Giveaway bases
Updated: 26-1-23
Apple is not a sponsor of this Giveaway
1. Organising entity
DARKAN TECHNOLOGIES, S.L., a Spanish company with address for notification purposes at Paseo Naranjo de Bulnes 104, 28701, San Sebastian de los Reyes (Madrid) and tax identification number: B02726404, (hereinafter “the Organiser”), will carry out a Draw which will be governed by the provisions of these Terms and Conditions.
2. Participation requirements and mechanics
2.1. Participation requirements
The Draw is intended for Registered Users of the HiBeats App (hereinafter referred to as the App), only artists. Registered Users who are minors and wish to participate must have the consent of their parents or legal guardians (hereinafter referred to as “the Participants”).
The Draw is free of charge and open to all Participants who comply with these Terms and Conditions.
Any participation that does not comply with these Terms and Conditions, or any other instructions provided
in connection with the Draw, will not be valid and will not be considered.
2.2. Mechanics
The Draw is held every two weeks, with a 1 day break in between.
When the competition begins, the registration period will open, in which all registered Users will be able to register from the Draw screen by clicking on the “Participate” button, which will generate a unique participation number. This period will remain open until the 23:59 UTC of the competition end date.
3. Winners' election
At the end of the participation period, a draw will be made from all valid entries received, and the winner will be chosen at random, using an algorithm included in the App. The date of the draw will be within 24 hours after the competition has ended.
The winner will be notified on the day of the draw, by a notification on the App and on the email address provided when registering.
The winner must log in to the App and click on the “Accept reward” button.
In the event that the winner has not claimed his/her prize or an extraordinary error has occurred, within one (1) week, the Draw will be conducted again.
After the claims period, the final winner will be announced, either the first winner or the winner of the second draw. In the event of a repeat non-claim, the draw will be cancelled.
Regardless of the outcome of the Draw, the next Draw and its reward will be announced after this period.
The Organiser reserves the right to modify the period of participation or the dates of announcement of the winner, when necessary due to force major or when it is impossible to comply with the dates and/or deadlines set out in these terms and conditions. In such a case, the Organiser will endeavour to announce the changes with due notice.
4. Reward
Option A: “Coins” Draw
TEN THOUSAND (10,000) HiBeats Coins, will be drawn for a single Participant.
In accordance with the regulations in force, and insofar as the prize does not exceed three hundred euros (€300) in tax value,
no withholding tax will be applied. In the event that the prize is not money, it is not exchangeable for its equivalent in cash or compensation of any kind.
Option B: “Gift card” Draw
Ecard Amazon of THREE HUNDRED (300) DOLLARS, will be drawn for a single Participant.
In accordance with the regulations in force, and insofar as the prize does not exceed three hundred euros (€300) in tax value, no withholding tax will be applied. In the event that the prize is not money, it is not exchangeable for its equivalent in cash or compensation of
any kind.
5. Acceptance and awarding of prizes
Option A: “Coins” Draw
Once the winner has been notified, he/she will have a period of One (1) calendar week to express his/her acceptance of the prize, by accepting it via the button provided for the entry of his/her Coins. Once this period has elapsed without the winner having accessed the App and confirmed acceptance of the prize, their coins will be automatically added to their account.
Once the prize has been accepted, the Organiser will proceed to the inclusion of the “Coins” within 7
calendar days from the communication of the winner’s status.
Option B: Amazon ECard
Once the winner has been notified, he/she will have a period of one (1) calendar week to express his/her acceptance of the prize, according to the instructions provided. Once this period has elapsed without the winner having confirmed their acceptance of the prize, their status as winner will lapse, and the prize may be offered to substitutes, chosen through the procedure set out in these Terms and Conditions.
Once the prize has been accepted, the Organiser will proceed to send the prize within 7
calendar days of notification of the winner’s status.
6. Personal data
The personal data provided when registering for the Draw will be processed by the Organiser in order to manage participation in the Draw, as well as to send notifications related to the Draw to the indicated means of contact, the basis for this processing being the contractual relationship derived from participation in the Draw.
The Participant may exercise their rights of access, rectification, suppression, portability, opposition and limitation of processing by sending a written communication to DARKAN TECHNOLOGIES, S.L. to the address at the top of these Terms and Conditions or by email to support@hibeats.com, and may file a complaint with the competent Control Authority. In both cases, a copy of an official identification document must be attached.
7. Fraudulent participation and other grounds for disqualification
In the event that the Organiser or any entity that is professionally linked to this Draw detects any anomaly or suspects that a Participant is impeding the normal development of the Draw, or otherwise breaching its Terms and Conditions, it may unilaterally disqualify and remove the Participant from the Draw.
The Organiser also reserves the right to disqualify any Participant who uses the page or App, profile on social networks or any other website owned by the Organiser to make comments or publish any content contrary to applicable legislation, generally accepted morals and good practice, public order or these Terms and Conditions, or which is defamatory, libellous, offensive, insulting, racist, obscene, threatening or discriminatory.
8. Exclusion of liability
The Organiser shall not be held responsible for any liability arising from non-compliance by the Participants with the legal regulations and/or these Terms and Conditions. The Organiser reserves the right to modify, cancel and/or suspend the Draw when causes beyond its control prevent the correct development of the Draw.
In such a case, this fact will be publicised by the same means in which the Draw was held.
Likewise, the Organiser will be exempt from all liability if any of the aforementioned cases occur, as well as from any liability for damages that may be caused during the enjoyment of the prize.
9. General Terms and Conditions
By the mere fact of participating in the Draw, in accordance with the stipulations of these Terms and Conditions, the Participant expressly accepts the same, as well as the criteria of the Organiser with regard to the interpretation of the above and the resolution of any incident that may arise. Likewise, the result of the Challenge will be final.
The Organiser reserves the right to modify, if necessary, the Terms and Conditions of this Challenge to similar ones.
This Draw is governed by Spanish law and any dispute that may arise in relation to this prize draw shall be submitted by the Participant and the Organiser, expressly waiving any other jurisdiction that may be applicable, to the Courts and Tribunals of the City of Madrid, unless another jurisdiction is established by law.
