Birthday competition - REGULATIONS
COMPETITION RULES ON INSTAGRAM UNDER THE NAME
"Spend birthday with Bobbiny"
§1 General Provisions
- The Organizer of the Competition is the Tomasz Urbaniak company with its registered office at ul. Jana Olbrachta 94A Warszawa 01-102 identified with the NIP number 5252203113, REGON 017205074, hereinafter referred to as the "Organizer".
- The competition is conducted on the terms described in these Regulations in accordance with generally applicable provisions of Polish law.
- The competition starts on May 27, 2024. time. 11:00 and ends on June 17, 2024. at. 11:00 (CEST).
§2. Participants and rules of the Competition
- Participation in the Competition is voluntary and free of charge.
- The Competition may be participated by a natural person (consumer within the meaning of Article 22 of the Civil Code), from now on referred to as the Participant, who:
a) has read these Regulations and accepted their content, and consented to the processing of personal data to conduct the Competition by registering to participate in the Competition
b) is over 18 years of age and has total legal capacity;
c) has a public account (profile) on Instagram,
d) complete the Competition Task.
- Only a person who meets the conditions specified in §2 may participate in the Competition—paragraph 2 of the Regulations.
- Employees and associates of the Organizer are excluded from participating in the Competition.
- To take part in the Competition, during its duration, the Participant will complete the Competition Task consisting of:
• posting on Instagram on public account about the 10th Birthday of Bobbiny and marking the competition entry with the hashtag: #Bobbiny10thBirthday and marking the Organizer's account.
• Comments on the competition post on the Organizer's profile.
• Will share the Organizer's competition post on their InstaStories.
- Completion of the Competition Task means posting on Instagram by the Competition Participant a photograph that can be posted on Instagram and is compliant with the platform's regulations.
- Only Participants who will complete the Competition Task during the Competition will participate.
- The Participant may participate in the Competition only 1 (in words one) time.
- The Organizer reserves the right to remove and not include in the Competition completed Competition Tasks whose authors:
a) they do not act on their behalf, but through third parties,
b) operate from fictitious accounts/profiles on Instagram;
c) create fictitious accounts/profiles on Instagram (they have no posts on the profile, they have no followers);
d) violate Instagram's terms and conditions.
e) used in the Competition Task words generally considered offensive, pornographic content, content promoting racial, ethnic, and religious hatred or discriminating against social groups, violated the personal rights of persons, third parties, or the Organizer.
§ 3 Rights to completed Competition Tasks
- The Participant ensures that the completed Competition Task will not violate any rights or goods of the Organizer, persons, and third parties.
- The Participant declares that they are entitled to exclusive and unlimited copyrights to the completed Competition Task, that the completed Competition Task is not burdened with any third-party rights, and the work has not been previously published anywhere.
- Under Art. 921 § 3 of the Civil Code, the Organizer reserves the right, upon issuing the Prize, to acquire a non-exclusive license to the Competition Task awarded in the Competition without time and territorial limits. The awarded Competition Participant (Winner) grants the Organizer a non-exclusive license to the awarded Competition Task in the following fields of use:
a) Organizer's Social Media
§4. Prizes and selection of winners
- To ensure the correct conduct of the Competition, the Organizer will appoint a 2-person Commission, from now on referred to as the Competition Commission. The tasks of the Competition Committee will include supervising the correct course of the Competition, making decisions on all issues related to the Competition, including the interpretation of the provisions of these Regulations, and selecting the Participants who will be awarded Prizes (from now on referred to as the Winners). The Commission's final decisions do not deprive the Participant of the right to pursue claims under the law.
- After the end of the Competition, the Competition Committee will evaluate the Competition Tasks completed by the Participants and select 5 (in words: five) winners among the Participants who, in the opinion of the Competition Committee, will perform the Competition Task in the most attractive, original and creative way.
- 3. The competition winners will be awarded the following prizes:
a) 1st Prize – Mystery box worth 500 PLN
b) 2nd Prize – Mystery box worth 350 PLN
c) 3rd Prize – Mystery box worth 350 PLN
d) 4th Prize – Mystery box worth 350 PLN
e) 5th Prize – Mystery box worth 350 PLN
- Prizes are exempt from personal income tax under Art. 21 section 1 point 68 of the Personal Income Tax Act.
- The Commission will finish selecting the Winners no later than June 17, 2024. at. 11:00 Polish time. The Competition Winners will be informed about receiving the Prize by posting a list of Winners indicating the Organizer's name on Instagram (@hello_bobbiny) no later than June 17, 2024.
- Information about winning the Competition will be sent to the Winners in a private message on Instagram.
- The condition for receiving the Prize is that the Winner provides the Organizer, within 14 days from the date of sending by the Organizer, with the information necessary to deliver the Prize, including in particular name, surname, e-mail address, and correspondence address.
- If the Winner fails to submit within the time limit and on the terms specified in section 7 above the data necessary to transfer the Prize, the Competition Committee will select the next Participant to receive a given Prize.
- The Organizer is not responsible for failure to deliver the Prize to the Participant if the inability to deliver the Prize resulted solely from the Participant's failure to provide the data required to produce the Prize or by providing incorrect or inconsistent data.
- Each Prize will be sent once by the Organizer to the address indicated by the Winner within seven days from the date of sending by the Winner in response to information about the Prize awarded, all data enabling the shipment of the Prize.
- The founder of the Prizes is the Competition Organizer.
- The Winner cannot transfer the rights to the awarded Prize to a third party.
- The Winner can waive the right to the Prize awarded to him by submitting an appropriate written declaration to the Organizer.
- In the Competition, you can receive the Prize only 1 (in words: one) time.
- The Prize will be sent to the Participant at the Organizer's expense.
- The Participant has no right to request the Prize be exchanged for a cash prize.
§5. Personal data
- The administrator of the Participants' data is the Organizer. Correspondence address: ul. Jana Olbrachta 94A 01-102 Warszawa and to the e-mail address hello@bobbiny.com
- The basis for processing personal data is Art. 6 sections one letter a GDPR, the Participants' consent to participate in the Competition, and Art. 6 sections one letter f, i.e., the administrator's legitimate interest, particularly in examining complaints and pursuing claims.
- Participants' data will be processed to the extent and for the purpose necessary to conduct the Competition, select the Winners, consider any complaints, and, in the case of Winners, also notify about the award of the Prize and issue the Prize.
- Providing personal data is voluntary. However, it is a condition for issuing the Prizes to the Winners or submitting a complaint regarding identification and address data.
- Personal data will be stored for the duration of the Competition and after its completion until the limitation period for any claims expires, or the obligation to store data resulting from legal provisions expires, no longer than five years from the end of the calendar year in which the Competition was held.
- The Organizer realizes the rights of data subjects, i.e., access to the content of their data and the right to rectify, delete, limit their processing, and transfer data.
- In the case of personal data processing based on consent, the Participant has the right to withdraw consent at any time, and the withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. Withdrawal of consent requires electronic notification to the e-mail address hello@bobbiny.com
- The recipients of the data are entities with which the Organizer cooperates in accounting and tax services, public authorities, particularly the National Tax Administration, and law enforcement authorities, on the basis and within the limits of the law.
- Personal data is not processed automatically or subject to profiling.
§ 6. Complaints
- Competition participants have the right to submit a written complaint with the note "Complaint: 'Spend birthday day with Bobbin' competition" to the e-mail address hello@bobbiny.com or the Organizer's correspondence address: ul. Jana Olbrachta 94A 01-102 Warszawa related to the course of the Competition during its duration, as well as up to 14 days after the end of the Competition.
- The letter containing the complaint should indicate the name and surname of the Participant and the correspondence address to which the response to the complaint will be sent.
- The Organizer will provide the Participant with a response to the complaint within 14 days by registered letter sent to the address provided in the letter containing the complaint.
- The Organizer's negative consideration of the Participant's complaint does not exclude the Participant's right to pursue claims under generally applicable law provisions, including through court proceedings.
§7. Final provisions and technical information.
- The Regulations enter into force on May 27, 2024.
- The Competition is not a promotional lottery within the meaning of Art. 2 section 1 point 9 of the Act on Gaming and Betting of July 29, 1992 (Journal of Laws of 2004, No. 4, item 27, as amended) and is not subject to the rules contained in those mentioned above—act and implementing regulations to this Act.
- The Competition Organizer is not responsible for a potential Participant's inability to send the completed Competition Task for reasons solely attributable to the Participant.
- The Competition Regulations are available during the Competition via the Internet public IT network at the URL address __________ and at the Organizer's office.
- The Organizer makes every effort to amicably settle any disputes that may arise regarding the conduct of the Competition.
- The court with local and subject-matter jurisdiction by law provisions is competent to resolve disputes.
- This Competition is not organized, sponsored, administered, endorsed, or associated with Instagram.
- The Organizer is solely responsible for conducting the Competition, and the Participants agree to release Instagram from any liability that may arise in connection with organizing it.
- Changing the Regulations requires publishing and informing the Participants about the changes made by the Organizer. Changes may be made only to adapt the Regulations to the standards of applicable law.