CONTEST RULES

“Purella x Breakfastweek”

(“Contest”)

 

1

General Provisions

1. The Contest is organized and the prizes in the Contest are provided by 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, National Court Register Division XII 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 promisor of prizes within the meaning of Art. 919 § 1 of the Act of 23 April 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 sweepstake, or a promotional lottery within the meaning of Art. 2(1) of the Act on Gambling of 19 November 2009 (consolidated text: Journal of Laws of 2023, item 227) and is not subject to the regulations contained in the above Act or the implementing regulations thereto.
4. The Organizer declares that this Contest constitutes a public promise within the meaning of Art. 919 et seq. of the Civil Code.
5. For matters related to the Contest, the Organizer may be contacted via direct message on Instagram at: https://www.instagram.com/purella_superfoods/.
6. The Organizer informs that the Contest is in no way sponsored, supported, administered, or affiliated with Instagram. 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 brings a claim against Instagram related to this Contest. The promisor of prizes within the meaning of Art. 919 and 921 of the Civil Code is the Organizer.
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, namely the Internet, on the Instagram social media platform at: https://www.instagram.com/purella_superfoods/.
10. The Contest is conducted for the purposes of building the Organizer’s positive reputation and promoting products in its commercial offer. The Organizer is the entity issuing the prizes in the Contest.

2

Contest Participants

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 public profile on Instagram;
4. resides in the Republic of Poland;
5. has full legal capacity;

(hereinafter: “Contest Participant”).

2. Contest Participants must comply with the terms of use 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 facilitated 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 IT system or the Internet connection on the Contest Participant’s side at the time of submitting a Contest Entry.
5. Participation in the Contest must be submitted in the manner specified in the Rules. Failure to meet any of the submission requirements will result in the submission being invalid.
6. Participation in the Contest is permitted only in person, 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.

 

3

Contest Period

1. The Contest will be announced on the Organizer’s Instagram profile at: https://www.instagram.com/purella_superfoods/.
2. The Contest runs from 0:00 on 1 October 2024 to 23:59 on 10 October 2024 (hereinafter the “Contest Period”).

4

Contest Rules

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, namely:
2. Take a photo or video capturing their favorite breakfast with a Purella product;
3. publish this photo or video on their own Instagram profile while simultaneously tagging the @purella_superfoods profile and including the following hashtags in the post caption: #konkurs #breakfastweek #purellasuperfoods
4. The combined fulfillment of the prerequisites and criteria described in paragraph 1 above constitutes a valid Contest Entry and shall hereinafter be referred to in the Rules as a “Contest Entry” or “Entry”.
5. Each Contest Participant may submit any number of Entries.
6. By entering the Contest, the Contest Participant declares that:
7. they are of legal age, have read the Rules, and agree to their provisions;
8. they undertake to comply with the rules specified therein and confirm that they meet all the conditions entitling them to participate in the Contest;
9. they are the sole author of the Contest Entry;
10. they hold all economic copyrights to the Contest Entry;
11. they agree to the use and dissemination of the Contest Entry in a manner that enables the Contest Participant to participate in the Contest;
12. the Contest Entry is not encumbered by any third-party rights and does not infringe any third-party rights, in particular copyright;
13. the Contest Entry has not been, and will not be, submitted for participation in any other contests, promotions, or promotional or advertising activities;
14. if the Contest Entry captures the image of the Contest Participant, the Participant hereby agrees, by publishing the image independently at the Contest venue (on Instagram), to the use and dissemination of their image in a manner that enables 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. if the Contest Entry captures the image of any person other than the Contest Participant, the Participant has obtained the consent of the persons whose images are captured in the Contest Entry, or their legal representatives, to use and disseminate such images in a manner that enables 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;
16. if the Contest Entry captures the image of the Contest Participant’s child, the Participant holds parental authority over that child; parental authority has not been suspended or limited; the Contest Participant agrees to the use and dissemination of the child’s image in a manner that enables 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;
17. they are not a member of any collective copyright management organization and are not party to any agreement with any such organization under which the organization could acquire copyright to the Entry or otherwise obtain the right to manage such rights.
18. The Organizer may disqualify a Contest Participant from the Contest, in particular in the following cases:
19. infringement of any third-party rights, in particular personal rights (including the right to one’s image) and copyright;
20. if the results were obtained through fraud against the Organizer or other Contest Participants;
21. if the Contest Entry violates the Rules;
22. if the Contest Entry contains profanity, offensive, political, propaganda, religious, pornographic, or discriminatory content, or content that is unlawful and infringes any third-party rights, in particular personal rights, promotes the consumption of alcohol or the use of drugs or other prohibited intoxicants, or contains advertising content related to entities other than the Organizer, and if the Contest Participant does not hold copyright or related rights to the Contest Entry and all its elements to the extent specified in the Rules;
23. the Contest Entry infringes third-party copyright, contains any trademarks other than the Purella brand, the names of publicly known persons, or other content protected by intellectual property rights, promotes any products or services other than those in the Organizer’s commercial offer, or contains any other information similar in content and function;
24. 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.
25. The Contest Participant declares that they hold full copyright to the Contest Entry.
26. Only those entries submitted during the Contest Period that meet the Contest conditions will be considered, in particular if the content of the Contest Entry does not violate the rules set out in paragraph 4 above.

5

Prize

1. The Organizer has provided two equal prizes (hereinafter the “Prizes”), each consisting of a double invitation to BreakfastWeek at any of the locations listed on the BreakfastWeek website in the cities of Warsaw, Kraków, Poznań, Śląsk, Szczecin, Trójmiasto, and Wrocław, with a net value of PLN 70.00.
2. Prizes awarded in the Contest cannot be exchanged for any other prize.
3. The Contest Participant also has no right to demand that a Prize be exchanged for its cash equivalent.
4. An additional cash prize equal to 11.11% of the gross value of the Prize (rounded to the nearest whole zloty) will be awarded with the Prize, which will be immediately deducted by the Organizer as the payer of the 10% flat-rate personal income tax on the Prizes awarded in the Contest (Art. 30(1)(2) in conjunction with Art. 41(1) and (4) of the Personal Income Tax Act) and transferred to the relevant tax office (if applicable). The deduction of the 10% flat-rate tax from the value of the prizes means that the additional cash prize referred to in this paragraph will not be paid to the winners of an individual Prize.
5. Prize winners have the right to refuse the Prize. An unaccepted Prize will pass to the next person in the ranking, and resigning winners will not be entitled to any financial compensation.
6. Each winner will receive one Prize. A Contest Participant may win once during the entire Contest Period.
7. A Contest winner may not renounce part of the Prize; renouncing part of the Prize means renouncing the entire Prize.
8. If there are insufficient Contest Entries, the Organizer will award Prizes in a number equal to the number of valid entries.

• 6

Contest Committee

1. To ensure the proper organization and conduct of the Contest, in particular to assess the validity of Contest Entries, select the persons participating in the Contest, and choose the Contest winners, the Organizer will appoint a Contest Committee (hereinafter the “Contest Committee”).
2. The Contest Committee will consist of three representatives of the Organizer.
3. The Contest Committee will also be responsible for monitoring the proper conduct of the Contest and making decisions on all matters related to the Contest.

7

Selection of Winners and Awarding of Prizes

1. The Contest Committee, based on its subjective assessment of creativity, ingenuity, originality, and compliance with the theme of the Contest, and also evaluating the manner of presentation, will select 2 Prize winners from the valid Contest Entries.
2. The Contest Participant whose Contest Entry is selected according to the criteria specified
   in paragraph 1 above shall hereinafter be referred to as a “Prize Winner” or “Laureate”.
3. Information about the Prize winners will be published on 11 October 2024 as a comment under the contest post on Instagram at: https://www.instagram.com/purella_superfoods/, listing the Prize winners (by providing the exact Instagram handle used by the Contest Participant), to which the Contest Participant agrees by entering the Contest, along with the place occupied by the Laureate.
4. The Organizer will contact the Contest Participant – Laureate – via direct message on Instagram within 3 business days of the date the Prize winners are announced, to arrange the details of the Prize transfer and obtain the data specified in paragraph 5 of § 7 of the Rules.
5. To fulfill the Contest condition referred to in the paragraph above, and for the purpose of remitting tax on the prizes, the Laureate should send the following data to the Organizer via direct message: full name, mailing address, telephone number, email address, the address of the tax office competent for the Laureate, and PESEL number – for the purpose of remitting tax on the winnings and submitting tax information, as well as any other data the Organizer may request for the purpose of remitting tax on the Prizes.
6. Failure of the Laureate to respond to the Organizer’s direct message received via the Instagram app within 3 business days, as well as failure to provide the data required by paragraph 5 of § 7 of the Rules, will result in the loss of the right to the Prize. In such a case, the Prize will be awarded to another Contest Participant selected by the Contest Committee.
7. The Prize will be sent in electronic form via direct message
   on Instagram.
8. Prizes will be awarded in accordance with applicable tax laws.
9. The Organizer is not responsible for the inability to notify the Prize winner
   of the win or deliver the Prize if the Laureate provides incorrect contact data or for any other reason attributable to the Laureate.

8

Intellectual Property Rights

1. By submitting a Contest Entry, the Contest Participant declares that they hold exclusive and unrestricted copyright (economic rights) to the Contest Entry, in particular to the content published as part of such Contest Entry.
2. By submitting a Contest Entry, the Contest Participant also warrants that the Contest Entry is not encumbered by any legal defects, third-party claims, or other third-party rights, and that it does not infringe any third-party rights or legally protected interests. If the Contest Participant’s warranty proves untrue, the Contest Participant undertakes to bear all resulting consequences, in particular to indemnify the Organizer against all third-party claims arising from the infringement of their rights (e.g., copyright) or other legally protected interests.
3. If, as part of participation in the Contest, the Contest Participant creates a work or works within the meaning of copyright law and such work or works are included in a Contest Entry submitted by the Contest Participant in accordance with these Rules, such a Contest Entry shall be deemed to grant the Organizer a royalty-free, non-exclusive, territorially unrestricted license to use such work or works (in whole or in part) for a fixed term of 5 years, and thereafter – after the expiry of 5 years – for an indefinite period, provided that the Contest Participant shall have the right to terminate the license granted for an indefinite period with 2 years’ notice, in all fields of exploitation known on the date these Rules come into effect, in particular for:
4. fixing, reproducing, and publishing the work in print, television, the Internet, mobile telephony, or other electronic media (including the Organizer’s social media platforms such as Instagram, Facebook, and YouTube), as well as non-electronic media and websites operated by the Organizer;
5. reproduction by any printing and lithographic techniques in the form of prints, sheets, posters, advertisements, banners, etc., public performance, exhibition, display, reproduction, broadcasting, re-broadcasting;
6. public communication of the work in such a way that everyone may access it from a place and at a time individually chosen by them (including on the Internet, mobile telephone networks and other electronic communication networks, regardless of the number of transmissions, broadcasts and copies produced);
7. marketing, hiring out or lending the original or copies;
8. use 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, as well as to the Organizer's right to dispose of and use
   such adaptations for the purposes described in paragraph 3, points (a) to (e) above.
10. The Organizer has the right to grant sublicenses to third parties for all fields of exploitation listed in these Terms and Conditions.
11. The Contestant undertakes not to exercise at any time against the Organizer and the third parties whom the Organizer has authorized under the sublicense referred to above to use the work/works covered by the Contest Entry, their personal copyright, and agrees to their publication, public communication and use by the Organizer in any other manner permitted under § 8, paragraph 3 of the Terms and Conditions without the obligation to indicate the Contestant's name, surname or pseudonym as the author of such work/works.
12. The Organizer's acquisition of rights to the works covered by the Contest Entries under a license or by acquiring economic copyrights 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 Winners transfer to the Organizer, without additional remuneration, the economic copyrights to the Contest Entry under Article 921, paragraph 3 of the Civil Code, without time or territorial limitations, with the right to further transfer them to other parties, in the following fields of exploitation:
14. recording or reproduction of these works, in whole or in part, by any means, in any way and in any form, including the production of copies of these works by any technique (in particular printing, reprographic, magnetic recording and digital techniques);
15. distribution of these works (including copies in which the Works are recorded) and altered versions of these Works, in whole or in part, by any means, in any way and in any form, including lending and hiring;
16. public performance, exhibition, display, reproduction, broadcasting and re-broadcasting of each of the works, as well as their public communication in such a way that everyone may access them from a place and at a time individually chosen by them (including on the Internet);
17. input into computer memory and into computer or telecommunication networks;
18. making any changes to the works (including changes to the layout or content of each of the Works), both by the Organizer and third parties, and distributing the Works created in this way in any manner.
19. The Winners agree to the creation of creative and non-creative adaptations and modifications of the work, and to the use of such modified work in the fields of exploitation specified above without authorial supervision.
20. The Winner agrees to the distribution of the Contest Entry without the Contestant's personal data, including their name and surname, being indicated on the copy.
21. In the event of any doubts as to the authorship of the Contest Entry or the consents required for its exploitation, or in the event that third parties raise any objections or claims, the Contestant is obliged, upon the Organizer's request, to provide explanations and immediately present evidence confirming their exclusive right to the Work and justifying why no additional consents from third parties are required. If such evidence is not provided or is considered insufficient by the Organizer, the Organizer has the right to disqualify the Contestant from the Contest, and in the event that doubts, objections or claims are raised after the Prize has been awarded or issued, the Organizer has the right to decide that such Contestant shall lose the right to the Prize or to demand its return.

9

Processing of personal data

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 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 (hereinafter: "GDPR").
2. The data controller for the personal data of Contestants is Foodwell Sp. z o.o., with its registered office 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 by email at: iod@foodwell.pl
4. In connection with participation in the Contest, we collect the personal data of Contestants
   in the following scope:
5. the Contestant's name on the Instagram platform, and potentially their image provided in the Contest Entry;
6. the name, surname, email address, and telephone number of the Contest Winners;

in the case of the 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 majority: the date of birth.
4. The personal data of the Contestant will be processed for the following purposes:
5. participation in the Contest on the basis of the consent provided;
6. taking action at the request of the data subject;
7. selecting and announcing the Contest Winner; taking action at the request of the data subject;
8. handling tax matters (if such circumstances arise, the basis is the legal obligation incumbent on the Controller);
9. recording and distributing the Contest Task in accordance with § 8 of the Terms and Conditions (on the basis of the consent provided);
10. 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, exercising or defending claims (the basis is the legal obligation incumbent on the Controller).
11. To ensure proper organization in current matters related to the Organizer's activities, the recipients of the personal data of Contestants may be:
12. providers of legal and advisory services supporting the Organizer in pursuing legitimate claims (in particular law firms);
13. providers of services supplying the Organizer with technical
    and organizational solutions supporting business processes (in particular IT service providers, courier and postal companies, and hosting companies).
14. 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 Terms and Conditions and the Contestant's voluntary participation in the Contest. Providing data is voluntary, but if 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 in handling complaints.
15. The personal data of Contestants is processed by the Organizer during the Contest, its resolution, the awarding of prizes, and the handling of complaints, and thereafter for archival and accounting purposes for a period consistent with applicable regulations.
16. The Contestant has the right to access their personal data, the right to rectify, erase or restrict processing, and the right to data portability.
17. The Contestant has the right to lodge a complaint about the processing carried out by the Organizer with the President of the Office for Personal Data Protection - the body supervising personal data protection in Poland.
18. At any time, the Contestant may withdraw their previously given consent by submitting a suitable statement in documentary form that allows the Organizer to review its content. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of that consent before its withdrawal.
19. The personal data of participants are not subject to automated decision-making
    (including profiling).
20. Your personal data will not be transferred by us outside the European Union.
    In the case of contests organized on the Instagram platform, data transfers outside the European Economic Area will take place in accordance with the Instagram Privacy Policy and Terms of Service (https://www.facebook.com/help/instagram/581066165581870).
21. In the case 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 by being published on social media platforms, for purposes strictly related to conducting the Contest, to which the Contestant agrees by participating in the Contest.
22. To ask questions or exercise your rights regarding data processing, please contact us by email at: iod@foodwell.pl or send correspondence to the Organizer's address specified in § 1, paragraph 1 of the Terms and Conditions.

10

Complaints

1. Any 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, stating the return mailing address to which the response should be sent, or it may be submitted electronically to: biuro@foodwell.pl.
3. The complaint is reviewed by a three-member complaints committee selected by the Organizer.
4. The complaint submission should include the Contestant's name and surname, mailing address, the reason for and description of the complaint, the statement of the demand, and a signature.
5. The Organizer will review the complaint within 14 business days from the date of receipt.
6. The Organizer will inform the Contestant who submitted the complaint about the outcome of the complaint review,
   in the same form in which the complaint was submitted.
7. The complaints procedure is voluntary and does not preclude the Contestant's right to pursue claims independently of the complaints procedure through court proceedings.

11

Final Provisions

1. The Organizer reserves the right to change the Terms and Conditions provided that such a change does not infringe the acquired rights of Contestants. The change shall take effect upon publication of the amended version of the Terms and Conditions.
2. In matters not regulated by the Terms and Conditions, the provisions of the Civil Code shall apply.
3. The titles of individual sections of the Terms and Conditions are for informational purposes.
4. These Terms and Conditions shall enter into force on 7 October 2024.