§1. GENERAL PROVISIONS
- These Terms (hereinafter referred to as the “Terms”) refer to a Contest in the field of culture and art organized under the name “Displate Birthday Contest” (hereinafter referred to as the “Contest”).
- The Contest is organized by 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 (Tax Identification Number) 9512364589 (hereinafter referred to as the “Organizer”).
- The Contest is organized on the territory of the Republic of Poland.
- The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook.
- 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 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).
- The aim of the Contest is to popularize the products of the Organiser.
§2. PARTICIPATION IN THE CONTEST
- The Contest is of open character, provided that each participant must meet the following conditions jointly: (i) finished 18th year of age, (ii) has a full capacity to perform legal acts; (iii) lives in a country to which the Organizer ships its products (a full list can be found here: https://displate.com/about-faq) (hereinafter referred to as the “Participant”).
- Before entering the Contest, each Participant is obliged to read these Terms. By entering the Contest, Participant agrees to these Terms. The Participant is obliged to follow the rules set out in this Terms and fulfill the conditions required to participate in the Contest for the whole duration of the Contest.
- Employees and co-workers of the Organizer and their close relatives are not allowed to participate in the Contest. “Employees and co-workers” shall mean the persons who render services to the Organizer based on any legal relationship, including employment relationship or a civil law agreement. A “close relative” shall mean the descendants, ascendants, spouses, siblings, and persons remaining in an adoptive relationship.
- To enter the Contest, Participants must post a comment to the following Contest post published by the Organizer on its official Facebook profile (https://www.facebook.com/displate) “Tell us why dis plate is better than dat plate.” (hereinafter referred to as the “Entry”).
- The Contest is organized as a one-stage Contest.
- By entering this Contest, each Participant confirms and warrants that their 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, its employees, co-workers, or other representatives indemnified and harmless from any claims, losses, damages, and costs that may be incurred by the Organizer, its employees, co-workers, or other representatives as a result and/or in relation to an Entry which infringes the personal or proprietary rights of any other person.
- By submitting an Entry, each Participant grants to the Organizer a royalty-free, non-exclusive license 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 Organizer’s website and social media channels, like Facebook, Instagram and Twitter, and others, for a duration of the Contest and an unlimited period from the end of the Contest.
- Each Participant grants consent to the Organizer to distribute the Entry together with their name, last name, and/or pseudonym/nick.
- The Contest will end at 10 PM CEST on May 15, 2022.
§3. PERSONAL DATA
- The processing of Participants’ personal data shall be in accordance with the Regulation of the European Parliament and the Council (EU) 2016/679 from April 27, 2016, on the protection of natural persons with regard to the processing of personal data (GDPR).
- The controller of personal data processed in connection with participation in the Contest is the Organizer: 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 the Organizer’s data protection officer are as follows: Ewa Boboli, [email protected].
- Personal data of Participants are processed to:
- Conduct the Contest, including the verification of compliance with the requirements of the Terms, purposes of communicating with Participants, promoting the Contest, delivering the prizes, publishing the Entries in accordance with § 2 sec. 7 above, handle complaints pursuant to § 5 below, pursue or defend against any claims in connection with the Contest – based on consents of the Participants granted by participation in the Contest (Article 6 sec. 1 letter f) of GDPR),
- 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);
- The Participants’ personal data will be processed during the Contest duration. In the case of filing a complaint by a Participant, the Organizer shall process such Participant’s data for an appropriately longer period of time required to investigate the complaint or 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.
- 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.
- Organizer ensures that all persons whose personal data are being processed are entitled to use their rights resulting from GDPR. With regards to such, Participants are entitled to the following rights:
- right of access to the personal data, including a right to obtain a copy of such data;
- right to obtain the rectification (correction) of the personal data – in the case when such data are inaccurate or incomplete;
- right to obtain the erasure of the personal data (so-called “right to be forgotten”) – in the 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;
- right to obtain the restriction of processing of personal data – in the 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 the processing of the personal data – pending the verification whether the legitimate grounds of the controller override those of the data subject;
- right to receive or transmit the personal data in the case when: (i) the processing is based on an agreement concluded with data subjects or on consent expressed by such person, and (ii) the processing is carried out by automated means;
- right to object to the processing of personal data, including profiling, when (i) grounds relating to a particular situation arise, (ii) processing of personal data is based on the necessity to pursue purposes resulting from legitimate interests of the Organizer.
- Participants are entitled to lodge a complaint with a supervisory authority, i.e., the President of the Personal Data Protection Office.
- The recipients of the 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.
- Participants’ personal data will not be used for profiling or automated decision-making.
- 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. In case the Winner indicates the delivery address for the prize outside the EEA, in order to process the delivery of the prize, their personal data may be provided to the delivery service provider located outside the EEA. 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
- After the end of the Contest specified in § 2 section 9 above, the Organizer will choose 9 (nine) Entries, which, in the Organizer’s sole opinion, are the most creative. The authors of these Entries will be the Contest winners (hereinafter referred to as the “Winners”). Each Winner will receive the following prize: an M-size Displate chosen by the Winner from the website displate.com (excluding, however, Displates available in the Comic/Games Worlds section https://displate.com/browse-brands).
- The Winners will be announced up to 10 (ten) business days after the end of the Contest as specified in § 2 section 9 above. The Winners will be announced publicly in the comment under the Contest post. The Winner then must contact the Organizer via Facebook private message to claim their prize within 7 (seven) days from the date of public announcement by the Organizer. Such message shall indicate Displate selected in accordance with section 1 above and provide shipping information for the purpose of its delivery.
- 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 Winner fails to claim the price in accordance with section 2 above within the deadline specified therein; (ii) the Organizer is not able to deliver the prize to the Winner due to the reasons attributable to them (e.g., the Winner provided incorrect shipping address, the Winner did not pick up the shipping); (iii) the Winner ceased to meet the conditions to be a Participant; (iv) the Winner breaches § 2 section 6 above.
- Any complaints regarding the Contest procedure should be reported to the Organizer at the e-mail address: [email protected].
- Complaints shall be investigated within 14 (fourteen) business days of the receipt of the complaint.
- The Organizer’s decision on the complaint is final and non-appealable.
§6. FINAL PROVISIONS
- The Organizer reserves the right to change the provisions of these Terms at any time. The Organizer 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 Organizer 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 Organizer is not liable for cancellation, changes of deadlines, or change of conditions of the Contest as a result of 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 Organizer 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 reached by negotiations, a dispute shall be resolved by a common court competent for the registered office of the Organizer.
- These Terms enter into force on the date of commencement of the Contest.