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Regulations of the “Photo of the Month” competition organised on the KOI Cosmetics profile on Facebook and Instagram
1. General Provisions
- The Organiser of the Competition conducted on KOI Cosmetics’ Facebook and Instagram profiles (the “Competition”) and the sponsor of the prizes is Grzegorz Kozłowski conducting business activities under the name KOI GRZEGORZ KOZŁOWSKI, registered in the Central Registration And Information On Business of the Republic of Poland kept by the minister responsible for the economy, with the following address of the place of business: ul. Prymasa Augusta Hlonda 2/159, 02-972 Warsaw, NIP [Tax Identification Number] 8511391276, REGON [National Official Business Register Number] 015655778, “Organiser”, phone No.: 602374865.
- The Competition shall be conducted on the KOI Cosmetics Facebook.com profile maintained by the Organiser, available at https://www.facebook.com/koirichcosmetics/ and on the KOI Cosmetics Instagram.com profile maintained by the Organiser and available at https://www.instagram.com/koi_cosmetics/?hl=pl, the “Organiser’s Profile”, under the terms and conditions set forth in these Regulations.
- The Regulations provide the basis for the organisation of the Competition and define the rights and obligations of its Participants.
- The Regulations of the Competition are available on the Organiser’s Profile pages.
- The following terms used in the Regulations and in individual announcements about the Competition on the Organiser’s Profile shall have the meanings set forth below:
- Competition – a competition organised through the Organiser’s profile (Facebook and Instagram), addressed to its users, consisting in the publication of a photo taken by the Participant containing a KOI Cosmetics product on the Participant’s profile and tagging it with the hashtag #koicosmetics.
- Participant’s Profile – the profile of an individual participating in the Competition on Facebook.com or Instagram.com.
- Competition Duration – the Competition shall last until further notice and the Prizes are awarded monthly.
- Prize – a voucher for the amount of PLN 100 to be used in the online or traditional KOI Cosmetics store awarded to the Winner once a month.
- Winner – the Participant who published a photo on the Participant’s Profile that was considered by the Competition jury as the best one in a given month.
- Winner Selection Day – the day the best photo of an ending month is selected, which falls on the first business day of the following month.
2. Participation in the Competition
- Participation in the Competition is free of charge.
- Only natural persons of age, having full legal capacity and residing in the territory of the Republic of Poland, fulfilling the conditions laid down in the Regulations, may participate in the Competition. Minors 13 years of age or older may participate in the Competition only with the consent of their parents or legal guardians.
- Employees of the Organiser as well as their spouses, children, parents and siblings are not allowed to participate in the Competition.
- Only users who have a real Participant’s Profile on Facebook or Instagram, containing their real personal data, enabling the Organiser to contact the Participant through the appropriate platform, may participate in the Competition.
- The Participant undertakes to adhere to the rules contained in the Regulations as well as confirms to meet all the conditions that entitle them to participate in the Competition.
3. Course and conditions of participation in the Competition
- To enter the Competition, the Participant shall post a photo of a KOI Cosmetics product on their Profile (Facebook or Instagram) and tag it with the hashtag #koicosmetics.
- The moment when the Competition photo is saved on the Website server shall be deemed to be the moment of its publishing.
- The Participant may submit an unlimited number of photos in the Competition. Nevertheless, the Prize shall be given only for the one best photo of the month, selected by the jury from all the photos participating in the Competition.
- The competition photos must be entirely devoted to a KOI Cosmetics product (the theme of the photo) and cannot contain inappropriate, illegal content inciting hatred. Photos that do not meet the above requirements shall not be considered when selecting the Winner.
- By publishing a competition photo in the manner specified in this paragraph, the Participant declares that the content of the photo submitted by them does not violate the law or the rights of third parties.
- By publishing a competition photo in the manner specified in this paragraph, the Participant authorises the Organiser to publish the competition photo, together with the name of the User (who published the competition photo) on the Organiser’s profile, and waives any claims which may arise against the Organiser due to the publication of the competition photo on the Organiser’s profile.
4. Rules for selecting the Winner
- From among the Participants meeting the conditions specified in these regulations, once a month the jury will select one winner of the Competition who, in the jury’s opinion, published the best photo of the month.
- The jury is composed of employees of the Organiser.
- The Winner shall be selected by the jury on the first working day of the month following the calendar month in which the competition photos were submitted (e.g. for photos submitted by the end of November, the winner shall be selected on the 1st working day of December).
- On the Day of choosing the Winner, the Organiser shall publish a comment on the Organiser’s Profile, indicating the Competition Participant who has been awarded the status of the Winner and requesting that the Winner send a private message to the Organiser via the Organiser’s Profile confirming their desire to receive the prize. If the Winner does not claim the prize in the manner described in the preceding sentence within 48 hours from the publication of the comment on the Organiser’s Profile indicating the Winner, the Winner shall not acquire the right to the prize. In such a case, the right to the prize shall go to the next participant who, in the opinion of the jury, sent the best photo of the month.
- The prize in the Competition is a voucher for PLN 100 to be used in the traditional or online KOI Cosmetics store.
- The voucher in the form of a discount code shall be created individually for each Winner and sent to the Winner’s e-mail address provided by the Winner to the Organiser in a private message (in accordance with Art. 4 sec. 4 of the Regulations).
- The prize shall only be issued in the form of a voucher as defined in the Terms and Conditions, with no possibility of receiving its equivalent in cash or exchanging it for another in-kind prize.
- The voucher (discount code) can be used by a third party.
- The voucher is valid for 5 months from the date of receipt by the Winner. After this time, the discount code will automatically deactivate.
6. Complaint procedure
- Complaints related to the Competition shall be submitted by Participants in writing. Complaints may be submitted within 14 working days from the date of announcement of the Competition results (as per the date of receipt of the complaint by the Organiser) to the Organiser’s address. Complaints submitted after the deadline or in a form other than written will not be considered.
- The complaint should contain the name, surname, the exact correspondence address of the person submitting the complaint, as well as the reason for the complaint with a detailed justification.
- The Participant shall be informed of the result of the complaint in writing (to the address given in the complaint), within 30 working days from the date of receipt of the complaint by the Organiser.
- Complaints shall be considered by the Organiser. The decisions of the Organiser are final within the complaint procedure specified in the Regulations, which shall not exclude the claims of the person making the complaint on the basis of commonly binding legal regulations.
7. Personal data protection
Personal Data Controller
- The Controller of personal data is GRZEGORZ KOZŁOWSKI, conducting business activity under the name KOI GRZEGORZ KOZŁOWSKI registered in the Central Registration And Information On Business of the Republic of Poland kept by the minister responsible for the economy, with the following address of the place of business: ul. Prymasa Augusta Hlonda 2/159, 02-972 Warsaw, and the following address for service: ul. Piękna 19/-1, 00-549 Warsaw, NIP [Tax Identification Number] 8511391276, REGON [National Official Business Registry Number] 015655778, email address: [email protected], phone number: 604062418, 602374865.
Personal data are processed by the Controller in accordance with applicable laws, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as the GDPR or the GDPR Regulation.
- The Controller shall exercise due care to protect the interests of persons whose personal data it processes and, in particular, shall be responsible for and ensure that the data it collects are: (1) processed lawfully; (2) collected for specified, legitimate purposes and not subjected to further processing incompatible with those purposes; (3) substantively correct and adequate in relation to the purposes for which they are processed; (4) stored in a form which enables the identification of data subjects for a period no longer than necessary for the achievement of the purpose of the processing; and (5) processed in a way which ensures adequate security of personal data, including protection against unauthorised or unlawful processing as well as against accidental loss, destruction or damage, by means of appropriate technical or organisational measures.
- Having regard to the nature, scope, context and purposes of the processing, as well as the risk of violation of the rights or freedoms of natural persons of varying probability and gravity, the Controller shall implement appropriate technical and organisational measures to ensure that the processing is carried out in accordance with this Regulation and to be able to demonstrate it. These measures are reviewed and updated as needed. The Controller uses technical measures to prevent unauthorised persons from obtaining and modifying personal data transmitted electronically.
Basis of data processing and duration of processing
- The personal data of the Competition participants (i.e. the Participant’s profile on Facebook or Instagram, their name and email address – in the case of the Winner) will be processed for the purposes of carrying out the Competition, selecting the winner and awarding, issuing, receiving and settling the prize (Art. 6 sec. 1(b) of the GDPR) and will be processed throughout the period of the Competition until the Prize is dispatched.
- In the case of the Winner, the data in the form of sharing a photo published on the Organiser’s profile together with the name of the Winner’s profile will be processed until they are requested to be deleted.
- The provision of personal data by the Competition participant is voluntary but it is a necessary condition for taking part in the Competition.
Data Subjects’ rights
- The participant shall have the right to:
- access their personal data and receive a copy thereof;
- rectify (correct) their data;
- delete their data and limit the processing thereof;
- object to the processing of their data;
- data portability;
- submit a complaint to the supervisory body.
8. Final provisions
- The Competition is not sponsored, endorsed, administered by, or in any way affiliated with Facebook. Any content sent by the Competition participants in connection with the Competition (e.g. comments, questions, complaints, etc.) shall be addressed to the Organiser. The Organiser exempts Facebook from any liability for damages arising in connection with carrying out the Competition via the Organiser’s Profile.
- The Competition is organised in the Republic of Poland and is subject to Polish law.