TERMS AND CONDITIONS OF THE COMPETITION “Coca-Cola HBC Brand Opener 2021”
§ 1. INTRODUCTION
1.1 This document (hereinafter the “Terms and Conditions”) specifies the terms of organisation of the Competition “Coca-Cola HBC Poland & Baltics Brand Opener 2021” (hereinafter the “Competition”) and the conditions for participation in the Competition, including the principles of awarding Prizes to the Competition Participants.
1.2 The terms used in these Terms and Conditions have the following meanings:
1.2.1 “Competition” – the Competition “Coca-Cola HBC Brand Opener” organised by Coca-Cola HBC Polska Sp. z o.o. on the terms specified in these Terms and Conditions.
1.2.2 “Organiser” – Coca-Cola HBC Polska sp. z o.o. with its registered office in Warsaw (02-092), at ul. Żwirki i Wigury 16, entered into the National Court Register maintained by the District Court in Warsaw, 13th Commercial Division of the National Court Register, under the KRS number: 0000015664, with a share capital of PLN 400,292,600.00, REGON (statistical identification number): 012833736, NIP (tax identification number): 524-21-06-963, BDO (Waste Data Base number): 000035278 represented by a duly authorised representative.
1.2.3 “Participant” – a person meeting all of the following requirements:
a. is a natural person with full legal capacity. Legal persons and organisational units without legal personality may not participate in the Competition;
b. is of full age;
c. is a student in the 1st, 2nd, 3rd, 4th or 5th year of studies;
d. is under 26 years of age on the first day of the Competition;
e. is not an employee, officer or representative of the Organiser or entities directly participating in the preparation and organisation of the Competition, and does not cooperate permanently with the aforementioned entities on a basis other than a contract of employment;
f. is not a closest family member, i.e. an ascendant, descendant, sibling, spouse of the persons referred to in the previous item.
1.2.4 “Contractor” – the Competition Contractor is the company LUCKYYOU INTERACTIVE sp. z o.o., with its registered office in Poznań (60-352), at ul. Zakręt 8, entered into the register of entrepreneurs kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under the KRS number: 0000451138, NIP (tax identification number): 7811883362, REGON (statistical identification number): 302354454 (hereinafter the “Contractor”).
1.2.5 “Application” – the act of the Participant joining the Competition by filling in an electronic form on the website www.brandopener.eu. The Organiser is not liable for provision of false data by the Participants. Provision of false data deprives the Participant of the right to a Prize.
1.2.6 “Jury” – a commission composed of persons being the Organiser’s representatives.
1.2.7 “Mini Challenge” – an additional task published on the Competition fanpage www.facebook.com/CocaColaBrandOpener/, offering an opportunity to win an additional prize. The solution must be submitted in the English language or in the language indicated in the task.
1.2.8 “Business Case” – a task to be solved by the Participants of the Main Competition. The entry must be submitted in the English language.
§ 2. GENERAL PROVISIONS
2.1 The goal of the Competition is to select the best entries concerning the activity of Coca-Cola (hereinafter “Business Case”). The Competition consists of two independent elements: the Main Competition and Mini Challenges.
2.2 In the Main Competition, the participant can choose one of four thematic areas. After selecting a thematic area, the participant will be given one task. He/she has to submit a solution to the task in the form of a presentation in the English language in the .ppt, .pptx or .pdf format.
2.3 Each of the 4 thematic areas will be assessed independently. One winner will be selected for each thematic area.
2.3 Independently from the Main Competition, 7 Mini Challenges will be published on the competition fanpage www.facebook.com/CocaColaBrandOpener/. Mini Challenges are individual competitions, published in the form of a post, which should be answered in English in a message sent through the Messenger app available on the competition fanpage.
2.4 The best entries will be selected by a commission appointed by the Organiser, composed of persons being the Organiser’s representatives (hereinafter the “Jury”).
2.5 The Competition is conducted in the territory of the Republic of Poland, Republic of Lithuania, Republic of Latvia and Republic of Estonia.
2.6 Participation in the Competition is free of charge and voluntary.
2.9 The Organiser and the Contractor are not liable for incorrect or false data provided by the Participant. Provision of false data deprives the Participant of the right to a Prize.
2.10 The Main Competition lasts from 04.10.2021 10:00 am to 19.11.2021 11:59 pm.
2.12 The Organiser may extend the Main Competition duration and the submission deadline. If that is the case, the Organiser will inform the registered participants thereof by email and publish relevant information on Brand Opener fan page indicated in § 1.2.7.
§ 3. CONDITIONS FOR PARTICIPATION IN THE MAIN COMPETITION
3.1 To enter the Main Competition, the Participant must:
3.1.1 Register on www.brandopener.eu and activate the account by entering the link sent to the email address indicated in the form.
3.1.2 Log in to his/her account on the competition website and upload the competition presentation to the appropriate location by 19 November 2021 11:59 pm.
§ 4. COURSE OF THE MAIN COMPETITION
4.1 Participants may apply for the Main Competition from 04.10.2021 (from 10:00 am) to 19.11.2021 (to 11:59 pm). The Organiser is not liable for Applications that have not reached it for reasons beyond its control, e.g. as a result of failure of the Internet connection or the Participant’s system.
4.2 Following a positive verification of the Application, the Participant will be granted access to the content of the Business Case for the thematic area selected in the application. Participants may upload solutions to the Business Case on their account on www.brandopener.eu upon prior registration and activation of the account, until 19.11.2021 11:59 pm.
4.3 The Business Case Solution must take no more than 10 presentation slides and may not exceed 30 MB in size.
4.4 Participants will be notified of the Competition results by email no later than on 10.12.2021.
4.5 The Jury will select 4 Winners in the Main Competition, 1 for each thematic area, from among Participants who submitted solutions to one of the Business Cases within the aforementioned time limit.
4.6 The Winners of the Competition will be awarded Prizes in accordance with clause 5.1.
§ 5. SELECTING WINNERS AND AWARDING PRIZES IN THE MAIN COMPETITION
5.1 The four Winners in the Main Competition will receive the following prizes: a monetary prize of EUR 1100. In the case of Winners who are residents of the Republic of Poland, the EUR/PLN exchange rate will be additionally applied based on the average exchange rate of the National Bank of Poland (NBP) as at the day on which the final result of the Competition is announced.
5.2 The value of the awarded prize will be increased by an additional monetary prize equivalent to 11.11% of its value. The Winner accepts that the amount of the additional monetary prize is not to be paid out to him/her but will be used to pay the tax due on the prize. The Contractor, as a payer of lump-sum personal income tax, will collect and pay to the competent tax office the lump-sum income tax due on the prize. At the same time, the Winner accepts that if local tax regulations of the Winner’s country of residence impose additional tax obligations on the Winner in connection with the prize, the Winner will fulfil such obligations on his/her own.
5.3 The Participants, including in particular the Winners of the Competition, undertake not to lodge claims against the Organiser on account of the Organiser’s using the Business Case solution and the presentation or on account of not using them or using them to a limited extent.
5.4. The condition for the Winner to receive the prize is to provide the Contractor with the bank account number to which the prize amount is to be transferred, within 14 days of the date when the results are announced. Where the Winner fails to contact the Contractor or provide the Contractor with the bank account number within the time limit assigned, the Organiser may select a new Winner. In addition, the Winner will be obliged to provide data related to filing a tax return resulting from winning the competition, in particular the PESEL (personal identification) No., details of the Winner’s competent tax office and other data required to fill in tax returns.
§ 6. CONDITIONS FOR PARTICIPATION, COURSE OF AND PRIZES IN MINI CHALLENGES
6.1 The Mini Challenges will be organised on the fanpage: www.facebook.com/CocaColaBrandOpener. Each of the 7 Mini Challenges is an independent task.
6.2 In the case of Mini Challenges, sending a solution within the challenge timeframe (as specified in clause 6.3) in a message on the Competition fanpage www.facebook.com/CocaColaBrandOpener/ is tantamount to application. The solution must be in the English language.
6.3 The Mini Challenges will be held in accordance with the following schedule:
– MINI CHALLENGE 1: 17.05. – 28.05.2021
– MINI CHALLENGE 2: 31.05. – 11.06.2021
– MINI CHALLENGE 3: 14.06. – 25.06.2021
– MINI CHALLENGE 4: 05.07. – 16.07.2021
– MINI CHALLENGE 5: 09.08. – 20.08.2021
– MINI CHALLENGE 6: 06.09 – 19.09.2021
-MINI CHALLENGE 7: 04.10 – 15.10.2021
6.4 The Jury will select the Winners of the 1st, 2nd and 3rd place in each Mini Challenge from among the Participants who, in the opinion of the Jury, prepared the best solution to the competition task and submitted it within the relevant time limit.
6.5 Representatives of the agency – the Contractor of the Competition – will contact the Winners through Facebook Messenger to verify the criteria specified in §1, item 1.2.3.
6.6 The Participants will be notified of the results of individual Mini Challenges through the Competition fanpage within 2 weeks of the end of the respective Mini Challenges.
6.7 The prizes for each of the 7 Mini Challenges will be a monetary prize of: EUR
– 1st place – EUR 110
– 2nd place – EUR 65
– 3rd place – EUR 45
In the case of Winners who are residents of the Republic of Poland, the prizes will be exchanged for the following values: PLN 500, PLN 300, PLN 200.
6.8 The value of the awarded prize will be increased by an additional monetary prize equivalent to 11.11% of its value. The Winner accepts that the amount of the additional monetary prize is not to be paid out to him/her but will be used to pay the tax due on the prize. The Organiser, as a payer of lump-sum personal income tax, will collect and pay to the competent tax office the lump-sum income tax due on the prize. At the same time, the Winner accepts that if local tax regulations of the Winner’s country of residence impose additional tax obligations on the Winner in connection with the prize, the Winner will fulfil such obligations on his/her own.
6.9. The condition for the Winner to receive the prize is to provide the Contractor with the bank account number to which the prize amount is to be transferred, within 14 days of the date when the results are announced. Where the Winner fails to contact the Contractor or provide the Contractor with the bank account number within the time limit assigned, the Organiser may select a new Winner. In addition, the Winner will be obliged to provide data related to filing a tax return resulting from winning the competition, in particular the PESEL (personal identification) No., details of the Winner’s competent tax office and other data required to fill in tax returns.
6.10. The prize will be delivered to each of the Winners within 14 days of the same providing the Contractor with the bank account number and the data required to fill in a tax return, as referred to in 5.4. above.
§ 7. USE OF COMPETITION SOLUTIONS, COPYRIGHT
7.1 By entering the Competition, the Participant represents that the solutions to the competition tasks (Main Competition and Mini Challenges) and the presentation sent by him/her are owned by him/her and do not infringe on rights of third parties or applicable legal provisions, and that they are new and original and have not been published anywhere else before.
7.2 The Participant declares that he/she assumes full and unlimited liability on account of third-party claims lodged against the Organiser or Contractor in case of lack of rights to the Main Competition and Mini Challenges solutions or presentations sent by him/her or infringement of copyright and/or personal rights of third parties.
7.3 The Participant represents that:
7.3.1 he/she has read the Terms and Conditions of the Competition and accepts all provisions thereof;
7.3.2 the data provided in the Application for the Competition are true and the processing of such data by the Organiser or Contractor will be lawful and will not violate law or any rights of third parties;
7.3.3 he/she holds the rights to the submitted solutions to the Main Competition and Mini Challenges
7.3.4 he/she grants the Organiser a licence, unlimited in time and territory, to store the solutions to the Main Competition and Mini Challenges and the presentations, and to use and dispose of them for the following purposes: in all information, promotional and advertising activities related to the Competition, which may include, in particular, producing and distributing paper publications (including catalogues) and CDs with the solutions and presentations; public exhibitions, shows and public presentations; making them available to the public on websites and in other networks, including mobile telephony, public display, playback, broadcasting and rebroadcasting of programmes, videos and presentations about the Competition; publishing them in the press in connection with informing the public about the Competition; for training and museum-related purposes, including presentation as part of training sessions and lectures, as well as exhibiting publicly and presenting in exhibition halls, making them available in catalogues and archives, together with the right to use any fragments of the solutions and presentations and make changes to them that follow from editorial development or are necessary for information and promotion purposes regarding the Competition, as well as juxtaposing them with other materials;
7.3.5 he/she grants the Organiser the right to use the solutions to the Main Competition and Mini Challenges and to present them in all known fields of exploitation: fixation, reproduction with a specific technique, marketing, storing in computer memory, public performance or playback, exhibition, display, rental, lease, broadcasting by means of wired or wireless vision or audio through a ground station, broadcasting by means of satellite, simultaneous and integral broadcasting of a work broadcast by another radio or television organisation, including in particular: fixation (recording) in all available forms (photography, audio, video) – reproduction on any sound and image carriers – storing in computer memory – making them available to the public in such a way that everyone can access them at a place and time of his or her choice, including over the Internet, public performance, public display, wireless, wired, satellite broadcasting, as well as rebroadcasting and retransmission. The licence is granted for an indefinite period, in exchange for the possibility to participate in the Competition;
7.4 The Participants are liable for the truthfulness of the aforementioned representations.
7.5. By applying for the Competition, the Participants transfer to the Organiser all their copyrights to the submitted solutions to the Main Competition and Mini Challenges.
7.6 By joining the Competition, the Participants consent to the use of their image for the purposes of organising the Competition, in particular for the purposes of promoting the Competition. Giving the consent means that photographs, videos or recordings made during events accompanying the Competition in which the Participants may participate will be published on the Organiser’s and Contractor’s websites and used in promotional materials and publications used to promote the Competition or in mass media. I hereby waive all (existing and future) claims, including a claim for remuneration, against the Organiser of the Competition, the Contractor and persons and entities authorised by these entities to process my personal data and use my image / voice / statements for the purposes of appropriate organisation, and in particular promotion of the Competition. I hereby waive all (existing and future) claims, including a claim for remuneration, against the Organiser of the Competition, the Contractor and persons and entities authorised by these entities to process my personal data and use my image / voice / statements for the purposes of appropriately organising and especially promoting the Competition.
§ 8. APPEAL PROCEDURE
8.1 The Participant is entitled to submit an appeal against the decision of the Jury in writing within 7 days of being informed about the results of the Competition to the Organiser’s address. Appeals submitted after the lapse of this time limit will not be considered. An appeal must contain: the first name, the surname, the precise address of the Participant, the reason for the complaint with a justification.
8.2 An effectively submitted appeal will be considered within 5 days of its receipt by the Organiser. The Organiser will notify the appellant in writing about the result of the appeal procedure.
8.3 To all matters concerning the Competition and not governed by the Terms and Conditions the provisions of law of the country from which the application originates will apply.
8.4 Any disputes between the Participants and the Organiser or the Contractor will be settled by way of negotiation, and if no agreement is reached in such a way, they will be settled by the common court competent for the Organiser’s registered office.
§ 9. PERSONAL DATA
9.1 The Organiser is the controller of the personal data made available by the Participants of the Competition.
9.3 The Participants are obliged to inform he Organiser about any changes in the personal data provided in connection with the Competition.
9.4 If a Participant refuses to provide the data, the Organiser will have the right to exclude him/her from the Competition and refuse to issue the Prize to him/her.
§ 10. FINAL PROVISIONS
10.1 The Terms and Conditions will be available during the Competition at the Organiser’s registered office and on http://www.brandopener.eu.
10.2 An abbreviated description of Competition organisation rules may be published on the Organiser’s websites or in advertising or promotional materials. All contents included in advertising and promotional materials are provided for information purposes only. Only the provisions of these Terms and Conditions and the applicable legal provisions have a legal effect.
10.3 If the Participant breaches any provision of the Terms and Conditions, the Organiser may exclude him/her from the Competition and/or deprive him/her of the right to the Prize.
10.4 These Terms and Conditions become effective on the day of Competition announcement.