RULES OF THE “CHRISTMAS CONTEST” ON INSTAGRAM
§ 1 [Definitions]
The phrases and terms used in the content of these Rules shall have the meanings indicated below:
1. „Organizer" - 4Kraft Sp. z o.o. based in POLAND, ul. Tatrzańska 1/5, 60-413 Poznań, registered in the Register of Entrepreneurs kept by the District Court - Nowe Miasto and Wilda, VIII Commercial Department of the National Court Register under KRS number: 0000378767, NIP: 7811861679, REGON: 301679527, being the owner of the Kinderkraft brand;
2. "Rules" - these Rules of the Contest entitled "Christmas contest”, binding for the Organizer and Contestants, regulating the terms and conditions of the Contest, in particular terms of participation in the Contest, rights and obligations of the Organizer, Contest Committee and Contestants in relation to their participation in the Contest;
3. “Contest" - the Contest entitled "Christmas contest", binding for the Organizer and Contestants, regulating the terms and conditions of the Contest, in particular terms of participation in the Contest, rights and obligations of the Organizer, Contest Committee and Contestants in relation to their participation in the Contest;
4. "Instagram" - the website under the domain www.instagram.com , where the Contest is held, owned and operated by Meta Platforms, Inc. based in Menlo Park, CA in the United States;
5. "Fanpage" - the profile named "kinderkraftofficial" on the website available at https://www.instagram.com/kinderkraftofficial/ , owned and administered by the Organizer;
6. “Contestant" - an Instagram user who has made a correct and effective entry to the Contest, meeting the eligibility requirements for participation in the Contest as described in § 3 of the Rules;
7. “Contest Committee” - a team consisting of persons selected by the Organizer, which evaluates the entries;
8. „Winner" - a User who has submitted a correct and effective entry to the Contest and whose entry was awarded by the Selection Committee in accordance with the provisions of §4 and §6 of these Terms and Conditions.
§ 2 [General provisions]
1.The Organiser is the founder of the prizes.
2.The Organizer is the administrator of personal data provided by Contestants.
3.Providing personal data is optional, but necessary for the Participant to enter the Competition. Persons who make their data available have the right to access, modify or delete them.
4.These Rules define the conditions of the Contest.
5.The Contest is not created, administered, endorsed or sponsored by the social networking site Instagram or by Meta Platforms, Inc. based in Menlo Park, CA in the United States."Instagram" is a registered trademark by Meta Platforms, Inc.
6.The competition is carried out on User’s profile and Organizers profile @kinderkraftofficial
7.The Organizer's Contest Committee supervises the correctness and course of the Contest, i.e. providing information on the Contest and dealing with complaints.
8.The Competition is conducted from 12.12.2022 from 12 hours until 24 hours on the day of 20.12.2022
§ 3 [Contestants]
1.Participants in the Contest may only be natural persons who are consumers, have full legal capacity, are Instagram users, have an active account on Instagram, abide by the rules of the Instagram service and who have accepted these Rules.
2.Contestant declares, that he/she/they:
a.is a natural person with full legal capacity;
b.is domiciled in the territory of European Union or United Kingdom of Great Britain and Northern Ireland;
c.does not run a business involving promotion and marketing;
d.is familiar with the content of the present Rules and voluntarily enters the Contest;
e.agrees to and accepts the terms of these Rules, including the procedure for claiming prizes, and fully accepts them;
f.undertakes to comply with the provisions of these Rules and the rules of the Instagram service;
g.has agreed to the processing of his/her/their personal data and the personal data of minors under his/her/their care for the purposes of participating in the Contest;
h.is a registered user of the Instagram social network.
3. The employees and collaborators of the Organizer cannot participate in the Contest.
§ 4 [Prize]
1.The Prizes will be awarded to the three (3) persons who, in the opinion of the Contest Committee, best complete the Contest Task and are selected by the Contest Committee as Winners.
2. The Organizer will award 4 material prizes together with a cash benefit to the Participants who will be declared Winners ("Prizes"). The Prizes in the Contest are respectively:
a)For the first place - Kinderkraft NEA 2 in 1 pram and backpack TREASUREPACK:
·Total value of the prize: 3378 PLN (in words: three thousand three hundred and seventy eight PLN and 00/100),
b)For the second place – Kinderkraft TREASUREPACK backpack:
·Total value of the prize: 369 PLN (in words: three hundred sixty nine PLN and 00/100),
c)For the third place - Kinderkraft TREASUREPACK backpack:
·Total value of the prize: 369 PLN (in words: three hundred sixty nine PLN and 00/100).
3.Tax on the prize must be paid under the tax law of the country.
4.Prizes will be issued only in the form specified herein, without the possibility of exchanging them for another material prizeor for a cash equivalent.
5.The prizes will be issued in accordance with the applicable tax regulations::
a)income derived from the Prizes obtained in the Contest shall be subject to a flat-rate tax of 10% of the value of the prize, in accordance with Article 30(1)(2) of the Polish Income Tax Act. 2 of the Polish Act on Personal Income Tax ;
b)The payer of the tax mentioned in point. 4 a is the Organiser. Before the Prize is awarded, the Organizer shall collect the tax amount from each Prize Winner and transfer it to the account of the appropriate Tax Office. As a result, the Winner will receive only the material part of the Prize, while the tax amount will be collected respectively from the tax indicated in pt. 2 lit. a), pt. 2 lit. b) or pt. 2(c) of the monetary award
6.The Winners will be informed about the prize and the conditions of Prize collection in the content of the announcement on Fanpage and through a private message sent to the Winners on Instagram within 5 working days after the end of the Contest.
7.By entering the Contest, the Contestant agrees that the Organizer may communicate with him/her in connection with the Contest via the Instagram account.
8.In order for the Winner to receive the Prize, the necessary data must be sent to the Organizer within 48 hours of the prize communication being sent to the Winner (to the email provided by the Organizer in the message). The necessary data for the Prize release to take place are:
a)name and surname;
b)residence address (for tax purposes)
c)correspondence address (for the purposes of delivering the Prize, it may be different from the residential address);
e) e-mail address.
9.Dispatch of the Prizes will take place within 21 working days from the day of the end of the Contest. The prizes shall be sent by post or courier service at the Organizer's expense to the address indicated by the Winner. The Organizer shall not be liable for the actions or omissions of the post office or other courier service providers.
10.The Winner may surrender the Prize but shall not be entitled to the cash equivalent or any other prize. In the event of the Prize being forfeited, the Organiser reserves the right to award the Prize to another Entrant or decide not to award a Prize. The Winner may not transfer the right to the Prize to third parties.
11.The Laureate's failure to provide the Organiser with the data referred to in point 7 above or exceeding the permissible time of response, or sending incorrect data, the Winner loses the right to the Prize.
12.The Organizer reserves the right to verify whether the Winners fulfil the conditions stipulated in the Regulations as well as in legal regulations. For this purpose, the Organizer may require the Winner to make specific statements, provide specific data or submit specific documents. Failure to comply with the Regulations or relevant provisions of law, as well as refusal to comply with the above demands, may result in the exclusion of a given person from the Contest, and shall entitle the Organiser to refuse to award the Prize without any claims against the Organiser.
§ 5 [Rules of Contest]
1. The Contestant's task is to describe the most calming sound for the participant in a comment under the contest post. (hereinafter: "Contest Task").
2.One Contestant may make one post per Contest Task.
3.Contestant is forbidden to take any action in connection with participation in the Contest contrary to the law and good manners, and to use data obtained in connection with participation in the Contest for illegal purposes. In particular in the content of an answer to aCompetition Task a Contestant cannot include:
a)materials and symbols against the law;
b)materials and symbols violating the rights of third parties or the Organizer, especially those violating intellectual property rights or the personal rights of third parties or the Organizer;
c)expressions commonly regarded as morally reprehensible or socially inappropriate as well as content violating good morals;
d)obscene or pornographic materials and content;
e)materials and symbols propagating violence or discrimination, inciting racial, religious or ethnic hatred, socially recognised as offensive, vulgar, etc.;
f)content violating the rules of so-called "netiquette";
g)personal data of other people in an unlawful scope, in particular it is forbidden to send an answer to a contest task using someone else's name and surname in order to impersonate a particular person;
h)materials, the use of which by the Organiser may hinder or prevent the operation of other programs used by the Organiser, especially materials containing computer viruses.
4.The answers to the Contest task, which do not meet the requirements specified in the Rules, will be excluded from the Contest.
5.In order to ensure the proper organisation and conduct of the Contest, and in particular to assess the accuracy of entries and select the Winners, the Organiser appoints a Contest Committee in the following composition:
6.The Selection Committee will award the most interesting, creative and original solutions to the Contest Task, most accurately and appropriately realising the Contest topic.
7.From among the submitted Contest Tasks, the Contest Committee will select the Winners, indicating the decisive features of the selection and deciding also on the allocation of places and distribution of Prizes.
8.The Organizer will also inform about the Winners in a public announcement on the Fanpage.
9.Contestants declare that they hold full parental responsibility for the minors whose image is used in the competition post and voluntarily give consent for their image to be used.
10. Detailed information about the contest will be available on the Organizer's Fanpage and on the Organizer's website under the link: www.kinderkraft.co.uk/christmas-contest
§ 6 [Conditions of participation in the Contest]
1.Access to the Contest is free of charge and requires registration on the social network Instagram.
2.Necessary conditions for participation in the Contest are:
a. acceptance of the Rules and the correct completion of all tasks described in
§ 5 Paragraph 1 of the Rules;
b.granting by the Contestant consent to the processing of personal data described in these Regulations by the Organizer (in particular consent described in § 8 of the Rules);
c.transfer of copyrights as referred to in §10 of the Rules.
§ 7 [Organiser's responsibilities]
1.The Organiser shall not be responsible for the accuracy and truthfulness of the data of the Contestants, including the inability to pass the Prizes, due to reasons attributable to the Participant, in particular if the Participant did not provide a real mailing address, or if the data provided is incomplete or outdated.
2.The Organiser declares that it does not control or monitor the content posted by Participants in terms of reliability and truthfulness, subject to actions related to the removal of violations of the Regulations or generally applicable laws.
3.The Organizer reserves the right to exclude from the Contestants whose actions contravene the law or the Rules and Instagram rules, in particular Contestants who:
a)post content that contravenes the applicable law, Rules or Instagram Rules (in particular, containing offensive content, both in the text and graphic layer);
b)Take action using an account/profile created in violation of Instagram rules;
c)Use a third party account/profile that is not compliant with Instagram rules;
d)Interfere with the Contest mechanism;
e)Create a fictitious Instagram account/profile.
4.Organizer is not responsible for any malfunctions in data communications links, servers, interfaces, browsers and/or Instagram platform.
5.The Organizer is not responsible for temporary or permanent blocking of the Instagram profiles and pages or any of its mobile applications.
§ 8 [Processing of personal data]
1.Personal data of Contestants and minors over whom Contestants have parental care, including image, shall be processed by Organizer only for the purpose of performing activities necessary for proper conduct of the Contest.
2.Personal data of the Competition Participants will be stored by the Organiser only for the time necessary to conduct the Competition and award the prizes to the awarded Participants.
3.Personal data will be processed for the following purposes: publication of competition posts and their promotion in:
a.any social media of Kinderkraft brand (facebook; instagram; tiktok youtube);
b. on the Organizer's website in the domain www.kinderkraft.com ;
c.Publications at business partners of the Organizer in marketing materials related to the brand;
d.at the official distributors of Kinderkraft products.
4.Participants have the right to access, correct and delete processed data. Data is provided on avoluntary basis, with registration on the Instagram social network required for participation in the Competition. The Organiser is not responsible for the way Instagram processes personal data.
5.The Contestant has at any time the right to request the deletion of his personal data and the data of minors from his post. Upon deletion of the data, the Contestant loses the possibility to participate in the Contest.
6.The use of personal data takes place on global communication channels, without territorial restrictions and without time limits (until the removal of data by the Contestants or the cessation of the Organizer's activities).
§ 9 [Copyright]
1.It is forbidden to infringe in any way the intellectual property rights in the Contest, especially the unauthorized use by the Contestants of works authored by third parties.
2.Contestants in respect of whom the Organiser has received information that they are not the authors of Contest Tasks, or do not have the rights to the answers to the Contest Task, are subject to exclusion from the Contest.
3.In the event that an answer to a Contest Task is a work as defined by the Polish Act on Copyright and Similar Rights, the entirety of the Participant's economic copyright to the answer to the Contest Task and the right to permit the exercise of subsidiary rights, without any time and territorial restrictions, passes to the Organiser. The Organiser shall be entitled to use and dispose of the work – the contest posts - in the following forms of exploitation:
a)within the scope of recording and multiplying the work in whole or in part - the production of copies of the work using a specific technique, including digital reproduction, printing, reprography, magnetic recording and digital technique;
b)within the scope of dissemination of the work, in its entirety or in part, in a manner other than specified in item a) above - placing on social media, websites, publishing in the Organiser's promotional and advertising materials, exhibiting, displaying, reproducing, as well as broadcasting and rebroadcasting, as well as making the work available to the public in such a way that everyone can have access to it in a place and time selected by themselves, including via the Internet.
§ 10 [Complaints and notifications of violations]
1.Any complaints regarding the way the Contest is carried out should be submitted by Contestant in writing during the Contest, but not later than within 14 (fourteen) days from the date of issuing the Prizes.
2.A complaint submitted after the deadline shall have no legal effect.
3.A written complaint should contain the name, surname, exact address of the Contestant and adetailed description and justification of the complaint.
4.The complaint should be sent by registered mail or courier service to the address of the Organiser.
5.Claims will be considered in writing within 30 days from their submittance.
§ 11 [Final provisions]
1.The Regulations shall enter into force on the first day of the competition, i.e. 08.12.2022
2.Second In matters not covered by these Regulations shall apply the provisions of the Polish Civil Code and other applicable laws.
3.Disputes relating to and arising from the Contest will be resolved by a court of law with jurisdiction over the Organiser's registered office.
4.Organizer reserves the right to change the rules of the Contest during its duration for important reasons, with the reservation that all possible changes in the Rules will not affect the rights of Contest participants acquired on the basis of the Rules before the date of entry into force of these changes. Information about changes will be posted on the Fanpage.
5.A brief description of the Contest rules can be found in advertising and information materials accompanying the Contest, in particular on the Fanpage. All content included in these materials is for information purposes only. Only the provisions of these Regulations are binding.
6. Contest Regulations are available on Fanpage under the following link: www.instagram.com/kinderkraftofficial
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