ALWERO

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TERMS AND CONDITIONS OF THE CONTEST

“SUMMER’24 campaign- share with us your inspiration for our upcoming photo session”

  1. GENERAL PROVISIONS
  1. These regulations set forth the terms, scope and conditions of participation in the Contest named: Alwero’s autumn inspirations as well as the organization and supervision of the conduct of the Contest by the Organizer through the Instagram social network (hereinafter: “Regulations”).
  2. The Organizer and founder of the Prizes of the Contest is the: ALWERO Spółka z ograniczoną odpowiedzialnością (LLC) based in Hecznarowice, Krakowska 1 Street, 43 – 330 Hecznarowice, entered in the Register of Entrepreneurs of the National Court Register for Bielsko – Biała, VIII Commercial Division of the National Court Register under  the number: 0000456429, having a Tax Identification Number (NIP): 9372666131 and REGON: 243220390, e-mail: shop@ealwero.com, phone no. 509 451 026.
  3. Definitions:

CONTEST COMMITEE – persons selected by the Organizer to supervise the proper conduct of the Contest and its settlement.

CONTEST – an event, the source of which is a public pledge made by the Organizer through the Profile, organized through the official profile of the Organizer within the Instagram social network. The Organizer undertakes to award the Winner with a cash prize in the form of a voucher to be single used for purchases in the online store operated by the Organizer: www.ealwero.com, funded by the Organizer in exchange for winning the Contest, under the terms and conditions set forth in the Regulations and detailed rules of the Contest published as part of a post promoting the organization of the Contest on the Instagram Profile.

INSTAGRAM – Internet service: www.instagram.com 

THE WINNER – the Participant who has been awarded the Prize in accordance with the procedure specified in the Regulations and detailed rules of the Contest.

PRIZE – a cash prize in the form of a voucher to be single used for shopping in the online store operated by the Organizer: www.ealwero.com, with the value and specifications specified in the Contest announcement and under the terms of the Regulations.

PROFILE – the official profile of the Organizer maintained within the Instagram website https://www.instagram.com/alwero_official/, promoting the activities of the Organizer and used to conduct contests, including announcing their organization in the form of a post with a detailed list of its terms and conditions and announcing the results of contests.

PARTICIPANT – a person who has made an Application to the Contest by fulfilling the actions in the manner specified in the Regulations and detailed rules of the Contest.

APPLICATION – an activity or work described in the terms and conditions of the Contest (as a Contest Task), submitted by a Participant as tantamount to entering the Contest.

  1. The Contest is organized in the territory of the European Union.
  2. Submission of participation in the Contest is tantamount to reading and accepting the provisions of these Regulations, as well as agreeing to the processing of personal data in connection with participation in the Contest, in accordance with the rules of the Regulations and the specific rules of the Contest in accordance with Article 6(1)(a) of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in relation 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: “GDPR”.
  3. The Contest is not endorsed, sponsored, organized or affiliated with the Instagram service in any way. The Instagram service is not responsible for the organization and proper conduct of the Contest. Any questions, comments, as well as complaints related to the conduct of the Contest shall be directed to the Contest Organizer.
  4. The Contest is not conducted for profit-making purposes.
  5. Instagram is a trademark registered in favor of Meta Platforms.
  6. The Contest does not constitute a game of chance, a lottery or a pari-mutuel bet or a game whose result depends on chance, as well as any other game referred to in the Act of November 19, 2009 on gambling games (Journal of Laws 2023.227, dated 2.02.2023, as amended).
  1. TERMS AND CONDITIONS OF PARTICIPATION IN THE CONTEST
  1. To participate in the Contest, it is necessary to have a device that allows access to the Internet, with access to the social network Instagram.
  2. Access to the Contest is free of charge.
  3. The Participant of the Contest can be a person who:
  1. has reached the age of 18 and has full legal capacity. In the case of persons under 18 years of age, consent given by a parent or legal guardian is required to participate in the Contest. The consent is subject to submission at any request of the Organizer,
  2. is a permanent resident of the Republic of Poland, being a Polish tax resident, or of an EU member state,
  3. is not an employee of the Organizer or a person who is under a contract of mandate or other civil law agreement with the Organizer as part of his/her employment,
  4. is not a family member of persons referred to in point c above, up to the second degree of consanguinity or affinity in a direct line, consanguinity or affinity in a collateral line up to the second degree, is not in an adoption relationship with them, or is not related to them by virtue of guardianship or custody,
  5. is not in any way (personal, capital or organizational) related to the Organizer,
  6. has a personal account on the social network Instagram, established and maintained in accordance with the rules of Instagram,
  7. has observed the Organizer’s Instagram Profile by selecting the “Observe” option, on its Profile, and has liked the post promoting the organization of this Contest,   
  8. has read the Contest Regulations and accepts their contents,
  9. will perform the Contest Task, the detailed conditions of which will be specified through these Regulations and the Organizer’s Instagram Profile, through his/her own profile mentioned in point f above,
  10. agrees to process his/her personal data for purposes related to participation in the Contest.
  1. The Organizer stipulates that one Participant may make only one Contest Application.
  2. Participants do not have the right to create profiles within the Instagram social network and make Contest Applications on behalf of third parties, through their profiles. Participants may participate in the Contest only in person, through their personal account, maintained in accordance with the rules of the Instagram service.
  3. Participation in the Contest, as well as the rights and obligations associated with it (including the right to receive the Prize) cannot be transferred to third parties and entities.
  4. In the event that a Participant who does not meet the participation requirements set forth in paragraph 3 above is selected as the Winner, such Participant shall forfeit the right to the Prize. In the event that this fact is disclosed after the Prize is delivered, the Winner shall be immediately obliged to return the Prize or remove it from the information resources.
  5. In the event that the circumstance referred to in paragraph 7 above is established, the Prize shall be awarded to the Participant whose Application in the performance of the Contest Task took the next place in the Contest.
  6. In the event that the Contest Organizer has reasonable doubts as to whether the Participant meets the conditions specified in paragraph 3, as well as in the event that the Contest Organizer has reasonable doubts as to the truthfulness of the personal data provided by the Participant and the Winner, the Contest Organizer has the right to demand that the Participant / Winner submit for review at the Contest Organizer’s office the original or send via e-mail the scanned documents (including identity) confirming fulfillment of the Contest participation requirements, under penalty of losing the right to participate in the Contest.
  1. COURSE OF THE CONTEST
  1. The competition task is to share your inspiration for the SUMMER’24 photo session under the competition post:

„ Share your inspirations for SUMMER’24 photo session. It mayby your favorite photographer, a beautiful location in Poland, uour favorite model, or mayby you are a photographer yourself and want to introduce yourself to us.”What product should we absolutely include in our offer for the upcoming fall-winter season and what color should it be?”

  1. The Contest Task may be performed by any form of media available at the destination of its publication (Comments section – Instagram).
  2. The Contest Task referred to in paragraph 1 above should be published only in the Comments section, as a comment under the post promoting the Contest on the official Profile of the Organizer.
  3. Participants may submit to the Contest only Contest Tasks made by themselves, the author of which is the submitter.
  4. Contest Tasks posted after the Contest deadline do not participate in the Contest.
  5. The Contest Task may not be edited or altered during the Contest. In the event that an Participant is found to be making changes within a published Contest Task, the Organizer reserves the right to exclude his/her participation in the Contest. 
  6. The Organizer has the right to respond to the content of the comments of the Contest Tasks, under the post promoting the organization of the Contest on the Instagram Profile.
  7. The Contest Task should meet the following additional conditions:
  1. should be prepared in Polish or English (regardless of the form of communication), 
  2. not contain offensive and vulgar content, as well as content that is contrary to good morals and applicable law,
  3. not contain advertising content (with the exception of content related to the Organizer),
  4. the content of the Task should not violate the rights of third parties, especially their personal rights, intellectual property rights and rights to protection of image.
  1. In case of suspicion of occurrence of circumstances referred to in paragraph 8 above, the Organizer has the right to decide to exclude the Participant from participating in the Contest.
  1. DURATION OF THE CONTEST

The Contest shall be held from 02.04.2024 from 6.00 PM to 09.04.2023 until 6.00 PM.

  1. CONTEST COMMITTEE
  1. In order to ensure the proper organization and conduct of the Contest, the Organizer shall appoint a Contest Commission.
  2. The Contest Commission shall be composed of three persons selected by the Organizer.
  3. Members of the Contest Committee shall act as representatives of the Organizer in the organization and conduct of the Contest.
  4. After the expiration of the deadline for making Applications to the Contest through the execution of the Contest Task, the Contest Commission, taking into account all properly made Applications, will proceed to the evaluation of the Contest Tasks, taking into account the following criteria:
  1. compatibility of the answers provided with the subject matter of the Contest,
  2. originality,
  3. creativity,
  4. ingenuity of the responses.
  1. The Winner’s data along with the results of the Contest will be published by the Contest Committee through a dedicated post on the official Organizer’s Profile (indicating the link to the Winner’s Instagram profile) within 7 days after the end of the Contest.
  2. The Winner will be informed of the awarding of the Prize simultaneously through a private message within the personal profile of the Instagram social network.
  3. The Prize Winner of the Contest is required to send the following information within a private message to the Organizer within 48 hours from the publication of the results of the Contest:
  1. first and last name,
  2. mailing address (street, house number, postal code, city),
  3. e-mail correspondence address.
  1. Failure by the Winner to provide the information referred to in paragraph 7 above is tantamount to resignation from the desire to receive the Prize.
  1. PRIZES
  1. The Contest provides for a Prize for the Winner of the Contest, in the form of a voucher of 1000 PLN (in words: 1000 PLN 00/100), to be single used within 6 months from the date of transfer of the Prize for shopping in the online store run by the Organizer: www.ealwero.com. In the case of winning by a person permanently residing outside of the Republic of Poland, the Organizer determines the fixed amount of the Prize in the form of a voucher in the amount of 222 euros (in words: 222 euros 00/100). 
  2. If the full amount of the Prize is not used at one time, the remaining funds available under the voucher shall be forfeite.
  3. Prize awarded in the Contest are not subject to exchange in whole or in part for other prizes, in-kind items or cash equivalent.
  4. Along with the Prize, the Prize Winner shall also receive an additional cash prize in the amount of 11.11% of the value of the Prize won as specified in paragraph 1 above (“Additional Prize”). The Additional Prize is subject to being used to cover the tax charged to the Winner for the Prize, as referred to in Article 30, paragraph 1, item 2 of the Personal Income Tax Act of July 26, 1991 (Journal of Laws 2022.2647, dated December 16, 2022).
  5. The Additional Prize shall be subject to automatic deduction by the Organizer as a lump-sum tax, as referred to in Article 41, paragraph 7 of the Act of July 26, 1991 on Personal Income Tax (Journal of Laws 2022.2647 t.j. of December 16, 2022), on account of the total value of the Prize and the Additional Prize, won in the Contest by the Winner, to which the Winner agrees at the time of application in the Contest.
  6. The Prize will be transferred to the Prize Winner via the provided e-mail correspondence address, within 14 days from the date of full notification to the Organizer of the circumstances indicated in Section No. 4, paragraph 7 of the Regulations. 
  7. Failure to provide the Organizer with full details enabling the transfer of the Prize to the Winner via e-mail correspondence within 48 hours from the date of publication of the results of the Contest shall result in forfeiture of the Prize to the Participant whose Application took the next place in the Contest.
  1. LIABILITY
  1. The Contest Organizer shall not be liable in the event that the Prize cannot be issued due to reasons attributable to the Contest Winner, in particular in the event of failure to provide or provision of incorrect data, a change in the Winner’s data of which the Contest Organizer was not informed, or in the event that the Participant fails to meet the conditions referred to in the Regulations.
  2. The Instagram portal shall be fully indemnified by the Organizer against any Participant of the Contest, in connection with the conduct of the Contest.
  3. The Participant is responsible for the content and form of the Contest Task submitted to the Contest Organizer, and in this regard, releases the Contest Organizer from any liability to third parties whose rights have been violated by the publication of the Contest Task, and in the case of Contest Winners – by using the Contest Task in a manner consistent with the Regulations and specific conditions of the Contest.
  4. Violation of the provisions of the Regulations by the Participant, any attempts to influence the result of the Contest by the Participant or the submission of false data shall constitute grounds for his exclusion from the Contest.
  5. The Organizer of the Contest does not bear responsibility for Contest Tasks that did not reach him for reasons beyond his control, in particular for technical reasons or external circumstances that he could not foresee (force majeure).
  6. The Organizer reserves the right to remove published Contest Tasks within the Profile under the post promoting the organization of the Contest in case of deciding to exclude the Participant from the Contest under the terms of these Regulations. Information about the exclusion from the Contest is subject to communication in a private message.
  1. COMPLAINTS
  1. Complaints in connection with the organization and conduct of the Contest should be reported to the Organizer:
  1. by correspondence to the address: 1 Krakowska St., 43 – 330 Hecznarowice,
  2. by e-mail, to the address: shop@ealwero.com.
  1. Complaints may be submitted within 7 days (seven days) from the date of completion of the Contest.
  2. The complaint should contain the data of the person making the complaint (name, surname, correspondence address, e-mail address), the reason for the complaint and the demand for specific behavior of the Organizer.
  3. Submitted complaints will be considered by the Organizer up to 14 working days, from the date of their delivery.
  4. The Organizer will inform the Participant about the consideration of the complaint in the form in which it was communicated to the Organizer. If a complaint is submitted by traditional correspondence, the Organizer reserves the right to provide information about the consideration of the complaint in the form of electronic correspondence, if an email address is provided in the content of the submitted complaint.
  1. INTELLECTUAL PROPERTY
  1. Bearing in mind that the Contest Task may bear the hallmarks of a work within the meaning of the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws 2006 No. 90, item 631, i.e. with later amendments.), hereinafter referred to as the “Work” – the Winner undertakes to transfer to the Organizer, without obligation to pay remuneration, and in exchange only for the Prize received, the entirety of the author’s economic rights and other transferable rights to the effects of manifestations of human activity (hereinafter referred to as the “Rights”), to any Works created in connection with participation in the Contest.
  2. The Rights shall be transferred without obligation to pay remuneration, but only in exchange for the Prize received, without time or territorial restrictions.
  3. The transfer of Rights to the Works shall take place in all fields of exploitation known at the end of the Contest, including:
  1. with regard to recording of the Works – production of copies of the Works by any technique, including printing, reprography, printing, magnetic recording, audiotape, as well as digital and IT techniques;
  2. with respect to reproduction of the Works – reproduction of the Works and copies thereof, in whole or in part, in any form and by any means available at the time of the commencement of the Contest, including by printing, reprography, offset, photocopying, magnetic recording, digital, information technology, audio and audiovisual techniques,
  3. for the introduction of the Works into the memory of a computer or other electronic device, introduction into multimedia, computer, information, data communications, telecommunications networks, digital platforms and the Internet, as well as its exploitation,
  4. in the scope of circulation of the original or copies on which the Works have been fixed – introduction into circulation, lending or rental of the original or copies,
  5. in the scope of distribution of the Works – making the Works available to the public in such a way that everyone may have access to it at a place and time of their own choosing,
  6. to sell, transfer and make available the acquired Rights to other persons,
  7. to make changes including graphic changes to the Works.
  1. In the event of the appearance in the future of fields of exploitation not listed in paragraph 3 above, the Winner shall be obliged to transfer to the Organizer the entire rights to the Works also in the scope of those fields of exploitation on the same terms as those specified herein, including in particular the terms referred to in paragraph 2 above.
  2. The Prize Winner authorizes the Organizer and hereby consents to the Organizer’s making alterations and other development of the Works in the course of the Organizer’s use of the Works in its business, consisting in particular in changing the color scheme, graphic layout, sizes without author’s supervision.
  3. In the event that the alterations and other compilations of the Works constitute an object of derivative copyrights within the meaning of Article 2 of the Act of 4.02.1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended), the Winner hereby consents to the exercise of derivative rights to the Works and to the disposal and use of such object by the Organizer.
  4. The Winner transfers to the Organizer the right to authorize the exercise of dependent copyright.
  5. The Winner warrants that the Winner and persons entitled by virtue of personal copyright in the Works shall not exercise such rights against the Organizer, its successors in title and their licensees.
  6. Along with the transfer of Rights to the Works, as part of the consideration, the Winner transfers ownership of the media on which the Works were recorded.
  7. Transfer to the Organizer of the Rights to the Works and ownership of the media shall take place upon publication of the results of the Contest on the Organizer’s Profile.
  8. The Winner assures that all Works prepared by the Winner under the Contract shall be original, and the Organizer shall have exclusive property rights to the Works.
  9. The Winner shall be liable to the Organizer for the fact that the Works provided by the Winner shall not infringe the rights of third parties, in whole or in any part.
  10. The Participant, by transferring the solution of the Contest Task to the Contest Organizer, declares that he/she has all rights to this solution and that they are not limited or encumbered in any way, and that he/she is its exclusive author, that it is a manifestation of his/her own creative activity, and that the transfer of the solution of the Contest Task to the Contest Organizer does not violate the rights of any third party. The Participant further guarantees that these rights will not be sold or encumbered to third parties during the Contest.
  11. Upon receipt by the Contest Organizer of the solution to the Contest Task, the Participant grants the Contest Organizer permission, without additional compensation, to use and dispose of the content of the Contest Task for purposes related to the organization of the Contest and its settlement, including in particular the publication of the text in the Contest Organizer’s social media channels of the Organizer’s online store website.
  12. In the event that the Participant violates the rights of third parties, in particular, copyright or trademark protection rights, the Participant whose Application has caused the Organizer’s liability undertakes to indemnify the Organizer from liability arising from such violations and to repair the damage caused to the Organizer.
  1. PROTECTION OF PERSONAL DATA
  1. The Administrator of the Participants’ data is: ALWERO Spółka z ograniczoną odpowiedzialnością (LLC), based in Hecznarowice, 1 Krakowska St., 43 – 330 Hecznarowice, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Bielsko-Biała, VIII Commercial Division of the National Court Register under the number: 0000456429, having NIP: 9372666131 and REGON: 243220390.
  2. The Administrator can be contacted via:
  1. e-mail address: shop@ealwero.com, 
  2. phone no. 509 451 026
  3. in person, at the Administrator’s office. 
  1. Processing of Participants’ personal data will include the following:
  1. first and last name,
  2. nickname of Instagram profile,
  3. e-mail address,
  4. correspondence address.
  1. The Administrator informs that the Participants’ personal data will be processed for the purpose of organizing and conducting the Contest and issuing the Prize in accordance with the Regulations, for tax purposes and possible establishment, investigation or defense against claims.
  2. The basis for the processing of data for the purposes indicated is the consent given by the Participant (Article 6(1)(a)), the legal obligations incumbent on the Administrator (Article 6(1)(c)) and the Administrator’s legitimate interest (Article 6(1)(f)). The legitimate interest of the Administrator is the investigation or defense against claims.
  3. The Contest Organizer shall apply technical and organizational measures to ensure the protection of Participants’ personal data appropriate to the risks and categories of data under protection, in particular to protect the data from being made available to unauthorized persons, from being taken by an unauthorized person, from being processed in violation of the law, and from being altered, lost, damaged or destroyed.
  4. Participants’ personal data will be processed during the period and to the extent (purpose) necessary to conduct the Contest, select the Winners and consider any complaints, as well as to notify of the awarding of the Prize and release of the Prize to the Winner.
  5. Provision of personal data by the Participant is voluntary, but failure to do so will make it impossible to participate in the Contest.
  6. Personal data will be stored for the duration of the Contest, and after its termination until the statute of limitations for possible claims or expiration of data storage obligations under generally applicable laws, no longer than 5 years from the end of the calendar year in which the Contest was held.
  7. The recipients of the Contest Participants’ data are: entities providing hosting services, postal services, entities with which the Organizer cooperates in accounting and tax services, public authorities on the basis and within the limits of the law in particular as KAS, law enforcement agencies.
  8. Personal data of Participants are not transferred to a third country or international organizations.
  9. Personal data of Participants are not subject to automatic processing and profiling.
  10. The Participant has the right to:
  1. access to the content of their data, including requesting a copy of the data,
  2. rectify incorrect data and request completion of incomplete data,
  3. deletion of data (“right to be forgotten”) if one of the following circumstances applies:
  1. the personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
  2. the data subject has withdrawn the consent on which the processing is based and there is no other legal basis for the processing;
  3. the data subject raises an objection under Article 21(1) (in connection with processing based on a task carried out in the public interest or in the exercise of public authority by the Organizer) and there are no overriding legitimate grounds for the processing, or the data subject raises an objection under Article 21(2) to the processing (in connection with processing for direct marketing purposes);
  4. the personal data has been processed unlawfully;
  5. the personal data must be erased in order to comply with a legal obligation under Union law or the law of a Member State to which the Organizer is subject;
  6. the personal data was collected in connection with offering information society services directly to children.
  1. restriction of processing, in the following cases:
  1. the data subject questions the accuracy of the personal data – for a period of time allowing the Organizer to verify the accuracy of the data;
  2. the processing is unlawful and the data subject objects to the erasure of the personal data, requesting instead a restriction on its use;
  3. the Organizer no longer needs the personal data for the purposes of processing, but the data are needed by the data subject to establish, assert or defend claims;
  4. the data subject has raised an objection under Article 21(1) (in relation to processing on the basis of a task carried out in the public interest or in the exercise of public authority by the Organizer) to the processing – until it is determined whether the legitimate grounds on the part of the Organizer override the grounds of the data subject’s objection.
  1. data portability, if:
  1. the processing is carried out on the basis of consent granted or on the basis of a contract, and
  2. the processing is carried out by automated means.
  1. A Participant has the right to lodge a complaint with the supervisory authority with jurisdiction over personal data protection if he/she considers that the processing of his/her personal data violates the General Data Protection Regulation or other provisions of law.
  1. FINAL PROVISIONS
  1. These Regulations are available to Participants electronically, free of charge on the Organizer’s online store: www.ealwero.com, with the possibility of permanent recording.
  2. When entering the Contest, each Participant is obliged to act in accordance with the provisions of the Regulations and applicable laws.
  3. The provisions of these Regulations shall be governed by Polish law.
  4. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply.
  5. These Regulations do not exclude or limit any rights of the Participants, which they are entitled to under mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and mandatory provisions of law, these provisions shall prevail.
  6. Should individual provisions of these Regulations prove to be ineffective, this shall not affect the effectiveness of its remaining provisions. In place of the provisions that prove to be ineffective, those provisions that correspond to the meaning and purpose of these Regulations arising from the entirety of its regulations shall be deemed effective.
  7. In the event of any dispute on the background of the performance of services provided under the Agreement and the Regulations, the competent court to resolve the dispute shall be the court in the territory of the Republic of Poland with jurisdiction over the place of residence of the Organizer.
  8. These regulations have been drawn up in two language versions: Polish and English. In case of differences, the Polish version is binding.
  9. The languages of communication within the Contest is exclusively Polish or English.
  10. The Regulations shall come into force on 02.04.2024.
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