Rules

RULES of the “WINTER MADNESS” competition

 

Remains valid on 7 February 2019

 

Please read these Rules carefully before entering the “Winter Madness” competition.

The Rules can be saved on any durable medium.

 

RULES of the “WINTER MADNESS” competition.

 

  1. 1.                  Definitions.

1.1.            “Organizer”: the company under the name of: FITNESS AUTHORITY Spółka z ograniczoną odpowiedzialnością based in Otomin (80-174), ul. Konna 40, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Gdańsk-North in Gdańsk, 7th Economic Department of the National Court Register, under KRS number: 0000355208, identified by the following ID numbers: NIP [VAT ID]: 9571037001, REGON [National Court Register No]: 221006572, share capital in the amount of PLN 22,015,000.00.

1.2.            “Competition”: competition under the name of: “WINTER MADNESS”, prepared and maintained by the Organizer, addressed to natural persons residing in any country, who have full legal capacity.

1.3.            “Terms and Conditions”: The present Rules of the “WINTER MADNESS” competition, which regulate the course of the competition and the rights and obligations of the Participants and the Organizer.

1.4.            “Participant”: an adult natural person having full legal capacity, residing in the territory of any country, who takes part in the Competition under the conditions provided for in the Rules. An employee or a person providing direct services to the Organizer, or their direct relative or a relative up to a fourth degree affinity, cannot participate in the Competition.

1.5.            “Winners”: Participants whose entries under the competition post have been recognized as the most interesting.

1.6.            “Database”: a set of Participant’s personal data transmitted to the Organizer along with a picture, which are processed by the Organizer in connection with the Competition.

1.7.            “The Jury”: the Organizer’s employees: Paulina Lubczyńska, Paulina Wrochna and Adam Lubczyński, whose task is to identify the top three among all the submitted entries.

 

  1. 2.                  Competition.

2.1.            The competition begins on the date of                                   and continues until the date
of                    . The Competition ends when the Jury announce the final results.

2.2.            The Competition is valid in each country.

2.3.            The aim of the Competition is to select the most interesting entries submitted under the competition post according to the following criteria.

2.4.            Participation in the Competition can be taken by any natural person being at least 18 years of age and having full legal capacity, who has left a comment under the competition post with the indication where they would go skiing or snowboarding this year and the justification why they should be rewarded.

 

 

 

 

  1. 3.                  The Jury.

3.1.            The most interesting entries will be awarded in accordance with the Jury’s decision.

3.2.            The Jury’s choice shall be guided by their sole discretion, having most regard to the positive charge of emotions contained in the competition entry, as well as the creativity and the way the Participant justifies why they should be awarded.

 

  1. 4.                  Announcement of the Competition results.

4.1.            The announcement of the results of the Competition will take place by the date
of                    through posting a comment with the names of the Winners’ profiles under the competition post.

4.2.            The Organizer shall notify the Winners about winning the Competition by sending
a message via FACEBOOK to the profiles from which the competition entries were submitted.

 

  1. 5.                  Prizes.

5.1.            The three most interesting entries will be awarded with material prizes in the form of Long sleeve 01 W Run

5.2.            The Winners shall have the right to choose the colour and size of the Long Sleeve 01 W Run

5.3.            The prizes will be awarded within 14 days from the day of announcing the results of the Competition.

5.4.            In the event of Participant’s resignation from receiving the material prize, such Participant shall not receive its cash equivalent.

5.5.            The rights to the prize cannot be transferred by the Participant to any third parties.

5.6.   The Winners may send to the Organizer their photos of being dressed up in the Prize. The photograph shall present the Winner performing a winter sport activity.

5.7.   The photo may also include other persons than the Winner on condition that the Winner provides a statement proving that they have the consent of these persons to use their image. The consent referred to in the above-stated sentence should be in writing. The Organizer may request the Winner to send a scan or the original consent in case of contesting the statement provided by the Winner.

5.8.   The photographs shall be sent to the Organizer via e-mail to the following address: marketing@fitnessauthority.pl.

5.9.   The photograph must be submitted together with (all of the following data and statements are hereinafter referred to as “Declaration”):

5.9.1.     the Winner’s consent:

5.9.1.1.           for the publication of the provided picture in the Organizer’s social media,

5.9.2.     the Winner’s statement:

5.9.2.1.           that they have read and accepted the provisions of the Rules,

5.9.2.2.           that they are in possession of all proprietary copyrights to all submitted photographs,

5.9.2.3.           that the Winner has the consent of all persons included in the photograph to use their image for the purpose of conducting the Competition.

5.10.                   By accepting the Rules, the Winner grants the Organizer with a free, unlimited in time and space, non-exclusive license to use the photographs in the following fields of use:

5.10.1. the right to publicly perform, exhibit, display, and publicly share the photograph in such a way that everyone can have access to it in a place and time selected by them, including by publishing the photograph in the Internet, as well as publishing it through the techniques of webcasting, simulcasting, videocasting and all other forms of Internet transmission and distribution via telephone networks, in particular using: a mobile phone (including WAP) and digital devices (for example: set-top boxes, VOD, PPV, personal computers and other);

5.10.2. the right to permanent or temporary reproduction of the photograph in whole or in part, by any means and in any form;

5.10.3. the right to adjust, make any changes, corrections, alterations, changes to the image format, including changes to the layout or any other changes in the photograph, in particular changes in the arrangement and size of individual graphic elements of the photograph components, and the use of any photo developments in the form of alteration, fragmentation and/or montage even if the these actions would dispossess the photograph of its individual character.

5.11.     By sending a photo, the Winner is aware that the copy of the photograph submitted in electronic form to the Organizer shall become Organizer’s property.

 

 

  1. 6.                  Complaints.

6.1.            Complaints may be submitted to the Organizer in any way.

6.2.            The complaint procedure includes verification of Participant’s claims with the use of all available evidence. The complainant shall be informed about the outcome of the complaint processing by means of an e-mail sent to the address provided by the complainant.

6.3.            The time for complaint processing is 14 days from the date of its receipt by the Organizer.

6.4.            The complaint should contain Participant’s name and surname, the description of the reason for the complaint and the content of the request.

6.5.            The participant has the right to out-of-court resolution of their complaint. More information on this subject can be obtained from the UOKiK [Office of Competition and Consumer Protection] websites.

 

  1. 7.      PERSONAL DATA PROTECTION
  2. 8.      The Participants’ personal data (hereinafter referred to as “Personal Data”) is controlled by the Organizer, i.e. Fitness Authority Sp. z o.o. based in Otomin, ul. Konna 40. Personal Data shall be processed in accordance with 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 referred to as the GDPR) The detailed provisions for the processing of Personal Data are set out below.
  3. 9.      Personal Data will be processed by the Organizer based on Participant’s consent for purposes associated with the organization of the Promotional Action, including in order to identify the winners and award the prizes (legal basis: Article 6(1)(a) of the GDPR) and for purposes related to Organizer’s legally justified interests, such as the handling of possible complaints submitted by the Participants and evidentiary purposes for defence in cases concerning complaints related to the Promotional Action (legal basis: Article 6(1)(f) of the GDPR); and in the case of Winners – also for purposes related to the implementation of legal obligations arising from tax and accounting regulations (legal basis: Article 6(1)(c) of the GDPR).
  4. 10.  Personal Data may be accessed by authorized employees of the Organizer.

Personal Data of Participants shall be, in principle, stored by the Organizer for the duration of the Promotional Action, and also for about 6 weeks after its finalization for purposes associated with the handling of complaints submitted by the Participants, provided that in justified cases the data may be stored by the Organizer until the statute of limitations claims that are not included in the complaint procedure or for a longer period, if it is necessary to defend in the court proceedings regarding these claims.

  1. 11.  The demand to provide Personal Data and give a consent to their processing by the data subject is voluntary, however, it is necessary for the purpose of taking part in the Promotional Action.
  2. 12.  The Participant may exercise the following rights against the Organizer:

- the right to request access to their Personal Data and to obtain information about their processing, and if they are incorrect, have the right to demand rectification (in accordance with Articles 15 and 16 of the GDPR);

  1. 13.  - the right to request restriction of processing of their personal data in situations and on the terms specified in Article 18 of the GDPR (the participant may request restriction of processing of their personal data for the period of verification of their correctness or pending consideration of their objection to the processing of their personal data. This right is also applicable if the Participant believes that the processing of their data is unlawful, but they do not want the data to be deleted immediately or if the data are needed for a longer period than assumed by the expected processing period, due to issues related to the determination or defending the claims), and the right to withdraw prior consent to the processing of Personal Data, which, however, shall not affect the legality of the processing of Participant’s data, which was based on this premise and took place before the right to withdraw consent has been exercised;
  2. 14.  - the right to request the deletion of data in accordance with Article 17 of the GDPR (“the right to be forgotten”);
  3. 15.  - the right to transfer Personal Data in accordance with Article 20 of the GDPR, i.e. to receive their personal data from the Organizer in a structured, commonly used machine-readable format, as well as to request their data to be transferred to another data controller; This right applies only to Personal Data provided to the Organizer by the Participant in an electronic form;
  4. 16.  - the right to object at any time to the processing of their Personal Data for reasons related to their particular situation, if the data are processed by the Organizer in the course of Organizer’s legally justified interests (in accordance with Article 21(1) of the GDPR).
  5. 17.  In matters related to the processing of Personal Data and the exercising of Participants’ rights, it is possible to contact the Organizer at the following e-mail address: ido@fitnessauthority.pl
  6. 18.  A person who submitted an application or request concerning the processing of their Personal Data, under the process of exercising their rights, may be asked by the Organizer to answer
    a few questions related to their Personal Data that would allow verification of their identity.
  7. 19.  In addition, the Participant has the right to lodge a complaint about the processing of their Personal Data by the Organizer to the President of the Office for Personal Data Protection (address: ul. Stawki 2, 00-193 Warsaw). 
    1. 20.              THE SCOPE OF THE ORGANIZER’S RESPONSIBILITY.

20.1.        The Organizer does not bear any responsibility for any consequences of providing false data by the Participant in the Application, including statements. The Participant is fully responsible for providing information inconsistent with the actual state.

20.2.        The Organizer also does not bear responsibility for non-performance or improper performance of obligations under the Rules, if it is caused by events of force majeure or occurred for reasons attributable to other entities on whose activities the Organizer has no influence.

20.3.        In the event of making a false statement by the Participant, the Organizer shall not be liable for any claims arising from the infringement of personal rights or other rights of third parties, reported to the Organizer in connection with the dissemination of the photograph provided by the Participant.

20.4.        The Organizer is not responsible for any violation of anybody’s rights by the Participant.

 

  1. 21.              FINAL PROVISIONS.

21.1.        The Rules are available on the following website:

 

21.2.        In matters not covered by these Rules, the provisions of the Civil Code, the Act on Copyright and Related Rights and other applicable provisions of Polish law shall apply.

 

21.3.        The Competition is not created, administered, supported or sponsored by Facebook. Facebook is a registered trademark of Facebook, Inc.

 

21.4.        This Competition is not a gambling game within the meaning of the Gambling Act of
19 November 2009.

 

21.5.        The Rules shall enter into force on