REGULATION OF COMPETITION „FUSSOLOGY CONTEST”

§ 1       General provisions

  1.       The organizer of the competition by the name FUSSOLOGY CONTEST (hereinafter referred to as "the Competition") and the sponsor of the awards in the Competition is the Polish company Nowy Samochód S.A. with its registered office in Warsaw, ul. Zbyszka Cybulskiego 3, 00-725 Warsaw, entered into the Register of Entrepreneurs - National Court Register under the number KRS 506610, having NIP 5213670388, REGON 147203781, share capital in the amount of PLN 1,000,000.00 (one million PLN 0/100), paid in the whole, hereinafter collectively referred to as the "Organizer".
  2.       Participation in the Competition is possible from  1.10.2019 r. to 7.12.2019 r. subject to the provisions of § 2 point 1 below
  3.       The results of the Competition (announcement of winners) will be published no later than 8.12.2019
  4.       The competition will take place in accordance with these regulations (hereinafter referred to as the "Regulations"). The Regulations constitute a legally binding document regulating the terms and conditions on which the Competition will be conducted. All other information materials, including advertising and marketing are for reference only.
  5.       The purpose of the competition is to promote the Soft99 brand.
  6.       The competition is organized on the territory of the Republic of Poland in accordance with applicable Polish law.

§ 2   Conditions for participation in the Competition

  1.       The competition is open to all interested natural persons who buy 1.10.2019 r. to 30.11.2019 r at least one set of Soft99 products authorizing them to participate in the Competition, i.e.

a)      PROTECTION SET: Fusso Coat + Ultra Glaco

or

b)      ULTIMATE SET: Fusso Coat + Ultra Glaco + Glaco Glass Compound + Fusso Coat Speed ​​& Barier

for private purposes, i.e. not related to running a business.

  1.       The purchase referred to in item 1 above must be made in a store (stationary or online) run by the Organizer or Organizer's Official Partner
  2.       Subject to the content of point 7 below, a participant in the Competition (hereinafter referred to as "Participant") may be any natural person who is a consumer within the meaning of Art. 22 (1) of the Polish Civil Code, which at the latest on the day of the Competition's start meets the following conditions:

a)      has a place of residence and an address for service on the territory of Europe / one of the countries in which the Organizer's Official Partner operates;

b)      read the Regulations and accepts its provisions;

c)      is at least 18 years old;

d)      has full legal capacity.

  1.       Participation in the Competition is voluntary. The participant has the right to resign from participation in the Competition at any time before receiving information about the prize from the Organizer.
  2.       The Participant, when entering the Competition, should read the regulations. By entering the Competition, the Participant undertakes to comply with the rules contained in the Regulations. Sending the application to the Competition means that the Participant simultaneously accepts the provisions of the Regulations.
  3.       In order to participate in the Competition, the Competition Participant should have a properly configured device with Internet access, with a web browser installed.
  4.       Application for participation in the Competition must be made in the manner indicated in the Regulations. Applications that do not meet the conditions set out in the Regulations will not be considered in the Competition.
  5.       Employees and representatives of the Organizer, family members of employees and representatives of the Organizer, or other persons participating in the preparation of the Competition may not participate in the Competition.
  6.       Each Participant may participate in the Competition many times, provided that each time he meets all the conditions of participation in the Competition, referred to in the Regulations.

§ 3       Submission to the Competition

  1.       The condition of participation in the Competition is the purchase of at least one set of Soft99 products entitling to participate in the Competition, i.e. Fusso Coat + Ultra Glaco or Fusso Coat + Ultra Glaco + Glaco Glass Compund + Fusso Coat Speed ​​& Barrier  from the Organizer or  Organizer’s Official Partner in the period from 1.10.2019 to 30.11.2019 and retaining the original document confirming the purchase, including, for example, a receipt.
  2.       Registration for the Competition may take place only after the purchase referred to in point 1 above. The moment of purchase (date and time shown on the proof of purchase) cannot be later than the moment of sending the application to the Competition.
  3.       In order to register for the Competition, the Participant should:

a)      make a purchase in accordance with point 1 of the Regulations above and keep the original document confirming this purchase;

b)      perform a competition work (hereinafter: "Competition Work") consisting of a photo/photos showing effect of using any Soft99 product with the product visible in the photo.

c)      submit a Competition Work between 1.10.2019 and 30.11.2019 incl. by completing the form available at www.protection.soft99.eu

  1.       The notification referred to in 3. (c) above includes:

a)      providing necessary personal data of the Competition participant (name and surname, home address, e-mail address),

b)      sending the Competition Work,

c)      reading the Regulations and accepting them by submitting a statement saying "I confirm that I have read the Competition Regulations FUSSOLOGY CONTEST and accept its provisions and undertakes to comply with them",

d)      consent to the processing of personal data for the purposes of the Competition, which reads as follows: "I agree to the processing of my personal data by the Organizer for the purpose of conducting the competition FUSSOLOGY CONTEST. I provide my personal data voluntarily and declare that it is true. I have read the content of the information clause, including information about the purpose and methods of processing personal data and the right to access my data and modify it. "

  1.       Expressing the consents referred to in item 4. (c) and (d) above is entirely voluntary, however, the lack of any of them will prevent a given person from taking part in the Competition.
  2.       Only Competition Works that may be submitted to the Competition are:

a)      related to the subject of the Competition,

b)      submitted during the Competition,

c)      about which the Participant has copyrights,

d)      not containing images of any persons,

e)      not containing third party trademarks, advertising messages or promotions.

  1.       The Participant declares that his Competition Work does not present any content that is against the law or decency, does not violate the rights of third parties, does not incite violence, intolerance, does not contain profanity or advertising content of third parties.
  2.       The Participant providing data necessary to participate in the Competition should exercise due diligence, including in particular complete and true data in order to enable the Organizer to verify the registration of such a Participant and in the event of winning also to fulfill other obligations arising from applicable regulations.

§ 4   Award of Prizes

  1.       In order to ensure proper course of the Competition, including in particular verification of correctness of the Participants' applications and to select the winners of the Competition, the Organizer shall appoint a competition committee (hereinafter "the Commission"), which will include 3 (three) representatives of the Organizer.
  2.       The Commission will evaluate the Competition Works, taking into account, in particular, but not exclusively, their originality, creativity, ingenuity and compliance with the subject of the Competition.
  3.       Prizes in the Competition to be awarded by the Commission to selected winners are:

a)      3) (three) prizes in the form of a Vespa Primavera Scooter with a capacity of 50 cm3 with a value of 11 866 PLN each.

b)      5 (five) sets of Soft99 products with a value of 297,11 PLN each

c)      25 (twenty-five) Soft99 hoodies of the value 177,00 PLN each.

  1.       For each of the prizes, the Organizer will grant an additional cash prize in the amount corresponding to the flat-rate personal income tax for winning the Competition constituting 11.11% of the value of the given prize. The cash prize is not payable, but will be deducted by the Organizer and intended for payment of income tax due.
  2.       As the payer of a flat-rate personal income tax, the organizer will calculate, collect and transfer income tax to the competent authority before sending the prizes to the winners.
  3.       The results of the Contest will be announced on 8.12.2019 on the Organizer’s social channels @Soft99Polska and @Soft99Europe, with the Organizer notifying the winners of the prize by e-mail.
  4.       The winner is obliged within 7 calendar days of sending an e-mail which informed about winning to send the Organizer all documents / information necessary to receive the prize and fulfill the tax obligations by the Organizer.
  5.       Failure to meet the deadline referred to in par. 7 above, providing incorrect data regarding the Participant will result in the loss of the right to the prize. In such a situation, the prize is at the Organizer's sole disposal, including the Organizer has the right to award the prize to the next Participant indicated by the Commission.
  6.       It is not possible to transfer the prize to a third party.
  7.     The organizer reserves the right to verify personal details of the winner, including to identify him, as well as verify the proof of purchase referred to in § 3 pt 1 before the prize is issued.

 

§ 5       Intellectual property rights to Competition Work

 

  1.       By participating in the Competition, the Participant declares that he is the sole creator of the Competition Work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, and that he has all the property rights to the Competition Work.
  2.       The Organizer acquires from the Participant the right to use the Competition Work submitted by the Participant in exchange for the right to participate in the Competition, on the basis of a non-exclusive license.
  3.       The license referred to in par. 2 above is granted without time, territorial and quantitative restrictions, together with the right of sub-license, in the following fields of exploitation:

a)      in the scope of recording and reproduction of the work (Competition Work) and its studies - production by any technique, including printing, reprographic, magnetic recording and digital technique,

b)      within the scope of trading the original of the work (Competition Work) and its elaborations or copies on which the work (Competition Work) has been recorded - placing on the market, lending or renting the original or copies,

c)      in the scope of dissemination of the work (Competition Work) and its studies in a different way than described in points (a) and (b) above - public performance, exhibition, display, reproduction, public access to the work in such a way that everyone can have access to it in a place and time of their choice, including re-broadcasting, dissemination in the press, the Internet, on social networks, on posters and in all other forms of communication, promotion and advertising.

  1.       The organizer is entitled to use the Competition Works to conduct the Competition and for their own advertising and promotional purposes.
  2.       The participant agrees and authorizes the Organizer to exercise dependent rights to the Competition Works and dispose of these rights. The organizer or a third party indicated by him is entitled to make the necessary changes and alterations, combining with other works.
  3.       Upon the award of the Competition winner, the Organizer acquires all rights, including copyrights, to the winning Competition Work constituting the work, without any territorial, time or quantity restrictions, in the following fields of use:

a)      in the field of recording and reproduction of the work (Competition Work) and its development - production by any technique, including printing, reprographic, magnetic recording and digital technique,

b)      in the scope of trading in the original of the work (Competition Work) and its elaborations or copies on which the work (Competition Work) has been recorded - placing on the market, lending or renting the original or copies,

c)      in the scope of dissemination of the work (Competition Work) and its studies in a different way than described in points (a) and (b) above - public performance, exhibition, display, reproduction, public access to the work in such a way that everyone can have access in a place and time of his choice, including rebroadcasting, dissemination in the press, the Internet, on social networks, on posters and in all other forms of communication, promotion and advertising,

d)      in the scope of making changes and modifications of the work (Competition Entry) in whole or in part and carrying out its development in whole or in part, including alterations, changes and adaptations of the whole or part,

e)      in the scope of anonymous dissemination of the awarded work (Competition Work), deciding on its first public disclosure and supervision over the use of the work,

f)       performing and using the work (Competition Work),

g)      use in all forms of communication, promotion or advertising of the Organizer.

  1.       The winner authorizes the Organizer to exercise his personal copyright in the anonymous dissemination of the winning Competition Work, in deciding on its first public disclosure and overseeing the use of it. The winner also undertakes that he will not exercise his personal copyright to the Competition Work.
  2.       The Organizer is entitled to exercise the dependent rights to the winning Competition Work in the fields of exploitation indicated in point 6 above, i.e. to make any changes and modifications to the Competition Work in whole or in part and to make its studies in whole or in part, and to allow such modifications, changes and studies by third parties.
  3.       The organizer has the right to disseminate the Competition Works during and after the Competition. Non-dissemination of Competition Works by the Organizer does not result in the return of the rights referred to above to the creator (given Participant).
  4.     The Participant declares that he has read the purpose specified in the Regulations for which the winning Competition Entries will be used and fully accepts it. If necessary, the winner, at the request of the Organizer, undertakes to make appropriate statements or conclude agreements with the Organizer confirming the successful transfer of all proprietary copyrights to the winning Competition Entry.
  5.     The organizer is entitled to further dispose of the acquired copyrights to the winning Competition Entries.
  6.     Contest Participants, apart from being entitled to participate in the Contest and receiving the prize, shall not be entitled to any other claims to the Organizer for the granting of a license or transfer of copyrights in accordance with this § 5.

 

§ 6       Personal data

In accordance with art. 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (hereinafter referred to as "GDPR") ), the Organizer informs that:

  1.       The administrator of the Participants' personal data is the Organizer, i.e. the Polish company Nowy Samochód S.A. with its registered office in Warsaw, ul. Zbyszka Cybulskiego 3, 00-725 Warsaw, entered into the Register of Entrepreneurs - National Court Register under the number KRS 506610, having NIP 5213670388, REGON 147203781, share capital in the amount of PLN 1,000,000.00 (one million PLN 0/100), paid in whole;
  2.       each Competition Participant may contact the Organizer by phone at +48 691 344 348 or email: info@soft99.eu;
  3.       The Organizer processes the personal data of the Participants only to the extent necessary to:

a)      preparing, conducting and implementing the Competition in accordance with the Regulations, based on the consent referred to in art. 6 clause 1 lit. (a) GDPR, including acceptance and verification of the Participant's application, evaluation of the Competition Works, selection of the Competition winners, issuing (sending) of awards, announcement of the Competition results,

b)      to the extent that the processing of Participants' personal data results from mandatory legal provisions (including those regarding tax settlements), the basis for processing is Art. 6 clause 1 lit. (c) GDPR and

c)      implementation of the Organizer's legally justified interest in considering possible complaints, pursuant to art. 6 clause 1 lit. (f) GDPR;

  1.       For the purposes of the Competition, the following personal data of the Participants are processed: name and surname, e-mail address and, in the case of winners, also the data necessary for correct tax settlements - the scope of which is determined by mandatory provisions of law;
  2.       Personal data of Competition Participants will be deleted or anonymized by the Organizer within 60 days from the date of announcement of the results of the Competition. The expiry of this period does not, however, deprive the Participant of the right to lodge a complaint or submit a claim in another mode;
  3.       Personal data of the winners of the Competition (Participants selected by the Competition Committee) will be deleted or anonymized in accordance with point 5 above, with the exception of personal data that will be necessary for the Organizer to meet his obligations arising from the mandatory provisions (including tax obligations, any claims regarding the guarantee, warranty and awarding prizes in accordance with the Regulations);
  4.       Personal data of Participants may be processed by the Organizer longer than indicated in points 5 and 6 above if it is necessary to consider the complaint or other form of claims submitted by the Participant, as well as for the purposes of any court or administrative proceedings;
  5.       Personal data of the Participants are protected by technical and organizational measures that guarantee an adequate level of protection;
  6.       Participants' personal data will not be used for automated decision making, including profiling;
  7.     Each Competition Participant has the right to:

- obtain information on the processing of personal data, including the categories of data processed and any recipients of such data,

- request access to personal data,

- request their rectification, removal or limitation of processing,

- transfer personal data within the limits set by law,

- object to the processing based on the legitimate interest of the Organizer

- to lodge a complaint with the President of the Office for Personal Data Protection, ul. Stawki 2, 00-193 Warsaw if it finds that the processing of personal data violates the provisions of the GDPR;

  1.     Providing personal data is voluntary, however, failure to do so prevents participation in the Competition;
  2.     If necessary, the Organizer may provide personal data of Participants in connection with the implementation of the Competition to the following categories of entities:

- persons authorized by the Organizer, its employees and associates who must have access to data to perform their duties related to the organization and conduct of the Competition,

- processing entities to which the Organizer will commission this task, e.g. companies dealing with the operation of ICT systems or providing ICT tools, companies providing consultancy services to the Organizer, courier companies,

- public entities, if this results from an obligation imposed by law;

  1.     Personal data of Participants will not be transferred by the Organizer to a third country, including outside the European Economic Area.

 

§ 7       Complaint proceeding

  1.       Complaints may be submitted within 14 days of the end of the Competition.
  2.       The date of submitting the complaint is determined by the date of the postmark, the date of registering the receipt of the email containing the complaint on the Organizer's server or the date of receipt of the oral complaint at the Organizer's headquarters.
  3.       Complaints related to the Competition may be sent in writing, by e-mail to the email address: info@soft99.eu or orally for the record at the seat of the Competition Organizer.
  4.       The complaint should include the name and correspondence address of the person submitting the claim, as well as a detailed description of the reason for the complaint and the reported claim.
  5.       Consideration of the complaint and notification of its settlement will take place within 14 days from the date of delivery of the complaint.
  6.       After the complaint procedure has been exhausted, the Participant shall have the right to pursue claims on the basis of and in accordance with generally applicable law.

§ 8       Final provisions

  1.       The content of the Regulations is available on the website [...] and at the headquarters of the Organizer. The organizer reserves the right to amend the Regulations, if it does not affect the deterioration of the conditions of participation in the Competition, as well as to terminate the Competition or end it at any time, without giving reasons.
  2.       The competition is not a game of chance, raffle lottery, mutual bet, promotional lottery, a game whose result depends on the case, or any other game within the meaning of Art. 2 clause 1 point 10 of the Act of 19 November 2009 on gambling (i.e. Journal of Laws of 2019, item 847, as amended).
  3.       The competition is not sponsored, administered or organized by Facebook or Instagram. None of the websites, i.e. neither Facebook nor Instagram, is responsible for the Competition. All questions, comments and complaints related to the Competition should be directed only to the Organizer. The Organizer undertakes to release Facebook and Instagram from liability towards each Contest Participant who directs a claim related to the Contest against a given service.
  4.       The Regulations have been drawn up in two language versions, Polish and English. In case of discrepancies - the Polish version is decisive.
  5.       The competition is organized in accordance with applicable Polish law. In matters not covered by these Regulations, the provisions of the Polish Civil Code shall apply in particular.

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