”Protection Time Autumn 2024” CONTEST RULES
§1. General provisions
1. The Contest Operator is the company Nowy Samochód S.A. with its registered office at ul. Zbyszka Cybulskiego 3, 00-725 Warsaw, Poland, identified by Tax Identification Number (NIP) 521 367 03 88, hereinafter referred to as the "Contest Operator".
2. The Competition is conducted in accordance with the rules described in these Contest Rules in accordance with generally applicable legal regulations, in the territory of the Republic of Poland.
3. The contest starts on 20.09.2024 at 15:00 (CEST) and ends on 27.09.2024 at 15:00 (CEST).
4. This Contest is in no way organised, sponsored, conducted or endorsed by Facebook or Meta.
§2. Participants and contest rules
1. Participation in the Contest is voluntary and free of charge.
2. The Contest is open to a natural person (a consumer within the meaning of Article 22 of the Polish Civil Code), hereinafter referred to as an Participant, who:
a) has read and accepted these Contest Rules and consented to the processing of personal data for the purposes of the Contest by entering the Contest;
b) is over 18 years of age and have full legal capacity;
c) is a resident in the European Union, Norway, Switzerland, Liechtenstein, the United Kingdom,
d) has a Facebook account,
e) performs the Contest Task.
3. The Contest participant may only be a person who meets the conditions specified in §2. paragraph 2 of the Contest rules.
4. Employees of the Contest Operator and entities and employees of entities providing services to the Contest Operator in the course of organising the Contest under civil law contracts, as well as members of the immediate family (spouses, ascendants, descendants and siblings) of the above persons are excluded from participation in the Contest.
5. In order to take part in the Contest, during its duration, the participant undertakes to post, in a comment under the Facebook post announcing the Contest on the Soft99 Facebook page, a self-made photograph or a video with an element of the vehicle on which water droplets are visible, showing the “beading effect", i.e. round droplets indicating a high degree of water repellency (hereinafter referred to as the ‘Contest Task’).
6. Only Participants who complete the Contest Task during the Contest will participate in the Contest.
7. A participant can only enter the Contest 1 (in words: one) time.
a) An Entrant may not enter the Contest simultaneously on different Soft99 regional pages within the Facebook infrastructure.
8. The Contest Operator reserves the right to remove and not include in the Contest Tasks whose authors:
a) do not act on their own behalf, but through third parties,
b) operate from fictitious accounts/profiles on Facebook;
c) create fictitious accounts/profiles on Facebook;
d) violate Facebook's terms of service.
e) used in the Contest Task a word commonly regarded as offensive, pornographic content, content that promotes racial, ethnic or religious hatred or content that discriminates against social groups.
§3. Rights to the completed Contest Tasks
1. The Entrant warrants that the Contest Task performed shall not infringe any rights or property of the Contest Operator, persons and third parties, in particular their property and personal copyrights and personal rights.
2. The Entrant declares that they are entitled to exclusive and unlimited copyright to the Contest Task they have created, and that the Contest Task they have created is not encumbered with any rights of third parties, and that the work has not been published before.
a) On the basis of Art. 921 § 3 of the Polish Civil Code, upon the release of the Prize, the Contest Operator reserves the right to acquire a non-exclusive licence to the Contest Task awarded in the Contest without time and territorial limitations, and the awarded Contest Participant (Winner) grants the Contest Operator a non-exclusive licence to the awarded Contest Task in the following fields of exploitation:
b) as regards recording and multiplication of the work - production of copies of the work by a specified technique, including printing, reprography, magnetic recording and digital technique;
c) within the scope of circulation of the original or copies on which the work has been fixed - placing on the market, lending or renting the original or copies;
d) within the scope of dissemination of a work in a manner other than specified in point b - public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, as well as making a work available to the public in such a way that everyone can have access to it in a place and at a time chosen by them, including introducing a work into computer memory and into telecommunication and IT networks.
§4. Prizes and selection of Winners
1. To ensure the proper conduct of the Contest, the Contest Operator will appoint a 3-person committee, hereinafter referred to as the Contest Committee. The tasks of the Competition Committee shall include overseeing the proper course of the Contest, deciding in all matters about the Contest, including the interpretation of the provisions hereof, and selecting the Participants to whom the Prizes shall be awarded (hereinafter referred to as the Winners). The decisions of the Committee shall be final, which shall not deprive the Participant of the right to pursue claims under the law.
2. At the end of the Contest, the Contest Committee will evaluate the works submitted by the Entrants and will select the Entrants who best perform the Contest Tasks in terms of their attractiveness, originality and creativity, and will thus select 2 Winners.
3. The following prizes will be awarded to each of the 2 Contest Winners:
Ultra Glaco, Glaco Mirror Coat Zero, Fusso Coat 12 Months Wax Dark
4. Prizes are exempt from personal income tax under Article 21(1)(68) of the PIT Act of the Polish law.
5. The Committee will conclude the determination of the Winners no later than 30.09.2024.
6. The Winners of the Competition will be informed of their Prize by Soft99 posting a list of the Winners in a comment under the Contest post indicating the names (tagged, if possible) of the Winners' Facebook profiles, no later than 01.10.2024.
7. It is a condition of receiving the Prize that the Winner provides the Contest Operator, within 14 days of the Contest Operator sending a private message about winning, with the information necessary to receive the Prize, including in particular: name, last name, e-mail address OR correspondence address within the territories mentioned in §2, 2. c).
8. In the event that the Winner fails to provide the details necessary for the transfer of the Prize by the date and under the terms of paragraph 7 above, the Contest Committee shall select the next Participant to receive the Prize.
9. The Contest Operator shall not be liable for not delivering the Prize to the Participant if the failure to deliver the Prize was solely due to the Participant's failure to provide the data required for delivery of the Prize or the provision of incorrect or inconsistent data.
10. Each Prize shall be sent by the Contest Operator to the address specified by the Winner within the territories mentioned in §2, 2. c), within 7 days from the date of sending by the Winner in reply to the information notifying of the awarding of the Prize, all data enabling dispatch of the Prize.
11. The Contest Operator is the provider of the Prizes.
12. The winner may not transfer the rights to the prize awarded to a third party.
13. The Winner shall have the opportunity to waive their right to the Prize by submitting a written statement to the Contest Operator.
14. In the Contest, a Prize can only be awarded once per one Participant.
15. The prize will be sent to the Participant at the expense of the Contest Operator.
16. The Participant is not entitled to request the Prize to be exchanged for a cash prize.
§5. Personal Data
1. The personal data of the Participants is administered by the Contest Operator. Contact with the Contest Operator is possible at the e-mail address info@soft99.eu.
2. The basis for the processing of personal data is Article 6(1)(b) of the GDPR – performance of the agreement, Article 6(1)(f), i.e. the administrator's legitimate interest in investigating complaints and pursuing claims.
3. The Participants' personal data will be processed for the period and to the extent (purpose) necessary to conduct the Contest, select the winners, deal with any complaints and, in the case of the Winners, also to notify them of the awarding of the Prize, issuing the Prize.
4. The provision of personal data is voluntary, however, it is a condition for participation in the Contest and the awarding of Prizes to Winners, in terms of identification, address data.
5. Personal data will be stored for the duration of the Contest, and after its termination until the statute of limitations for possible claims or the expiry of the obligation to store data under the law, but no longer than 5 years, from the end of the calendar year in which the Contest was held.
6. The Contest Operator shall exercise the rights of data subjects, i.e. access to the content of their data and the right to rectification, erasure, restriction of processing, the right to data portability.
7. Where personal data is processed on the basis of consent, the Participant has the right to withdraw consent, at any time, and the withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of consent before its withdrawal. Withdrawal of consent requires electronic notification to the email address info@soft99.eu
8. The recipients of the data are: entities providing hosting services, postal services, entities with which the Contest Operator cooperates within the framework of accounting and tax services, public authorities on the basis and within the limits of the law, in particular such as KAS, law enforcement agencies.
9. Personal data are not transferred to a third country or international organisation.
10. Personal data are not processed automatically and subject to profiling.
§ 6. Complaints
1. Participants in the Contest have the right to lodge a written complaint marked "Complaint: Protection Time Autumn 2024" to the email address info@soft99.eu up to 14 days after the end of the Contest.
2. The letter containing the complaint should indicate the name of the Participant and the contact address to which a reply to the complaint will be sent.
3. The Contest Operator will respond to the Participant's complaint within 14 days by registered letter sent to the address provided in the letter of complaint.
4. Negative resolution of the Participant's complaint by the Contest Operator does not exclude the Participant's right to pursue claims to which they are entitled under generally applicable laws, including through court proceedings.
§7. Final provisions and technical notes
1. Matters not covered by these Regulations shall be governed by the provisions of the Polish Civil Code and other legal provisions.
2. Disputes relating to and arising from the Contest shall be resolved by the common court having jurisdiction over the Contest Operator's registered office.
3. The Contest Operator reserves the right to change the rules of the Contest during its duration. Information about the changes will be posted on the Contest Operator's profile on Facebook.
