RULES OF CONTRACT "THEGLOOW.COM: Your Summer, Your Form!"
I.. GENERAL PROVISIONS
1. These Regulations define the terms, scope and conditions of participation in the contest "THEGLOOW: Your Summer, Your Form!", organized through Facebook and Instagram (hereinafter referred to as the "Contest"). .
2. The organizer of the Contest "THEGLOOW.COM: Your summer, your form!" is THE RICH SUPPLEMENTS Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Krucza 16/22 Street, 00-526 Warsaw, registered in the register of entrepreneurs kept by the District Court for the capital city of Warsaw under KRS number: 0001017246, NIP:7011127593, REGON: 524363636, being the owner of THEGLOOW.COM sales service (hereinafter: "Organizer").
3. providing an answer under the contest post, located on the Organizer's Contest Page on Facebook or Instagram:
(a) https://www.facebook.com/thegloow
b) https://www.instagram.com/thegloow_com
hereinafter"Competition Sites".
4. Acceptance of these Regulations is a condition of participation, and participation in the Contest and providing data for the Contest is voluntary.
(5) Prizes in the Contest are provided by the Organizer.
(6) 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 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 referred to as "Participant".
7. Employees, co-workers or representatives of the Organizer or Partner, as well as members of their immediate family, are not allowed to participate in the Contest. The members of the immediate family are understood as related and related by blood: ascendants, descendants, siblings, spouses, partners, cohabitants, spouses of siblings, siblings of spouses, parents of spouses and persons in an adoption relationship with the above mentioned persons.
8. Failure to meet any of the conditions set forth in paragraph 6 and/or violation of paragraph 7 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 its return.
9. You must apply to the Contest in person - it is not allowed to create fictitious accounts for the purpose of participation in the Contest or to use the data and accounts of third parties.
10. The Organizer declares that the Contest is in no way sponsored, supported, administered or created in cooperation with Facebook and Instagram social networks. All information provided by Participants in the Contest is entrusted to the Organizer and not to Facebook or Instagram. Taking part in the Contest by the Participant means that the Participant agrees to release Facebook and Instagram from any liability in connection with the Contest. All questions, comments and complaints should be directed to the Organizer and not to Facebook or Instagram. The Organizer agrees to indemnify Facebook and Instagram from any liability to any Contest Entrant who makes a claim against Facebook or Instagram related to this Contest.
II. CONDITIONS OF PARTICIPATION IN THE CONTEST
1. The Contest task consists in:
a) Observing THEGLOOW.COM profile on Facebook or Instagram of the Organizer,
b) Liking the contest post on Facebook or Instagram of the Organizer,
b) Providing an answer under the contest post, located on Facebook or Instagram of the Organizer (hereinafter"Contest post"): "Which, in your opinion, products available on THEGLOOW.COM will have the best effect on taking care of your shape and why?".
2. Completion of the Contest task referred to in paragraph 1 above shall constitute the Participant's formal entry to the Contest (hereinafter: "Entry"). A Participant may not make multiple Entries during the Contest. One Participant may win only once during the entire Contest.
3. The Contest Entry may not be edited, changed during the Contest, only in an exceptional case by prior arrangement with the Contest Organizer.
4. Subject to the other conditions specified in the Regulations, the Contest Entry must meet the following conditions:
a) It must not contain vulgarities, offensive, obscene or illegal content,
b) It cannot contain advertising content concerning any other entities, except advertising content concerning the Organizer, the Partner or the products offered by the Organizer or the Partner.
c) Must not violate the rights of third parties, in particular personal rights, copyrights and the right to protection of the image.
III. PRIZES IN THE COMPETITION
1. Prizes in the Contest for Winners (hereinafter referred to as"Prizes"):
a) 1 x Prize worth 3000 PLN - a package of 12 personal trainings in Warsaw with a professional personal trainer Łukasz Bączek + 2-month pass to Zdrofit Gocław gym and THEGLOOW.COM Gift Card for 500 PLN,
b) 2 x Prize worth 1700 PLN each - packages for 3 months of on-line cooperation with a professional personal trainer Łukasz Bączek + THEGLOOW.COM Gift Cards for 500 PLN each.
2. Prizes in the Contest are not exchangeable for cash equivalent.
3. Participation in the Contest, as well as rights and obligations related to it, including the right to claim the Prize, cannot be transferred to other persons and entities. In the event of the winner's resignation from the Prize, the Organizer has the right to transfer the Prize to another Participant participating in the Contest.
IV. COURSE AND SETTLEMENT OF THE CONTEST
1. The Contest begins on June 14, 2024 and lasts until June 30, 2024, 23:59.
2. The organizer will inform the winners of the contest via a private message on Instagram or Facebook by 08.07.2024.
3. The Organizer reserves the right to remove and not include in the Contest Entries:
a) inconsistent with the regulations of Facebook and Instagram,
b) that do not meet the criteria specified in the Regulations or were submitted in violation of the Rules,
c) violating §2(4) of the Regulations, in particular :
i) containing content that is inconsistent with good morals, immoral, offensive or violates applicable laws,
ii) violating rights, including in particular copyrights or personal rights of third parties, including unlawful advertising content concerning goods and services not offered by the Organizer.
4. In the event that the Organizer determines that an Entry does not meet any of the conditions specified in the Regulations, the Organizer reserves the right not to consider the Entrant who offered it as part of the Entry when deciding the Contest. The Participant may file a complaint regarding the Organizer's decision, according to the rules specified in §7. of the Regulations.
5. In order to ensure the proper organization of the Contest, the proper course of the Contest and the selection of the persons participating in the Contest - including the winners, the Organizer appoints a Contest Committee (hereinafter: "Committee"). Any doubts concerning the rules of the Contest, interpretation and provisions of these Regulations shall be resolved by the Organizer.
6. The Committee will award the Prizes described in §3 of the Regulations to the Participants 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 award the winners of the Contest. The Participant who acquires the right to the Prize will be hereinafter referred to as the "Winner".
7. Administrators of the profile https://www.facebook.com/thegloow and https://www.instagram.com/thegloow_com/ have the right to remove entries published on their profiles that violate the provisions of the Regulations.
8. The Organizer will inform the Winner about the awarding of the Prize by sending a private message via Facebook or Instagram. The Winner is obliged to send correct contact details (first name, last name, street, city, postal code, telephone number).
9. The Prize will be delivered by mail or courier at the Organizer's expense to the Laureate's address provided in accordance with paragraph 8 above. Dispatch of the Prize will take place within twenty-one (21) business days, counting from the date of receipt by the Organizer of the information referred to in paragraph 9 above.
10. The obligation indicated in Paragraph 9 covers only the territory of the Republic of Poland. In the event that the place of transfer of the Prize is outside the territory of the Republic of Poland, the Organizer shall have the right to withhold the transfer of the Prize until the amount equivalent to the cost of shipping the Prize outside the territory of the Republic of Poland is received from the Winner.
11. In the event that it is not possible to transfer the Prize as a result of giving incorrect data or changing the Laureate's data, of which the Organizer was not informed, or in the event that the Laureate does not fulfill 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.
12. In order for the Organizer to fulfill its obligation to pay income tax on winnings, as stipulated by law, the Winner will be required to provide the Organizer with the Winner's 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.
13. The tax payer referred to in Paragraph 12. above is the Organizer.
V. COPYRIGHTS
1. By submitting the Entry, the Entrant accepts the provisions of the Terms and Conditions without any separate statement to that effect and is deemed to have made the following representations and commitments by the Entrant: The Submission is a manifestation of the Participant's individual and original work. The Participant has all rights to the submitted Entry, which 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 the Organizer's brand in any media and medium (to the extent covered by the license referred to below).
2. The Participant 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 using the 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 in the Application, 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 Organizer of the Contest for 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 moral rights against the Organizer with respect to the Entry.
VI. 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, registered 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 Organizer).
2. Contact with the Administrator:
a) By letter to the registered office address,
b) Electronically to the e-mail address: info@thegloow.com
3. Personal data of the Contest Participants are processed for:
a) The realization of the contest (service) under the rules described in the Regulations of the contest, and activities undertaken in connection with its organization, including the proper conduct of the contest, the selection of contest winners and the awarding of contest prizes, etc. (basis of Article 6(1) li. b) RODO),
b) to fulfill the Organizer's legal obligations under tax and accounting law (legal basis: art. 6 par. 1 lit. c) RODO;
c) 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) (basis of Article 6(1)(f) RODO),
d) in the event that the processing of the Participant's personal data were to take place for a purpose other than those indicated above, each time it will take place after obtaining the consent of the data subject to the processing of personal data, to the extent and for the purpose indicated in that consent (the basis of Article 6(1)(a) RODO).
4. Personal data shall be processed to the extent specified in these Contest Regulations, which include the following categories of data:
a) data on the Participant's Facebook profile and the Participant's activity to the extent necessary to conduct the Contest,
b) name, e-mail address and mailing address of the Participant,
c) other data provided voluntarily by the Participant for the purpose of participating in the Contest.
5. The Participant's personal data may be transferred:
a) To authorized employees and associates of the data controller,
b) entities cooperating with us, in particular suppliers of IT systems and services and service providers supplying the Organizer with technical, IT and organizational solutions enabling the Organizer to run its business, including our websites and electronic services provided through them (in particular, suppliers of computer software for running our websites, suppliers of e-mail and hosting, and suppliers of software for managing the company and providing technical assistance to the Organizer), entities providing services and tools in the field of customer service, the execution of contests, selected carriers or intermediaries delivering shipments on our behalf, providers of accounting, legal or advisory services providing accounting, legal or advisory support to the Organizer (in particular, accounting offices, law firms or debt collection companies), providers of social plug-ins, scripts and tools enabling the integration of the website of the service and the services provided through it with the electronic services of external social networks, including Meta Platforms Ireland Ltd., as well as providers of systems to automate the newsletter service- on a commissioned basis, with such entities processing personal data in accordance with the agreements concluded for the 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, on the basis of the data subject's express consent. 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 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 interest 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 informed that you have withdrawn your consent. Your consent is voluntary, so you can withdraw it at any time and this will not affect the lawfulness of the processing performed on the basis of your consent before withdrawal.
8. Participation in the Contest is voluntary, while the provision of personal data by the Participant is voluntary, but necessary to participate in the Contest.
9. A 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 correct, delete or limit 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.
VII. COMPLAINTS
1. All complaints and grievances regarding the conduct of the Contest will be accepted within 7 calendar days from the date of Contest settlement. Complaints will be resolved by the Commission within 7 calendar days from the date of receipt of the complaint.
2. The complaint should be sent to the Organizer's e-mail address konkurs@thegloow.com, stating in the title of the message "Complaint: THEGLOOW.COM COMPETITION: Your Summer, Your Form!". The complaint should include: name, surname, exact address of the Participant, as well as an indication of the reason for the complaint and the specified behavior by the Organizer.
3. The complainant will be informed of the resolution in the manner requested in the complaint, i.e. either in writing, to the mailing address provided by the complainant, or in documentary form to the e - mail address.
4. The complaint or claim should include: Participant's name, mailing address or e - mail address, and a description of the circumstances giving rise to the complaint or claim, and the manner in which the Participant wishes to be notified of the processing of the complaint (registered letter or e - mail).
VIII GENERAL PROVISIONS
1. The Regulations of the Contest are available at: https://thegloow.com/pl/content/77-regulamin-konkursu-thegloowcom-twoje-lato-twoja-forma
2. An abbreviated description of the Contest rules may be found on Facebook and Instagram and the Organizer's websites. All such content is for informational purposes only. Only the provisions of these Regulations and the applicable legal regulations shall have legal force.
3. The Organizer has the right to change the Regulations of the contest, but the changes to the Regulations 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.
4. 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 the Internet links or the Participant's software or hardware) or force majeure events related to the implementation of services, it is unable to fulfill all or part of the obligations provided for in these Regulations, despite the Organizer's exercising special care.
5. 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, 13.06.2024.