§ 1
GENERAL PROVISIONS
- The Organizer of the Photo Contest on the Facebook Artibo fanpage, hereinafter referred to as the “Contest”, is Focus Sp. z o.o., managing Artibo website, with its registered office in 190 Zaczernie, 36-062 Zaczernie, Poland.
- Facebook is not responsible for the correct management of the Contest. All claims related to the Contest should be directed solely to the Contest Organizer.
- The Organizer is the founder of the awards.
- The Contest is organised solely via the Facebook website, on the Artibo fanpage profile.
- Participation in the Contest is free of charge.
- To participate in the Contest, Participants have to publish a comment with a photo (in accordance with the Contest slogan: “FESTIVE TIME”) under the Contest post.
- A maximum of 3 photos published by one Participant may take part in the Contest.
- The Contest starts on 11 December 2020 and ends on 22 December 2020 11:00 PM GMT. In exceptional situations, the Organizer may extend or interrupt the Contest at any time chosen by the Organizer, and notify the Participants accordingly on the fanpage referred to in §1 section 1 of the Terms.
- Submissions published after the deadline will not take part in the Contest.
- These Terms & Conditions (hereinafter referred to as the “Terms”) define the terms and conditions of the Contest.
- By entering the Contest, Participants confirm that they have read, understood and accepted the provisions of these Terms.
- Persons responsible for supervising the Contest in terms of its correctness and course are the Organizer's employees who provide information about the Contest and process complaints.
- The Contest Committee appointed by the Organizer is responsible for deciding on the Contest results and selecting the Winners.
§ 2
PARTICIPANTS [VOTERS, COMMENTATORS]
- A Contest Participant (hereinafter referred to as the “Participant”) may be a natural person with a full capacity to enter into legal transactions, having only one real personal account on Facebook, and who has accepted these Terms.
- The condition for participation in the competition is having a Facebook account, granting consent to access information provided in the Participant's profile on Facebook and accepting the provisions of the Terms.
- By entering the Contest, the Participant agrees to the processing of their personal data, i.e. name, surname, and Facebook profile ID for the purposes of the Contest and to disseminate the content of their Submission within the Artibo fanpage.
- By entering the Contest, the Participants confirm that they;
- accept the provisions of the Terms and agree to the processing of their personal data to the extent and for the purposes specified in the Terms;
- release Facebook from any liability related to the Contest;
- agree to the publication of their photos on the Artibo fanpage.
5. Voting and commenting Participants, who vote and comment under the Contest post declare that they:
- meet the conditions set out in §5 section 1;
- publish a Contest photo in the comment section on the Organizer’s Artibo fanpage;
- accept the Contest Terms and consent to the processing of their personal data (name, surname, Facebook profile ID, IP address) for the purposes of the Contest.
§ 4
DECISION ON THE CONTEST RESULTS AND PRIZES
- The prize in the Contest is a voucher for a printout of the ArtiBook ONE - 8x8inch photobook, worth 77.50 GBP gross with a free shipping, valid until 31 December 2020.
- The prizes cannot be exchanged for other than those provided for in the Contest or for their cash equivalent.
- The Organizer will select three winners.
- The Jury (composed of the Organizer’s representatives) will primarily evaluate:
- compliance of the Submission with the subject of the Contest;
- originality and creativity of the Submission.
5. Decisions of the Jury are final.
6. The Contest results will be decided on and the Winner will be announced on 23 December 2020 on the Artibo fanpage.
7. The Organizer will contact the Winner via the Facebook messenger application in order to agree on the prize transfer details. If the Winner does not respond within 7 days after the Organizer’s message communicating the win in the Contest, it will be tantamount to the Winner’s resignation from their right to claim the prize and from all other related claims against the Organizer.
§5
COPYRIGHT AND OTHER RIGHTS
- By entering the Contest, the Participants declare that they are authors and have the copyrights to the published content - photographs (works) that they submit in the Contest, and that they do not infringe the rights of third parties.
- The Organizer reserves the right to verify the Participant accounts, works, votes and comments and delete them without giving any reason. §5 section 3 shall apply accordingly.
- In the event of a justified suspicion of fraud, or infringement of third party copyright or other rights of third parties, as well as other violations of the Contest Terms and Conditions and Facebook Terms and Conditions, the Organizer may decide to disqualify the PArticipant’s submission(s) to the Contest. Suspected violations should be reported to: info@artibo.com.
- In specific cases, the Organizer reserves the right to cancel the Contest.
§6
COMPLAINTS AND FINAL PROVISIONS
- Complaints related to the Contest may be submitted to the Organizer’s address: 190 Zaczernie, 36-062 Zaczernie, Poland or by e-mail to: info@artibo.com, labelled as “Complaint”, within 7 days of the date when a reason for a complaint occurs, but not later than by 30 December 2020. Complaints sent after that date will not be processed.
- The Organizer processes complaints based on these Terms and within 14 days after receiving a complaint. Responses to complaints will be sent in the form in which respective complaints have been received. The Organizer may require additional statements from the Participant in order to substantiate the complaint.
- Once the complaint procedure is exhausted, disputes (if any) will be resolved by the common court competent for the Organizer’s registered office.
- Personal data of the Participants will be processed in accordance with the rules specified in the General Data Protection Regulation, only for the purpose of conducting the Contest, in particular selecting the Winners, issuing prizes, and verifying the accuracy of the data.
- To issues not regulated by these Terms, the provisions of the Civil Code, the Act on Copyright and Related Rights, and other applicable provisions of Polish law shall apply.
GDPR
Pursuant to the Regulation of the European Parliament and of the Council (EU) 2016/679 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 94/46/EC (hereinafter referred to as the “GDPR”), please be advised that we will process your personal data provided for the purposes of the “ArtiLive” Contest on the profile of Artibo on Facebook (hereinafter referred to as the “fanpage”).
I.Categories of Data Subjects
Data subjects are Participants in the Contest who have published their comment along with the Contest photo under the post on the fanpage.
II.Personal Data Controller
Please be advised that the Controller of your personal data is:
Focus sp. z o.o. with its registered office at the address: 36-062 Zaczernie 190, entered into the Register of Entrepreneurs kept by the District Court in Rzeszów, 12th Commercial Division of the National Court Register (KRS) under KRS No. 0000815538.
The Controller designates one point of contact for all requests regarding personal data from data subjects, i.e. the e-mail address: odo@cyfrowafoto.com and the address for correspondence: Focus sp. z o.o. Zaczernie 190, 36-062 Zaczernie, Poland.
III. Purposes of and Grounds for the Processing
We process personal data of persons specified in section I for the purposes of the Contest and:
- in order to establish, exercise or defend against legal claims (if any) in accordance with Article 6(1) point (f) of the GDPR;
- for analytical purposes, in order to assess the functioning, popularity, and use of the fanpage pursuant to Article 6(1) point (f) of the GDPR;
- to comply with the statutory requirements pursuant to Article 6(1) point (c) of the GDPR so that the Controller could comply with its legal obligations.
IV. Categories of Personal Data Being Processed
The Personal Data Controller will process personal data, i.e. the first name, surname, and Facebook profile ID for the purposes of the Contest and in order to share the content of the Submission, as well as the following data:
- other data published on your profile;
- anonymous statistical data about visitors to the fanpage, obtained via the Facebook Business Manager tools that we use, i.e. Audience Insights, Pixels, Events pixels Audiences, the data collected via cookies.
V. Data Recipients
The Personal Data Controller provides personal data:
- to public authorities and entities performing public tasks or acting on behalf of public authorities, to the extent and for the purposes that result from the provisions of generally applicable law;
- The owner of Facebook, pursuant to the non-amendable Data Policy of Facebook Inc.
VI.Transfer of Data to Third Countries or International Organisations
The Controller does not transfer data outside the European Economic Area, subject to the transnational nature of data flow within Facebook and in accordance with the principles set out by Facebook at https://www.facebook.com/about/privacy.
VII. Data Storage Period
- data processed based on the Controller’s legitimate interest will be processed until the objection is effectively submitted or the interest ceases to exist;
- data processed based on the consent will be processed until the consent is withdrawn;
- data processed based on statutory requirements will be processed for the legally required period of data storage;
- statistical data on visitors to the fanpage available via the Business Manager tools will be processed throughout the availability period of such data on Facebook, which is 2 years.
VIII. Your Rights:
- The right to access your data and receive their copy;
- The right to rectify data;
- The right to erasure;
- The right to restrict the processing of personal data;
- The right to object to the processing of data;
- the right to data portability;
- the right to withdraw your consent;
- The right to lodge a complaint with the supervisory authority, i.e. the President of the Personal Data Protection Office (UODO).
The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
IX. Information about the Data Source
We obtain your data from Facebook, from your public profile and posts on our fanpage.
X. Other Information
Personal data will not be subject to automated decision-making or profiling.