martedì 31 dicembre 2019

DREAMLAND STORY – TERMS AND CONDITIONS FOR COMPETITIONS





1. General provisions

  1. These regulations (hereinafter: the Regulations) define the framework conditions for promotional campaigns conducted on the Dreamland Story page on Facebook.
  2. The organiser of the promotional campaigns referred to in clause 1 is REMI VISION SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with its registered office in the Republic of Poland in Bydgoszcz (85-087), ul. Gajowa 85, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Bydgoszcz, 13thCommercial Division under number KRS: 0000566867, NIP (tax ID No): 5542930413, REGON (statistical ID No): 361990253 (hereafter: the Organiser).
  3. The terms used in these Regulations shall have the following meaning:
  • i. Application – the Dreamland Story game,
  • ii. Competition – a promotional campaign consisting in selecting winners from among the participants who met the preliminary conditions of the Competition and submitted a competition entry fulfilling the criteria indicated by the Organiser,
  • iii. Announcement – a post on Facebook published by the Dreamland Story page which is an announcement of the terms and conditions of the promotional campaign,
  • iv. Promotion – a promotional campaign consisting in setting a task by the Organiser, where the promised prize is given to each person who has fulfilled the conditions of the campaign and has performed the task,
  • v. Participant – a natural person taking part in a promotional campaign,
  • vi. Virtual Values – all kinds of quantifiable values that are relevant to the play within the Application, including but not limited to: lives, movements, amplifiers and the virtual currency (golden bars) that can be exchanged for other Virtual Values.

§ 2. Disclaimer of Facebook liability

  1. Promotional campaigns organised by the Organiser are not in any way sponsored, supported or carried out by Facebook or related to it.
  2. The Participant and the Organiser release Facebook from any liability related to the course of promotional campaigns organised under the Regulations.

§ 3. Prerequisites for promotional campaigns

  1. A Participant of a promotional campaign may only be a natural person having full legal capacity or a person with limited legal capacity if he or she has the permission to participate in the promotional campaign of his or her statutory representative.
  2. A Participant of a promotional campaign must have a Facebook account and be a user of the Application.

§ 4. General principles of promotional campaigns

  1. A promotional campaign is initiated by publishing an Announcement on the Dreamland Story page.
  2. The Announcement shall include at least the following conditions for the promotional campaign:
  • i. indication (also indirect) whether the promotional campaign is a Promotion or a Competition,
  • ii. indication of the task or the competition entry to be performed by the Participant,
  • iii. indication of the prize,
  • iv. indication of the date by which the task should be completed or the competition entry submitted.
3. The Announcement may also contain other information.
4. In the event of a conflict between the content of the Announcement and the Regulations,
the Announcement shall prevail.
5. The Announcement contains a hyperlink to the Regulations in the wording applicable to a
given promotional campaign.
6. Unless the Announcement states otherwise, entering a Competition consists in publishing
a comment under the Announcement, containing the competition entry.
7. Each Competition Participant may submit only one competition entry, and in the case of a
Promotion – may receive a prize for completing a task only once.

§ 5. Prohibitions and exclusion of a Competition Participant

  1. It is forbidden for a Participant to submit competition entries:
  • i. containing content violating the principles of morality, in particular words commonly considered to be vulgar or offensive,
  • ii. duplicating, in whole or in a significant part, the content of the competition entry of another participant,
  • iii. infringing in a different way other people's intellectual property rights, in particular copyright and trademark protection rights,
  • iv. containing content that violates the personal rights of other persons,
  • v. otherwise in violation of generally applicable law.
2. A Participant who fails to comply with the Regulations or other terms and conditions of a
promotional campaign shall be excluded from it.
3. The Organiser shall inform the Participant about the exclusion from the promotional
campaign via Messenger.

§ 6. Selection of winners and announcement of the results of a Competition

  1. The Organiser shall evaluate only such competition entries that are submitted by Participants who have met the conditions of the Competition and have not been excluded from it.
  2. Competition entries shall be evaluated by a representative appointed by the Organiser.
  3. Unless the Announcement states otherwise, the criterion for the evaluation of the Competition entries is their conformity with the subject matter of the Competition, originality, creativity, as well as artistic values.
  4. Unless the Announcement states otherwise, the results of the Competition shall be announced in a publication on the Dreamland Story page. In addition, the Organiser shall contact the awarded Participants individually via Messenger.
  5. When the results of the Competition are announced, the published data shall contain the name and surname of the awarded Participant, as disclosed in his/her Facebook profile.

§ 7. Delivery of prizes in promotional campaigns

  1. In the case of prizes in the form of physical objects, the awarded Participant is obliged to provide the address details necessary to deliver the prize.
  2. The prize shall be delivered at the expense of the Organiser.
  3. If the details referred to in clause 1 are not provided within seven days from the date of the Organiser's notification of the prize award, the prize shall be forfeited to the Organiser without being awarded to another Participant of the Competition. The previous sentence shall apply accordingly in the event of the Participant’s failure to collect the shipment with the prize.
  4. In the case of prizes in the form of Virtual Values, the prize shall be delivered by assigning the relevant Virtual Values to the user's account in the Application linked to the Facebook account from which the competition entry was made.
  5. Prizes cannot be exchanged for other items or cash equivalents.

§ 8. Taxation of prizes

  1. In the case of a prize whose delivery results in the necessity to pay income tax, the Organiser shall grant the awarded Participant an additional cash prize in order to cover the tax due. The additional cash prize shall not be transferred to the awarded Participant but to the appropriate tax administration authority.
  2. The awarded Participant is obliged to provide the Organiser with all personal data necessary for the proper payment of the due tax or document the right to tax exemption, prepare the related tax documentation and submit the necessary tax returns.
  3. The refusal to provide the data referred to in clause 2 shall be grounds for the Organiser to refuse to deliver the prize.

§ 9. Complaints

  1. The Participant may file complaints regarding the course of the promotional campaign in the following manner:
  • i. to the mailing address: ul. Gajowa 85, 85-087 Bydgoszcz, Poland
  • ii. to the e-mail address: dreamlandstory@remivision.com
2. In the complaint, the Participant should provide data allowing the Organiser to identify
him/her, and indicate the type of malfunction.
3. The Organiser undertakes to consider the complaint within 14 days of its receipt, and if in
particularly justified cases it proves impossible – to inform the Participant within this
period of the reasons for this state of affairs and the final date for consideration of the
complaint.

§ 10. Copyright and image

  1. In relation to the awarded competition entries constituting works within the meaning of the copyright law, the Organiser shall acquire the economic copyrights to them in all possible fields of exploitation, in particular in the following fields:
  • i. with respect to recording and multiplying the work — creating copies of the work with the use of any technique, including printing, reprographic, magnetic recording and digital techniques;
  • ii. with regard to transactions relating to the original or copies on which the work was recorded – marketing, lending or leasing of the original or copies;
  • iii. within the scope of distribution of the work in a manner other than specified in the preceding sub-clause – publicly performing, exhibiting, displaying, reproducing as well as broadcasting and re-broadcasting and making the work available to the public in a way enabling anyone to access it where and when they see fit.
2. With respect to works referred to in clause 1, the Participant also allows the Organiser to
exercise derivative copyrights.
3. In the event that the competition entry contains the image of the Participant, the
Participant on its publication consents to the distribution of his/her image for the
purposes of conducting, resolving and announcing the results of the Competition.
4. In the event that the competition entry contains the image of third parties, the Participant
on its publication guarantees that he/she has obtained the consent of those persons to
distribute the image for the purposes referred to in clause 3 or that such consent is not
required.

§ 11. Amendments to the Regulations

  1. The Organiser has the right to amend the Regulations.
  2. Any amendment to the Regulations shall be effected by publishing a link to its new wording.
  3. In relation to promotional campaigns announced before the introduction of the new wording of the Regulations, the Regulations in the previous wording shall apply.

§ 12. Final provisions

  1. These Regulations are of framework character; therefore, they are not a self-contained basis for the rights and obligations of the Organiser or the Participant, without supplementing them in the form of an Announcement.
  2. In matters not regulated by the Regulations, the Polish law shall apply.
  3. The Regulations shall be effective as of 22 November 2019.
  4. The rules of processing the personal data of the Participants by the Organiser and their legal basis are defined in the Privacy Policy of the Dreamland Story page.

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