1. ORGANIZER AND SCOPE OF THE CONTEST.
PLAY HAWKERS, S.L. with domicile at Elche Parque Empresarial, calle Marie Curie, nº 34 with VAT number B-54.754.718, company duly registered in the Companies Register of Alicante, volume 347, foil 166, page 138493, (hereinafter “ORGANIZER” or “HAWKERS”), provides at disposal of the contestants the terms and conditions by which the Contest “MotherHawker of the Week” is governed (hereinafter “Contest”), in which the contestants will be able to participate through an specific landing.
2. TEMPORAL AND TERRITORIAL SCOPE.
The involvement time period of the Contest begins every Monday after HAWKERS story/post on Instagram (from 28th September of 2020) and ends every Sunday at 23.59pm, CET, being unadmitted new participations since that moment.
The winner will be announced every Monday, according to the proceeding and announced criteria established in the current Contest Bases, without prejudice of an eventual delay of one (1) day at most due to organization, technical or availability reasons.
The Organizer reserves the right to suspend, delay, cancel or modify the duration of the Contest at any time until the end of the Contest, by justified reasons that will be announced through the communication channels, including social media owned by the Organizer, seized to announce and organize the Contest.
The Contest’s scope applies to worldwide, which means that every person shall participate, without any cost (the costs derived from the Internet connection are not included), if criteria and requirements are met.
3. PARTICIPATION REQUIREMENTS.
In order to participate in the Contest, it is necessary to meet the following requirements:
To be natural person.
To be of legal age (+16 years).
Participation in the Contest 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 Contest, 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 Contest, 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 Contest 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 Contest 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 Contest, 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 Contest.
Participation in the Contest 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. CONTEST DEVELOPMENT.
The Contest is part of a promotional campaign of the Organizer.
The development of the Contest, as described herein, should be developed according the Second Clause of the Bases (“Territorial and temporal scope of the Contest”)
4.1. PARTICIPATION IN THE CONTEST.
Every contestant willing to participate in the Contest must follow the following process:
Have a public Instagram profile.
Accept the present Contest.
Follow the following IG account: @hawkersco.
Follow the instructions given by HAWKERS through its IG account; post on IG wearing Hawkers product and tagging @hawkersco.
It only will be considered by the Organizer those participants that had met the requirements provided in the current Bases.
4.2 REQUIREMENTS TO PARTICIPATE.
Without prejudice to the limitations settle for the participation in the present Contest, if the Organizer detects or achieves enough signs, independently of the means seized, that a person has participated in the Contest impersonating someone, as they were different users, or breaching any rule from the current ones, the contestant will be automatically eliminated and disqualified.
5. FINAL WINNERS ELECTION.
Once the term expressly established in the current Bases has concluded, a Contest shall be initiated in order to obtain the name of the winners among all the contestants that met the requirements expressly established (hereinafter, the “Winner User”).
The Organizer will select the Winner User weekly by their own criteria (Marketing department).
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.
Once selected the Winner User, the Organizer through the Organizer official INSTAGRAM site will announce the prize, as follows: story and direct message.
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.
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.
1. One (1) Hawkers sunglasses every week selected by the winner (máx. Price; 40 euros).
7. TAX DUTIES.
To the prizes of the present Contest any tax laws or relevant rules shall be applied, pursuant to Spanish legislation.
8. DATA PROTECTION AND INFORMED CONSENT.
9. GUARANTEES AND LIABILITY.
The Organizer, as well as any other company related to the Contest, 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 Contest.
Additionally, the Organizer does not guarantee the availability, continuity, nor infallibility of the functioning of Internet platform seized for the development of the Contest, 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 Contest or its normal development.
In the event the lack of availability of the platform in which is developed the Contest affects more than the 25% of the term expressly provided for the development of the Contest, the Organizer reserves the right to cancel and repeat the Contest, being able in that event to avoid all the participations remitted until that date, that will be conserved for the following Contest.
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 Contest, 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 Contest 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 Contest implies that the contestant has read and accepted the present disclaimer clause and the Bases that govern the Contest.
10. MODIFICATION OR ANNULATION.
In any case, the Organizer reserves the right to modify in any moment the conditions or Bases of the present Contest, 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 Contest. 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 Contest 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 Contest 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 Contest 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 Contest.
The Organizer reserves the right to cancel, suspend and/or modify this Contest, 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. 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 Contest. 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.