“Passions Made Me Do It” – Terms of Contest

November 24, 2021 by Martyna Stachowiak in Terms & Regulations


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§ 1. GENERAL PROVISIONS

1. These Terms (hereinafter referred to as the “Terms”) refer to a Contest in the field of culture and art organized under the name “Passions made me do it” (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, 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 “Organiser”).

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

4. The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook.

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 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).

§ 2. PARTICIPATION IN THE CONTEST

1. The aim of the Contest is to popularise the products of 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 a full capacity to perform legal acts; (iii) lives in a country to which the Organiser ships its products (full list can be found here: https://displate.com/about-faq) (hereinafter referred to as the “Participant”).

3. Before entering the Contest, each Participant is obliged to read these Terms. The Participant is obliged to follow the rules set out in these Terms and fulfill conditions required to participate in the Contest for the whole duration of the Contest.

4. Employees and co-workers of the Organiser 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 Organiser based on any legal relationship, including 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, Participants must post a comment to the following Contest post published by the Organiser on its official Facebook profile (https://www.facebook.com/displate) “Show us how you understand the phrase “Passions made me do it” in a creative way. It can be a poem, a picture or a drawing, a meme, etc.” (hereinafter referred to as the “Entry”).

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

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 Organiser 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 Organiser, its employees, co-workers, or other representatives indemnified and harmless from any claims, losses, damages, and costs which 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.

8. By submitting an Entry, each Participant grants to the Organiser 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 Organiser’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.

9. If the Entry contains the image of the Participant, by entering this Contest, each such Participant consents to the distribution of his/her image in the scope and during the period described in sec. 8 above. If the Entry contains the image of a person other than the Participant, each Participant hereby warrants that such person consented to the distribution of his/her image in the scope and during the period described in sec. 8 above. The Organiser shall bear no liability connected with the Participant not obtaining the consent of such person and shall be held harmless by the Participant in that respect.

10. Each Participant grants consent to the Organiser to distribute the Entry together with his/her name, last name, and/or pseudonym/nick.

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

12. The Contest will end at 10 PM CET on November 27, 2021.

§ 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 April 27, 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 of the Contest: 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 Organiser’s data protection officer are as follows: Ewa Boboli, [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, purposes of communicating with Participants, promoting the Contest, delivering the prizes, publishing the Entries in accordance with § 2 sec. 8 above – based on consents of the Participants granted by participation in the Contest (Article 6 sec. 1 letter a) of GDPR),

b) handle complaints pursuant to § 5 below (Article 6 sec. 1 letter f) of GDPR);

c) 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);

d) pursue or defend against any claims in connection with the Contest (Article 6 sec. 1 letter f) of GDPR).

4. With respect to sec. 3 letter a – the following personal data will be processed: name, last name, pseudonym/nick, image (in case the Entry contains the image of Participant). The data will be processed for the period necessary to conclude the Contest or until the withdrawal of the consent. Participant has the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. However, withdrawal of consent in the course of the Contest will cause cancelation of participation and therefore, the Participant will not receive any prize.

5. With respect to the purposes indicated in sec. 3 letters b and d – the data will be processed for a period necessary to achieve the purposes of processing – i.e., for period necessary to pursue the legitimate interests taking into consideration the provisions of law specifying such periods.

6. With respect to the purpose indicated in sec. 3 letter c – the data will be processed for a period necessary to achieve the purposes of processing – i.e., for periods necessary to comply with such legal obligations with regard to provisions of law specifying such periods.

7. 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.

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 the 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 a 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 a 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, 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;

e) right to receive or transmit the personal data in 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; 

f) 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.

9. Participants are entitled to lodge a complaint with a supervisory authority, which is the President of the Personal Data Protection Office.

10. 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.

11. Participant’s personal data will not be used for profiling or automated decision-making.

12. Participant’s personal data will not be transferred outside the European Economic Area or to international organizations.

§ 4. FINAL OF THE CONTEST

1. After the end of the Contest specified in § 2 section 11 above, the Organiser will choose 10 (ten) Entries, which, in the Organiser’s sole opinion, are the most creative. The authors of these Entries will be the winners of the Contest in the order determined by the Organiser (hereinafter referred to as the “Winners”). Each Winner will be entitled to receive the prize in the form: of 50% sitewide discount code in a digital form, valid until March 30, 2022 (the discount code is one-time use only and cannot be combined with any other promotions).   

2. The Winners will be announced up to 10 business days after the end of the Contest as specified in § 2 section 12 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 days from the date of public announcement by the Organiser. The discount code will be provided to each Winner in reply to the message referred to in the preceding sentence.

3. The Winner loses the right to receive the prize, and the Organiser 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 Organiser is not able to deliver the prize to the Winner due to the reasons attributable to him/her; (iii) the Winner ceased to meet the conditions to be a Participant; (iv) the Winner breaches § 2 section 7 above.

§ 5. COMPLAINTS

1. Any complaints regarding the Contest procedure should be reported to the Organiser to the e-mail address: [email protected]

2. Complaints shall be investigated within 14 business days of the receipt of the complaint.

§ 6. FINAL PROVISIONS

1. The Organiser reserves the right to change the provisions of these Terms at any time. 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.

2. The Organiser 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.

3. These Terms and the Contest are governed by Polish law.

4. 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 reached by negotiations, a dispute shall be resolved by a common court competent for the registered office of the Organiser.

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

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