RULES OF THE „Instalaunch Giveaway" CONTEST
(hereinafter also: the „Rules” or „Contest Rules”)
1. GENERAL PROVISIONS
1.1. The organiser of the contest "Instalaunch Giveaway" (hereinafter also: the "Contest") and the grantor of the prizes in the Contest within the meaning of Article 921 of the Polish Act of 23 April 1964 - Civil Code (i.e. Journal of Laws of 2022, item 1360, hereinafter also: the "PCC") is Mechanistry Sp. z o.o. with its registered office in Warsaw, Rondo Daszyńskiego 2B, 00-843 Warsaw, Poland, entered into the register of entrepreneurs kept by District Court for Warsaw, 13th Commercial Division of the National Court Register under the KRS number 0000630339, NIP [tax. no.] 5272775893, REGON [business statistical no.] 365026726; website address: https://mechanistry.com/; e-mail: hello@mechanistry.com (hereinafter also: the „Organiser”).
1.2. The Contest is international in scope and is conducted on the Internet on an account belonging to the Organiser within the Instagram social network at the URL: https://www.instagram.com/timberborn_official/ (hereinafter also: the „Social Network”). For the avoidance of any doubt, the Organizer indicates that this is the Contest by Organiser. Instagram does not sponsor or endorse this Contest and is not responsible for it.
1.3. The Rules establish the conditions of participation and the terms and conditions of the Contest and define the rights and obligations of the Contestants, as well as the rights and obligations of the Organiser.
2. SUBJECT AND OBJECTIVE OF THE CONTEST
2.1. The subject of the Contest is to select, in accordance with the rules specified in these Rules, the correct and the most interesting and original, in the subjective assessment of the Contest Commission referred to in section 6.1., Contest Work and to award the Prizes.
2.2. The Contest is aimed at promoting the Organizer.
3. DURATION OF THE CONTEST
3.1. The Contest runs from April 19, 2024 14.00 CEST to April 25, 2024 23.59 CEST (also referred to as the "Contest Period").
4. CONDITIONS FOR PARTICIPATION IN THE CONTEST
4.1. The Contest is available only to natural persons who, on the day of participating in the Contest, are at least 18 years of age, have full legal capacity and meet the conditions set out in these Rules, particularly place the Contest Work referred to in section 5.2 of the Rules within the Organizer's Social Network under the terms set out in the Contest Rules (hereinafter also separately: "Contestant" or collectively: "Contestants").
4.2. The Contest is not available to:
4.2.1. the Organiser's employees;
4.2.2. the Organiser's co-workers (i.e. persons and organisational units cooperating on the basis of civil law contracts), or members of the Organiser's organs;
4.3.3. persons other than those listed above who participate in the organisation and conduct of the Contest or who are in a business/actual relationship with the Organiser's employees or co-workers.
4.3. Participation in the Contest is voluntary and free of charge.
5. THE PRINCIPLES OF THE CONTEST
5.1. The Organizer shall announce the contest in a post on the Social Network.
5.2. The Contest consists of a Contestant posting within the Social Network a story entirely made of up to 10 emojis (hereinafter also: the "Contest Work”), as a comment on the Organizer's post referred to in section 5.1.
5.3. The Contest Work may consist of up to 10 emojis, and must include a beaver emoji.
5.4. Each Contestant may submit only one Contest Work.
5.5. Contest Works may only be submitted during the Contest Period.
5.6. It is forbidden to submit any Contest Work that is unlawful or inconsistent with the Rules of the Contest; particularly it is forbidden to submit any erotic, pornographic, vulgar, offensive or obscene Contest Work, violating both Polish and international legal and moral norms, depicting or promoting violence, hatred, discrimination (racial, cultural, ethnic, religious or philosophical, etc.), violating personal rights or insulting the dignity or feelings of others (including religious and political ones), as well as those of an advertising, commercial or promotional nature. The Organiser has the right to remove this Contest Work referred to in the preceding sentence. The Organizer shall inform that such Contest Work violates the Regulations, and therefore be removed and not be subject to evaluation by the Contest Commission.
5.7. The Organiser may provide the Contestant with information concerning the Contest, especially regarding its course and results. The information referred to in the preceding sentence does not constitute, particularly, commercial information and will be communicated to the Contestant in the form of a private message sent in the Social Network.
6. THE CONTEST COMMISSION
6.1. The Contest Works are judged by a Commission appointed by the Organiser (hereinafter also referred to as the "Contest Commission").
6.2. The Contest Commission shall act in accordance with the rules set out in these Rules, in particular it shall select the Contest Winners referred to in section 7.1. of the Rules and decide on awarding the Prizes referred to in section 8.1. of the Rules.
7. THE PRINCIPLES FOR SELECTING THE CONTEST WINNERS
7.1. The Contest winner is the Contestant whose Contest Work posted on the Social Network is, in the Contest Commission's opinion, the most interesting, original and imaginative, and best reflects the nature of the Contest and its theme (hereinafter also referred to as the "Contest Winner").
7.2. A total of 5 (in words: five) Contest Winners shall be selected in the Contest.
7.3. The Contest Commission has full discretion in making the decisions described in this section 7, and in particular may adopt criteria for the selection of the Contest Work based on subjective feelings.
7.4. The Organiser reserves the right to terminate the Contest without selecting Contest Winners.
8. PRIZES
8.1. The Prize in the Contest is a digital key to the video game "Timberborn" of the value of PLN 114,99 (in words: one hundred fourteen zloty, ninety-nine grosz) (hereinafter also: the "Prize"). The Contest provides for a limited number of Prizes i.e. 5 (in words: five) Contest Winners.
8.2. The Prize has the character of a free-of-charge benefit, which is listed in Article 20(1) of the Polish Personal Income Tax Act of 26 July 1991 (i.e. Journal of Laws of 2021, item 1128, hereinafter also referred to as "PIT"), is connected with the promotion or advertising of the Organiser, its one-off value does not exceed the amount of PLN 200.00 and is not provided to an employee of the Organiser or a person who is in a civil-law relationship with the Organiser, as a result of which the Prize meets the conditions for exemption from income tax specified in art. 21 sec. 1 item 68a of the PIT.
8.3. Each Contest Winner may only receive one Prize.
8.4. Prizes are not exchangeable or convertible, in particular they cannot be exchanged for monetary amounts.
9. ANNOUNCEMENT OF THE CONTEST RESULTS
9.1. The results of the Contest will be announced through the publication of a list of the Contest Winners, including the usernames of the users registered in the Social Network under which the Contest Winners participated in the Contest (hereinafter also: "List of Winners"). The publication will take place on the Social Network within seven days after the end of the Contest Period (hereinafter also: "Announcement of Contest Results").
9.2. The Contest Organizer reserves the right to publish the Contest Winner's registered username under which he or she participated in the Contest on the Social Network, to which the Contest Winner hereby agrees.
9.3. Once the List of Winners has been published in accordance with section 1 above, the personal details of the Contest Winners will be verified and the Prizes will be dispatched as set out below in section 10 of the Rules.
10. ISSUE OF PRIZES
10.1. Once the Contest Winner has confirmed their data, the Organiser will send the awarded Prize to the Contest Winner via a private message sent to the Contest Winner's account on the Social Network no later than 3 days from the date of the Announcement of Contest Results.
11. COPYRIGHTS
11.1. Only those Contest Works may be submitted to the Contest, the use of which by the Organizer, in accordance with the Rules and the permissions granted under the Rules, is in compliance with the regulations in force and does not violate the rights of third parties, especially copyrights and personal rights.
11.2. The Organiser reserves, in accordance with Article 921 § 3 of the PCC, that he acquires the author's economic rights to the awarded Contest Work as of the date of issuing the Prize to the Contest Winner.
12. PERSONAL DATA
12.1. The controller of the personal data of the Contestants is the Organiser, i.e. Mechanistry Sp. z o.o. with its registered office in Warsaw, Rondo Daszyńskiego 2B, 00-843 Warsaw, Poland entered into the register of entrepreneurs kept by District Court for Warsaw, 13th Commercial Division of the National Court Register under the KRS number 0000630339, NIP [tax. no.] 5272775893, REGON [business statistical no.] 365026726; website https://mechanistry.com/; e-mail: hello@mechanistry.com.
12.2. For the purpose of the Contest, the Organizer shall process only personal data such as username in the Social Network. The Organizer may also process additional personal data such as name or email address if the Contestant provides it to the Organizer e.g. during the Complaint process.
12.3. Contestants' Personal Data shall be processed by the Organiser for the purpose of:
12.3.1. conducting the Contest described in these Rules, i.e. for the purpose of accepting entries to the Contest, determining the winners of the Contest, issuing the Prizes, processing possible complaints, answering possible questions regarding the Contest and investigating or defending against possible claims by Contestants in connection with the conduct of the Contest;
12.3.2. establishment, exercise or defence of eventual legal claims - the legal basis for the processing of personal data is Article 6 (1) (f) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter “GDPR”);
12.3.3. complying with legal obligations of the Organiser, in particular accounting and tax obligations - the legal basis for the processing of personal data is Article 6 (1) (c) of the GDPR, in connection with specific legal provisions imposing an obligation.
12.4. The provision of personal data is voluntary but may be necessary to participate in the Contest.
12.5. The Organiser uses appropriate technical and organisational measures to ensure the protection of personal data.
12.6. Recipients of Contestant’s personal data may be in particular entities performing accounting, tax consultancy, advisory, marketing, social media and IT services, including, within aforementioned activities, related and affiliated entities.
12.7. The Data may be transferred outside the European Economic Area, for the purpose and in connection with organization of the Contest via Social Network. In such cases, the Organiser shall ensure the protection of personal data, in particular, by applying the standard data protection clauses adopted by a decision of the European Commission or by transferring personal data to countries for which the European Commission has issued a decision establishing an adequate level of data protection. You may obtain a copy of the data protection safeguards for data transferred outside the European Economic Area by contacting the Organiser.
12.8. Personal data of the Contestants shall not be subject to automated decision-making or profiling.
12.9. Personal data of Contestants shall be stored until the results of the Contest are announced, objection to processing of personal data on the basis of Organiser’s legitimate interest, for the period stipulated by the provisions of law or for the period of limitation of possible claims prescribed by provisions of law, especially by PCC – depending on which of aforementioned terms is longer. After such periods the data shall be erased or anonymized.
12.10. Contestants have the right to access their personal data, the right to request rectification, erasure, restriction of processing and the right to data portability as well as right to lodge a complaint with the authority competent for the protection of personal data. Where the basis of the processing is necessary for purposes arising from the legitimate interests pursued by the controller or for direct marketing purposes, contestants have the right to object to the processing.
12.11. Additional explanations on data protection are contained in the Privacy Policy and Cookies available at the URL: https://mechanistry.com/privacy.
13. COMPLAINTS
13.1. Contestants may submit any complaints regarding the manner in which the Contest was conducted to the Organiser, in particular by e-mail sent to: hello@mechanistry.com or in writing to the Organizer's correspondence address: Rondo Daszyńskiego 2B, 00-843 Warsaw, Poland with the subject line: "Instalaunch Giveaway contest" (hereinafter also: "Complaints").
13.2. In order to facilitate the complaint process, Complaints should contain the user name registered on the Social Network under which the Contestant took part in the Contest, as well as a detailed description and indication of the reason justifying the lodging of the Complaint. If the Complaint is submitted in writing to the Organizer's correspondence address, it is also advisable to provide the exact address of the Contestant in order for the Organizer to send him/her a response to the Complaint by the same means.
13.3. Complaints shall be submitted no later than 14 days from the date of the Announcement of the Contest Results.
13.4. Complaints submitted within the time limit indicated in section 13.3 above shall be considered by the Contest Commission, which shall supervise the proper conduct of the complaint procedure.
13.5. The Contest Commission, when considering Complaints, shall apply the provisions of these Rules.
13.6. Complaints will be considered within 14 days of their receipt by the Organiser.
13.7. The Contestant will be notified of the Organiser's decision on the Complaint in writing via a private message on the Social Network, e-mail or post, depending on how the Complaint was sent to the Organiser.
13.8. The provisions concerning the Complaint shall not limit the rights of the Contestants under mandatory provisions of law.
14. FINAL PROVISIONS
14.1. The content of the Rules is available at URL: mechanistry.com/contests/instalaunch-giveaway-terms-conditions and is in force as of April 18, 2024 18.59 CEST.
14.2. The Organiser reserves the right to amend the Rules in the event of important organisational, economic or legal reasons.
14.3. Changes to the Rules shall take effect as soon as they are expressly indicated and posted in the place indicated in section 1.2.
14.4. In matters not regulated by the Rules, in particular the provisions of the PCC and other generally applicable provisions of Polish law shall apply. The Organizer is based in Poland and conducts the Contest on the basis of Polish regulations, however this provision does not limit the rights of Contestants as consumers under mandatory legal provisions.