Organising company
Manufacturas Ruiz S.A. (hereinafter Hevea), with registered address at Calle del Pino, 108 - 30110 - Cabezo de Torres, Murcia (Spain) and C.I.F. Nº: A-30107536, is organising a nationwide initiative to participate through Hevea's social networks in accordance with these rules.
Start and end dates
Participation will begin on 24 October 2022 at 09:00 and will end on 6 November 2022 at 23:59h, both inclusive. If for reasons of force majeure it is necessary to postpone, modify, cancel or repeat the participation on the website, this fact will be published on the aforementioned page, giving said modification the same degree of publicity as these rules.
Purpose
The purpose of participation is to promote the Hevea outdoor furniture brand, as well as to reward them for their involvement in Hevea's social media activity.
Gratuity
Participation will be free of charge, in such a way that it will not be necessary to purchase any product or pay any additional fee or amount in order to obtain the prize. In order to participate, it will be an essential requirement to comply with all the stipulations set out in these terms and conditions.
Participation requirements
The following are considered essential requirements for participation:
Participants must be at least 18 years old and resident in Spain.
Responses may not contain offensive, abusive or discriminatory messages or messages that may violate the rights of third parties, nor may they be out of place in relation to the Sweepstakes. Otherwise, the right is reserved to disqualify participants who include offensive content, as well as the elimination of such publications.
Employees of Hevea, employees of agencies or any person who is professionally directly related to this promotion are not eligible to participate.
Mechanics
During the date indicated in point 2, Hevea offers followers the possibility of posting a Like on the social networks where the competition is published, Facebook and Instagram, commenting on the publication mentioning two friends and following the social network where they are participating.
In order to make publications in the sweepstakes application, you must accept the personal data protection and privacy policy, as well as the rules of participation by the means that will be enabled for this purpose.
From among all the correct answers, a winner will be chosen randomly through the EASYPROMOS application used to carry out the draw. Likewise, two reserves will be designated in the event that the winner does not meet the requirements of these rules for obtaining the prize.
Prize
The winner of the draw will receive - in accordance with the above - a sun lounger with similar characteristics to the one published in the competition photograph, with the possibility of customising the upholstery from the brand's options.
Hevea will contact the winner via the e-mail or telephone number provided in their registration within ten (10) working days of winning the prize to inform them of the prize, confirm their acceptance by letter and provide delivery information.
Hevea will announce the winner on its website no later than one week after the end of the draw.
The winner will have to contact Hevea via private message to the following e-mail address: info@hevea.es, providing their contact details - name, surname, full address, province, postcode and telephone number - and accept the prize won within 72 hours.
In the event that, within 72 hours, the winner has not communicated their acceptance, or they reject the prize, do not send the documentation requested by Hevea, or any of them do not meet the requirements established in these rules, they will lose the status of winner and the prize will be assigned to the first reserve, also designated randomly, and if this winner does not meet the requirements, the status of winner will pass to the second designated reserve. Lastly, if none of the aforementioned winners meet the requirements for any of the reasons described above, Hevea will dispose of the prize and may decide to use it for another purpose or leave it unused.
Exclusions and limitations
Hevea reserves the right to justifiably eliminate any user who defrauds, alters or disables the smooth running and normal course of the competition or has suspicions that any of these actions are being carried out. Likewise, any user who intentionally or unintentionally harms or damages the image of the brand as well as the rest of the participating users will be eliminated.
By entering the Competition, each participant represents and warrants to Hevea:
General considerations
That you accept without reservation all the terms, conditions and rules of this Competition.
That it complies with all the conditions of the Competition.
That all personal data provided by you to Hevea in connection with your participation in the promotion are true and correspond to your identity.
Hevea reserves the right to modify the above-mentioned conditions at any time, including their possible cancellation before the established deadline, provided that there is just cause, and undertakes to communicate the new rules and conditions of participation to the final cancellation.
Hevea is exonerated from all liability in the event of malfunctioning of the electronic communication networks that prevent the normal development of the promotion for reasons beyond their control and especially for external acts of bad faith. Nor will they be responsible for transmission problems or loss of data not attributable to them.
Any abusive or fraudulent use of the Website by users will result in the consequent disqualification of the participant in the promotion. If the improper use of the Website (with or without fraudulent intent) causes the malfunction of the Website, Hevea will be exonerated from all liability and may cancel the promotion. In the event that Hevea or any entity that is professionally linked to this promotion detects any anomaly or suspects that a participant is impeding the normal development of the promotion, or carrying out any fraudulent act that contravenes the transparency of the promotion, Hevea reserves the right to cancel and even withdraw the prize automatically and without explanation of any kind, from all participants who have benefited directly or indirectly from this type of fraudulent actions, and may also take any civil or criminal action that may be appropriate.
Hevea accepts no responsibility for any loss, damage, delay or any other circumstance attributable to third parties that may affect participation in this promotion.
Hevea is exempt from any liability in the event of any error in the data provided by the participants themselves that would prevent their identification and the delivery of the prize.
Hevea reserves the right to make changes in order to ensure the success of the promotion when just cause or force majeure prevents the promotion from being carried out in the manner described in these terms and conditions.
Hevea reserves the right to make changes or add subsequent annexes to the mechanics and prizes of this promotion as long as they are justified or do not harm the participants, and are duly communicated to them.
In the event that this promotion cannot be carried out, either due to fraud, technical errors, or any other reason beyond Hevea's control that affects the normal running of the promotion, Hevea reserves the right to cancel, modify or suspend the promotion, without participants being able to hold Hevea liable in any way.
Any abusive or fraudulent use of these rules will result in the cancellation of any participant. It will be understood, by way of example, but not limited to, that abuse or fraud occurs when a participant registers on the Site using a false identity or personal data as well as the identities of third parties without their consent.
The complaint period shall end 3 working days after the end of the complaint period.
Participation in this competition implies full acceptance of these rules by the participants.
Likewise, Hevea accepts no responsibility for any errors that participants may make when providing their personal details or when these are the result of incomplete or erroneous registration of the details requested or published by the participants, and in particular the postal address.
The website is governed by the legislation in force in Spain and by these terms and conditions.
Data protection
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, (hereinafter, "GDPR"), as well as with the provisions of Organic Law 3/2018, of 5 December, on Data Protection and Guarantee of Digital Rights, MANUFACTURAS RUIZ S.A., as data controller, with address at Calle del Pino, 108 - 30110 - Cabezo de Torres, Murcia (Spain) and with CIF N.º: A-30107536 informs the interested party of the existence of a personal data processing system in which their personal data are stored under the responsibility of Hevea, for the purpose of managing this Competition, as well as the delivery of the relevant prizes and other communication, information and promotion tasks associated with the Competition, in the terms set out in these Legal Bases, as well as for sending commercial information that may be of interest to them, if they have expressly consented to this in the registration form. The legal basis for the processing of participants' data is the consent of the participant.
The Company will process the personal data of the participants for the duration of the competition and, once the competition has ended, for the time necessary to deliver the prizes and to send commercial information, while the relationship remains in force and/or the participants do not revoke their consent or express their opposition to the sending of such communications, and in all cases the personal data will be kept, duly blocked, for as long as any type of liability may arise.
The user accepts that their data may be accessed, exclusively for the purposes indicated above, by entities, individuals or legal entities with which Hevea concludes collaboration agreements, respecting in all cases Spanish and European legislation on personal data protection and without the need to be notified of each first transfer made to the aforementioned assignees. Likewise, taking into account the applications through which we manage your data, we may transfer your personal data to the United States and other countries in which data protection laws may not be as extensive as those in force in the EU, adopting the necessary security measures developed in our privacy policy.
Hevea undertakes to comply with the duty of secrecy and confidentiality with respect to the personal data obtained.
Likewise, the data obtained and processed shall at all times be subject to the security measures and privacy policy approved by the company in accordance with the regulations in force at any given time.
The participant will be responsible, in any case, for the veracity of the data provided, and Hevea reserves the right to exclude from the services any user who has provided false data, without prejudice to any other actions that may be applicable by law". Likewise, by participating, you authorise and give your express consent to Hevea to process the personal data you voluntarily provide for the following purposes:
- HEVEA.ES" web management and dissemination.
- Contacting participants and transmitting this data via Facebook or Instagram.
- Management of the user's relationship with Hevea.
- Respond to enquiries received.
- Send information and offers about Hevea's commercial and promotional activities both by ordinary and electronic means.
- Dissemination in web publications, social networks, written media, videos, television, of Hevea's activity.
Participants may exercise their rights of access, rectification and deletion of their personal data, as well as request that the processing of personal data be limited, oppose the processing thereof, or request the portability of the data, and, likewise, revoke their consent, for those processing operations based on the same, by sending an email to the following address: info@hevea.es. In any case, you are informed that the revocation of your consent to the processing of your data for participation in this competition will make it impossible for you to continue participating in it. In any case, the participant may lodge a complaint with the competent control authority.
Taxation of prizes (if applicable)
The prize is subject to withholding or payment on account of Personal Income Tax (IRPF) in accordance with the regulations of this tax. The withholding or payment on account will be the responsibility of the organiser. Hevea.es will pay the corresponding amount to the Treasury on account of the IRPF in accordance with the regulations of this tax, without prejudice to the effect it has on the winner's personal income tax return. To this end, the winner must provide a photocopy of his/her ID card and provide all the personal and fiscal data requested by Hevea.
The prize to be awarded will constitute a capital gain for the winner, who must declare it in his/her personal income tax return for the year in which he/she received the prize. To this end, Hevea will provide the winner with a certificate justifying the value of the prize and the withholding tax withheld.
Applicable Law and Jurisdiction
The actions of this competition are governed by Spanish law. Hevea and the participants, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of Murcia.
Acceptance of the rules
Potential participants are informed that the mere fact of participating in the competition implies unreserved acceptance of these rules.
Image rights
Given the strictly advertising purpose of this prize draw, the winner must accept that his/her image, name and voice may be used for the purposes of informing about the result of the prize draw, as well as to promote the products advertised and subsequent events of a similar nature in the media that Hevea deems necessary (including, by way of example, press, radio, television or Internet). This assignment will be made for a period of one year and with territorial scope in Spain. The winner must sign a specific document of assignment of the aforementioned rights before receiving the prize, which will be considered fair compensation for the assignment made.