TERMS AND CONDITIONS OF THE CONTEST "SHINE WITH THEGLOOW.COM FOR CHRISTMAS"
I. DEFINITIONS
Assortment - goods available in the Store, which are the subject of the Sales Agreement between the Customer and the Organizer.
Customer - a natural person with full legal capacity, as well as a legal person or an organizational unit without legal personality, to which the law grants legal capacity, making purchases in the Organizer's store, available on the Contest Site.
ContestCommittee - the Committee appointed by the Organizer, ensuring the proper conduct of the Contest and the selection of the Winners.
Contest - promotional action "Dazzle with THEGLOOW.COM for Christmas". The rules of using the Contest are defined in these Regulations.
Winner - the Participant of the Contest, whose Entry has been recognized by the Committee as complying with the Regulations and as the best in terms of ingenuity, creativity and originality.
License - the Participant's consent to use the Entry submitted by the Participant, under the terms and conditions specified in the Regulations.
Organizer/Administrator - The Rich Supplements limited liability company based in Warsaw, address: Krucza 16/22 Street, 00-526 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Business Department, under KRS: 0001017246, NIP: 7011127593, REGON: 524363636, share capital: PLN 505,000.
Partner - the founder of product prizes in the Contest.
Rules - this set of regulations and rules of using the Contest
Regulations of Gift Cards- the set of rules and regulations governing the purchase and use of a gift card, available at URL: https://thegloow.com/pl/content/61-regulamin-karty-prezentowej.
Store - the online sales service run by the Organizer, available to Customers at www.thegloow.com.
Contest Site - the website maintained by the Organizer, including the Contact Form and the Regulations, through which the Organizer will announce the Winners, available at: https://www.thegloow.com/pl/content/55-konkurs-2023
Participant - a customer of the Organizer's online store, participating in the Contest.
Sales Agreement - an agreement concerning the sale of the Assortment by the Organizer to the Client, against payment of the price plus any additional fees, in particular shipping costs. The Sales Agreement is concluded between the Customer and the Organizer, using means of remote communication, at the moment the Customer receives the appropriate email message from the Organizer, sent to the email address indicated in the Order.
Order - the Customer's declaration of will expressing direct will to conclude the Sales Agreement at a distance, submitted using means of remote communication, specifying the Assortment, as to which the Customer makes an offer to conclude the Sales Agreement, and the Customer's personal data necessary for the possible conclusion and execution of the Sales Agreement.
Application - performing the contest task specified in the Regulations below and sending it to the Organizer.
II. GENERAL PROVISIONS
(1) These Terms and Conditions define the rules of participation in the Contest "Dazzle with THEGLOOW.COM for Christmas". hereinafter referred to as the "Contest".
(2) The Contest is conducted on the territory of Poland.
(3) The Organizer of the Contest is The Rich Supplements limited liability company based in Warsaw, address: Krucza 16/22 Street, 00-526 Warsaw, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Department, under the KRS number: 0001017246, NIP: 7011127593, REGON: 524363636, share capital: PLN 505,000, hereinafter referred to as the "Organizer".
(4) The sponsor of the prizes in the Contest is the Organizer and the Organizer's Partners.
5 The Contest is conducted in the Organizer's online store, operated by the Organizer, available to Customers (hereinafter referred to as the "Store"), through the Contest Site, available at: https://www.thegloow.com/pl/content/55-konkurs-2023, hereinafter referred to as the "Contest Site", based on these Contest Rules (hereinafter referred to as the "Rules").
(6) Participation is conditional on acceptance of these Regulations, the Gift Cards Regulations, acceptance of the marketing consents referred to in Section V, paragraph 1, and participation in the Contest and provision of data for the purposes of the Contest is voluntary.
III. PARTICIPANTS
(1) Any natural person who meets the following conditions may be a participant in the Contest:
(a) has a place of residence in the territory of the Republic of Poland;
b) is of full legal age and has full legal capacity;
c) has read and accepts the provisions of the Competition Regulations;
d) has completed the Contest task;
hereinafter also as: "Participant".
(2) Employees, associates or representatives of the Organizer, as well as members of their immediate families, may not participate in the Contest. Members of the immediate family are understood as: ascendants, descendants, siblings, spouses, spouses of siblings, spouses' siblings, spouses' parents and persons in an adoption relationship with the above-mentioned persons.
(3) Failure to meet any of the conditions set forth in paragraph 1 and/or violation of paragraph 2 above, shall constitute grounds for exclusion of the Participant from the Contest, and in the event of subsequent discovery of these circumstances, including after the date of issuance of the prize, the right to claim reimbursement.
IV. AWARDS
1 Prizes in the Contest for Winners:
(a) 1 x Main Prize - "Win a Year with THEGLOOW.COM" - a year's shopping at THEGLOOW.COM, with a total value of 2400 PLN.
b) 10 x THEGLOOW.COM electronic gift card with a denomination of 100 PLN.
c) 50 x product prizes. The list of product prizes is available in Appendix No. 1 to the Regulations.
Hereinafter referred to as "Prizes".
(2) The winner of the main prize referred to in Paragraph 1(a) for 12 consecutive months, starting from the month following the month in which the Organizer announces the results of the Contest, will receive at the e-mail address indicated in the Contest Form, until the 5th (say: fifth) day of the month, a discount code to be used in the Organizer's Store with a value of 200 PLN. The amount of discounts received in subsequent months, do not add up. The winner may use the received discount code within 30 days of its receipt.
(3) The choice of the product prize referred to in paragraph 2(c) above, which the Laureate will receive, is up to the Commission.
(4) The contest prize will be issued only in the form specified in the Regulations, without the possibility of paying its equivalent in cash or exchanging it for another prize.
5. the Regulations for the use of the gift cards specified in paragraph 2 above can be found at: https://thegloow.com/pl/content/61-regulamin-karty-prezentowej
V. TERMS AND CONDITIONS OF PARTICIPATION
(1) The condition of participation in the Contest is to agree to receive marketing communications by e-mail and telephone regarding the Organizer and its partners, and to perform the Contest task referred to in paragraph 2 below.
(2) The Contest task consists in:
a) Making a one-time Order in the Organizer's store, available at: www.thegloow.com., for an Assortment with a minimum value of 99 PLN;
b) Providing in the Contest Form, available at https://www.thegloow.com/pl/content/55-konkurs-2023, the participant's contact details and the Order number referred to under a) above, hereinafter referred to as the "Contest Form";
c) Providing an answer to the contest question in the Contest Form,
(3) Completion of the Contest task referred to in paragraph 1 above constitutes the Participant's formal application to the Contest (hereinafter: "Application"). A Participant may make multiple Entries during the Contest. One Participant may only win once during the entire Contest.
(4) The Contest Entry may not be edited during the Contest.
(5) Subject to the other conditions set forth in the Rules, the Contest Entry must meet the following conditions:
(a) It must be written in Polish or English.
b) It must not contain vulgarisms, offensive, obscene or illegal content,
c) It cannot contain advertising content concerning any other entities, except advertising content concerning the Organizer or the products offered by it;
d) It cannot violate the rights of third parties, in particular personal rights, copyrights and the right to protection of image.
VI. COURSE OF THE COMPETITION
(1) The contest shall begin on December 6, 2023, 09:00 a.m. and shall continue until December 31, 2023, 11:59 p.m.
2. By January 19, 2024, the Organizer will inform the Participant about the outcome of the Contest on the Contest Site at the latest. By January 19, 2024, the Organizer will inform the Participant about the awarding of the Prize, in accordance with paragraph 7 below. The Organizer reserves the right to contact only the Winners of the Contest. Failure of the Participant to receive a message from the Organizer about the awarding of the Prize is equivalent to not acquiring the right to the Prize.
(3) The Organizer reserves the right to remove and not include in the Contest Entries:
(a) that do not meet the criteria specified in the Regulations or that were submitted contrary to the rules of the Regulations,
b) violating Chapter VI, Paragraph 5 of the Regulations, in particular:
(i) containing content that is inconsistent with good morals, immoral, offensive or violates applicable laws;
ii) violating the rights, in particular the copyrights or personal rights of third parties, including the unlawful use of images of third parties; containing logos or advertising content of any goods or services other than those available in the Store.
(4) In the event that the Organizer determines that an Entry does not meet any of the conditions set forth in these Rules, the Organizer reserves the right not to consider the Participant who proposed it as part of the Entry when determining the Contest. The Participant may file a complaint regarding the decision of the Organizer, according to the rules set forth in Chapter IX. of these Regulations.
(5) In order to ensure the proper organization of the Contest, the proper course of the Contest and the selection of the Participants - including the Winners, the Organizer appoints a Contest Committee (hereinafter: "Committee"). Any doubts regarding the rules of the Contest, interpretation and provisions of these Regulations shall be resolved by the Organizer.
(6) The Commission shall award the Prizes described in Chapter IV. Regulations. To the Participant whose Entry meets the requirements specified in these Regulations and which is considered the best in terms of ingenuity, creativity and originality. The Organizer reserves the right not to argue the selection of the winner of the Contest. The Participant who acquires the right to the Prize shall be hereinafter referred to as the "Winner".
(7) The Organizer will inform the Laureate about the awarding of the Prize by sending an e-mail to the address provided in the Contest Form. The Laureate is obliged to send correct contact information in the Contest Form (name, surname, street, city, postal code, telephone number, e-mail address).
(8) The Prize referred to in Chapter IV, Paragraph 1, letters a) and b) of the Regulations will be delivered electronically, to the e-mail address provided in the Contest Form. The Prize referred to in Chapter IV, paragraph 1, letter c) of the Regulations will be delivered by mail or courier at the Organizer's expense, to the Winner's address specified in the Contest Form. Dispatch of the Prize will take place within 5 (in words: five) working days, counting from the day the results of the Contest are announced.
(9) In order for the Organizer to fulfill its obligation to pay income tax on the prizes, as stipulated by law, the Winner will be required to provide the Organizer with his/her PESEL number and indicate the tax office competent for the Winner (name and exact address). If the Organizer does not receive the indicated data of the Participant within 7 days counting from the day of receiving the notification of winning, in the manner referred to in paragraph 8 above, the Laureate loses the right to receive the Prize.
(10) The tax payer referred to in Paragraph 9. above shall be the Organizer.
11. in the event that it is not possible to deliver the Prize, as a result of providing incorrect data or a change of data of the Laureate, of which the Organizer was not informed, or in the event that the Laureate does not meet the conditions referred to in these Regulations, as well as in the event of three unsuccessful attempts to deliver the Prize, the Laureate loses the right to claim the Prize, and the Contest Committee selects the Laureate of the Contest again.
VII. COPYRIGHTS
(1) Submission of the Entry is tantamount to the Participant's acceptance of the provisions of the Terms and Conditions without the need to make separate statements to that effect, and is tantamount to the Participant making the following representations and commitments: The Submission is a manifestation of the Participant's individual and original work, the Participant has all rights to the Submission submitted are not limited or encumbered in any way for the benefit of third parties. The Participant accepts that the Contest Task may be used for the purpose of advertising THEGLOOW brand in any media and carriers (to the extent covered by the license referred to below).
(2) The Entrant grants the Organizer a non-exclusive, transferable, including the right to sublicense, royalty-free, worldwide license to use his/her Entry, in the following fields of exploitation:
(a) in terms of recording and reproduction - production of copies of the work in any technically possible form and reproduction by any technique in any number of copies, including in particular digital, printing, reprographic, magnetic recording techniques,
b) marketing, lending or leasing copies of the work,
c) use of the whole or individual elements of the competition work for the purpose of creating any advertising materials and using them as part of advertising materials, through their fixation and reproduction by techniques described in a) above, as well as marketing, renting, lending, and making them available to the public in such a way that everyone can have access to them at a place and time of their own choosing,
(d) introduction into computer memory,
e) distribution and making available on the Internet, radio or television.
hereinafter referred to as the "License".
(3) The License also includes the right to authorize the exercise of derivative copyrights to the Entry, without limitation of time and territory, in the fields of exploitation indicated in paragraph 2. above.
(4) The Participant undertakes not to make any claims against the Contest Organizer due to the Organizer's use of the Entry submitted by the Participant, in accordance with the provisions of these Regulations and the License granted.
(5) The Participant agrees not to exercise his/her personal copyrights against the Organizer with respect to the Entry.
VIII. PERSONAL DATA OF THE CONTEST PARTICIPANTS
1) The Administrator of the Participants' personal data is THE RICH SUPPLEMENTS Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, 16/22 Krucza Street, 00-526 Warsaw, entered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw under KRS number: 0001017246, NIP:7011127593, REGON: 524363636 (referred to as the Administrator or the Organizer).
2 Contact with the Administrator:
a) By mail to the address of the registered office,
b) Electronically to the e-mail address: info@thegloow.com
(3) Personal data of the Contest Participants are processed for:
a) realization of the contest (service) on the principles described in the Contest Regulations, and activities undertaken in connection with its organization, including the proper conduct of the contest, selection of contest winners and awarding of contest prizes, etc. (basis of Article 6(1) li. b) of the RODO),
b) sending marketing communications, including image and product advertisements, information about news, promotions, sales, special actions, promotions, contests and discount codes. A participant may opt out of receiving marketing communications at any time free of charge (basis of Article 6(1)(a) of the DPA).
c) to fulfill the Organizer's legal obligations under tax and accounting law (legal basis: Article 6(1)(c) RODO;
d) resulting from the legitimate interests of the Organizer, which is, among others, the establishment, defense and assertion of claims and the creation of compilations, analyses and statistics for the internal needs of the Organizer, as well as the handling of inquiries and complaints, direct marketing carried out in traditional form (e.g. by letter) (legal basis: Article 6(1)(f) RODO),
e) should the processing of the Participant's personal data be carried out for a purpose other than those indicated above, each time it will take place after obtaining the data subject's consent to the processing of personal data to the extent and for the purpose indicated in that consent (basis of Article 6(1)(a) RODO).
(4) Personal data shall be processed to the extent specified in these Contest Regulations, which includes the following categories of data:
(a) first and last name, e-mail address and mailing address of the Participant,
b) other data provided voluntarily by the Participant for the purpose of participating in the Contest.
5 The Participant's personal data may be transferred to:
(a) authorized employees and associates of the data controller,
b) cooperating entities, in particular suppliers of IT systems and services and service providers supplying the Organizer with technical, IT and organizational solutions enabling the Organizer to conduct its business, including our websites and the electronic services provided through them (in particular, to providers of computer software to run our websites, providers of email and hosting, and providers of business management and technical support software to the Organizer), to providers of services and tools in the field of customer service, execution of contests, selected carriers or intermediaries delivering shipments on our behalf,, providers of accounting, legal or advisory services that provide accounting, legal or advisory support to the Organizer (in particular, accounting offices, law firms or debt collection companies), as well as providers of systems to automate the newsletter service - on a commissioned service basis, with such entities processing personal data in accordance with the concluded contracts for entrustment of personal data processing and only in accordance with our instructions,
c) entities authorized to do so under generally applicable laws.
6 The Administrator may transfer personal data to third countries, i.e. countries outside the European Economic Area. Your data may be transferred only to third countries or entities for which an adequate level of data protection has been established by a decision of the European Commission. In the absence of a decision by the European Commission declaring an adequate level of protection as defined in Article 45(3) RODO, your personal data may be transferred to a third country only on the basis of: binding corporate rules, standard data protection clauses adopted by the European Commission, standard data protection clauses adopted by the Polish supervisory authority and approved by the Commission, an approved code of conduct or an approved certification mechanism (Article 46 RODO). In the absence of a decision by the European Commission declaring an adequate level of personal data protection under third country legislation or the lack of application of adequate legal safeguards, the Participant's Personal Data may be transferred to a third country on the basis of one of the grounds listed in Article 49(1) of the RODO, including in particular the express consent of the Data Subject. The data subject shall have the right to obtain a copy of the personal data transferred to a third country.
7 Storage period:
(a) in the case of processing for the purpose of the competition and the activities undertaken in connection with its organization, until the end of the competition, the selection of winners and the awarding of prizes, subject to the periods below,
b) in accordance with legal regulations that may oblige us to process data for a certain period of time (e.g., tax returns - 5 years from the end of the tax period),
c) for the period that is necessary to protect our interests as a data controller,
d) for other purposes based on our legitimate interests for the period of validity of those purposes or until you object.
e) for processing based on your consent, including for marketing purposes, until you are notified that you have withdrawn your consent. Giving consent is voluntary, so you can withdraw it at any time and this will not affect the legality of the processing performed on its basis before withdrawal,
8 Participation in the Contest and consent is voluntary. Submission of personal data by the Participant is voluntary, but necessary to participate in the Contest.
(9) The person whose personal data is processed in connection with the Contest has the right at any time to access the content of his/her personal data, to rectify, delete or restrict processing, as well as the right to object to processing, the right to request transfer of his/her data, and the right to withdraw consent at any time.
(10) The data subject has the right to lodge a complaint with the supervisory authority, which in Poland is the President of the Office for Personal Data Protection, based in Warsaw, 2 Stawki Street, who can be contacted as follows:
a. by mail: 2 Stawki Street, 00-193 Warsaw,
b. by electronic mailbox available on the website,
c. by telephone through the hotline: 606 950 000.
IX COMPLAINTS
(1) All complaints regarding the conduct of the Contest will be accepted within 7 calendar days from the date of settlement of the Contest. Complaints will be resolved by the Committee within 7 calendar days from the date of receipt of the complaint.
(2) The complaint should be sent to the Organizer's email address konkurs@thegloow.com, stating in the title of the message "Complaint: COMPETITION "DREAM WITH THEGLOOW.COM FOR HOLIDAYS". The complaint should include: name, surname, exact address of the Participant, as well as indication of the reason for the complaint and the specified behavior by the Organizer.
(3) The person filing the complaint will be informed of the decision in writing by registered mail, sent to the address given in the complaint within 7 days from the date of complaint consideration. In addition, the Organizer may notify the decision by telephone or e-mail.
X. FINAL PROVISIONS
1) The Rules of the Contest are available at https://thegloow.com/pl/content/-regulamin-konkursu-zablysnij-z-thegloowcom-na-swieta.
(2) A brief description of the rules of the Contest may be found on the websites belonging to the Organizer. All such content is for informational purposes only. Only the provisions of these Contest Regulations and the applicable legal regulations shall have legal force. The Organizer has the right to change the Rules of the Contest, but the changes to the Rules of the Contest will not violate the acquired rights of the Participants. In the event that any of the provisions of these Regulations are changed or invalidated by a decision of a competent authority or court, the remaining provisions of these Regulations shall remain in force and bind the Organizer and the Participant.
(3) The Organizer shall not be liable if, due to the actions of service providers (e.g. postal service, carriers, telecommunication companies, computer network administrators, malfunction of Internet connections or the Participant's software or hardware) or force majeure events related to the implementation of services, it will not be able to fulfill all or part of the obligations provided for in these Regulations, despite the Organizer's best efforts.
(4) The Contest does not constitute a promotional lottery within the meaning of the Act of November 19, 2009 on gambling games (Journal of Laws of 2018, item 165, as amended).
Warsaw, 29.12.2023.
Attachments:
1. Appendix No. 1 - list of product prizes
Appendix 1 - list of product awards
1 x Grand Prize - One Year of Supplementation with THEGLOOW.COM (one year of purchases worth 2400 PLN)
4 x 3 - month hair treatment with Medilage brand
20 x Mugler Angel EDP gift set
10 x Balmain Hair Couture set
20 x Product Set consisting of Swedish Collagen Deluxe 500 ml, Caudalie Premier Cru Riche cream, NAK Haircare Replance cream
10 x THEGLOOW.COM gift card worth 100 PLN
AMENDMENT TO THE TERMS AND CONDITIONS OF THE CONTEST "SHINE WITH THEGLOOW.COM FOR CHRISTMAS" (hereinafter referred to as "Addendum")
§ 1. AMENDMENT TO THE RULES
1 Pursuant to Chapter X, Paragraph 2 of the Regulations of the Contest "Dazzle with THEGLOOW.COM for Christmas". (hereinafter referred to as "Regulations") the Organizer changes the method of announcing the winners of the Contest.
(2) Section VI, Paragraph 2 of the Regulations is amended by making it read as follows:
(2) The Organizer shall announce the winners of the Contest no later than January 19, 2024 on the Contest Site. By January 19, 2024, the Organizer will inform the Participant about the awarding of the Prize, in accordance with paragraph 7 below. The Organizer reserves the right to contact only the Winners of the Contest. Failure of the Participant to receive a message from the Organizer about the awarding of the Prize is equivalent to not acquiring the right to the Prize.
(3) This amendment does not affect the Participants' acquired rights.
(4) For the avoidance of doubt, the Organizer declares that due to the fact that the Contest is not continuous, Article 3841 of the Civil Code does not apply to the Annex.
§ 2. FINAL PROVISIONS
(1) In other respects, the Rules remain unchanged.
(2) Capitalized terms that do not have a definition given in the Annex shall have the meaning ascribed to them in the Regulations.
(3) The Annex shall enter into force on December 29, 2023.
Warsaw, 29.12.2023.