Legal Basis
1.- OBJECTIVE
Daikin AC Spain SA with registered office at Calle Vía de los Poblados, 1, Parque Empresarial Alvento, Edificio A y B, Planta 4ª, nº 1, 28033 Madrid, with CIF A82527458 (hereinafter 'The Organiser') is organising this promotion whose purpose is to raffle a weekend in one of the following cities: London, Paris, Rome, Budapest and Lisbon among the owners of a DAIKIN brand air-conditioning installation who register it in Stand By Me. (https://standbyme.daikin.es/en/), in accordance with the terms and conditions set out therein.
2.- PERIOD
Three draws will be held, each on the 26th day of May, June and July 2023.
3.- PARTICIPANTS
Participation in this prize draw is restricted to persons over 18 years of age who comply with the rules for participation in the prize draw. The minimum age of 18 years must be held by the participant at the time of the start of the duration of this sweepstake. Participants are responsible for the accuracy of the data provided for their participation in the prize draw.
Likewise, it will be an indispensable requirement for participation in the draw, that the participant is a legal resident in Spain during the duration of the draw.
On the other hand, all persons with professional or employment ties to the Organiser are not eligible to participate in this prize draw. In this sense, employees, collaborators or subcontractors, direct or indirect, of the Organiser and its associated companies, as well as direct family members up to the first degree of all the aforementioned groups are not eligible to participate in the draw.
In the event that there are entries in the draw that don’t meet the participation requirements, they won’t be included in the list of participants for the purposes of the draw.
4.- MECHANICS OF PARTICIPATION
Participation in the competition will occur automatically with the registration of a DAIKIN branded installation in Stand By Me and the contracting of the services offered, in the period between the 15th day of the month immediately prior to the holding of the draw and the 15th day of the month in which the draw is held. The prize draw will be carried out among all the participants via the Easypromos platform (https://www.easypromosapp.com/es/).
Each participant may register all the DAIKIN brand air-conditioning installations they own, each of them representing one participation in the draw corresponding to the period in which it is registered in Stand By Me.
5.- MECHANICS OF AWARDING PRIZES
A winner and an alternate winner will be selected via the sweepstakes application/website. The winner will be contacted by email to receive their prize. If this is not possible, the alternate will be contacted. If contact with the alternate winner isn’t possible either, a new draw will be carried out, following the same communication mechanics until a winner or alternate is contacted.
The Organiser is not responsible for the impossibility of contacting the winner and/or alternate winner, nor for the impossibility of delivering the prize because the participants do not take the necessary actions to do so.
The Organiser cannot be held responsible for the impossibility of users to participate in the competition due to access problems or malfunctioning of the Internet.
The Organiser shall not be liable for any loss, damage, theft, delay or any other circumstance for which it is not responsible., nor is it responsible for cases of force majeure (such as strikes, delays or transport problems, etc.) that could prevent the delivery of the prize, being exonerated from all accountability in any of the above or similar cases.
Participation in the competition is free of charge and does not entail any additional cost to the participants, the Organiser assuming all the expenses derived from the draw.
6.- PRIZES
The prize for each competition will consist of a weekend for two people in one of the following destinations of the winner's choice: London, Paris, Rome, Budapest or Lisbon, in a 4* hotel, on a bed and breakfast basis, as well as flights from Madrid or Barcelona and transfers from the airport in the destination city to the hotel and from the hotel to the airport. The prize does not include the necessary transfers from the winner's city of residence to the airport in Madrid or Barcelona, or any other food, transfer or accommodation expenses incurred as a result of the necessary transfers or the stay in the chosen city, other than those expressly indicated in this section.
Under no circumstances may the prize be transferred or assigned, nor may it be exchanged for any other prize or money.
The prize must be enjoyed before 31 December 2023, when it will cease to be valid and the Organiser will not be required to compensate the winner for it.
7.- TAX REGIME
All relevant tax provisions will be applicable to the prize draw, according to the legislation applicable at any given time. In this regard, it’s expressly stated for the record that, by legal imperative, the Organiser must make the corresponding withholdings and payments on account on the value of the prizes.
In accordance with Article 75.2.c) of Royal Decree 439/2007, of 30 March, approving the Personal Income Tax (IRPF) Regulations, prizes awarded as a result of participation in games, draws, raffles or random combinations, whether or not they’re linked to the offer, promotion or sale of certain products or services, are subject to withholding or payment on account, as appropriate.
In accordance with the provisions of article 101.7 of Law 35/2006, of 28 November, on Personal Income Tax, the withholding or payment on account to be applied to prizes whose value exceeds 300 euros is 19% of the withholding base, the withholding base being (i) in the case of prizes consisting of the delivery of monetary quantities, the amount to be delivered and (ii) in the case of prizes consisting of the delivery of goods or services, their value or the cost they have had for the Organiser increased by 20%.
In addition to the formal obligation to make the corresponding withholding or payment on account, the Organiser undertakes to assume the cost of the withholding or payment on account corresponding to the prize, without prejudice to the winner being liable for any other tax responsibilities that may correspond to him/her, in accordance with the provisions of the applicable legislation.
8.- ACCEPTANCE OF THE TERMS AND CONDITIONS
Participation in the competition implies acceptance of these rules by the participants. The Organiser reserves the right to resolve, at its own discretion, which is accepted by the participants, those aspects not covered by these rules.
9.- DATA PROTECTION
Participants are informed, in compliance with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the General Data Protection Regulation (EU) 2016/679, that the data provided by you will be processed in accordance with the requirements of these rules by DAIKIN AC SPAIN, S.A., with registered office at calle Vía De los Poblados, nº 1, 28033-Madrid (Spain). You may exercise your rights of access, rectification and deletion of data, as well as request that the processing of your personal data be limited, oppose the processing thereof or oppose exclusively the processing based solely on Automatic Decision-Making Technologies, request the portability of your data, as well as withdraw your consent to the processing of data, by means of written communication to the address indicated, or by sending an e-mail to lopd@daikin.es. For further information, please consult DAIKIN's Data Protection Policy at the following link https://www.daikin.es/en_us/data-protection-policy.html.
10.- APPLICABLE LAW AND JURISDICTION
All matters arising out of or relating to this prize draw (including, without limitation, its operation and/or issues relating to the structure, validity, interpretation and fulfilment of these prize draw rules) shall be governed by the applicable laws of Spain, and any dispute shall be submitted to the jurisdiction of the courts of Madrid.