Displate Birthday Artists Challenge Terms & Conditions

May 10, 2022 by Zuza Ciszewska in Terms & Regulations


§ 1. GENERAL PROVISIONS

1. These Terms (hereinafter referred to as the “Terms”) refer to a Contest organized under the name “Displate Artists Birthday Challenge” (hereinafter referred to as the “Contest”).

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 based on the rules defined herein and the relevant provisions in force on the territory of the Republic of Poland and, in particular, the provisions of the Civil Code.

4. The Contest is organized on the territory of the Republic of Poland.

5. 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).

6. The contents of these Terms are available at the Organizer’s office and on the following website: https://blog.displate.com/displate-birthday-artists-challenge

§ 2. PARTICIPATION IN THE CONTEST

1. The aim of the Contest is to popularize the products of the Participants and the Organiser.

2. 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”).

3. 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.

4. 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.

5. To enter the Contest, Participant must upload at least one design, 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 May 10 2022 (inclusive) and June 10 2022 (inclusive) (hereinafter referred to as the “Entry”). Participant may decide not to enter the Contest or to withdraw from the Contest by delivering to the Organizer to the e-mail address referred to in § 5 sec. 1 below, appropriate statement on his/her decision.

6. The Contest is organized as a one-stage Contest.

7. The Contest will commence on May 10, 2022. All Entries must be received by June 10, 2022 in a manner described in sec. 5 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. Proof of sending may not serve as a proof of receipt.

8. 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) 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 keep the Organizer harmless from any claims in relation to their Entry that the Entry infringes the personal or proprietary right of any other person.

9. Each Winners grants to the Organizer a non-exclusive license to publish the Winning Entry on the Website and Organizer’s social media channels, like Facebook, Google +, Instagram, Twitter, and others and to modify the Winning Entries in the scope necessary for such publication.

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 in sec. 9 above.

11. By entering the Contest, the Participant agrees to all the Terms.

12. The Contest will end on June 10, 2022.

§ 3. 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) and other applicable laws on data protection.
  2. The administrator of personal data processed in connection with participation in the Contest is the Organizer of the Contest: 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: 9512364589. The contact details of Organizer’s data protection officer are as follows: Ewa Boboli, [email protected].
  3. Personal data of Participants are processed in order to:
  4. conduct the Contest, including the verification of compliance with the requirements of these Terms, purposes of communicating with Participants, delivering the prizes to the Winners, announcing the Winning Entries and the list of Winners, handling complaints pursuant to § 5 below, pursuing or defending against any claims in connection with the Contest (Article 6 sec. 1 letter f) of GDPR),
  5. comply with legal obligations to which the Organizer is subject, in particular resulting from tax and accounting regulations (Article 6 sec. 1 letter c) of GDPR).
  6. The personal data of the Participants will be processed during the duration of the Contest. In the case of filing a complaint by an Participant, the Organizer shall process such Participant’s data for an appropriately longer period of time required to consider 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 Organizer connected with the Contest.
  7. The personal data are provided voluntarily but are necessary to participate in the Contest. Failure to provide all required personal data by the Participant, will result in the refusal of participation in the Contest or its cancelation.
  8. Organizer 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:
  9. right of access to the personal data, including a right to obtain a copy of such data; 
  10. right to obtain the rectification (correction) of the personal data – in case when such data are inaccurate or incomplete; 
  11. 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; 
  12. 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, defense 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;
  13. 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; 
  14. 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 Organizer.
  15. Participants are entitled to lodge a complaint with a supervisory authority, which is President of Personal Data Protection Office.
  16. 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 Organizer in organizing the Contest in particular entities providing IT, marketing, legal services and postal services.
  17. Participant’s personal data will not be used for profiling or for automated decision-making.
  18. Participant’s personal data will not be transferred outside the European Economic Area (“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]

§ 4. FINAL OF THE CONTEST

1. The jury made up of Organizer’s employees will select 10 (ten) Entries which, in jury’s sole opinion, are the most original and creative (hereinafter referred to as the “Winning Entries”). The Participants who uploaded the Winning Entries are the winners of the Contest (hereinafter as the “Winners”).

2. The Organizer will promptly notify each Winner on winning the Contest by electronic means.

3. Each Winner will be entitled to receive a cash prize in the amount of $400 (four hundred US dollars). The prize will be provided to each Winner via his/her PayPal account. The Winner shall claim the prize within 7 (seven) days from receiving the notification referred to in sec. 2 above, by replying to this notification (the reply shall include acceptance of the prize and provide PayPal account data, if necessary). The Organizer may publish the list of Winners and the Winning Entries on the Website and/or its social media.

4. The Winner is not entitled to transfer his/her claims toward the Organizer to receive the prize to any other person.

5. 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 him/her; (ii) the Winner ceased to meet the conditions to be a Participant; (iii) the Winner breaches these Terms; (iv) the Winner fails to claim the prize in accordance with sec 3 above.

§ 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.

3. The Organizer’s decision on the complaint is final and non-appealable.

§ 6. FINAL PROVISIONS

1. The Organizer reserves the right to change the provisions of the Terms. The Organizer shall promptly inform the Participants about each of the Terms by publishing relevant information on the website referred to in §1 sec. 6 above. In the absence of termination of the Terms by the Participant within 2 days of publishing the information, such a change shall be deemed accepted. Termination of the Terms does not prejudice the rights of the Participant acquired before the termination.

2. The Organizer is not liable for cancellation, changes of deadlines or change of conditions of the Contest as a result of the unpredictable circumstances.

3. Any disputes that may arise between the Organizer and the Participants of the Contest shall be resolved as far as possible by negotiation. In case of no agreement by negotiation, a dispute shall be resolved by a common court having material competence for the registered office of the Organizer. In the event of such a dispute, applies the law of the Republic of Poland.

4. These Terms enter into force on the date of commencement of the Contest.

5. These Terms are governed by the Polish law.

6. The provisions of these Terms are without prejudice to terms of use of the Website.

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