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DRAW BASES
“PRE- BLACK FRIDAY”

 

1.       ORGANIZER AND SCOPE OF THE DRAW.

PLAY HAWKERS, S.L. with domicile at Elche Parque Empresarial, calle Santiago Ramón y Cajal, nº 37 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 Draw “PRE- BLACK FRIDAY” is governed (hereinafter “DRAW”), in which the contestants will be able to participate through an specific landing.

 

2.       TEMPORAL AND TERRITORIAL SCOPE.

 The involvement time period of the Draw begins on the 2nd November of 2018, at 16.00pm, CET, and ends 30th November of 2018 at 23.59pm, CET, being unadmitted new participations since that moment.

 The winner will be announced on 5th December of 2018, according to the proceeding and announced criteria established in the current Draw Bases, without prejudice of an eventual delay of five (5) days at most due to organization, technical or availability reasons.

 The campaign in which the Draw is integrated, and therefore, the information provided by the current Bases, will be available from 2nd November of 2018 until 30th November of 2018.

The Organizer reserves the right to suspend, delay, cancel or modify the duration of the Draw at any time until the end of the Draw, by justified reasons that will be announced through the communication channels, including social media owned by the Organizer, seized to announce and organize the Draw.

 The Draw’s scope applies to the following countries: EUROPE, UNITED KINGDOM, BRAZIL, MEXICO, AUSTRALIA, COLOMBIA and CHILE, which means that every person from this countries 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 Draw, it is necessary to meet the following requirements:

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.

The Draw is part of a promotional campaign of the Organizer.

The development of the Draw, as described herein, should be developed according the Second Clause of the Bases (“Territorial and temporal scope of the Draw”)

 

4.1.       Participation in the Draw.

Every contestant willing to participate in the Draw must follow the following process:

It only will be considered by the Organizer those participations 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 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 winner user among all the contestants that met the requirements expressly established, and that has fulfilled correctly the form (hereinafter, the “Winner User”).

 The Winner User will be randomly obtained using the next web platform: http://gleam.io/.

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 the contestants complete the participation form, the landing will make available to the contestants different participation and interaction checkboxes. The more checkboxes are marked by the contestants and the more actions are completed by the contestants, the chances of winning the Draw will be increased.

The mentioned checkboxes are the following:

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Once selected the Winner User, the Organizer through the Organizer official INSTAGRAM site will announce the prize, as follows: through a direct video.

 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.

WINNER USER PRIZE

The prize for the Winner User is a HAWKERS EXPERIENCE PACK, which includes the following:

 

CONTESTANT PRIZE

For all those who participate in the Draw (only for participating), there will be a prize of a 5€ or 10€ voucher to use at www.hawkersco.com. This voucher will be automatically sent to all the contestants by email after participating according the current Bases on the 5 December. The contestants expressly accept that the Organizer send this email to them in order to get the discount voucher.

The voucher will be able to be used from December 2018 to June 2019.

 

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 and informed consent.

Considering the applicable Personal Data Protection Law, any personal data provided by the user at the landing page as part of his/her participation in the Draw will be processed accordingly to the Privacy Policy of Hawkers that every user shall expressly accept in order to register his/her participation in the system.

 

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.     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.