RULES OF THE COMPETITION “BORCAS”

§1. General provisions

1. The organiser of the Borcas Competition (hereinafter also referred to as the “Competition”) is Borcas Kinga Smardz-Gawłowska, ul. Krotoszyńska 35, building B-02 lok. 6, 63-400 Ostrów Wielkopolski, NIP: 6222444657.

2. The Competition is held in the territory of the Republic of Poland and is conducted on the Internet within the Organizer's profile available at the URL address instagram.com/borcaseu (hereinafter also referred to as the "Official Organizer's Profile"), available on the portal www.instagram.com (hereinafter also referred to as "Instagram" or "IG").

3. The competition is not created, administered or sponsored by Instagram. This service is not responsible for any activities related to the organization of the competition on the service.

4. The Regulations establish the conditions of participation and the rules of the Competition and define the rights and obligations of the Competition participants, as well as the rights and obligations of the Organizer.

5. The competition is not created, administered or sponsored by Facebook or Instagram. These services are not responsible for any activities related to the organization of the competition on the site.

§2. Subject and purpose of the Contest

1. The subject of the Contest is to select, on the principles set out in these Regulations, the most interesting and creative answer to the task: "Write a short letter to Santa Claus, in which you describe why you want to win the Mosai table. You can mention how you imagine its place in your home or how it will accompany you during Christmas moments."

2. The Competition is conducted for the purpose of popularizing, promoting and advertising the Organizer's products.

§3. Duration of the competition

1. The Competition will run from 06.12.2024 from the moment of publishing the competition post on the Official Profile of the Organizer, until 16.12.2024 23:59 (hereinafter also referred to as the "Competition Period").

2. The competition results will be announced on 17/12/2024.

3. The winner will be informed of the Contest result via a private message via the IG platform. The result will also be published in a comment under the Contest post.

§4. Conditions of participation

1. The Contest is open only to individuals of full legal age, with full legal capacity, who: a. select and mark the "Like" button placed under the contest post; b. follow the Official Profile of the Organizer on Instagram; c. complete the Contest Task in accordance with §5 of the Rules; d. share the contest post on their Instagram story; e. enter the Contest on the terms set out in these Rules; Hereinafter referred to as "Participant" or "Participants".

2. Participation in the Competition is voluntary and free of charge.

3. The Participant accepts these Regulations by submitting the Competition Entry.

4. The competition takes place via a fanpage on the social networking site Instagram, available at: instagram.com/borcaseu

5. The condition for participating in the competition is to have a verified account on the website.

§5. Competition task

1. In order to enter the Contest, you must complete a Contest Entry during the Contest Period, which consists of: a. posting your original answer to the task on Instagram in the form of a comment under the contest post on the Official Profile of the Organizer: "Write a short letter to Santa Claus, in which you describe why you want to win the Mosai table. You can mention how you imagine its place in your home or how it will accompany you during Christmas moments." (hereinafter also "Contest Entry"); b. following the Official Profile of the Organizer instagram.com/borcaseu

2. Each Participant may submit one Contest Entry. Contest Entries may only be submitted during the Contest Period.

3. It is prohibited to submit Contest Works of an illegal nature or inconsistent with the Contest Rules. In particular, it is prohibited to submit Contest Works of an erotic, pornographic nature, commonly considered vulgar, offensive or obscene nature, violating both national and international legal and moral standards, depicting or promoting violence, hatred, discrimination (racial, cultural, ethnic, religious or philosophical, etc.), violating personal rights or insulting the dignity or feelings of other people (including religious and political). The Organizer has the right to remove Contest Works referred to in the previous sentence from Instagram and the Website. It is permissible to submit Contest Works promoting the Organizer's goods and services.

§6. Competition Committee

1. The Contest Entries are assessed by a Contest Committee composed of 2 persons, selected by the Organizer from among its representatives (hereinafter also referred to as the "Contest Committee"). The Contest Committee meetings are recorded in minutes.

2. The Competition Committee shall act in accordance with the principles set out in these Regulations, in particular it shall select the Winner, decide on the awarding of the Prize and resolve complaints concerning the conduct of the Competition.

§7. Rules for selecting the Winner of the Competition

1. The Competition Jury selects 1 (in words: one) Participant whose Competition Entry, in the opinion of the Competition Jury, is the most interesting, most original and most creative as well as best reflecting the nature of the Competition and its theme (hereinafter: "Winner").

2. The Competition Committee is independent, free from any influence and has full freedom in making the decisions described in this paragraph.

3. There is no right of appeal against the decisions of the Competition Committee, which does not exclude the right to file a complaint referred to in §13.

§8. Reward

1. The Competition provides for 1 (in words: one) Prize (collectively referred to as the "Prize") in the form of a Mosai Small side table (Brown Red / Cream) worth PLN 1,545 gross (including VAT 23%), included in the current offer of the Organizer: https://borcas.eu/products/stolik-pomocniczy-mosai-small?variant=45095341129996

2. The Winner is obliged to provide the necessary data at the Organizer’s request in order to provide detailed information on receiving the Prize.

3. The prize will be delivered via courier on the agreed date, no later than 20/12/2024.

4. The Winner is not entitled to exchange products received as part of the Prize. The Prize is also not exchangeable for cash.

§9. Announcement of the Competition result, informing the Winner about the competition result

1. The Organizer will publish the Competition Winner's data in a comment under the Entry on the Organizer's Official Profile no later than 20 December 2024 (hereinafter also referred to as: "Announcement of Competition Results").

2. The Competition Organizer reserves the right to publish the first and last names of the Winner and to mark the Winner's Instagram profile as part of the Official Profile of the Organizer, to which the Winner of the Competition hereby consents.

3. After publishing the data of the Winner of the Competition, the Organizer will contact the Winner by private message to deliver the Prize.

4. The Organizer is not responsible for the inability to deliver the prize due to reasons attributable to the Participant. In such a case, the prize will be forfeited.

5. The Organizer shall not be liable for any incorrect data provided by the Participant, and in particular for any change in personal data that makes it impossible to locate the Participant and inform them about the awarding of the Prize.

§10. Data verification, prize issuance and use of the prize

1. The Organizer has the right to verify the data of the Winner as the person entitled to the Prize.

2. The Organizer will contact the Winner in a private message via Instagram to transfer the products received as part of the Prize. The Winner is obliged to provide correct personal and contact details in the form of name and surname, residential address, correspondence address, e-mail address, telephone number and other data necessary for the delivery of the Prize and the fulfillment by the Organizer of the payer's obligations. In order to fulfill its legal obligations arising from national law and based on this law, the Organizer may also request other necessary data from the Winner.

3. The Prize will be sent to the Winner, after the application has been correctly submitted and the correct data has been provided, via a courier company or national postal operator. The cost of delivering the Prize is borne by the Organizer.

4. The Prize will be sent exclusively to the address provided to the Organiser by the Winner, located in the territory of the Republic of Poland.

5. If the Winner provides incorrect or untrue data and the Prize sent by the Organizer to the address indicated by him/her is returned to the Organizer, the Organizer shall deposit the Prize at its registered office until it is collected by the Winner. The Winner may collect the Prize on the above principles within 30 days of returning the Prize to the Organizer.

§11. Copyright and image of the person

1. Only Contest Entries may be submitted to the Competition: a. which meet all the conditions specified in the Contest Rules, b. whose use by the Organizer in accordance with the Contest Rules is in accordance with applicable regulations and does not violate the rights of third parties, in particular property and personal copyrights.

2. The Participant is liable for any infringement of copyright to works used in the Contest Entry. In the event that third parties file a claim against the Organizer related to infringement of copyright to works used by Participants in creating the Contest Entry, the Participant undertakes to release the Organizer from the obligation to provide any benefits to third parties related to copyright infringement and to cover the claims of such third parties in their full amount, at each request of the Organizer.

3. The Organizer is not obliged to publish the Competition Entries, and refusal to distribute them does not require justification.

4. The Contest Participant consents to the use by the Organizer of the submitted Contest Entry (or Contest Entries) during the Contest and after its end in order to promote the Organizer's profile.

§12. Personal data

1. The administrator of personal data provided by the Contest Participant is Borcas Kinga Smardz-Gawłowska, ul. Krotoszyńska 35, building B-02 lok. 6, 63-400 Ostrów Wielkopolski, NIP: 6222444657.

2. The Data Protection Inspector can be contacted by e-mail at info@borcas.eu or in writing to the registered office of the Organizer.

3. Personal data provided by the Competition Participant will be processed for the purpose of organizing and conducting the Competition, publishing information about the Competition winners via e-mail, providing information about the competition results to all employees, as well as for archiving and accountability purposes required by the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of personal data, hereinafter referred to as the GDPR.

4. The Administrator processes the indicated personal data on the basis of consent, in accordance with Article 6 (a) of the GDPR, and also on the basis of Article 6 (1) (f) of the GDPR – the legitimate interest of the Administrator – processing of participants' data for the purposes of conducting the competition, including selecting the winner and possible complaint procedure.

5. Participants’ personal data will be stored for a period of 3 months from the date of data collection, after which they will be irretrievably destroyed.

6. Persons whose personal data is processed by the Administrator have the right to: - access their data and receive a copy thereof; - rectify (correct) their data if it is incorrect or outdated, as well as the right to delete it, in a situation where the data is not processed in order to fulfill an obligation resulting from the law; - limit or object to the processing of data; - the right to withdraw consent at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal; - lodge a complaint with the President of the Personal Data Protection Office (to the address of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warsaw).

7. Participants' personal data will not be transferred to third party recipients.

8. Participants' personal data will not be transferred to a third country.

9. Providing personal data is voluntary, but necessary to enable the Organizer to organize the Competition and notify the winners of the awards; to the extent that it concerns the obligation to collect income tax advances on the prizes awarded to the winner, providing data is mandatory and results from the provisions of the Personal Income Tax Act indicated above.

10. The Administrator does not process the personal data of competition participants in a manner that is based solely on automated processing, including profiling.

§13. Complaints

1. Participants may submit any complaints regarding the manner of conducting the Competition, in particular in writing to the correspondence address of the Organizer, specified in paragraph 4 of this section (hereinafter also referred to as "Complaints").

2. Complaints should include the name and surname, exact address of the Participant, as well as a detailed description and indication of the reason justifying the submission of the Complaint.

3. Any Complaints regarding the conduct of the Competition will be accepted during the Competition period and within 14 days from the expiry of the period referred to in §9 section 1.

4. Complaints should be sent by registered mail to the following address: Borcas Kinga Smardz-Gawłowska, ul. Krotoszyńska 35, building B-02, room 6, 63-400 Ostrów Wielkopolski, NIP: 6222444657 or to the following e-mail address: info@borcas.eu with the note – “Borcas” competition. Complaints received after the deadline specified in par. 3 of this paragraph will not be considered. The date of the postmark or the date of sending the Complaint electronically to the Organizer shall be decisive for the acceptance of the Complaint for consideration.

5. Complaints are considered by the Competition Committee, which supervises the proper course of the complaint procedure.

6. When considering Complaints, the Competition Committee shall apply the provisions of these Regulations.

7. Complaints will be considered within 14 days of their receipt by the Organizer.

8. The Participant will be notified of the Organiser’s decision regarding the Complaint in writing by post or e-mail, depending on how the Complaint was sent to the Organiser.

§14. Final provisions

1. The content of the Regulations is available at the URL address: https://borcas.eu/pages/regulamin-konkursu and at the registered office of the Organizer and enters into force on 06.12.2024.

2. The law applicable to the competition is the law of the country in which the competition is held in accordance with § 1 section 2, unless otherwise stated in the mandatory provisions of the law of that country.

3. The Organizer reserves the right to change the Regulations in the event of at least one of the following important reasons: a. a change in the law regulating the rules and organization of the Competition, affecting mutual rights and obligations or a change in the interpretation of the above legal provisions as a result of court rulings, decisions, recommendations or recommendations of relevant offices or bodies in a given scope; b. solely in the scope of the method of conducting the Competition, a change caused solely by technical or technological reasons.

4. In the event of a change in the Regulations, the Organizer will make the consolidated text of the Regulations available by publishing it on the Official Profile of the Organizer.

5. Changes to the Regulations are effective from the moment they are clearly indicated and placed on the Official Profiles of the Organizer, for Participants who have not previously accepted the Regulations. In the case of Participants who have accepted the Regulations, they have the right to withdraw from participation in the Contest within 14 days from the date of notification of the change to the Regulations. Changes to the Regulations are effective for Participants who have accepted the Regulations after the deadline referred to in the previous sentence.

6. In matters not regulated by the Regulations, the Store Regulations and generally applicable provisions of law shall apply in particular.

7. Disputes related to and resulting from the Contest will be resolved by a common court with local jurisdiction over the seat of the Organizer. Ostrów Wielkopolski, 31.12.2024