1. Organizing entity and objective of SWEEPSTAKES.
PLAY HAWKERS, S.L., with address at Elche Parque Empresarial, calle Marie Curie, 34, with CIF number B- 54754718, (hereafter, “Organizer”), makes available to participants the terms that will apply to the sweepstakes in question. (hereafter, “Sweepstakes”).2. Geographical and temporal scope of the SWEEPSTAKES
The period of participation in the Sweepstakes will begin December 16th, 2021 at 16:00, CET, and will end on December 31st, 2021 at 23:59, CET, with no new stakes being accepted as of that time.
The campaign which the Sweepstakes is part of, and, therefore, all that is set forth in these Rules, will be applicable within the dates and times indicated.
The Organizer reserves the right to suspend, postpone, cancel, or modify the duration of the Sweepstakes at any time prior to its termination, for justified causes which will be published via the same communication channels by which the Sweepstakes was announced, as well as on any social media profiles belonging to the Organizer which could be used to this effect.
In accordance with the procedure established by the Organizer, all persons who meet the requirements established in these Rules may participate in the Sweepstakes. Each participant is responsible for any costs they incur in connecting to the internet.3. Requirements for participation IN THE SWEEPSTAKES.
In order to participate in the Sweepstakes, it is necessary to meet the following requirements:
- Be a physical person.
- Be over eighteen (18) years of age.
- Be a resident of one of the countries included in the scope of the Sweepstakes. Only people who reside in one of the countries listed in the drop-down menu of the Sweepstakes participation landing page may participate in the Sweepstakes.
- Follow the procedure established by the Organizer in clause 4.2, completely and without exception.
In order to obtain Additional Stakes (see clause 4.3), the requirements are as follows:
- Meet all of the requirements listed above.
- Follow the procedure(s) established by the Organizer in clause 4.3, fully and without exception.
Participation in the Sweepstakes is completely free, and no additional cost or charge is associated, except for that referred to in the participation procedure established by the Organizer, regarding product purchase.
With the goal of ensuring the independence and transparency of the Sweepstakes, members of the directive staff, employees of the Organizer, and direct or indirect collaborators and/or subcontractors who participated in the development of the Sweepstakes, or in any of its current elements or those in existence during the Sweepstakes period, and their relatives up to the second degree, may not participate in the Sweepstakes, and, if they are to participate, they may not in any case be chosen as the winner.
Persons who do not meet each and every one of the requirements listed above may not participate in the Sweepstakes. If someone who has not met all the requirements outlined in this clause is chosen as a winner, they will be disqualified from the Sweepstakes and will lose their right to obtain the prize won.
The Organizer reserves the absolute right to request any type of identifying documentation (for example, license or passport, or bank account certificate) from the Sweepstakes Winner to accredit and ensure both their identity and their compliance with each and every one of the participation requirements expected of them. If the Winner refuses to provide said documentation or if it does not coincide with their identity, or does not meet the aforementioned requirements, the Organizer is fully empowered to reject it and not effectuate the release of the Prize.
The Organizer reserves the right to not admit or to expel as a participant any user who impedes or hinders in any way the positive development of the Sweepstakes and/or acts in ways that could be considered abusive, in bad faith, or contrary to the principles of independence, impartiality, and/or objectivity of the Sweepstakes result.
A person’s participation in the Sweepstakes indicates their acceptance of each and every one of the terms set forth in the present Rules and the corresponding declaration of the winner once the Sweepstakes comes to its end. 4. Development of SWEEPSTAKES.4.1. SWEEPSTAKES DYNAMIC
The Christmas giveaway organized by the Organizer is a Sweepstakes in which, as detailed below, those who wish to participate must sign up, and can obtain additional stakes to increase their chances of winning, through the purchase of HAWKERS brand products.
The starting prize will be one thousand (1,000) euros, which will increase as more stakes are entered into the Sweepstakes, in accordance with the table of equivalencies in clause 4.4.
With respect to the system of increase of the prize, the Organizer provides this information freely to the participants:
| 1.000 €
| 1.500 €
| 2.000 €
| 2.500 €
| 3.000 €
| 3.500 €
| 4.000 €
| 4.500 €
| 5.000 €
| 5.500 €
| 6.000 €
| 6.500 €
| 7.000 €
| 7.500 €
| 8.000 €
| 8.500 €
| 9.000 €
| 9.500 €
| 10.000 €
The first column shows the tiers of increase of the Prize and the second and third show the increasing numbers of stakes in the Sweepstakes.
The objective of the dynamic is, through the participation of stakeholders, the unlocking of different levels as the Prize increases.
Once the Sweepstakes is over, the Prize to be given to the winner will be the amount indicated in the first column that corresponds to the number of total stakes in the Sweepstakes. Here is an example to clarify:
- End of Sweepstakes: December 31st, 2021.
- Final number of stakes in accordance with the table of equivalencies set forth in clause 4.4.: 4,975 stakes.
- Tier: from 4900 to 6399 stakes.
- Corresponding prize: FOUR THOUSAND FIVE HUNDRED EUROS (€4,500)
4.2.Participation in the SWEEPSTAKES.
To participate in the Sweepstakes, users must follow the entire procedure as indicated below:
- Access the Sweepstakes landing page which will be prepared by the Organizer.
- Include the requested information in the entry form.
- Accept the sending of commercial communications by the Organizer.
- Accept the sending of personalized offers by the Organizer.
- Once correctly entered in the Sweepstakes, the Organizer will send a verification email to the participant, to verify the information they have entered in the entry form. It is imperative that the participant complete the verification of their information via the aforementioned email, as indicated by the Organizer, in order for their participation in the Sweepstakes to be valid.
- Once said information has been validated, the Organizer will send a new email with the participant’s stake number. This is when the participation will count as valid. 4.3. ADDITIONAL STAKES
The Organizer offers participants the possibility of adding additional stakes that will increase their chances of winning. To obtain these:
- They must access the Organizer’s website https://www.hawkersco.com/
- They must make a purchase of a product, entering the exact same contact and identifying information that they entered in the participation landing page. - This step is necessary in order to obtain new stakes.
- They may repeat this process as many times as they like, without limits.
- They will receive a new mail with their stake number.
The Organizer offers participants the possibility to add additional stakes that will increase their chances of winning. To obtain these:
- In the Sweepstakes landing page, they must enter a maximum of five (5) friends or acquaintances that they would like to invite to participate in the Sweepstakes.
- To do this, they must include their email addresses in the fields provided for this purpose.
- The invited participant will receive a communication via email inviting them to participate in the Sweepstakes, in accordance with the participation procedure indicated in clause 4.2.
- If the invited participant (or participants) end up effectively participating in the Sweepstakes, the participant who invited them will receive a new email with their stake number.
*The participant will receive an additional lottery number for each participant they invite, as long as this invited participant accesses and successfully enters the Sweepstakes via the email invitation. Any other form of participation will not result in additional lottery numbers for the original participant.
** In the event that the same person is invited by multiple participants and enters the Sweepstakes via these invitations (more than one), only the first successful entry will count in terms of the additional lottery numbers earned for the inviting participant. 4.4. TABLE OF EQUIVALENCIES REGARDING STAKES
The table of equivalencies regarding stakes shall be as follows:
- Sweepstakes entry: one (1) stake.
- Purchase of a product from the Hawkers website following valid and effective Sweepstakes participation: five (5) stakes per purchase (not per product purchased). That is to say, per cart. With no limit of carts purchased.
- Entry of a new invited participant: one (1) stake per invited participant that effectively enters.
The Organizer will only take into account the stakes of users who expressly comply with all requirements reflected in the present Rules.
Irrespective of the fact that limitations have not been placed on user participation, if the Organizer detects or receives sufficient indication, regardless of the channel or technical means utilized for this, that a person has participated in the Sweepstakes using someone else’s identity, as though they were two different users, or failing to comply with any other aspect of the present Rules, said perpetrating users will be automatically removed and disqualified from the Sweepstakes. 5. Selection of the WINNER.
Once the Sweepstakes period expressly established in these Rules has come to an end, the Organizer will proceed to the selection of the winner (one (1) single winner will be chosen) through a random selection platform chosen by the Organizer, from among all of the participants which fulfill the requirements expressly established in the Rules and who have completed all procedures correctly and completely.
In any event, in the Winner selection procedure, only those participants who fulfill all of the requirements expressly set forth in the present Rules, will be entered into the selection pool.
On January 4th, 2022, the winner will be selected.
Participants must access the corresponding landing page (indicated on social media), to check to see if one of their stakes was chosen as the winning number.
Additionally, the Winner will be contacted via email. The Organizer reserves the right to delay the selection and/or communication of the Winner if, due to internal organization, this is deemed appropriate.
In the event that within a period of one (1) month from when the Organizer has communicated via the aforementioned email address notifying the Winner, the Winner has not responded to accept the prize, the Organizer will leave the prize without a Winner, an action to which they reserve all rights.
In any event, the Organizer will not be responsible in the event that any of the personal information provided by the Winner turns out to be false, or, being necessary information for their identification and/or for the notification of the prize, turns out to be incorrect, and, therefore, said notification or identification cannot be carried out effectively. 6. Description of the PRIZE.
The starting prize will be one thousand (1,000) euros, and will increase incrementally as more stakes are entered, in accordance with the table of equivalencies in clause 4.4.
The final prize will depend on the number of stakes, in accordance with that which is established in the present Legal Rules.
Depending on the country to which the prize is to be delivered, the amount will be based on the exchange rate at the time of delivery. That is to say, the amount delivered will be the equivalent of the prize amount in the currency of the place of residency of the Winner. 7. Tax obligations
All pertinent tax regulations according to current Spanish Law will be applicable to the prizes of the present Sweepstakes. 8. Data protection. Informed consent.8.1. PARTICIPATION IN THE PROMOTION.
By participating in the present promotion, the stakeholder accepts that the Organizer process their data for the following purposes:
To manage their participation in the Sweepstakes, its development, the designation of the winner(s) and the delivery of the prize.
To send the participant commercial communications from the Organizer, if the Participant has authorized this by checking the corresponding box.
To communicate their data to the HAWKERS Group companies so that they may inform the participant about their products and services, if the participant has authorized this by checking the corresponding box.
To communicate their data to companies related to marketing sectors or those belonging to Adigital, as well as sectors including telecommunications, financial, entertainment, widespread consumption, automotive, energy and water, NGO, jewelry and precious gems, with the goal of allowing them to inform the participant about their products and services, if the participant has authorized this by checking the corresponding box.
To send the participant commercial communications from the Organizer via WhatsApp, if the participant has authorized this by checking the corresponding box.
To send the participant commercial information from companies in the Organizer’s Group, and other companies with which it collaborates, if the participant has authorized this by checking the corresponding box.
To send the participant personalized offers, if the participant has authorized this by checking the corresponding box.
Any other purposes expressly accepted by the Participant.
Data will be preserved for the length of time necessary to carry out the purposes for which it was collected, unless the Participant requests to withdraw or revoke their consent. 8.2. OBLIGATION TO PROVIDE DATA.
The information requested will be obligatory (unless the specific field states otherwise) in order to fulfill the established purposes.
Therefore, if such information is not provided, or is not provided correctly, the participant may not participate in the present Sweepstakes. 8.3. LEGITIMATION OF PROCESSING.
The processing of the Participant’s data is based on the consent requested of them, which can be withdrawn at any time. However, in the event that a participant withdraws their consent, this will not affect the legality of the processes carried out beforehand. 8.4. DATA COMMUNICATION.
By accepting the present Rules, and as long as not otherwise indicated, the stakeholder gives their consent to allow their personal information, specifically their name, last name, and image, to be included in the list of winners that may be published on the Organizer’s social media profiles.
Additionally, in the event that they give their authorization, the Participant’s information may be communicated to the following entities:
Banks and financial institutions.
8.5. RESPONSIBILITY OF THE PARTICIPANT.
Government Agencies as required by law.
The participant guarantees that the information provided, where applicable, is true, accurate, complete, and up-to-date, assuming responsibility for any damage or harm, direct or indirect, which could occur as a consequence of non-compliance with this obligation. In the event that the information provided, when applicable, belongs to a third party, the Participant assures that they have informed said third party of the aspects contained in these Rules, and obtained their authorization to provide their information to the Organizer for the indicated purpose. 8.6. PARTICIPANT RIGHTS.
The participant has the right to:
Revoke the consent they had previously granted.
Access their personal information.
Rectify inaccurate or incomplete information.
Request the suppression of their information when, among other motives, this information is no longer necessary for the purposes for which it was collected.
Obtain from the Organizer the limitation of the processing of their data when one of the conditions anticipated in the data protection regulation is fulfilled.
Request data portability.
Oppose the processing of their data.
Get in contact with the Organizer’s data protection officer, sending an email to the address provided above in the first clause, to the attention of “Data Protection Officer.”
Make a complaint before the Spanish Data Protection Agency, through the following url: www.agpd.es if the participant considered that the Organizer has violated their rights as recognized in the applicable data protection regulation. 9. Liabilities and Guarantees.
The Organizer, as well as any of the entities involved in this Sweepstakes, is not responsible for possible losses, damages, delays, or any other circumstance attributable to third parties or internet that may affect their participation in the present Sweepstakes.
Additionally, the Organizer does not guarantee the availability, continuity, or infallibility of the functioning of the internet platform utilized for the development of the Sweepstakes, and, as a consequence excludes, to the maximum extent permitted by current law, any responsibility for damages or harm of any kind that may be related to the lack of availability, continuity, or poor functioning of said platform, that may affect or hinder participation in the present Sweepstakes or its normal development.
In the event that the lack of availability of the platform on which the Sweepstakes is developed affects over 25% of the period expressly designated for its development, the Organizer reserves the right to cancel or repeat the Sweepstakes, having the ability, in such event, to annul all the stakes entered thus far, which will not be preserved in the following Sweepstakes.
Even when the Organizer has committed to comply with their obligations as Organizer, as expressed in these Rules, with due diligence, they will not be responsible for: poor use of the Internet platform by participating users; errors in content and data provided by said users in failed attempts to access said platform for purposes related to the Sweepstakes, or errors in their information; errors or technical failures that may occur during stake processing, or any damages or complications that the Winner may face as a result of their participation in the present Sweepstakes, or from their use of the Prize. Rather, they are only responsible before consumers and users with respect to their own products.
In any event, if it is detected that the Winner has acted fraudulently or with dishonesty, the Organizer reserves the right to exclude them or refuse to deliver the Prize. Additionally, the Organizer reserves the right to delete from the record any participating user suspected of irregular action, without the need to notify them of this.
Any abusive or fraudulent utilization of the present Rules by participating users will result in their automatic removal from the Sweepstakes.
Their participation in the Sweepstakes implies that the participant has read and accepts the present clause of exemption from responsibility, and the Rules that apply to the Sweepstakes. 10. Modification and/or annulation
In any event, the Organizer reserves the right to modify at any time the terms of the present Sweepstakes, regardless of whether this is announced through the media channels employed for its promotion, and without having to assume any responsibility for this modification, or for any cause of force majeure or circumstances outside the control of the organizing entity, obligating themselves to communicate in advance the new Rules and terms of participation.
In the same way, as long as there is a justified and duly motivated cause, the Organizer reserves the right to cancel the Sweepstakes. In such event, and as long as the period expressly established in the present rules has not ended, the Organizer is not obligated to proceed with the allocation of the expressly indicated Prize.
In the event that the Sweepstakes period has finalized, and the cancelation occurs afterwards, the Organizer is obligated to pay out the expressly indicated Prize in accordance with the established terms. However, the former will not be applicable if the cancelation of the Sweepstakes is due to force majeure or circumstances outside the control of the Organizer, who in such event would not be obligated to pay out the established Prize.
The Organizer reserves the right to effectuate changes that redound the positive outcome of the Sweepstakes when there is just cause or motives of force majeure that impede its successful completion according to the present Rules. The Organizer reserves the right to postpone or extend the period of participation in the Sweepstakes.
The Organizer reserves the right to cancel, suspend, and/or modify this Sweepstakes, to change or vary any of its terms or requirements and/or any terms or requirements of the present Rules, as well as to substitute the Prize or any part of it for a different prize. In all cited events, users will be notified in advance through the aforementioned websites or social media profiles. 11. Safeguard clause.
All the clauses or appendages of the present Rules must be interpreted independently and autonomously, without the rest of the stipulations being effected in the event that one of them is declared null through firm judicial sentencing.
The Organizer will substitute the clause or clauses affected with a different or different ones that have the corresponding effects for the purposes sought by the parties in the present Rules. 12. AUTHROIZATION OF TRANSFER OF IMAGE RIGHTS.
If they consider it to be opportune, the Organizer may organize and carry out an EVENT to celebrate the granting of the Prize to the Winner(s), through various activities, parties, and/or celebrations (all of this referred to collectively as the “EVENT”), on the date chosen by the Organizer for the granting of the prize to the Winner, in the location(s) deemed convenient by the Organizer, with the goal of giving visibility to the granting of the prize, and which a variety of INFLUENCERS and guests will be invited to attend. Said EVENT will serve to produce diverse photo and video promotional material for exclusive use by the Organizer and any third parties that the Organizer deems convenient.
The Winner (“ASSIGNOR”), agrees to participate in the recording of videos, capturing of photos, live transmissions, and social media publications, among many others, to be carried out by the Organizer during said EVENT, through any media or channel. Said material may be published and spread by the Organizer through any means, media, or channel, etc, without any temporal limitation and under the terms and specifications that the Organizer deems convenient.
By accepting the present Rules, the ASSIGNOR freely consents to the capturing and posting of their image, voice, and name. The person giving this consent expressly understands the transfer of asset content of the right to their own image, without temporal or geographical limitation, for its exploitation via any avenue or in any form, known to them or not, including advertising and/or promotional use of any recording in which their image appears, as well as its exhibition in any media and/or support, including but not limited to, advertising campaigns in the media, videos, as well as the processing of images to incorporate them where applicable in other audiovisual materials related to any Campaign. Including but not limited to audiovisual content that may be published on social media profiles linked to the Organizer, on video-on-demand platforms (e.g. YouTube) or on websites managed by or linked to the Organizer or even on any media chosen by the Organizer. Additionally, the image rights can be transferred to entities that are part of the Organizer’s group, both national and foreign. The image rights transferred by the ASSIGNOR may be transferred to entities belonging to the corporation to which the Organizer belongs, both national and foreign.
During filming or photographing and the posterior exhibition of these images, the ASSIGNOR is obligated to follow any instructions given to them by the Organizer for the correct development of the EVENT. 13. Applicable law and conflict resolution
Current regulations will determine which laws and jurisdiction shall correspond to the relationship between the Organizer and the Sweepstakes participants. Notwithstanding, in those cases in which said current regulation foresees the possibility that the parties submit to a certain jurisdiction, the Organizer and the participating users, with express waiver of any other jurisdiction which may correspond to them, shall submit to Spanish Law and the Courts and Tribunals of Elche.