Competition

COMPETITION RULES for Instagram users @ ph.doctor_dermocosmetics

§ 1. Introductory provisions

These Regulations define the rules of participation in the Ph.Doctor competition organized from 19/04/2022 to 19/05/2022 (hereinafter referred to as the "Competition").
The organizer of of the Competition is Ph Doctor N&D Wiśniewscy spółka komandytowo-akcyjna with its registered office: 07-200 Wyszków, ul. F. Chopin 13 / U2, entered into the Register of Entrepreneurs kept by the District Court in Białystok, 12th Department of the National Court Register under the number KRS 0000951237, REGON 388686123, NIP 7622012301,
Address for correspondence in matters relating to the Competition: ul. Wał Miedzeszyński 630, 03-994 Warsaw,
E-mail: reklamacja@phdoctorlab.pl,
Online store: www.phdoctorlab.pl.
Information about the competition: https://phdoctorlab.pl/pages/konkurs .
The entity solely responsible for conducting the Contest is the Organizer.
The competition will be announced on the Online Store website, Instagram profile instagram.com/ph.doctor_dermocosmetics and TikTok www.tiktok.com/@ph.doctor_dermocosmetics .
The competition is conducted on the terms described in these Regulations, in accordance with
with generally applicable law.
The competition is not a game of chance within the meaning of the Gambling Act of 19 November 2009 (i.e. Journal of Laws of 2020, item 2094, of 2021, item 802, 815).

§ 2. Duration of the Competition

The competition starts on on April 19, 2022 at 10:00 and will end on on May 19, 2022 at 23:59 (hereinafter: "Contest Timeframe").
Responses to the competition task referred to in § 4 section 1 of the Regulations, should be sent by May 17, 2022, by 23:59 .
Winners will be selected by on May 19, 2022.

§ 3. Conditions for participation in the Competition

Participation in the Competition and the related disclosure of data is completely voluntary. A person who entered the Competition and met the conditions contained in the Regulations (hereinafter the "Participant") is bound by the terms of these Regulations.
It is the responsibility of each Participant to read the Regulations and the Information Clause from § 9 of the Regulations before participating in the Competition and complying with its rules. If the Organizer finds that the provisions of the Regulations have been violated, the Organizer has the right to exclude from the Competition the Participant who has violated the Regulations.
Joining the Competition is tantamount to:
1. reading and accepting the provisions of the Regulations containing consent to the use of the Participant's image and its data on the terms set out in the Regulations, including § 9 and to grant licenses and consents in accordance with § 8,
2. commitment to comply with the Regulations as well as a declaration of compliance with the conditions for participation in the Competition and performance of the Competition Task in accordance with the Regulations.
The Competition is open to:
1. natural persons residing in the territory of the Republic of Poland, who are eighteen years of age and have full legal capacity,
2. natural persons with a public account / profile on the Instagram social platform, established and maintained in accordance with the Instagram regulations ("Profile"). The data contained in the profile must be true and true,
3. people who meet the conditions together with lit. 1. and 2. which:
- in the period from 19/04/2022 to 03/05/2022purchase any cosmetic or cosmetics as well as a product or products marked with "Zero Waste" (Organizer's Products) in the Online Store for any amount on the phdoctorlabpl ,
- will correctly complete the Competition task described in § 4 of the Regulations.
It is not allowed to create accounts and submit entries on behalf of third parties.
The Organizer's employees and their spouses, ascendants, descendants, siblings, adoptive parents and adopters cannot participate in the Competition.
The condition for effective participation in the Competition and applying for the Prize is: getting acquainted with the provisions of the Regulations and the Information Clause regarding the processing of personal data before starting the Competition Task.
Participation in the Competition and the related provision of personal data is completely voluntary and free of charge.
By joining the Competition, the Participant voluntarily agrees to the processing of personal data by the Administrator, i.e. name and surname and name of the Instagram profile, place of residence, e-mail address from which the purchase was made, telephone number, other personal data contained in Competition Task.
in the case of the Winner, in addition to the personal data listed in point (a). 9., additionally: PESEL identifier in order to verify the Participant's legal age and fulfillment of tax obligations.
By joining the Competition, the Participant voluntarily agrees to the processing of personal data by the Administrator, i.e. data confirming the fulfillment of the conditions for participation in the Competition and data necessary to award and issue the Prize in order to enable participation in the Competition, its organization, conduct and decisions in accordance with the Regulations, including the disclosure of the data of the Award Winners, as well as consideration of the Participants' complaints.

§4. Competition task and the course of the Competition

The Competition Task is the total fulfillment by the Participant of the following conditions:

fulfillment of the conditions specified in § 3. sec. 1 - 4 and 7 - 9 of the Regulations,
making a purchase of Organizer's Products (any cosmetic or cosmetics together with a product or "Zero Waste" products) on the website www.phdoctorlab.pl for any amount from 19/04/2022 to 03/05/2022 and not making them returning or not withdrawing from the transaction referred to in connection with the application for participation in the Competition,
from 19/04/2022 to 17/05/2022. Participant:

will make and publish on his Instagram an original post / original roll using the product / products "Zero Waste" Ph.Doctor Dermocosmetics,
will mark the profile @ ph.doctor_dermocosmetics, use the hashtag #zerowastePhDoctor,
will mark two people who will observe the @ ph.doctor_dermocosmetics profile (necessary condition),

profile where the post is posted / roll is published must be public,
may use any film, music or photos to which it owns the copyright in the contest post / reel.
The Competition Task should meet the following conditions jointly:

The Participant has the exclusive copyrights to the Competition Task,
must be related to the subject of the Competition,
must be legal,
cannot infringe personal or third party rights,
should have unique content, created by the Participant specifically for the purposes of the Competition.The Competition Task may not be published on other websites or submitted to other competitions,

The Competition Task may not infringe the rights of third parties, including copyright or trademark rights, in particular, it may not constitute a study within the meaning of the Act of February 4, 1994 on copyright and related rights (i.e. Journal of Laws of 2021, item 1062, of 2022, item 655), contain trademarks, logos, industrial designs and other indications constituting intellectual property.
Upon publication of the Competition Task, the Participant declares that the Competition Task does not contain content that violates the law or is inconsistent with decency, does not incite violence, intolerance, does not contain profanity or advertising content of third parties.
The Competition Task, which will contain content inconsistent with the Regulations or the law and / or decency and / or the Instagram Regulations, will be removed from the Competition.
The Jury will evaluate the Competition Task, taking into account in particular their originality, creativity and creativity, and will select:

One winning Competition Task that will be awarded the Grand Prize,
The second Competition Task which will be awarded with the 2nd Prize,
The third Competition Task which will be awarded the 3rd Prize.

By submitting a Competition Task to the Competition, the Participant agrees to publish it on the Competition website phdoctorlab.pl and / or Instagram ( www.instagram.com/ph.doctor_dermocosmetics ) and TikTok ( www.tiktok.com/@ph.doctor_dermocosmetics ), use of the Competition Task in marketing and promotional communication of the Organizer, its brands and products, including on the Organiser's websites and social media profiles.

§ 5. Competition jury and Organizer's rights

The Organizer will appoint a Competition Commission (hereinafter: "Jury") to ensure the proper organization and conduct of the Competition, in particular to assess the correctness of entries to the Competition and to select the Competition Winners. The Committee will consist of 3 people indicated by the Organizer.
The Organizer reserves the right to exclude from participation in the Competition Participants who do not meet the conditions for participation in the Competition, their actions are against the law, decency or the Regulations, in particular Participants who:

are not operated in person, but through third parties,
use different aliases (additional Profiles, including fictitious accounts) to act on behalf of / report different Participants,
are underage of age.

In order to clarify any doubts related to the Participant's activity in the Competition, the Organizer may contact the Participant using the methods of communication provided by him (e.g. conduct e-mail correspondence); during such contact, the Organizer may expect the Participant to provide detailed information regarding his participation in the Competition.

§ 6. Rewards

The competition provides:

One Main Prize: Dior travel beautician plus a set of 10 Ph.Doctor Dermocosmetics cosmetics with a market value of approximately PLN 10,000.00,
Second Prize: Dior mobile phone bag plus a set of 10 Ph.Doctor Dermocosmetics cosmetics with a market value of approximately PLN 5,000.00,
Third Prize: Dior beautician plus a set of 10 Ph.Doctor Dermocosmetics cosmetics with a market value of approximately PLN 3,500.00.

The winners are informed about the awarding of the Prizes via a private message on Instagram on May 19, 2022, at 23:59.
The winners are obliged to send, via a private message on Instagram or to the e-mail address of the Competition , within 7 days of receiving the message informing about the win in accordance with §6 section 2 of the Regulations, the information necessary in the purpose of issuing the Prize and fulfilling tax obligations by the Organizer, i.e. name and surname, address of residence, contact telephone number and indicate the address to which the Prize is to be sent, if different from the address indicated, as well as PESEL ID and proof of purchase of Organizer's Products from April 19, 2022 at 10:00 to May 3, 2022, 23:59 (e.g. order number or e-mail received from Ph.Doctor with order confirmation).
The Organizer has the right to verify the Winners' personal data at the time of issuing the Prize, in order to establish their legal age, identify the Winner, including prior to issuing the Prize, the Winner may be required to present an appropriate ID.
The Winner loses the right to the Prize if:

is not an adult or has not met other conditions for participation in the Competition,
failed to meet all or part of the Competition Task described in the provision of § 4 sec. 1. of the Regulations,
He did not meet the deadline specified in sec. 3 above or fails to provide the correct address for communication or data referred to in section 4, making it impossible for the Organizer to meet the tax obligations, in which case the Prize remains at the sole disposal of the Organizer.

Payment of due taxes from the Awards specified in §6 sec. 1 of these Regulations belongs to the Organizer.
In accordance with the applicable provisions of law regarding prizes related to winning the Competition and the obligation to pay personal income tax, the Organizer will grant the Competition Winners an additional cash prize to cover the said tax. The amount of this additional award corresponds to the amount of tax charged to the Winner of this Award (grossed up), i.e. the equivalent of 11.1111% of the value of the Grand Prize or the Second Prize, or the Third Prize, intended for the payment of tax on this Prize and the additional cash prize. Prior to issuing such Awards, the Promoter will collect Personal Income Tax from the Winner of the Grand Prize, Second Prize, or Third Prize, as required by law. Tax collection will be made by deducting the tax from the additional prize money mentioned above. The Competition Winner undertakes to provide the Organizer with the data necessary to settle the tax on the Prize.

§ 7. Complaints

Each Participant has the right to file a complaint during the Competition Period and after its end.
Complaints should be submitted by letter to the Organiser's address or by e-mail to the following e-mail address: reklamacja@phdoctorlab.pl. The complaint should include the name, surname, address of the person submitting the complaint and a description of the reasons or reasons for the complaint, as well as the expected method of its consideration.
Complaints will be considered by the Organizer within 14 (say: fourteen) working days from the date of their receipt. The Participant will be informed about the Organizer's decision by e-mail or registered mail sent to the address provided in the complaint.
Complaints will be considered by the complaint committee appointed by the Organizer.

§ 8. Intellectual property rights to Works

The Participant, upon sending the Competition Task, also declares that he is the sole creator of the Competition Task within the meaning of the Act of February 4, 1994.on copyright and related rights (i.e. Journal of Laws of 2021, item 1062, of 2022, item 655) and that he is entitled to full proprietary copyrights to the Competition Task.
The Organizer, in exchange for the right to participate in the Competition, acquires from the Participant the right to use, on a non-exclusive license, the Competition Tasks submitted by the Participant as part of the Competition, which are works within the meaning of the Act of February 4, 1994 on copyright and rights related (i.e. Journal of Laws of 2021, item 1062, of 2022, item 655) in order to conduct the Competition and in the fields of use indicated below in section 3.
The organizer, acting pursuant to Art. 921 § 3 of the Act of April 23, 1964, the Civil Code (i.e. Journal of Laws of 2020, items 1740, 2320, of 2021, items 1509, 2459), stipulates that when the Winner's Award is issued, acquires full rights, including proprietary copyrights and subsidiary rights, to the awarded Competition Tasks constituting a work, in all the fields of exploitation listed in Art. 50 of the Act of February 4, 1994 on copyright and related rights (i.e. Journal of Laws of 2021, item 1062, of 2022, item 655), without any territorial or quantitative restrictions, in particular covers the following fields of use:
1. in the scope of recording and reproducing the work and its elaborations - production by any technique, including printing, reprographic, magnetic recording and digital technique,
2. within the scope of trade in the originals of the work and its studies or copies on which the work was recorded - marketing, lending or renting the original or copies,
3. in the scope of disseminating the work and its studies in a manner other than described in point a) or b) - public performance, exhibition, display, reproduction, public disclosure of the work in such a way that everyone can have access to it at a place and time chosen by them, broadcasting via terrestrial TV stations, including via satellite, multiplex, rebroadcasting, distribution in the press, on the Internet, on posters, including large-format posters and in all other forms of communication, promotion, advertising, labeling and production items,
4. in the scope of anonymous dissemination of the work, in terms of deciding on its first public release and exercising supervision over the way the work is used,
5. use in all forms of communication, promotion or advertising, in particular as advertising or promotional material, as an element of advertising or promotional materials, such as press announcements, external advertisements, advertising films, radio advertisements, POS materials, distribution on the Internet , registered as a trademark,
6. operation on the Internet, on websites, social networks, such as Facebook, Instagram, YouTube, etc., for a fee or free of charge, on request, via telephone or satellite, wired or wireless lines, digital or analog techniques,
7. the right to perform and use studies of the awarded Competition Task, including answers to the competition question, photos, compilation with other Competition Tasks, answers and photos, sharing the content of the Competition Task,
8. in terms of making any changes and modifications to the work - making these changes or modifications in whole or in part, and making its developments in whole or in part, including making alterations, any changes and adapting all or individual parts of the work.
Winner:
1. authorizes the Organizer to decide on the marking, method of marking or not marking the Competition Task and to apply on its behalf for the protection of moral rights,
2. undertakes not to perform personal copyrights to the Organizer and entities authorized by the Organizer to use the Competition Task,
3. agrees and grants the Organizer the exclusive right to exercise and allow third parties to exercise copyright dependent on the Competition Task and its studies, to the extent justified by the use of the Competition Task in the fields of use specified in this paragraph, including modification of the Competition Task , combining it with other works, transferring it to other entities for modification,
4. allows the Organizer not to mark the work with his name, surname or pseudonym and to share it anonymously
The Participant declares that he has read the purpose specified in the Regulations for which the awarded Competition Tasks will be used and that he agrees to such use of the Competition Tasks by the Organizer. If necessary, the Winner, at the Organiser's request, will sign appropriate declarations or agreements confirming the transfer of copyright to the awarded Tasks.
Due to the fact that participation in the Competition may result in granting the Participant a Prize on the terms described in the Regulations, no additional remuneration is due for granting a license, granting consent or transferring rights.
If the Competition Task contains the image of the Participant, the Participant agrees to the free use, use and dissemination by the Organizer of his image, recorded in the form of the Competition Task and the name of his profile on Instagram. For the purposes of the Competition, the image may be used for various forms of electronic processing, framing and composition, as well as juxtaposed with the images of other people, it may be supplemented with an accompanying commentary. This consent to use the image covers all forms of publication, in particular distribution on the Internet (including the Organizer's websites and social networks Facebook, Instagram, Tik Tok, Twitter, YouTube, etc.) and inclusion in promotional and informational materials. By taking part in the Competition, the Participant declares that he has the right to use the image of people appearing on the Competition Task in the scope covered by the Regulations and grants consent to use this image on the terms set out in § 8.
The consent referred to in sec. 6-7 above is free, not limited in quantity, time or territory.
In the event of third parties with any claims related to the Competition Tasks, the Participant undertakes to release the Organizer from any obligations arising in this way and to satisfy himself claims of third parties.

§ 9. Personal data

The administrator of personal data collected from Participants and Winners is the Organizer Ph Doctor N&D Wiśniewscy spółka komandytowo-akcyjna with its registered office at: 07-200 Wyszków, ul. F. Chopin, 13th place u2.
In matters related to personal data, the Participant may contact the following e-mail address: reklamacja@phdoctorlab.pl .
Personal data of Participants and Winners will be processed:
1. for the purposes necessary for communication with the Competition Participant related to his participation in the Competition, issuing the Prize, publishing information about the Winner and his Competition Task, opinions and photos, and considering complaints submitted by the Competition Participant - the legal basis for the processing of personal data is the consent of Art. 6 sec. 1lit. a) GDPR expressed through a clear confirming action - starting the implementation of the Competition,
2. for the purposes necessary to fulfill the legal obligations incumbent on the Organizer on the basis of generally applicable laws, including tax and accounting regulations - tax settlements - the legal basis for the processing of personal data is art. 6 sec. 1 lit. c) GDPR,
3. in order to implement the legitimate interest of the Organizer, which is: possible determination or pursuit of claims or defense against claims, implementation of promotional and marketing purposes, as well as promotion of the services offered, research, analysis and statistics - the legal basis for the processing of personal data is art. 6 sec. 1 lit. f) GDPR.
The recipients of the personal data of the Participants and Winners will be:
1. authorized employees of the Organizer,
2. Service providers entrusted by contract with the processing of Personal Data for the purposes of providing services provided by the Organizer or for the Organizer. These are in particular entities (and their authorized employees) providing IT and technical services, research, analysis and statistics services, entities organizing marketing campaigns. These entities act on behalf of the Organizer to the extent necessary for the proper performance of the services entrusted to them,
3. Entities authorized to receive Personal Data on the basis of legal provisions,
4. Service providers supplying the Organizer with technical, organizational and management solutions related to the Organizer's company (in particular accounting, banks, courier and postal companies participating in the implementation of the Awards),
5. Providers of legal and advisory services and supporting the Organizer in pursuing due claims and defending its rights (in particular law and tax offices),
6. Users of the Instagram website who follow the Organiser's profile and the Organiser's website and social media users - in terms of information about the Competition Winners.
Personal data of the Competition Participant and the Winner will be stored:
1. for the duration of the Competition, and after that for the period of limitation of any claims - as a rule, not longer than 6 years,
2. in the case of data processing for the purposes of legitimate interests - until the Competition Participant objects to the processing of personal data in this regard, but in principle not longer than 6 years,
3. in the case of data processing for the purposes necessary to fulfill legal obligations in the field of tax law and accounting for the period specified in the law, as a rule not longer than 6 years,
4. until consent is withdrawn.
Personal data of the Competition Participants and the Winners will not be profiled. The Competition Organizer will not transfer the Competition Participant's personal data to third countries, subject to the provisions of the Instagram Privacy Policy.
The Participant / Winner has the following rights:
1. requesting access to your personal data, to obtain a copy of your data, as well as requesting rectification, limitation of their processing or their removal under the conditions resulting from the GDPR,
2. to the extent that the basis for the processing of personal data is consent - withdrawal at any time of the consent previously given, with the proviso that the withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal,
3. to the extent that the basis for the processing of personal data is the premise of a legitimate interest - objecting to the processing of personal data,
4. to the extent that the basis for the processing of personal data is the performance of the contract or consent - transfer of personal data, i.e. the right to receive personal data in a structured, commonly used, machine-readable format and send them to another administrator, if it is technically possible.
If the Participant considers that the processing of your data violates the provisions of generally applicable law, including the GDPR, you also have the right to lodge a complaint with the competent supervisory authority, which is the President of the Personal Data Protection Office with its seat at ul. Stawki 2, 00-193 Warsaw.
Providing personal data is voluntary and results from the rules of the competition. Failure to provide the data will result in the inability to participate in the Competition or receive the Prize. The consent to the processing of personal data is voluntary, but necessary to participate in the Competition and receive information about the Prize won in the Competition; Participant's data will be processed only in connection with the Participant's participation in the Competition, communication on the basis of the provided data will only take place in connection with the Participant's participation in the Competition and to the extent specified in the Regulations.
The Organizer makes special efforts to protect the privacy and information about the Participants and the Winner and, with due diligence, selects and applies appropriate technical measures, including organizational and programming measures, which allow for the protection of the processed data [in particular, protects the data against their disclosure, destruction, loss and disclosure to unauthorized persons, as well as unauthorized modification and processing in violation of applicable law].

§ 10. Final provisions

The Regulations are available during the Competition Duration on the Competition - Ph.Doctor website (phdoctorlab.pl) , on the Organiser's profile.
Any information about the Competition contained in any promotional and advertising materials is for reference only. The provisions of the Regulations are binding information.
All information about the Competition can be obtained by contacting the Organizer via "private messages" via the Instagram profile available at: instagram.com/ph.doctor_dermocosmetics or by e-mail at: complaint @ phdoctorlab.pl .