RULE 1.- ORGANIZER, TERRITORIAL AND TEMPORAL SCOPE, FREE OF CHARGE.
The company Huayi Compressor Barcelona, S.L.U. (“Huayi”) with registered office in Sant Quirze del Vallès, at Calle Antoni Forrellad, number 2 (08192 – Barcelona), registered in the Barcelona Commercial Registry, on page B-427.652, and with tax identification number B-65805798A, is planning a promotional sweepstakes (the “Sweepstakes”).
The Sweepstakes will be announced on the Internet and, consequently, residents from across the world can participate in it. It will begin on November 28, 2018, at 8:00 a.m. CET and end on January 11, 2018, at 9:00 p.m. CET (the “Validity Period”).
Participation in the Sweepstakes is free. Huayi therefore will not receive any type of payment or contribution, in cash or in kind, from the Participants – as defined below – in exchange for their registration, admission or participation in the Sweepstakes.
RULE 2.- OBJECT AND PURPOSE OF THE SWEEPSTAKES.
The purpose of the Sweepstakes is to encourage Huayi customers to participate in surveys to register their satisfaction with Huayi products and services.
With this aim, the object of the Sweepstakes is to hold a drawing under the terms and condition established in these rules and award the prize indicated in Rule 6 to the winner.
RULE 3.- CUSTOMER AND PARTICIPANT STATUS.
- Customer Status
Individuals that have acquired Huayi products or services within two (2) years of the termination date of the Validity Period will be considered Huayi customers (the “Customers”).
- Participant Status
Individuals who, when taking the survey referred to in Rule 4, meet the following conditions will be considered participants in the Sweepstakes (the “Participants”):
- Are of legal age;
- Employees, members of the board of directors, managers or managing directors of a Customer;
- Have accepted these rules; and
- Have fulfilled any other obligation required by Huayi to be considered a Participant.
Huayi employees, their representatives and managers cannot acquire the status of Participant. Nor can anyone who has been directly or indirectly involved in organizing these Sweepstakes or in preparing these rules, including direct family members, participate in the Sweepstakes.
In general, people that do not meet the conditions established in the rules and specifically who do not accept the rules cannot acquire the Participant status.
RULE 4.- HOW THE SWEEPSTAKES WORKS.
Within 2 days of the start date of the Validity Period, Huayi will provide its Customers with access to the electronic survey created for the Sweepstakes (the “Survey”) via email. To become a Participant, Customers must:
- access the link to the Survey;
- complete the Survey following the instructions provided by Huayi ; and
- meet the conditions described in Rule 3.2.
Proper completion of the Survey under the terms and conditions established in the rules assumes acceptance by the Participant of the content of the rules, in the terms established in Rule 13.
RULE 5.- WINNER AND ALTERNATE WINNERS.
- Winner
There will be only one (1) Sweepstakes winner (the “Winner”). The Winner will be chosen within ten (10) calendar days of the termination date of the Validity Period in a random drawing that will be conducted through the ‘Easypromos’ electronic application, or another electronic platform with similar characteristics.
Within ten (10) calendar days of the selection of the Winner (the “Communication Deadline”), Huayi will contact the Winner by telephone and/or email to inform him/her of the results of the Sweepstakes, verify that the Winner meets the conditions described in Rule 3.2 and obtain his/her contact information so that he/she can be awarded the prize.
To award the prize to the Winner, the Winner must communicate his/her acceptance of the prize at the time of the communication referred to in the previous paragraph or, if the communication is made via email, within ten (10) calendar days of the date this email is sent.
- Alternate Winners
If the Winner fails to communicate his/her acceptance of the prize in the terms established in Rule 5.1, or it is not possible to contact the Winner via email or telephone, two (2) alternate winners (the “Alternate Winners”) will be chosen according to the same winner selection criteria. Alternate Winners will become the Winner according to the order in which they were chosen.
If the Alternate Winners fail to communicate their acceptance of the award or if it is not possible to contact them via telephone, the prize will be declared unclaimed.
RULE 6.- PRIZE.
The Sweepstakes prize is a Samsung Tablet (the “Prize”). Huayi will decide on the tablet model during the Validity Period depending on market conditions. In no case may the Winner request that Huayi substitutes the Prize for another product or provision or request to trade in the Prize for its monetary value.
Huayi will deliver the Prize to the Winner by post or by any other means at its discretion, sending it to the address and according to the information that the Winner provided when registering for the Sweepstakes, or by hand at Huayi’s offices, according to the Winner’s choice.
Huayi’s obligations in relation to the Prize will end upon delivery of the Prize to the Winner.
RULE 7.- FRAUD.
If Huayi or any entity professionally connected to the Sweepstakes detects any irregularity or suspects that a Participant is obstructing the normal development of the Sweepstakes, illegally changing his/her registration or participation through any technical or computer procedure to falsify his/her participation, Huayi will be able to unilaterally cancel the registration of this Participant.
In this regard, it is important to add that Huayi has enabled the necessary technological supports to detect any possibly fraudulent, irregular or willfully unlawful behavior that seeks to alter participation in the Sweepstakes with the aim of obtaining a Prize illicitly. Consequently, Huayi reserves the right to disqualify from the Sweepstakes any Participant who it determines or suspects has engaged in irregular behavior in the sense described above, without any prior notification.
RULE 8.- FORCE MAJEURE.
Huayi reserves the right to extend, amend, cancel or suspend the Sweepstakes or to adopt the reasonable measures necessary in case of force majeure events or events not attributable to Huayi.
If, due to the mentioned events, it is necessary to change the dates of the Sweepstakes, Huayi will communicate the new dates to all the Participants by email or other means available to it that allow acknowledgment of receipt of this communication.
In any case, Huayi will be released from any obligation to compensate the Participants if the mentioned events occur or if required by law, the Sweepstakes are suspended or cancelled. Participants will be appropriately informed of this situation as soon as possible.
RULE 9.- WITHHOLDING TAXES.
If the Winner is a resident for tax purposes in Spain, the Prize will be subject to personal income tax law 35/2006, of November 28, and personal income tax regulations approved by Royal Decree 439/2007, of March 30, as amended by Royal Decree 1074/2017 and Royal Decree-Law 20/2017, both of December 29.
Under the mentioned laws, Participants are informed that prizes in kind awarded for participation in games, competitions, raffles or number combinations of chance, linked or not linked to the sale or promotion of goods and services, are subject to personal income withholding taxes at a rate of 19%, as long as the withholding tax base is more than 300 euros.
In this sense, please be informed that the withholding tax base for prizes in kind is equal to the acquisition value for the payer increased by 20%, under article 105.1 of Royal Decree 439/2007, of March 30, approving personal income tax regulations.
If the Winner is not a resident for tax purposes in Spain, the Prize will be subject to the consolidated text of the non-residents income tax law, approved by Royal Legislative Decree 5/2004, of March 5.
Under this law, Participants are informed that the prize in kind is subject to withholding tax of 24%, unless the Winner is a tax resident in another Member State of the European Union or the European Economic Area with which there is an effective exchange of tax information, in which case it is subject to a rate of 19%.
In connection with this, and under existing tax law, if applicable, Huayi will pay the corresponding withholding tax on the value of the awarded prize. This amount will be calculated based on what is stated in the above paragraphs, and, in due course, Huayi will issue the appropriate certification to facilitate the Winner’s compliance with his/her personal income tax and or non-resident income tax obligations. As a result, Huayi will only meet its legal obligation to the taxpayer of making the tax payment. The taxpayer, meanwhile, will be responsible for meeting his/her various tax obligations.
RULE 10.- IMAGE RIGHTS.
The Winner authorizes Huayi, when applicable, to take, fix and reproduce his/her image in any means, format or support (including his/her voice and name), free of charge and with no time limit, with the aim of publicizing the Sweepstakes in any means, format or support.
To this end, the Winner transfers his/her image rights to Huayi for its exploitation, reproduction, publication, distribution, transformation and public communication (as well as making it available to the public on the Internet) in any format, means or support, including but not limited to print, audiovisual, digital, press, radio, Internet, social network or any other media, free of charge and worldwide for use in the media (internal and external) and in marketing campaigns related to the prizes received.
Without affecting the above, Huayi will not under any circumstances be under an obligation to use the images, name and voice of the Winner. Huayi may or may not use them, or it may use them partially, choosing the images and reproductions and making any cuts or adaptations it considers appropriate in each case.
The authorizations carried out under this clause are issued free of charge. The Winner expressly agrees not to receive any remuneration for this other than the awarding, where applicable, of the prize.
RULE 11.- DATA PROTECTION.
Huayi, with registered office in Sant Quirze del Vallès, at Calle Antoni Forrellad, number 2 (08192 – Barcelona), will process the personal data you provide us as well as the updating of these data. You can contact our data protection officer at This email address is being protected from spambots. You need JavaScript enabled to view it..
Huayi will process the personal data you provide to us for the following purpose: to manage your participation in the Sweepstakes (including but not limited to contacting the Winner, verifying that he/she meets the conditions to be a Participant and Winner, awarding the Prize, using his/her image to publicize his/her being the Winner). Acceptance of these rules implies you are aware that Huayi will process your personal data for the purpose provided here.
The legal basis for processing your data is your consent. However, you can withdraw your consent at any time by sending an email to This email address is being protected from spambots. You need JavaScript enabled to view it..
If the Participant provides third party personal data, he/she guarantees that he/she has communicated to third parties the content of this rule and obtained, prior to including these data, their informed consent for the processing of their personal data by Huayi.
The Participant guarantees that the data provided to Huayi for the Sweepstakes are true. The Participant also guarantees that he/she is responsible for communicating any change in these data to Huayi. Incomplete entries or entries containing incorrect or false data will be cancelled.
RULE 12.- HUAYI’S LIABILITY.
Without limiting in any way the consumer rights recognized by applicable provisions, Huayi declines any liability for the loss or delay in participation in the Sweepstakes due to any interruption; temporary lack of availability or continuity in functioning; transmission issues; loss of information; fraud; network malfunction; software issues; access, communication or response failure; or change in the Sweepstakes due to technical or any other problems outside its control or attributable to network operators, intermediary service providers or third parties.
The Participants exempt Huayi, to the fullest extent permitted by law and without restricting their consumer rights in any way, from any liability, penalty, claim, civil, commercial, criminal or administrative claim or lawsuit, compensation of any kind or nature, and expenses or costs (including attorney and court agent fees).
Without limiting in any way the application of the consumer guarantees and rights recognized by applicable law, Huayi will not be liable for the negligent or unlawful use of the prize by the Winner and will not accept any responsibility whatsoever for any type of injury or damage that the Winner or third parties might sustain as a result of use of the prize.
Huayi reserves the right to take the necessary corrective action and reasonable decisions to resolve any incident that could arise during the Sweepstakes to guarantee its successful development.
Huayi accepts no responsibility for the information contained on social networks that the user might access, as these networks have their own privacy policies over which Huayi does not exert any control.
Huayi is exempt from any liability for the proper functioning of these networks, for the truthfulness and legality of the content or information beyond Huayi’s control to which access can be gained via these networks, as well as any damage arising from the use of his/her data that the user might suffer. If a court or administrative body with jurisdiction decides that any of the clauses of these rules is invalid, illegal, unenforceable or voidable, it will be removed from this document, without affecting the rest of the clauses contained in it.
RULE 13.- ACCEPTANCE OF THE RULES.
Participation in the Sweepstakes entails acceptance of these rules. Failure to accept the rules will result in the Participant being excluded from the Sweepstakes.
RULE 14.- APPLICABLE LAW AND JURISDICTION.
These rules are subject to Spanish common law.
To the extent permitted by applicable law, Huayi and the Participants, including the Winner, by mutual agreement and express waiver, agree that the courts of the city of Barcelona will settle any legal matter arising from the Sweepstakes and its rules.