BeRAW Contest Rules

1. The Organizer of the Contest and the sponsor of the prizes in the Contest is Foodwell sp. z o.o., with its registered office
   in Warsaw, ul. Fabryczna 5, 00-446 Warsaw, registered in the Register of Entrepreneurs by the District Court for the Capital City of Warsaw, XII National Court Register Division under KRS number: 0000968772, NIP: 521-15-01-724, REGON: 012272090, with share capital
   of PLN 6,825,750.00 (hereinafter the “Organizer”). Foodwell sp. z o.o. is a prize-promising entity within the meaning of Art. 919 § 1 of the Act of April 23, 1964 - Civil Code (consolidated text: Journal of Laws of 2022, item 1360, as amended).
2. The Contest will be held in accordance with these rules (hereinafter the “Rules”), available on the website pl (hereinafter the “Contest Website”), as well as in accordance with the laws of Poland, in particular the provisions of the Civil Code.
3. The Contest is not a game of chance, a lottery, or a promotional lottery within the meaning of Art. 2, para. 1 of the Act on Gambling of November 19, 2009 (consolidated text: Journal of Laws of 2023, item 227) and is not subject to the regulations contained in the above-mentioned Act and the implementing regulations thereof.
4. The Organizer declares that this Contest constitutes a public promise within the meaning of Art. 919 et seq. of the Civil Code.
5. In matters related to the Contest, the Organizer may be contacted via private message on Instagram at: https://www.instagram.com/beraw_ewachodakowska/
6. The Organizer informs that the Contest is not sponsored, supported, administered, or affiliated with Instagram in any way. All questions, comments, and
   complaints and claims related to the Contest should be directed to the Organizer, not to Instagram. The Organizer undertakes to indemnify Instagram against any liability to any Contest Participant who directs a claim against Instagram related
   to this Contest. The Organizer is the prize-promising entity within the meaning of Art. 919 and 921 of the Civil Code.
7. Participation in the Contest is voluntary.
8. By entering the Contest, the Contest Participant accepts all provisions
   contained in the Rules.
9. The Contest will be announced and conducted through mass media,
   the Internet, on the Instagram social media platform at: https://www.instagram.com/beraw_ewachodakowska/ and https://www.instagram.com/bebiocosmetics/   
10. The Contest is conducted for the purpose of building the Organizer’s positive reputation, as well as
    promoting the products in its commercial offer. The entity awarding the prizes in the Contest is the Organizer.

1. A Contest Participant may be a natural person who is a consumer within the meaning of Art. 22¹ of the Civil Code and who, during the Contest, meets the following conditions:
2. is a natural person who has reached the age of 18;
3. has access to the Internet and an active account on Instagram with a public profile;
4. resides in the territory of the Republic of Poland;
5. has full legal capacity;

(hereinafter: “Contest Participant”).

2. Contest Participants must comply with the rules of www.instagram.pl.
3. Employees and representatives of the Organizer, their spouses, descendants, ancestors, and siblings, as well as persons meeting the above criteria
   in relation to other entities directly involved in the preparation and conduct of the Contest on behalf of the Organizer, may not be Contest Participants.
4. Participation in the Contest is conducted through www.instagram.pl; therefore, the ability to participate may depend on the hardware and technical capabilities available to the Contest Participant. The Organizer is not responsible for the operation of the computer system or Internet connection on the Contest Participant’s side at the time of submitting the Contest Entry.
5. The Contest Entry must be submitted in the manner specified in the Rules. Failure to meet any of the entry requirements will render the entry invalid.
6. The Contest may be entered personally only, using the Participant’s own personal Instagram account. Creating accounts and submitting Contest Entries on behalf of third parties, or through their accounts, is prohibited. The Organizer reserves the right to disqualify such a Participant from the Contest and refuse to award them a prize.

1. The Contest will be announced on the Organizer’s Instagram profile at https://www.instagram.com/beraw_ewachodakowska/ and https://www.instagram.com/bebiocosmetics/
2. The Contest runs from 0:00 on November 13, 2024, to 23:59 on November 24, 2024 (hereinafter the “Contest Period”).

1. To enter the Contest, the Contest Participant must, during the Contest Period, meet all the conditions specified in the Rules and complete the Contest task, i.e., post a comment under the Contest post published on Instagram at https://www.instagram.com/beraw_ewachodakowska/ and https://www.instagram.com/bebiocosmetics/ answering the question: “If you could create your own advent calendar with BeRAW and BeBIO cosmetics products, what would you add to it and why?”
2. The combined fulfillment of the prerequisites and criteria described in para. 1 above constitutes a properly submitted Contest Entry and shall be referred to in the Rules as the “Contest Entry” or “Entry”.
3. Each Contest Participant may submit only one Entry.
4. By entering the Contest, the Contest Participant declares that:
5. they are of legal age and have read the Rules and agree to their provisions;
6. they undertake to comply with the rules specified therein and confirm that they meet all the conditions that entitle them to participate in the Contest;
7. they are the sole author of the Contest Entry;
8. they hold all economic copyrights to the Contest Entry;
9. they agree to the use and dissemination of the Contest Entry in a manner that allows the Contest Participant to participate in the Contest;
10. the Contest Entry does not infringe upon the rights of third parties, in particular copyright;
11. the Contest Entry has not been and will not be submitted for participation in other contests, promotions, or promotional or advertising activities;
12. if the Contest Participant’s image is captured as part of the Contest Entry, they hereby agree, by publishing it independently at the Contest venue (on Instagram), to the use and dissemination of their image in a manner that allows the Contest Participant to participate in the Contest and to the publication of the Contest Entry by the Organizer on Instagram for the purpose of promoting the Contest
    and announcing the results;
13. if the Contest Entry captures the image of a person other than the Contest Participant, the Contest Participant has obtained the consent of the person whose image was captured as part of the Contest Entry, or their legal representative, to use and disseminate the above-mentioned image in a manner that allows the Contest Participant to participate in the Contest and to the publication of the Contest Entry by the Organizer on Instagram
    for the purpose of promoting the Contest and announcing the results;
14. if the Contest Entry captures the image of the Contest Participant’s child, the Contest Participant has parental authority over that child; parental authority has not been suspended or limited; the Contest Participant agrees to the use of the above-mentioned image of the child and to its dissemination in a manner that allows the Contest Participant to participate in the Contest and to the publication of the Contest Entry by the Organizer on Instagram for the purpose of promoting the Contest and announcing the results;
15. they are not a member of any collective management organization for copyrights and are not party to any agreement with any such organization under which the organization could acquire copyrights to the Entry or otherwise obtain the right to manage those rights.
16. The Organizer may disqualify a Contest Participant from the Contest, in particular in the following cases:
17. infringement of any third-party rights, in particular: personal rights (including the right to one’s image) and copyrights;
18. if the results were obtained through fraud against the Organizer or other Contest Participants;
19. if the Contest Entry violates the Rules;
20. if the Contest Entry contains profanity, offensive, political, propaganda, religious, pornographic, or discriminatory content, or content that is unlawful and infringes upon any third-party rights, in particular personal rights and copyrights, promotes the consumption of alcohol or the use of drugs or other prohibited intoxicating substances, or contains advertising content related to entities other than the Organizer, and if the Contest Participant does not hold copyrights or related rights to the Contest Entry and all its elements to the extent specified in the Rules;
21. the Contest Entry may not infringe upon the copyrights of third parties or contain any trademarks, with the exception of the BeRAW and BeBIO trademarks, the names of publicly known persons, or any other content protected by intellectual property rights, promote any products or services other than those in the Organizer’s commercial offer, or contain any other information similar in content and function;
22. if two identical Contest Entries are submitted by different Contest Participants, the Contest Entry submitted earlier will participate in the Contest, meaning that the later submitted Entry will be disqualified.
23. The Contest Participant declares that they hold full copyrights to the Contest Entry.
24. Only Contest Entries published during the Contest Period and meeting the Contest conditions will be considered, in particular if the content of the Contest Entry does not violate the principles specified in para. 4 above.

1. The Organizer has provided twenty equivalent prizes (hereinafter the “Prizes”), each in the form of an advent calendar created in collaboration between the BeRAW and BeBio Cosmetics brands, with a net value of PLN 199.00.
2. The Prizes awarded in the Contest cannot be exchanged for another prize.
3. The Contest Participant also has no right to demand that a Prize be exchanged for its cash equivalent.
4. In addition to the Prize, an additional cash prize of 11.11% of the gross value of the Prize (rounded to the nearest whole zloty) will be awarded, which will be immediately deducted by the Organizer as the tax collector for 10% flat-rate personal income tax from the transferred
   Prizes in the Contest (Art. 30, para. 1, item 2, in conjunction with Art. 41, para. 1 and 4 of the Personal Income Tax Act) and transferred to the relevant tax office (if applicable). The deduction of 10% flat-rate tax from the value of the prizes means that the additional cash prize referred to in this paragraph will not be issued to the Winners of an individual Prize.
5. The Winner of a Prize has the right to refuse to accept the Prize. An unaccepted Prize will pass to the next person in the ranking, and the forfeiting Winner will not be entitled to any financial compensation.
6. Each Winner will receive one Prize. One Contest Participant may win in the Contest only once during the entire Contest Period.
7. The Contest Winner may not forfeit part of the Prize, and forfeiting part of the Prize shall mean forfeiting the entire Prize.
8. If there are not enough Contest Entries in the Contest, the Organizer will award Prizes in a number corresponding to the number of valid entries.

1. The Contest Committee, guided by its subjective assessment based on the criteria of creativity, ingenuity, originality, and compliance with the theme of the Contest, and also evaluating the manner of presentation, will select 10 (ten) Prize Winners from among the valid Contest Entries.
2. The Contest Participant whose Contest Entry is selected according to the criteria specified
   in para. 1 above shall hereinafter be referred to as the “Prize Winner” or “Laureate”.
3. Information about the Prize Winners will be published on November 25, 2024, in the form of a comment under the competition post on Instagram at: https://www.instagram.com/beraw_ewachodakowska/ and https://www.instagram.com/bebiocosmetics/, where the Prize Winners will be listed (by accurately stating the Contestant's so-called nick used on Instagram), to which the Contestant agrees by entering the Contest, along with indicating the place taken by the given Laureate.
4. The Organizer will contact the Contestant – Laureate - via private message on Instagram within 3 business days from the date of announcing the Prize Winners, for the purpose of arranging the details of the Prize transfer and obtaining the data listed in § 7 par. 5 of the Regulations.
5. In order to fulfill the Contest condition referred to in the point above, as well as for the purpose of paying the prize tax, the Laureate should send the Organizer the following data via message: first and last name, correspondence address, phone number, email address, as well as the address of the tax office competent for the Laureate and the PESEL number – for the purpose of paying the tax from the winnings and submitting tax information and possibly other data that the Organizer will request for the purpose of paying the Prize tax.
6. No response from the Laureate to the private message received from the Organizer via the Instagram application within 3 business days, as well as the Laureate not providing the data required according to § 7 par. 5 of the Regulations, will result in the loss of the right to the Prize. In such a case, the Prize will be transferred to another Contestant selected by the Competition Committee.
7. The Prize will be sent to the indicated address in Poland in the form of a courier shipment.
8. The Prizes will be issued in accordance with the applicable tax laws.
9. The Organizer is not responsible for the inability to notify the Prize Winner
   of the win or deliver the Prize in the event that the Laureate provides incorrect contact data or for other reasons attributable to the Laureate.

1. Making a Contest Entry by the Contestant is equivalent to the Contestant submitting a declaration that they have the exclusive and unlimited copyright (economic) to the Contest Entry, including in particular – to the content published as part of such a Contest Entry.
2. Making a Contest Entry by the Contestant is also equivalent
   to the Contestant submitting a guarantee that the Contest Entry is not burdened by any legal defects, claims and other rights of third parties, and also – that it does not violate any rights or legally protected interests of third parties. In the event that the above guarantee of the Contestant proves to be untrue, the Contestant undertakes to bear all resulting consequences, including in particular undertaking to release the Organizer
   from all third-party claims arising from the violation of their rights (e.g. copyright) or other legally protected interests.
3. If, as part of participating in the Contest, the Contestant creates a work/works within the meaning of copyright law and the above work/works are covered by the Contest Entry made by the Contestant in accordance with these Regulations, then making such a Contest Entry will be equivalent to the Contestant granting the Organizer a free, non-exclusive, territorially unlimited license to use such a work/works (in whole or in part) for a period of 5 years, and then - after 5 years – for an indefinite period, with the reservation that the Contestant will have the right to terminate the license granted for an indefinite period with a 2-year notice period, on all fields of exploitation known on the date of entry into force of these Regulations, in particular for:
4. fixing, reproducing and publishing the work in the press, television, the Internet, mobile telephony or other electronic media (including the Organizer's social media portals such as Instagram, Facebook, YouTube) and non-electronic media, as well as on websites operated by the Organizer;
5. reproducing by any printing and printing techniques in the form of prints, boards, posters, announcements, banners, etc., public performance, exhibition, display, reproduction, broadcasting, re-broadcasting;
6. publicly making the work available in such a way that everyone can have access to it
   in a place and at a time of their choosing (including on the Internet, mobile telephony networks and other electronic communication networks, regardless of the number of broadcasts, emissions and produced copies);
7. introducing into circulation, lending the original or copies;
8. using for promotion and advertising purposes, as well as merchandising.
9. The Contestant also agrees to the creation of adaptations of the work/works covered by the Contest Entry and to the Organizer's disposal and use
   of such adaptations for the purposes described in par. 3 lit. a) – e) above.
10. The Organizer has the right to grant sublicenses to third parties for all fields of exploitation listed in these Regulations.
11. The Contestant undertakes not to exercise at any time against the Organizer
    and the entities that the Organizer, as part of the sublicense referred to above, has authorized to use the work/works covered by the Contest Entry, personal copyright rights, and agrees to their publication, public availability and use by the Organizer in any other manner permitted under § 8 par. 3 of the Regulations without the obligation to indicate the Contestant's first name and last name or pseudonym as the author of such a work/works.
12. The Organizer obtaining rights to the works covered by the Contest Entries within the scope of the license or through the acquisition of economic copyright does not create an obligation on the Organizer to use them in any of the fields of exploitation listed above.
13. Upon receiving the Prize, the Laureates transfer, without additional remuneration,
    to the Organizer the economic copyright to the Contest Entry, pursuant to Art. 921 § 3 of the Civil Code, without time and territorial limitations, with the right to further transfer them to other entities, on the following fields of exploitation:
14. fixing or reproducing these works in whole or in part by any means,
    in any way and in any form, including producing copies of these works by any technique (in particular printing, reprographic, magnetic recording and digital techniques);
15. disseminating these works (including copies on which the works are fixed) and altered versions of these works, in whole or in part by any means, in any way and in any form, including lending and rental;
16. public performance, exhibition, display, reproduction, and broadcasting and re-broadcasting of each of the works, as well as making them publicly available in such a way that everyone can have access to them in a place and at a time of their choosing (including on the Internet);
17. introducing into computer memory and into computer or telecommunication networks;
18. making any changes to the works (including changes to the arrangement or content of each of the works) by both the Organizer and third parties, and disseminating the works created in this way in any manner.
19. The Laureates agree to the making of creative
    and non-creative changes and modifications to the work, and to the use of the so-modified work in the fields of exploitation specified above without copyright supervision.
20. The Laureate agrees to the dissemination of the Contest Entry without the indication
    of their personal data on the copy, including their first and last name.
21. In the event of any doubts regarding the authorship of the Contest Entry or the consents required for its exploitation, or in the event of any reservations or claims being submitted by third parties, the Contestant is obliged upon the Organizer's request to provide explanations and immediately present evidence confirming their exclusive right to the work and justification for the lack of necessity to obtain additional consents from third parties. In the event that they are not presented or are considered insufficient by the Organizer, the Organizer has the right to exclude the Contestant from the Contest, and in the event that doubts, reservations, or claims are submitted after the Prize has been awarded or issued, the Organizer has the right to decide that such a Contestant loses the right to the Prize or to demand its return accordingly.

1. The personal data of Contestants will be processed in accordance with 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 (hereinafter: "GDPR").
2. The personal data controller of Contestants is Foodwell Sp. z o.o. with its seat
   in Warsaw, ul. Fabryczna 5, 00-446 Warsaw
3. In all matters related to the processing of your personal data by the Organizer, please contact us at the email address: iod@foodwell.pl
4. In connection with participation in the Contest, we collect the personal data of Contestants
   in the scope of:
5. the Contestant's name on the Instagram portal, possibly their image made available
   in the Contest Entry;
6. the first name, last name, email address, phone number of the Contest Winners;

in the case of Contest Winners and for the purpose of handling complaints:

1. the delivery address of the Prize;
2. for tax purposes: the PESEL number;
3. for the purpose of confirming adulthood: the date of birth.
4. The personal data of the Contestant will be processed for the purpose of:
5. participation in the Contest on the basis of the consent provided;
6. taking actions at the request of the person whose data it is;
7. selecting and announcing the Contest Winner;
8. taking actions at the request of the person whose data it is;
9. handling tax matters (in the event of such a circumstance, the basis is the legal obligation incumbent on the Controller);
10. fixing and disseminating the Contest Task in accordance with § 8 of the Regulations (on the basis of the consent provided);
11. managing requests for the exercise of rights, recording the history of submissions in accordance with the principle of accountability, and for purposes related to establishing, pursuing, or defending against claims (the basis is the legal obligation incumbent on the Controller).
12. Due to the provision of proper organization in current matters related to the Organizer's activity, the recipients of the personal data of Contestants may be:
13. providers of legal and advisory services supporting the Organizer in pursuing legitimate claims (in particular law firms);
14. providers of services supplying the Organizer with technical
    and organizational solutions, supporting business processes (in particular IT service providers, courier and postal companies, hosting companies).
15. The basis for processing the personal data of the Contestant is the Organizer's legitimate interest arising from the implementation of the provisions of the Regulations and the Contestant's voluntary participation in the Contest. Providing data is voluntary, but in the event that it is not provided, the Contestant will not be able to participate in the Contest or receive the Prize. The basis for processing data is also the Organizer's legitimate interest consisting
    in handling complaints.
16. The personal data of Contestants are processed by the Organizer during the Duration of the Contest, its resolution, the awarding of prizes, and the handling of complaints, and then
    for archival and accounting purposes for a period consistent with applicable laws.
17. The Contestant has the right to access their personal data, the right to rectify, delete, or restrict processing, and the right to data portability.
18. The Contestant has the right to lodge a complaint regarding the processing carried out by the Organizer to the President of the Office for Personal Data Protection - the body exercising supervision over personal data protection in Poland.
19. At any time, the Contestant may withdraw previously submitted consent by submitting a suitable declaration in documentary form allowing the Organizer to review its content. Withdrawal of consent does not affect the lawfulness of the processing carried out on its basis before its withdrawal.
20. The personal data of participants are not subject to automated decision-making
    (including profiling).
21. Your personal data will not be transferred by us outside the European Union.
    In the event of contests organized on the Instagram platform, the transfer of data outside the European Economic Area will take place in accordance with the Privacy Policy and Terms of Service of the Instagram service (https://www.facebook.com/help/instagram/581066165581870).
22. In the event of a Contest Entry containing an image, the personal data of the Contestant and the personal data of persons captured in the Contest Entry may be used and processed for marketing purposes during the Contest and after its conclusion, in particular published on social media platforms, for purposes strictly related to conducting the Contest, to which the Contestant agrees by entering the Contest.
23. To ask questions or exercise rights related to data processing, please contact us at the email address: iod@foodwell.pl or send correspondence to the Organizer's address indicated in § 1 par. 1 of the Regulations.

1. Every Contestant may submit a complaint to the Organizer regarding the conduct of the Contest.
2. The complaint should be submitted to the Organizer at Foodwell Sp. z o.o. ul. Fabryczna 5, 00-446 Warsaw, providing a correspondence return address where the response is to be sent. The complaint can also be submitted electronically to the address: biuro@foodwell.pl.
3. The complaint is reviewed by a complaint committee consisting of three persons selected by the Organizer.
4. The complaint submission should include the first and last name, the Contestant's address
   for correspondence, the reason and description of the complaint, the content of the demand, and a signature.
5. The Organizer reviews the complaint within 14 business days from the date of receipt.
6. The Organizer will inform the Contestant who submitted the complaint about the resolution of the complaint,
   in the same form in which the complaint was submitted.
7. The complaint procedure is voluntary and does not exclude the Contestant's right
   to pursue claims independently of the complaint procedure through court proceedings.

1. The Organizer reserves the right to amend the Regulations provided that such an amendment does not prejudice the acquired rights of the Contest Participants. The amendment shall take effect upon publication of the amended version of the Regulations.
2. In matters not covered by the Regulations, the provisions of the Civil Code shall apply.
3. The titles of the individual sections of the Regulations are for informational purposes only.
4. These Regulations shall enter into force on November 13, 2024.