulfil the established purposes.
Therefore, if they are not provided or are not provided correctly, it will not be possible to participate in this Promotion.
8.3. LEGITIMACY OF THE PROCESSING.
The processing of the Participant's data is based on the consent that is requested of him/her and which he/she may withdraw at any time. Nevertheless, in the event of withdrawing his/her consent, this will not affect the lawfulness of the processing carried out previously.
8.4. COMMUNICATION OF DATA.
By accepting these Terms and Conditions, and unless otherwise indicated, the data subject gives his or her consent for his or her personal data, specifically the name, surname and image, to be included in the list of winners that may be published on the Organiser's social networks.
Also, if authorized, the data of the Participant may be communicated to the following entities:
8.5. PARTICIPANT'S RESPONSIBILITY.
The Participant guarantees that the data provided, where applicable, are true, exact, complete and up-to-date, and is responsible for any direct or indirect loss or damage that may be caused as a result of non-compliance with this obligation. In the event that the data provided, where appropriate, belong to a third party, the Participant guarantees that he/she has informed the said third party of the aspects contained in these Terms and Conditions and obtained their authorisation to provide their data to the Organiser for the purposes indicated.
8.6. RIGHTS OF THE PARTICIPANT.
The Participant has the right to:
9. GUARANTEES AND LIABILITY.
The Organizer, as well as any other company related to the Draw, will not be liable of possible loss, damages, harm, delay, or any other circumstance attributable to third parties or Internet, that may affect the participation in the Draw.
Additionally, the Organizer does not guarantee the availability, continuity, nor infallibility of the functioning of Internet platform seized for the development of the Draw, and consequently excludes, in the maximum allowed measure, any liability by harm or prejudice of any nature produced by the lack of availability, continuity, nor infallibility of the mentioned platform, that may affect or block the participation in the current Draw or its normal development.
In the event the lack of availability of the platform in which is developed the Draw affects more than the 25% of the term expressly provided for the development of the Draw, the Organizer reserves the right to cancel and repeat the Draw, being able in that event to avoid all the participations remitted until that date, that will be conserved for the following Draw.
Even when the Organizer is engaged to comply with duly diligence its obligations as Organizer, gathered in the current Bases, it must not be liable: for the inappropriate use of the Internet platform by the contestants; for mistakes in the contents and data provided by those nor for the failed access attempts to the platform related to the Draw, or its information, neither for the mistakes or technical failures that may occur when processing the participations, and of any harms or damages that could suffer the Winner User due to the participation in the current Draw or due to the use of the Prize, but only for its liability related to its own products before the consumers and users.
In any event, if it is detected that de the Winner User has incurred in fraud or dishonesty, the Organizer reserves its right to exclude him/her or not to award the Prize. Additionally, the Organizer reserves its right to delete from the register any contestant from which is suspected an irregular performance, without prior notification.
Any abusive or fraudulent use of the current Bases by the contestants will produce automatically the resignation of those.
The participation in the Draw implies that the contestant has read and accepted the present disclaimer clause and the Bases that govern the Draw.
10. MODIFICATION OR ANNULATION.
In any case, the Organizer reserves the right to modify in any moment the conditions or Bases of the present Draw, without prejudice of the appropriate announcement by any means used for the celebration of the same, without assuming any liability for the modification, or for any force majeure or circumstances not controlled by the Organizer, engaging itself to communicate with enough advance the new Bases and participation criteria.
Likewise, and as long as it exists a justified and duly motivated cause, the Organizer reserves its right to cancel the Draw. In that event, and so long as that the term expressly provided in the current rule has not ended, the Organizer does not commit to the award of the Prize expressly indicated.
In the event that the celebration period of the Draw has ended, being the cancellation posterior to the end, the Organizer commits to the award of the Prize expressly indicated according the provided Bases. However, this does not apply when the cancellation of the Draw is due to force majeure or circumstances beyond the control of the Organizer, and it is not obliged to award the Prize.
The Organizer reserves the right to make changes that result in the successful end of the Draw when there is a fair cause or reasons of force majeure that prevent it from being completed in the manner in which these Bases are collected. The Organizer reserves the right to postpone or extend the period of participation of the Draw.
The Organizer reserves the right to cancel, suspend and/or modify this Draw, to change or vary any condition or requirement thereof and/or these Bases, as well as to replace the Prize or any part thereof for a different prize. In all cases cited previously users would be informed through the mentioned websites or social networking pages.
11. SAFEGUARD CLAUSE.
All clauses or extremes of the present Bases must be interpreted independently and autonomously, not being affected the rest of stipulations in case one of them is declared null by a final judicial sentence.
The Organizer will replace the clause or clauses affected by another or others that have the effects corresponding to the purposes pursued by the parties in the present Bases.
12. AUTHORIZATION FOR THE TRANSFER OF IMAGE RIGHTS.
If deemed necessary, Organizer will carry out the organization of an EVENT, in order to present and give the prize to the winner/s through different activities, parties and/ or celebrations (jointly referred to as the “EVENT”). Date and location will be determined by Organizer where and when it deems convenient, with the aim of promoting the “Hawkers” BRAND and the Draw. The EVENT will have the presence of different INFLUENCERS and guests. This EVENT will serve to produce promotional photographic and videographic material for the Organizer.
Winner authorizes and accepts (“Authorizer”) to participate in the recording of videos, photos, live broadcasts, publications on social networks, among many others, made by the Organizer during said EVENT, for the promotion of the BRAND. This material could be publicized by Organizer in any manner and channel or social. Media without term or territory limitations.
The Authorizer consents, free of charge, to the capture and fixation of the image, voice and name. The object of the present authorization expressly includes the transfer of the patrimonial content of the right to one’s own image, without temporal or spatial limitation, for exploitation by any means and in any form, known or unknown, including the advertising and/or promotional use of the recording in which said image is incorporated, as well as its exhibition in any means and/or support, including, but not limited to, communication campaigns in the media, videos, as well as the processing of the images to, in some cases, incorporate them to other audiovisual materials related to the campaign. By way of illustration, but not limitation, audiovisual content may be published through different social network profiles linked to HAWKERS (e.g. Twitter, Facebook and Instagram), on video-on-demand platforms (e.g. YouTube) or on websites managed by or linked to HAWKERS. The image rights may also be transferred to the HAWKERS group entities, both national and foreign. The image rights granted by the Authorizers may be assigned to entities of the HAWKERS group of companies, both domestic and foreign.
During the recording or taking of photographs and their subsequent exploitation, the Authorizer undertakes to comply with every instruction given by HAWKERS for the proper conduct of the EVENT.
13. APPLICABLE LAW AND DISPUTE RESOLUTION.
The current regulations will determine the laws that should govern and the jurisdiction that must know the relations between the Organizer and the participants of the Draw. Nevertheless, in those cases in which the current legislation provides for the possibility for the parties to submit to a specific jurisdiction, the Organizer and the participating users, expressly waiving any other jurisdiction that may correspond to them, are subject to Spanish law and to the Courts and Tribunals of Madrid Capital.