Shimano Contest - Fall '23
TERMS AND CONDITIONS OF THE "SHIMANO Autumn 23" CONTEST
1. GENERAL PROVISIONS
1.1. The Organizer of the Contest is ŁUKASZ PAWLIK conducting business under the name ROCKWORLD ŁUKASZ PAWLIK, entered into the Central Registration and Information on Business of the Republic of Poland maintained by the minister responsible for the economy, with the following: address for business performance and service: ul. Jana Kochanowskiego 21, 48-130 Kietrz, NIP 7481388948, REGON 532429748, email address: [email protected].
1.2. The Contest is organized in the Organizer's Online Store available at: www.rockworld.pl and in the Organizer's Brick-and-Mortar Store at the address: ul. Mikołaja 9a, 47-400 Racibórz.
1.3. A Participant of the Contest can be any natural person who expresses their willingness to participate by registering for the Contest in accordance with the Contest Terms and Conditions.
1.4. Participation in the Contest and thus the provision of information and data related to the participation, including personal data the scope of which is indicated in the Terms and Conditions, is voluntary but necessary for the proper conduct of the Contest.
1.5. The prize sponsor of the contest is the Organizer.
2. DEFINITIONS:
2.1. The terms used in these Terms and Conditions shall mean:
2.1.1. CIVIL CODE - the Civil Code Act from April 23rd, 1964 (Journal of Laws No. 16, item 93 as amended).
2.1.2. CONTEST COMMITTEE - a committee appointed by the Organizer consisting of 3 persons to ensure the proper organization and course of the Contest, in particular to determine the winner of the Contest.
2.1.3. CONTEST - this contest organized by the Organizer in accordance with the Terms and Conditions.
2.1.4. ORGANIZER - ŁUKASZ PAWLIK conducting business under the name ROCKWORLD ŁUKASZ PAWLIK entered into the Central Registration and Information on Business of the Republic of Poland maintained by the minister responsible for the economy, with the following: address for business performance and service: ul. Jana Kochanowskiego 21, 48-130 Kietrz, NIP 7481388948, REGON 532429748, email address: [email protected].
2.1.5. TERMS AND CONDITIONS - these terms and conditions of the Contest.
2.1.6. ONLINE STORE - the Organizer's online store available at the web address: www.rockworld.pl.
2.1.7. BRICK-AND-MORTAR STORE - the Organizer's brick-and-mortar store located at: ul. Mikołaja 9a, 47-400 Racibórz.
2.1.8. PARTICIPANT - a natural person who participates in the Contest and additionally meets the requirements indicated in point 3 of the Contest Terms and Conditions.
2.1.9. CONTEST TASK - the contest task that must be completed by the Participant, consisting of answering the question: "My favorite Shimano product is... because..." during the placement of an order in the Online Store or during a purchase in the Brick-and-Mortar Store.
3. CONDITIONS OF PARTICIPATION IN THE CONTEST
3.1. Participation in the Contest is voluntary and free of charge.
3.2. Registration for the Contest takes place by purchasing any Shimano products and completing the Contest Task by the Participant during the placement of an order in the Online Store or during a purchase in the Brick-and-Mortar Store.
3.3. The Contest Task must be completed independently by the Participant, must be an original work that has not been previously published, including on the Internet. The Participant, in performing and submitting the Contest Task to the Organizer, must have full personal and property copyrights to it.
3.4. The Participant, in particular in connection with the performance and submission of the Contest Task, is prohibited from providing unlawful content. The content provided by the Participant, in particular as part of the Contest Task, should be legal and in accordance with good manners, respecting the personal rights as well as copyright and intellectual property rights of the Organizer and third parties, and should not contain vulgar, offensive language or violate the rules of social coexistence.
3.5. Excluded from participation in the Contest are employees and associates of the Organizer and other persons who were involved in the preparation or organization of the Contest, as well as members of their immediate family. By immediate family members, it is understood as ascendants, descendants, siblings, spouses, parents of spouses, and persons in the relationship of adoption.
4. TERMS AND RULES OF THE CONTEST
4.1. The Contest runs from October 18th, 2023 to November 19th, 2023.
4.2. In order to select the winner of the Contest and ensure its proper course, the Committee will freely choose the winning Contest Task, guiding themselves by their own discretion, taking into account the adequacy, compliance with the Contest theme, originality, and creativity of the Participant's Contest Task.
4.3. Two winners will be selected in the Contest, to whom the Contest Committee will award a prize of a Shimano Tribal TX-2 carp rod with a catalog value of 799 PLN.
4.4. The result of the Contest will be announced within 14 days from the end of the Contest, by publishing the relevant information in the appropriate section of the Organizer's Online Store. Additionally, the winner will be informed about the win by the Organizer via an email sent to the provided address or by phone.
4.5. In the event that the Organizer cannot obtain the data necessary to send the prize to the Participant or if there is no response to the message sent to the Participant by the Organizer, the Committee has the right to choose an alternative Participant, to whom the prize will be awarded.
4.6. The Organizer will contact the winner immediately, but no later than within 14 days from the end of the Contest.
4.7. The winner may renounce the right to the prize, however, they cannot transfer the right to the prize to a third party, nor request the replacement of the prize with a cash equivalent or any other form of compensation.
4.8. The prize will be delivered to the winner of the Contest by courier to the address provided by them within 21 days from the announcement of the Contest results at the expense of the Organizer.
4.9. If the prize is subject to taxation, the winners of the Contest will be awarded (added) an additional cash prize equal to the amount of tax that the Contest winner is obliged to pay due to the win in the Contest. The additional cash prize mentioned in the previous sentence is not subject to issuance and will be allocated to cover the lump-sum tax referred to in Article 30, section 1 point 2 of the Personal Income Tax Act from July 26th, 1991 (Consolidated text, Journal of Laws from 2018, item 1509 as amended). This tax will be deducted by the Contest Organizer and paid to the appropriate tax office.
5. PRIVACY POLICY
5.1. The Administrator of personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Organizer (hereinafter referred to as "Administrator"). Personal data is processed in accordance with the applicable legal provisions, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27th, 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" or "GDPR Regulation".
5.2. The Administrator processes personal data for the purposes, for the period and based on the principles indicated in this point of the Terms and Conditions. Providing personal data is voluntary, however, failure to provide personal data necessary to participate in the Contest results in the inability to participate in it. The Administrator takes special care to protect the interests of the persons to whom the processed personal data pertains, and in particular is responsible and ensures that the data collected by him is: (1) processed in accordance with the law; (2) collected for specified, lawful purposes and not subject to further processing incompatible with those purposes; (3) factually correct and adequate in relation to the purposes for which they are processed; (4) stored in a form that allows the identification of the persons they pertain to, no longer than is necessary to achieve the purpose of processing and (5) processed in a manner that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organizational measures. Taking into account the nature, scope, context, and purposes of processing as well as the risk of infringing the rights or freedoms of natural persons with varying likelihood and severity of the threat, the Administrator implements appropriate technical and organizational measures so that the processing complies with this regulation and to be able to demonstrate this. These measures are subject to reviews and updates if necessary. The Administrator uses technical measures to prevent unauthorized persons from accessing and modifying personal data transmitted electronically.
5.3. The Administrator is authorized to process personal data in cases where - and to the extent that - at least one of the following conditions is met: (1) the person to whom the data pertains has consented to the processing of his or her personal data for one or more specific purposes; (2) processing is necessary for the performance of a contract to which the data subject is party or to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary to fulfill a legal obligation to which the Administrator is subject; or (4) processing is necessary for the purposes resulting from legally justified interests pursued by the Administrator or by a third party, except when the interests or fundamental rights and freedoms of the data subject that require protection of personal data, in particular when the data subject is a child, override those interests.
5.4. Processing of personal data by the Administrator requires, in each case, the existence of at least one of the grounds indicated above. Specific grounds for the processing of personal data of Participants by the Administrator are indicated in the next point of the Terms and Conditions - in relation to the specific purpose of processing of personal data by the Administrator.
5.5. The Administrator may process personal data for the following purposes, on the following legal bases, and for the following period:
| Purpose of data processing | Legal basis for data processing | Data retention period |
| Organization of the Contest | Article 6(1)(f) of the GDPR Regulation (legitimate interest) - processing is necessary for the realization of purposes resulting from the legally justified interests of the Administrator - consisting of the necessity to fulfill the terms of the organized Contest towards its Participants in accordance with universally binding legal provisions and the below Terms and Conditions | Data is stored for the period necessary to conduct the Contest, implement prizes awarded to Contest Participants, resolve the agreement or extinguish the rights and obligations of the Organizer and Contest Participants. |
| Direct marketing | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Administrator) - processing is necessary for purposes resulting from the legally justified interests of the Administrator |
Data is stored for the period of the existence of legally justified interest pursued by the Administrator, but no longer than the period of limitation of claims of the Administrator against the data subject, on account of the Administrator's business activity. The period of limitation is determined by legal provisions, in particular the Civil Code (the basic term of limitation for claims related to conducting business activities is three years). The Administrator may not process data for the purpose of direct marketing in case of effective opposition to this by the data subject. |
| Establishing, pursuing or defending claims that may be raised by the Administrator or which may be raised against the Administrator in connection with the Contest. | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Administrator) - processing is necessary for purposes resulting from the legally justified interests of the Administrator - consisting of establishing, pursuing or defending claims that may be raised by the Administrator or which may be raised against the Administrator | Data is stored for the period of the existence of legally justified interest pursued by the Administrator, but no longer than the period of limitation of claims that may be raised against the Administrator (the basic term of limitation for claims against the Administrator is six years). |
5.6. The Administrator needs to use the services of external entities. The Administrator uses only the services of such processing entities that provide sufficient guarantees to implement appropriate technical and organizational measures so that the processing meets the requirements of the GDPR Regulation and protects the rights of the data subjects. The Administrator transfers data only when it is necessary to achieve a given data processing purpose and only to the extent necessary for its realization. Personal data of Participants may be transferred to the following recipients or categories of recipients:
5.6.1. service providers supplying the Administrator with technical, IT and organizational solutions, enabling the Administrator to conduct business activity (in particular, providers of computer software for website operation, email and hosting providers and suppliers of software for business management and technical support to the Administrator) - the Administrator provides the collected personal data of the Participant to a selected provider acting on his order only in case and to the extent necessary to realize the given data processing purpose consistent with this point 5 of the Terms and Conditions.
5.6.2. providers of accounting, legal and advisory services providing the Administrator with accounting, legal or advisory support (in particular, an accounting office, law firm or debt collection company) - the Administrator provides the collected personal data of the Participant to a selected provider acting on his order only in case and to the extent necessary to realize the given data processing purpose consistent with this point 5 of the Terms and Conditions.
5.6.3. carriers / forwarders / courier brokers / entities handling the shipping process - in the case of a Contest winner, the Administrator provides the collected personal data of the winner to selected carriers, forwarders or intermediaries executing shipments on the order of the Administrator - to the extent necessary to deliver the prize to the winner.
5.7. Every person has the right to control the processing of data concerning them, contained in the Administrator's data set, and in particular the right to: request supplementation, updating, correction of personal data, temporary or permanent suspension of their processing or their removal if they are incomplete, outdated, untrue or collected in violation of the law or are no longer needed for the purpose for which they were collected.
5.8. Right of access, rectification, restriction, deletion or transfer - the data subject has the right to request from the Administrator access to their personal data, their rectification, deletion ("the right to be forgotten") or restriction of processing and has the right to object to processing, as well as the right to transfer their data. Detailed conditions for the exercise of the above rights are indicated in articles 15-21 of the GDPR Regulation.
5.9. Right to withdraw consent at any time - if the person's data is processed by the Administrator on the basis of expressed consent (based on article 6(1)(a) or article 9(2)(a) of the GDPR Regulation), then they have the right to withdraw their consent at any time without affecting the lawfulness of the processing, which was made on the basis of consent before its withdrawal.
5.10. Right to lodge a complaint to a supervisory authority - if the person's data is processed by the Administrator, they have the right to lodge a complaint to a supervisory authority in the manner and procedure specified in the provisions of the GDPR Regulation and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office.
5.11. Right to object - the data subject has the right at any time to object – for reasons related to their particular situation – against the processing of their personal data based on article 6(1)(e) (interest or public tasks) or (f) (legitimate interest of the administrator), including profiling based on these provisions. In such a case, the Administrator may no longer process these personal data unless he demonstrates the existence of valid legally justified grounds for processing, overriding the interests, rights and freedoms of the data subject, or grounds for establishing, pursuing or defending claims.
5.12. Right to object to direct marketing - if personal data is processed for direct marketing purposes, the data subject has the right at any time to object to the processing of their personal data for such marketing, including profiling, to the extent that the processing is related to such direct marketing.
5.13. In order to exercise the rights mentioned in this point 5 of the Terms and Conditions, one can contact the Administrator by sending a relevant written message or an email to the Administrator's address indicated at the beginning of the Terms and Conditions.
6. COMPLAINT PROCEDURE
6.1. Complaints related to the Contest may be submitted by the Participant, for example, via email to: [email protected].
6.2. It is recommended to include in the complaint description as much information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity, and contact details - this will facilitate and accelerate the consideration of the complaint by the Organizer.
6.3. The Organizer
