§ 1. GENERAL PROVISIONS
1. These Terms (hereinafter referred to as the “Terms”) refer to a Contest in the field of culture and art organised under a name “Displate Halloween Challenge” (hereinafter referred to as the “Contest”). The aim of the Contest is to popularise the products of the Organiser.
2. The Contest is organized by GWD Concept Sp. z o.o. with its registered office in Warsaw 02-017, al. Aleje Jerozolimskie 123a, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register under entry No. 0000451277, NIP (Tax Identification Number) 9512364589 (hereinafter referred to as the “Organizer”).
3. The Contest is organized on the territory of the Republic of Poland through the Internet.
4. The Contest is not a game of chance, a lottery, a mutual bet, a promotional lottery, the outcome of which depends on chance, or any other form of the random game provided for in the law of November 19, 2009 on gambling games (Journal of Laws of 2009, No. 201, item 1540, as amended).
5. The contents of these Terms are available at the Organizer’s office and on the following website: https://blog.displate.com/displate-halloween-challenge
§ 2. PARTICIPATION IN THE CONTEST
1. The Contest is of open character, provided that each participant must meet jointly the following conditions:
(i) finished 18th year of age,
(ii) has full capacity to perform legal acts,
(iii) has active artist’s account on Organizer’s website www.displate.com (hereinafter referred to as the “Website”),
(iv) has active PayPal account
(hereinafter referred to as the “Participant”).
2. Before entering the Contest, each Participant is obliged to read the contents of these Terms. The Participant is obliged to follow the rules set out in the Terms, as well as to fulfill the conditions required to participate in the Contest.
3. Employees and co-workers of the Organizer and their close relatives are not allowed to participate in the Contest. By “employees and co-workers” mean the persons on the basis of any legal relationship, including in the context of an employment relationship or a civil law agreement. A “close relative” shall mean the descendants, ascendants, spouses, siblings, as well as persons remaining in an adoptive relationship.
4. To enter the Contest, Participant must upload at least one design with a tag #HalloweenChallenge, which meets the conditions set out in the Terms of Use of the Website, on Participant’s account on the Website in the period between September 17, 20225 (inclusive) and October 5th, 2025 (inclusive) (hereinafter referred to as the “Entry”).
5. The Contest is organized as a one-stage Contest.
6. The Contest will commence on September 17th, 2025. All Entries must be received by October 5th, 2025 in a manner described above. The Organizer accepts no responsibility for any Entries that are incomplete, illegible, or fail to reach the Organizer by the relevant closing date for any reason.
7. By entering this Contest, each Participant confirms and warrants that his/her Entry is their wholly-owned creation (and use and disposal by the Organizer will not violate any rights of other parties) are their own genuine creation not a copy of anyone else’s and, to the extent that such Entry makes use of any third party materials, that these have been fully cleared unless they are no longer protected by copyright or other intellectual property rights. The Participant will hold the Organizer indemnified and harmless from any claims in relation to their Entry that the Entry infringes the personal or proprietary right of any other person.
8. The Organiser reserves the right to disqualify Entries that are incomplete, illegible, corrupted, or suspected of being manipulated in violation of these Terms or in any way violate third party rights.
9. By submitting an Entry, each Participant grants to the Organiser a, royalty-free, non-exclusive licence to edit, publish, translate, modify, adapt, make available, sell reproductions and distribute the Entry (any copyrightable works incorporated thereto) throughout the world on the following field of exploitation: making the Entry available to the public in a manner allowing anyone to access it in a place and at a time selected by that person (Internet), in particular in any media now known including on Organiser’s website and social media channels, like Facebook, Instagram and Twitter and others, also in paid marketing campaigns, for a duration of the Contest and an unlimited period from the end of the Contest, selling the prints depicting the Entry globally and adapting it for the Organiser’s purposes.
10. Each Participant also confirms that anyone depicted in an Entry has given their permission for the inclusion of their image in the Entry and agrees to the use of the Entry including their image by the Participant and the Organizer within the scope described above.
11. By entering the Contest, the Participant agrees to all the Terms.
12. The Contest will end on October 5th, 2025.
§ 3. FINAL OF THE CONTEST
- The Contest terms and results, and any current information relating to the Contest shall be put on the Displate Blog ( https://blog.displate.com/displate-halloween-challenge).
- The criteria for winning will be judged by a jury made up of Organizer’s employees.
- The jury will select 3 Entries which, in jury’s sole opinion, are the most original and creative, hold the most artistic value, and meet the theme of the contest (hereinafter referred to as the “Winning Entries”). The Participants who uploaded the Winning Entries are the winners of the Contest (hereinafter as the “Winners”).
- The Organizer will promptly notify each Winner on winning the Contest by electronic means.
- Each Winner will be entitled to receive a cash prize in the amount of $1000 (1st place), $500 (2nd place) and $300 (3rd place). The main prize will be provided to each Winner via his/her PayPal account upon providing the data indicated by the Organiser (necessary for legal and taxation reasons) – which is a prerequisite for receiving the prize.
- An additional cash prize of 11,11% of the Main prize value may be awarded by the Organiser for purpose of covering tax if such tax is applicable – i.e. if the Main prize value exceeds 2000 PLN or equivalent in other currency). The Winner acknowledges the right of the Organiser to withhold this amount and use the additional cash prize to cover the applicable tax.
- The Organizer may publish the list of Winners and the Winning Entries on the Website and/or its social media. Each Participant grants consent to the Organiser to distribute the Entry together with his/her name, last name and/or pseudonym/nick.
- The Winner is not entitled to transfer his/her claims toward the Organizer to receive the prize to any other person.
- The Winner loses the right to receive the prize and the Organizer is not obliged to deliver the prize to the Winner in the following cases:
(i) the Organizer is not able to deliver the prize to the Winner due to the reasons attributable to the Winner;
(ii) the Winner ceased to meet the conditions to be a Participant;
(iii) the Winner breaches these Terms;
(iv) the Winner fails to provide all necessary data.
§ 4. PERSONAL DATA
1. The processing of Participants’ personal data shall be in accordance with the Regulation of the European Parliament and the Council (EU) 2016/679 from 27 April 2016 on the protection of natural persons with regard to the processing of personal data (GDPR).
2. The controller of personal data processed in connection with participation in the Contest is the Organiser: GWD Concept Sp. z o.o. with its registered office in Warsaw 02-017, Aleje Jerozolimskie 123A, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register under entry No. 0000451277, NIP: 9512364589. The contact details of Organiser’s data protection officer are as follows: [email protected].
3. Personal data of Participants are processed in order to:
a. conduct the Contest, including the verification of compliance with the requirements of the Terms, handle complaints pursue or defend against any claims in connection with the Contest – on the basis of consents of the Participants granted by participation in the Contest (Article 6 sec. 1 letter f) of GDPR),
b. comply with legal obligations to which the Organiser is subject, in particular resulting from tax and accounting regulations (Article 6 sec. 1 letter c) of GDPR);
4. The personal data of the Participants will be processed during the duration of the Contest. In the case of filing a complaint by a Participant, the Organiser shall process such Participant’s data for an appropriately longer period of time required to investigate the complaint or to settle a dispute with the Participant. The Winner’s personal data will be processed from the moment of communication with the Winner (for the purpose of delivering the prize) and for a period necessary to comply with tax and accounting obligations of the Organiser connected with the Contest.
5. The personal data are provided voluntarily but are necessary to participate in the Contest and receive any prize. Failure to provide all required personal data by the Participant, will result in the refusal of participation in the Contest or its cancelation.
6. Organiser ensures that all persons, which personal data are being processed are entitled to use their rights resulting from GDPR. With regards to such, Participants are entitled to following rights:
a. right of access to the personal data, including a right to obtain a copy of such data;
b. right to obtain the rectification (correction) of the personal data – in case when such data are inaccurate or incomplete;
c. right to obtain the erasure of the personal data (so called „right to be forgotten”) – in case when:
i. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed,
ii. the data subject objects to the processing,
iii. the data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing,
iv. the personal data have been unlawfully processed, (v) the personal data have to be erased for compliance with a legal obligation;
d. right to obtain the restriction of processing of personal data – in case, when:
i. the accuracy of the personal data is contested by the data subject;
ii. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead,
iii. the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, defence or exercise of claims,
iv. the data subject has objected to processing of the personal data – pending the verification whether the legitimate grounds of the controller override those of the data subject;
e. right to receive or transmit the personal data in case when:
i. the processing is based on agreement concluded with data subjects or on consent expressed by such person, and
ii. the processing is carried out by automated means;
f. right to object to processing of personal data, including profiling, when
i. grounds relating to particular situation arise,
ii. processing of personal data is based on necessity to pursue purposes resulting from legitimate interests of the Organiser.
7. You have the right to lodge a complaint with the supervisory authority dealing with the protection of personal data in the Member State of your habitual residence, place of work or place of the alleged infringement. In Poland, the competent authority is the President of Personal Data Protection Office.
8. The recipients of Participant’s personal data may be provided to – only in cases where it is necessary and to the extent necessary – entities cooperating with the Organiser in organizing the Contest in particular entities providing IT, marketing, legal services and postal services.
9. Participant’s personal data will not be used for profiling or for automated decision-making.
10. Subject to the following sentence, the Participant’s personal data will not be transferred outside the European Economic Area (hereinafter referred to as “EEA”) or to international organizations. Winner’s personal data may be transferred outside the EEA to PayPal Holdings, Inc. or its affiliates in order to process payment of the prize. The Organizer uses the EU standard contractual clauses to contractually require that Winner’s personal data receives a level of data protection consistent with the EEA. Copies of such standard contractual clauses may be obtained by sending a request to: [email protected].
§ 5. COMPLAINTS
1. Any complaints regarding the Contest procedure should be reported to the Organizer at the e-mail address [email protected].
2. Complaints shall be investigated within 14 business days of the receipt of the complaint.
§ 6. FINAL PROVISIONS
- The Organiser reserves the right to change the provisions of these Terms at any time due to important reasons if necessary to ensure the proper conduct of the Contest, in particular, due to technical, legal, or organizational reasons, protecting rights of Participants acquired up to this point. The Organiser shall promptly inform the Participants about each change to these Terms by publishing relevant information on https://displate.com/blog. If the Participant fails to provide to the Organiser a declaration on withdrawal from the Contest within 2 days from publishing the information, such a change shall be deemed accepted by this Participant. The withdrawal from the Contest by the Participant in accordance with the proceeding sentence shall be without prejudice to the rights of the Participant acquired before the termination.
- The Organiser is not liable for cancellation, changes of deadlines or change of conditions of the Contest as a result of the unpredictable circumstances or events beyond its control.
- These Terms and the Contest are governed by the Polish law.
- Any disputes that may arise between the Organiser and the Participants connected with the Contest shall be resolved as far as possible in good faith by negotiations. In case the agreement is not reach by negotiations, a dispute shall be resolved by a common court competent for the registered office of the Organiser.
- In case the Winner fails to contact the Organiser and provide necessary data within 2 (two) days, or if the Organiser determines that the submitted Entry violated the Terms, including authenticity requirements, the Organiser reserves the right to select an alternative Winner based on the same judging criteria described above.
- The Organiser shall not be liable for any technical errors, including issues with website availability, internet access, email delivery, or platform malfunctions that may affect participation in the Contest. Participants are responsible for ensuring their Entry is properly submitted.
