§ 1. GENERAL PROVISIONS
1. This Terms (hereinafter referred to as the “Terms”) refer to a Contest organized under the name “Storage Sleeve” (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 (hereinafter referred to as the “Terms”) 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 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 registered office and on the following website: https://blog.displate.com/storage-sleeve-contest.
§ 2. PARTICIPATION IN THE CONTEST
- The aim of the Contest is to popularize the products of the Participants and the Organizer.
- The Contest is of open character, provided that each participant must meet jointly the following conditions: (i) finished 18th year of age, and (ii) has a full capacity to perform legal acts.
- Before entering the Contest, each Participant is obliged to read and accept the contents of these Terms. The Participant is obliged to follow the rules set out in Terms, as well as to fulfill conditions required to participate in the Contest.
- 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.
- To enter the Contest, each Participant must send to the following dedicated email address: [email protected] a project of a graphic design of a storage sleeve (a special packaging for Displates protecting them from scratching and other damage. It is a default packaging form for all Displate Club subscribers.) used by the Organizer to wrap its products purchased by the clients (hereinafter referred to as the “Entry”).
- Each Entry must meet the following technical requirements and Organizer’s visual guidelines:
- To use only 3 colors: black, white, and blue (C97M20Y0K0 if possible).
- Submit artwork in two sizes, for M- and L-sized storage sleeves.
- Submissions sent in PDF format (CMYK, 300 dpi), project file should be open and not flattened.
- Each Participant can submit only one Entry.
- The Contest is organized as a two-stage contest.
- All Entries must be delivered by July 31st 2022 in a manner described in sec. 5 above. The Organizer accepts no responsibility for any Entries that are incomplete, illegible, not compliant with the specifications or guidelines described in sec. 6 above, 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.
- 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.
- By submitting an Entry, each Participant grants to the Organizer a royalty-free, non-exclusive license to use, edit, publish, translate, modify, adapt, distribute the Entry (and any copyrightable works incorporated thereto) for marketing purposes and for the purpose of carrying out the Contest on the following field of exploitation: (i) 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 on the Landing Page (as defined below) or in any media now known including on Organizer’s website and social media channels, like Facebook, Google +, Instagram, Twitter, TikTok and others. The license is granted without territorial restrictions for unlimited period of time.
- 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. 9 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. 9 above. The Organizer 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.
- By entering the Contest, Participant agrees to and accepts all the provisions of the Terms.
- Contest will end on 18th of August 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 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.
- 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, 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].
- 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, publishing the Entries in accordance with § 2 sec. 11 above – on the basis of 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).
- With respect to sec. 3 letter a – the following personal data will be processed: name, last name, pseudonym/nick, e-mail address, image (in case the Entry contains the image of Participant). The data will be processed for period necessary to conclude the Contest, conduct activities described in § 4.2 sec. 8 below or until 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 Contest will cause cancelation of participation.
- 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.
- 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.
- 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.
- 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:
- 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, 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;
- 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 Organizer.
- Participants are entitled to lodge a complaint with a supervisory authority, which is President of Personal Data Protection Office.
- 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.
- Participant’s personal data will not be used for profiling or for automated decision-making.
- Participant’s personal data will not be transferred outside the European Economic Area or to international organizations.
§ 4. STAGES OF THE CONTEST
§ 4.1. FIRST STAGE OF THE CONTEST
- Until 31st of July 2022 the jury made up of Organizer’s employees will select up to 30 Entries which, in jury’s sole opinion, are the most original and creative (hereinafter referred to as the “Final Entries”).
- The Organizer will notify the Participants whose Entries were selected as the Final Entries in accordance with sec. 1 above of such selection, by providing a message to the e-mail address from which the relevant Participant send his/her Entry or by an administrative panel on the Participant’s account on the Organizer’s website www.dispate.com.
§ 4.2. SECOND (FINAL) STAGE OF THE CONTEST
- On the 5th of August, the Organizer will publish the Final Entries on dedicated landing page (hereinafter referred to as the “Landing Page”).
- The Landing Page will provide the functionality allowing the visitors to the Landing Page to vote on the most original and creative, in their view, Final Entry (hereinafter referred to as the “Voting”).
- The Organizer will announce the start of the Voting by 5th of August 2022.
- The Voting will last from 5th of August till 15th of August 2022.
- The winner of the Contest will be a Participant whose Final Entry receives the highest number of votes in the Voting (hereinafter referred to, respectively, as the “Winner” and “Winning Entry”).
- The Organizer will notify the Winner about winning the Contest, by providing a message to the e-mail address from which the relevant Participant send his/her Entry or by an administrative panel on the Participant’s account on the Organizer’s website www.dispate.com, within 11 days from the end of the Voting.
- The Organizer will manufacture (or order manufacturing of) up 350 000 storage sleeves in accordance with the design presented in the Winner Entry and distribute such storage sleeves to the Organizer’s clients until the whole inventory is used. The storage sleeves referred to in the preceding sentence will also include information that the storage sleeve was designed by the Winner and will include Winners name, last name/nickname, logo (hereinafter referred to as the “Logos”).
- The prize of the Winner will be the marketing and advertising of the Winner and his/her artistic activity by distribution of the storage sleeves with the Winning Entry in accordance with sec. 7 above. The Winner is not entitled to any other prizes for winning the Contest (e.g. material and financial prizes) as well as to any remuneration, commissions or royalties in connection with use and distribution of the Winning Entry in accordance with sec. 9 below.
- The Winner grants to the Organizer a royalty-free, non-exclusive license to use, edit, modify, adapt, distribute the Winning Entry (and any copyrightable works incorporated thereto) within the scope described in sec. 8 above, on the following fields of exploitation:
- a) fixing and reproducing the Winning Entry in any way, including production of copies by any technique, including printing, reprographic, magnetic recording and digital techniques;
- b) circulating the original or copies on which Winning Entry have been fixed, including putting into circulation, lending and renting the original or copies;
- c) distributing the Winning Entry, including public display, screening and making the Winning Entry available to public in a manner allowing anyone to access it in a place and time selected by that person;
- d) translating, adapting, reorganizing or making any other changes to the Winning Entry or any parts thereof.
- The license referred to in sec. 9 above also includes the right to exercise of a derivative copyrights and the right to authorize the exercise of a derivative copyrights in relation to the Winning Entry in the fields of exploitation indicated in sec. 9 above.
- The license referred to in sec. 9 above, is granted for unlimited period of time without territorial restrictions.
§ 5. COMPLAINTS
- Any complaints regarding the Contest procedure should be reported to the Organizer to the e-mail address [email protected].
- Complaints shall be investigated within 14 business days of the receipt of the complaint.
§ 6. FINAL PROVISIONS
- 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. 7 above. In the absence of a 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.
- The Organizer is not liable for cancellation, changes of deadlines or change of conditions of the Contest as a result of the unpredictable circumstances.
- These Terms and the Contest are governed by the Polish law.
- 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.
- These Terms enter into force on the date of commencement of the Contest.