Regulations - Instagram
§ 1. General provisions
1. The organizer of the competition on the Oakywood Instagram profile, hereinafter referred to as the "Competition" and the sponsor of the prize, is a commercial law company under the business name Oakywood spółka z ograniczoną odpowiedzialnością with its registered office in Ciche (34- 407), Ciche 35B, entered into the Register of Entrepreneurs of the National Court Register kept by District Court for Kraków-Śródmieście in Cracow, XII Commercial Division of the National Court Register under the number: KRS: 0000894372, statistical number (REGON): 388648016, tax number (NIP: 7352896281), hereinafter referred to as "Organizer".
2. Competition will be conducted on Organizer's social media profile maintained by Organizer on Instagram, available at the URL https://www.instagram.com/oakywood/, hereinafter referred to as the "Organizer's Profile", under the terms and conditions set out herein, on the dates and with prize specified in detail in Competition announcement published on Organizer's Profile.
3. These Competition Regulations constitute the basis for the organization of Competition and define the rights and obligations of its Participants and are regulated by Polish and EU law. 4. Competition Regulations are available on Organizer's Profile.
§ 2. Definitions
The following terms used hereinafter and in individual announcements should be given the meaning specified below:
1) Date of the competition - determination of the time frame of Competition, i.e. the day or days on which Participants can take part in Competition - Competition is valid until 1.10.2024;
2) Competition Closing Day - the day and time by which Participants may send answers to the competition question; Competition Closing Day is considered to be the end of 1.10.2024;
3) Competition - a competition organized via Organizer's Profile, addressed to Instagram users, including visitors to Organizer's Profile, consisting in Instagram users completing the contact form included in the advertisement of Organizer's products published by Organizer on Instagram;
4) Prize – $500 gift card;
5) Collection of the prize - collection of the Prize by Competition Winner, at the time and in the manner indicated by Organizer in the message via Instagram informing a given Participant about the victory in Competition;
6) Competition announcement - an invitation to participate in Competition published on Organizer's Profile;
7) Participant, User – a natural person who takes part in Competition;
8) Winner - Competition Participant who meets the requirements specified in Competition and herein to participate in Competition, selected by Organizer.
§ 2. Competition participation
1. Participation in Competition is free of charge.
2. Only adult natural persons with full legal capacity and NOT residing in the territory of Russia, who meet the conditions specified herein, may participate in Competition.
3. Participants of Competition cannot be partners, persons managing Organizer's enterprise (members of the management board), employees or associates of Organizer, as well as spouses, children, parents and siblings of partners, members of the management board, employees or associates of Organizer's company.
4. Only adult users with a social media account on Instagram who meet the requirements for participating in Competition specified in Competition and herein may participate in Competition.
5. Participant undertakes to comply with the rules specified herein and confirms that he or she meets all the conditions that entitle him or her to participate in Competition.
§ 4. Course and conditions of participation in Competition
1. To participate in Competition, in accordance with the guidelines included in Competition Announcement, i.e. on Competition Date, Instagram user must show, on their Instagram page, their home office, post a story, tag Organizer by putting the exact sentence “Ready to reinvent my space with @oakywood” and using Instagram's native tagging feature and tell which Oakywood product they need.
2. The moment of performing the above activities is considered to be the moment when these activities are recorded on the Instagram server.
3. After completing the above activities, Participant cannot make any changes to the post.
4. One Participant may take part in Competition only once, regardless of the number of Instagram accounts they have. If the same Participant takes part in Competition more than once, only Participant's first action will be considered to have taken part in Competition.
5. By taking part in Competition, Competition Participant declares that the content of the messages published by him/her does not violate the law or the legally protected rights of third parties, and Competition Participant is fully entitled to take part in Competition. 6. By taking part in Competition and performing the activities described in section 1 above, Competition Participant declares that he /she consents to contact from Organizer with
information about the end of Competition and - towards Winner - with information about winning Competition and the method of delivering Prize.
§ 5. Rules for selecting Winners.
1. The winner of Competition will be selected by Organizer only from among Participants who meet the conditions listed in § 3 and § 4 hereof. Organizer, when selecting Winner, will take into account reactivity and aesthetics of submissions and posts published on Instagram.
2. Among Participants who meet the conditions specified in section 1 above, Organizer will select one Competition Winner and award him with Prize.
3. Participant is not entitled to any claims against Organizer due to Organizer's failure to recognize him/her as Competition Winner. The winner may not demand that Organizer grants him/her a Prize other than that awarded by Organizer.
4. Within 2 days after the closing date of the competition, Organizer will inform all Participants about the closing of Competition by posting a post on InstaStories and Participant who is the Winner about his/her winnings and Prize awarded. This information will be provided in Instagram message sent by Organizer to Winner. Organizer - due to the protection of personal data - will not publish publicly, including on its Profile, Winner's data, but will only inform on its Profile about the end of Competition and the selection of Winner.
5. After providing this information, Organizer will provide Winner with information regarding the method and delivery of Prize.
§ 6. Prize.
1. Prize in Competition is the amount of money indicated in § 2 point 4 above.
2. Prize will be available for collection on the date and in the manner indicated by Organizer - in accordance with § 5 section 4 and 5 above.
3. If Winner has not met any of the conditions specified in § 3, § 4 and § 5 hereof or does not collect Prize awarded to him/her within the time specified in § 5 section 4 and 5 above, does not acquire the right to Prize. In such case Prize remains at Organizer's disposal.
4. The payment of income tax on Prize awarded to Winner is borne by Organizer.
§ 7. Complaint procedure.
1. Complaints regarding matters related to Competition should be submitted along with justification to Organizer by e-mail to the following address: contact@oakywood.shop. Complaints must be submitted within 30 (thirty) days from the end of Competition - by letter (the date of the postmark is decisive) or by e-mail (the date of sending the e-mail is decisive).
2. Complaints will be considered by Organizer within 30 (thirty) days from the date of their receipt. A response to the complaint will be sent to the address indicated in the letter containing the complaint or in response to the e-mail address.
§ 8. Personal data protection.
1. The administrator of the personal data of Competition Participants is Oakywood spółka z ograniczoną odpowiedzialnością with its registered office in Ciche (34-407), Ciche 35B, entered into the Register of Entrepreneurs of the National Court Register kept by District Court for Kraków-Śródmieście in Cracow, XII Commercial Division of the National Court Register under the number: KRS: 0000894372, statistical number (REGON): 388648016, tax number (NIP: 7352896281), which in this paragraph is also referred to as: "Administrator".
2. When processing the personal data of Competition Participants, Administrator does so in compliance with the provisions and regulations of 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: "GDPR".
3. Personal data of Competition Participants - in the form of name, surname, address or contact details (e-mail) or other data needed to fulfill tax obligations and settle income tax by Organizer on Prize given to Winner - will be processed by Organizer due to the Competition and Participant's voluntary participation in it. Administrator processes the personal data of Participants for the following purposes:
a. rendering of Competition on the terms described herein and actions taken in connection with its organization, including the proper conduct of Competition, selecting Winner and awarding and granting Prize (Article 6 section 1 point b of the GDPR),
b. fulfillment of legal obligations resulting from, among others, the provisions of tax and civil law, e.g. in the field of accounting and taxes (Article 6 section 1 point c of the GDPR), c. resulting from the legitimate interests of Administrator, which include, among others: determining, defending and pursuing claims, especially considering and processing complaints (Article 6 section 1 point f of the GDPR),
d. in the case of processing based on consent - for the purposes specified each time in the content of the consent (Article 6 section 1 point a of the GDPR).
4. Administrator provides the newsletter service on the terms specified in the regulations to persons who have provided their e-mail address for this purpose. Providing data is required to provide the newsletter service, and failure to provide it results in the inability to send it.
5. Personal data is processed:
a. in order to provide the newsletter sending service - the legal basis for processing is the necessity of processing to perform the contract (Article 6 paragraph 1 letter b of the GDPR);
b. in the case of sending marketing content to Participant as part of the newsletter - the legal basis for processing, including profiling, is the legitimate interest of Administrator (Article 6 paragraph 1 letter f of the GDPR) in connection with the consent expressed to receive the newsletter;
c. for analytical and statistical purposes - the legal basis for processing is Administrator's legitimate interest (Article 6 paragraph 1 letter f of the GDPR) consisting in conducting analyzes of Participant's activity on a given website in order to improve the functionalities used;
d. in order to possibly establish and pursue claims or defend against them - the legal basis for processing is the legitimate interest of Administrator (Article 6 paragraph 1 letter f of the GDPR).
6. Providing personal data by Participant is voluntary, but failure to provide them prevents participation in Competition.
7. Organizer will not transfer Participants' personal data to a third country (outside the European Economic Area) or an international organization - except for situations in which Participant is a person residing in the USA. In such a case, however, the transfer of data outside the European Economic Area will only apply to Competition Participants residing in the USA. Due to the organization of the Competition on Instagram Portal, Instagram - as the entity running Portal -
will also have access to Participants' personal data.
8. Participants' data will not be processed in an automated manner, including in the form of profiling. Participants will not be subject to automated decision-making. Personal data will be processed only for the purpose for which they were originally collected.
9. Participants have the following rights:
a. The right to information about the processing of personal data - Administrator provides information about the processing of personal data, including, in particular, the purposes and legal basis for processing, the scope of data held, entities to which personal data are disclosed and the planned date of their deletion;
b. The right to obtain a copy of the data - t Administrator provides a copy of the processed data regarding the person submitting the request;
c. The right to rectification - Administrator removes any possible inconsistencies or errors regarding the personal data being processed, and supplements or updates them if they are incomplete or have changed;
d. The right to delete data (the so-called right to be forgotten) - is the basis for requesting the deletion of data whose processing is no longer necessary to achieve any of the purposes for which it was collected;
e. The right to limit processing - Administrator ceases to perform operations on personal data, except for the operations to which the data subject has consented and their storage, in accordance with the adopted retention principles, or until the reasons for limiting data processing cease to exist (e.g. issued by a decision of the supervisory authority authorizing further data processing);
f. The right to transfer data - to the extent that data is processed in connection with a concluded contract or consent, Administrator issues the data provided by the person to whom they concern in a format that allows them to be read by a computer. It is also possible to request that these data be sent to another entity - provided that both Administrator and the other entity to which the data are sent have appropriate technical conditions enabling such transfer;
g. The right to object to the processing of data for marketing purposes - the data subject may at any time object to the processing of personal data for marketing purposes, without the need to justify such an objection;
h. The right to object to other purposes of data processing - the data subject may at any time object to the processing of personal data based on the legitimate interest of Administrator (e.g. for analytical or statistical purposes or for reasons related to the protection of property). Objections in this respect should include justification and are subject to Administrator's assessment;
i. The right to withdraw consent - if data are processed on the basis of consent, the data subject has the right to withdraw it at any time, which, however, does not affect the lawfulness of the processing carried out before the withdrawal of this consent;
j. Right to complain - if it is considered that the processing of personal data violates the provisions of GDPR or other provisions on the protection of personal data, the data subject may submit a complaint to the President of the Personal Data Protection Office.
10. Contact with Organizer, as the personal data administrator, is possible: a. in writing to the address of Administrator's registered office, Oakywood Spółka z ograniczoną odpowiedzialnością with its registered office in Ciche (34-407), uCiche 35B;
b. by e-mail to Administrator's e-mail address: contact@oakywood.shop.
11. Personal data of Competition Participants will be stored by Organizer for the period necessary to conduct Competition and issue prizes to the distinguished Participants, and after its completion until the limitation period for any claims expires or the obligation to store data resulting from legal provisions expires, no longer than 6 years from the end of the year calendar year in which the competition was held.
§ 9. Final provisions.
1. All intellectual property rights to Competition belong to Organizer. Participation in Competition does not result in Participants acquiring any intellectual property rights. It is prohibited to violate intellectual property rights in Competition in any way, in particular: a) copying, modifying and transmitting electronically or distributing in any other way the mechanism of Competition or its parts, as well as individual works and databases, without the express written consent of Administrator; b) using Competition in a manner inconsistent with Regulations or generally applicable provisions.
2. Competition is not sponsored, endorsed, administered by or in any way associated with Instagram or Meta. All content sent by Competition participants in connection with Competition (e.g. comments, questions, complaints, etc.) should be addressed to Organizer. Organizer releases Instagram and Meta from any liability for damages incurred in connection with conducting Competition via Organizer's Profile.
3. Organizer is not liable for the reliability and truthfulness of the data of Competition Participants, including the inability to transfer Prize due to reasons attributable to Participant, in particular if Participant did not provide a real correspondence address or the data provided is incomplete or outdated. Organizer declares that it does not control or monitor the content posted by Participants in terms of reliability and truthfulness, except for actions related to removing violations of Regulations or generally applicable provisions.
4. Organizer reserves the right to exclude from participation in Competition Participants whose actions are inconsistent with the law or Regulations and Instagram's regulations, in particular participants who: a) post content that is inconsistent with applicable law or Regulations available on Instagram (in particular containing offensive content, both textual and graphical); b) take action using an account/profile created contrary to Instagram's policies; c) engage in activities using third party accounts/profiles that do not comply with Instagram's policies; d) interfere with the mechanism of operation of Competition; e) create fictitious accounts/profiles on Instagram.
5. Organizer does not bear any liability for any disruptions in the operation of IT connections, servers, interfaces, browsers and Instagram. Organizer is not liable for temporary or permanent blocking of the website or application by Instagram.