Alba1913 x Drivemebikini Contest Rules

Alba1913 x Drivemebikini Contest Rules

“Italian Holidays”

§ 1

General Provisions

  1. These Rules (hereinafter referred to as the “Rules”) define the conditions of participation, the rights and obligations of Participants, and the principles governing the organization and conduct of the contest entitled “Italian Holidays” (hereinafter referred to as the “Contest”).

  2. The Organizers of the Contest are:

    Alba Thyment Sp. z o.o., with its registered office at ul. Szkolna 98, 62-002 Suchy Las, Poland; NIP 7820026054; REGON 632514066, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000152323;

    and DMB Sp. z o.o., with its registered office at ul. Ludwików 5B, 05-650 Chynów, Poland; NIP 9512430990, entered in the Register of Entrepreneurs of the National Court Register under KRS number 666027;

    hereinafter collectively referred to as the “Organizer”.

  3. The Contest begins on August 17, 2024, at 9:00 AM Polish time and ends on August 20, 2024, at 11:59 PM Polish time (hereinafter referred to as the “Contest Period”).

  4. The Contest is conducted by the Organizer in accordance with the provisions of these Rules and applicable provisions of generally binding law.

  5. The Contest does not constitute a gambling game within the meaning of the Gambling Act of November 19, 2009.

  6. The Contest is organized through the Instagram platform (hereinafter referred to as “Instagram”) on the Organizer's profiles at:

    https://www.instagram.com/alba1913pl/ and https://www.instagram.com/drivemebikini/

  7. The Contest is in no way sponsored, endorsed, administered by or associated with the Instagram social media platform or its owners or administrators. Instagram bears no responsibility for the organization or conduct of the Contest. The Organizer bears sole responsibility in this regard. All questions, comments or complaints concerning the Contest should be addressed to the Organizer and not to Instagram.

  8. The Organizer is the controller of the personal data of Contest Participants. By entering the Contest, the Participant consents to the processing of their personal data for purposes related to the organization, conduct and resolution of the Contest in accordance with § 4 of these Rules. This consent is voluntary but necessary for participation in the Contest.

  9. The Participant should read these Rules before entering the Contest. By entering the Contest, the Participant accepts these Rules and undertakes to comply with their provisions.

§ 2

Contest Participants

  1. Participation in the Contest is voluntary and free of charge.

  2. Subject to § 2(3) of these Rules, only natural persons residing in the territory of the Republic of Poland who have full legal capacity and jointly meet the following conditions may participate in the Contest:

    • have an active Instagram account;

    • reside in the territory of the Republic of Poland;

    • post a comment under the Contest post answering the question “Describe your ideal La Dolce Vita-style holiday” and tag at least one person in that comment (“Contest Entry”);

    • follow both @alba1913pl and @drivemebikini on Instagram throughout the Contest Period and at the time the Contest winners are announced;

    • like the Contest post.

  3. Employees of the Organizer or entities directly affiliated with the Organizer, as well as persons cooperating with them under civil-law contracts and members of their families (ascendants, descendants, siblings, spouses, persons in adoptive relationships and persons living together with them), may not participate in the Contest.

  4. The moment of entering the Contest is the submission of a response to the Contest Entry task in accordance with § 2(2) of these Rules.

  5. By entering the Contest, the Participant confirms that they hold exclusive and unrestricted economic copyrights to the submitted response to the Contest Entry task and that the response does not infringe the rights of third parties.

  6. Upon entering the Contest, the Participant grants the Organizer consent, without temporal or territorial limitations, to use and publish the submitted response to the Contest Entry task within the fields of exploitation specified in Article 50 of the Polish Act on Copyright and Related Rights. This includes, in particular, recording and reproducing the response to the Contest Entry task; producing copies of the response using specific techniques, including printing, reprographic, magnetic recording and digital techniques; distributing the response to the Contest Entry task; introducing it into computer networks, including the Internet; repeatedly recording and reproducing it using any technique; publicly displaying and playing it back; and making the response publicly available in such a way that anyone may access it at a place and time of their choosing. The Participant also grants the Organizer consent to undertake all activities necessary to make the response to the Contest Entry task available, including editorial and computer-based processing of the submitted response.

  7. During the Contest Period, a Participant may submit multiple responses to the Contest Entry task, provided that they may receive a maximum of one Prize.

  8. Responses to the Contest Entry task that do not comply with these Rules, as well as those that:

    • contain content generally considered offensive or vulgar, inciting hatred or intolerance on any grounds, erotic content or content promoting violence;

    • contain content that negatively refers to gender, age, disability, race, nationality, political beliefs, ethnic origin, denomination, sexual orientation, religion or religious organizations;

    • contain unlawful content;

    • contain content that violates generally recognized values protected by law;

    • infringe the rights of third parties, including, in particular, intellectual property rights, dignity, honor, reputation or image rights;

    • violate generally accepted standards of decency;

    • violate netiquette rules or any rules concerning content published on Instagram;

    will be rejected and will not participate in the Contest.

§ 3

Contest Prizes

  1. As part of the Contest, three prizes (hereinafter referred to as the “Prizes”) are available in the form of three sets:

    1st place: Alba1913 La Dolce Vita Cream + Drivemebikini Sole Mare Vacanze Vintage T-shirt;

    2nd place: Alba1913 La Dolce Vita Serum + Drivemebikini Sole Mare Vacanze Vintage T-shirt;

    3rd place: Alba1913 La Dolce Vita Cleanser + Drivemebikini Sole Mare Vacanze Vintage T-shirt.

  2. Following the end of the Contest Period, the Organizer will select the Contest Winners through a committee appointed by the Organizer (“Committee”).

  3. The Committee consists of four members selected by the Organizer, who will oversee the proper conduct of the Contest in accordance with these Rules: two members representing Alba1913 and two members representing Drivemebikini. The Committee will evaluate the responses to the Contest Entry task submitted by Participants in terms of creativity and originality, from among six submitted responses distinguished by their inventiveness.

  4. A Participant selected by the Committee as a winner will receive a Prize.

  5. The Contest results will be announced through Instagram on August 22, 2024, at 3:00 PM Polish time by posting comments under the winning responses to the Contest Entry task.

  6. To claim the Prize, within 24 hours of the announcement of the Contest results, the Participant must send the Organizer a private message via Instagram to the @alba1913pl profile containing the personal information necessary for Prize delivery. The winner should provide their full name and mailing address unless the Participant and the Organizer agree on another method of delivering the Prize.

  7. The Prizes will be sent to the Contest Winners within 30 business days of the Organizer receiving the information necessary to deliver the Prize in accordance with § 3(5) of these Rules.

  8. The Prize cannot be exchanged, and no cash equivalent will be provided. The right to claim the Prize cannot be transferred to a third party.

  9. The Contest Winner has the right to refuse to accept the Prize.

  10. If the Prize is not claimed by the Contest Winner in accordance with § 3(5) of these Rules, or if the Contest Winner exercises their right to refuse the Prize, the Committee may decide to award the Prize to another Participant who has correctly submitted a Contest Entry.

§ 4

Personal Data

  1. Pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 Organizer informs Participants that the controller and processor of the personal data of Contest Participants is the Organizer: Alba Thyment Sp. z o.o., with its registered office at ul. Szkolna 98, 62-002 Suchy Las, Poland; NIP 7820026054; REGON 632514066, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000152323.

  2. The Organizer processes the personal data of Contest Participants for the following purposes and on the following legal grounds:

    • pursuant to Article 6(1)(a) of the GDPR, for the purpose of organizing and conducting the Contest and providing information about participation and winning the Contest, based on the Participant's voluntarily given consent;

    • pursuant to Article 6(1)(f) of the GDPR, for the purpose of promoting the Organizer and reviewing complaints submitted in connection with the organization of the Contest, based on the legitimate interests pursued by the personal data controller.

  3. The personal data of Contest Participants may be disclosed to third parties only in the following circumstances:

    • personal data may be disclosed to postal or courier service providers for the purpose of delivering a Prize or a response to a complaint to the Participant;

    • personal data may be disclosed to entities and authorities authorized to process such data under applicable law;

    • personal data may be disclosed to employees and associates of the personal data controller.

  4. The Organizer will not process Participants' personal data for purposes other than those specified above in connection with conducting the Contest. In particular, the Organizer will not process such data for marketing its own products or services or those of third parties.

  5. Participants' personal data will be processed for the period necessary to fulfill the purposes for which the data is processed or until consent is withdrawn, whichever occurs first.

  6. Participants have the right to access their personal data and to request its rectification, deletion or restriction of processing, as well as the right to data portability.

  7. To the extent that the processing of personal data is based on consent, the Participant has the right to withdraw that consent. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal.

  8. To the extent that the processing of the Participant's personal data is based on the legitimate interests of the personal data controller, the Participant has the right to object to the processing of their personal data.

  9. Participants have the right to lodge a complaint with the supervisory authority responsible for personal data protection (the President of the Personal Data Protection Office) if they believe that the processing of their personal data violates the provisions of the GDPR.

§ 5

Complaints

  1. Participants have the right to submit complaints concerning the proper conduct of the Contest.

  2. Complaints may be submitted by post to Alba Thyment Sp. z o.o., with its registered office at ul. Szkolna 98, 62-002 Suchy Las, Poland, or by email to info@albatyment.com.pl.

  3. Complaints may be submitted during the Contest Period and within 30 days of the end of the Contest. The date on which the Organizer receives the complaint determines whether it has been submitted within the specified period.

  4. A complaint should include the Participant's full name, mailing address or email address, a detailed description of the circumstances justifying the complaint, the date and location of the event concerned, and the content of the Participant's request.

  5. Complaints are reviewed by the Organizer.

  6. The Organizer sends a response to the complaint to the mailing address or email address provided in accordance with § 5(3) of these Rules.

  7. If the Organizer does not uphold the complaint, the Participant has the right to pursue their claim through court proceedings in accordance with generally applicable law.

§ 6

Force Majeure

  1. The Organizer shall not be held liable or be required to fulfill its obligations under these Rules and reserves the right to cancel, suspend or modify the Contest Rules in the event of:

    • any disruption to telecommunications connections, servers, interfaces, browsers or the Instagram platform during the Contest Period;

    • temporary or permanent blocking of the Organizer's profile by Instagram;

    • technical failures or other circumstances beyond the Organizer's reasonable control that affect the proper conduct of the Contest.

  2. In the circumstances specified in § 6(1) of these Rules, the Organizer may suspend the Contest or modify its rules only if doing so does not infringe any rights already acquired by its Participants. In all other cases, the Organizer will cancel the Contest.

§ 7

Final Provisions

  1. These Rules are available at the Organizer's registered office and on the following websites: www.alba1913.pl and www.drivemebikini.com.

  2. The Organizer may be contacted by post at Alba Thyment Sp. z o.o., with its registered office at ul. Szkolna 98, 62-002 Suchy Las, Poland, by email at info@albatyment.com.pl or by telephone at +48 618 115 407.

  3. Matters not regulated by these Rules shall be governed by the relevant provisions of generally applicable law.

  4. Any disputes arising from these Rules shall be resolved by the competent court of general jurisdiction.

Photo: Drivemebikini