TERMS AND CONDITIONS OF ‘International Creative Competition Samarité 2021’

1. General provisions

1.1. The Organizer of the competition ‘International Creative Competition Samarité 2021’ is Zeme Pharm Anna Mrowińska with its registered office in Warsaw, Poland Al. Jana Ch. Szucha 3/2, 00-580, REGON 30028148 NIP: 9680876255, hereinafter referred to as ‘the Competition Organizer’, or ‘The Organizer’
1.2. The competition begins at 10:00 a.m. CEST on 26.04.2021
1.3. The opening date for submitting works is 10:00 a.m. CEST on 26.04.2021 – and it closes 11:59 p.m. CEST on 19.05.2021
1.4. The place of the competition is the territory: The world
1.5. The applicable law is Polish law.
1.6. These Terms and Conditions specify the general rules under which the Competition takes place.
1.7. Terms used in herein terms and conditions have the following meaning:
1.7.1 The website – The official site of Samarité brand at www.samarite.eu.
1.7.2 Terms and conditions of The Competition – these Terms and Conditions, available at the seat of the Organizer and at www.samarite.eu
1.7.3 The Competition – The competition described in these Terms and Conditions, named ‘International Creative Competition Samarité 2021’
1.7.4 Competition entry – Designing by the Participant creative graphics according to the technique and method of execution, which is the interpretation of one of the presented entries: Feel the magic – astrology, or Angels in the Secret Forest, which will become a visual identification of the Samarité brand;
1.7.5 The Participant – A user who meets the criteria and applies to the Competition;
1.7.6 The Prize, The Main Prize – The Organizer provides two Prizes of a total value of 2,000.00 USD – 1,000.00 USD for The Competition entry on ‘Feel the magic – astrology’ and 1,000.00 USD for The Competition entry on ‘Angels in the Secret Forest’, and use of said entry in online and printed marketing materials, stating the name of the author; The payment or shipment of the Prize is contingent on the previous, proper hand signature on the attachment by the Winner and sending it to the Organizer in accordance with the provisions of Terms and Conditions;
1.7.7 Consolations Prizes – Three prizes in the form of Samarité cosmetics sets of estimated value $200.00 USD each, for three featured Competition Entries Feel the magic – astrology, and/or Angels in the Secret Forest.
1.7.8 Feel the magic – astrology – an entry, that forms the basis for performance of the Competition entry inspired by magic, space, zodiac signs, tarot etc. The aim of the work is to support communication of the care brand – with particular emphasis of the fact that environment if the Samarité brand is the forest;
1.7.9 Angels in the Secret Forest – an entry, that forms the basis for performance of the Competition entry inspired by angels, their hair, forest, fern, the mysterious garden;
1.7.10 Technique – The method of execution the Competition entry that is allowed by the Organizer, that is digital drawing/illustration/collage
1.7.11 Result – information on the results of the Competition published at the latest on 21st May at 10:00 a.m. CEST at www.samarite.eu and on social media Instagram/@samariteoriginal and Facebook/@Samarité, of the Organizer indicating the Winners of the Competition
1.7.12 Work – a work created by the Participant in accordance to the premises of the Competition stated in these Terms and Conditions, being the original work, not subject to any rights of third parties, not affecting in any way the rights of the third parties or the applicable laws. In the event that a third party makes any claims relating to the Work, in particular concerning its authorship, the Participant is obliged to take all measures to exempt the Organizer from responsibility, and to redress of any damage caused by that;
1.7.13 Fields of exploitation – The ways in which the Competition Organizer uses the work, as indicated in the Annex;
1.7.14 The Winner of the Competition – Participant, who having met all formal and artistic requirements, has won the Competition, namely has been designated as a Winner by the Competition Committee and is entitled to receive alternatively one of the main prizes following a close-up with the Organizer of the Agreement annexed to the Terms and Conditions; The Organizer reserves the right not to select the Winner in the event of failure to perform satisfactory competition work as stated by the Organizer, in particular if points 1.7.8.and/or 1.7.9 on these Terms and Conditions are not fulfilled
1.7.15 Consolation Award Winner – Participant, whose work has been selected by the Competition Committee will be awarded with a Consolation Prize
1.7.16 Annex 1 – A model of Agreement for the transfer of copyrights to a Work by the Winner to the Organizer, which correctly concluded, namely the correct, handwritten signature and sending by the Winner to the Organizer constitute grounds for payment or shipment of the Prize; Annexed to the Terms and Conditions
1.7.17 The method of execution – The method of execution the Competition entry by a Participant required by the Organizer, namely:
– Drawing, illustration, or collage
– A graphic, digital file, format: JPG up to 1MG
– Winning works: opened file in PSD, AI, or IDD
– Graphics dimensions: raster graphics min. 30×30 cm, 300 dpi; vector graphics format min. 30×30 cm; orientation: square, sent on e-mail address art@samarite.eu.

2. Rules for participation in the Competition

2.1. Only natural persons with full legal capacity may participate in the Competition
2.2. The Competition participants may not be employees or representatives of the Organizer and members of their families to the second degree of their relationship, and other entities directly involved in the preparation and conduct of the Competition on behalf of the Organizer.
2.3. The Competition can be entered any numbers of times
2.4. Regardless of the number of entries submitted, the same person can only win the prize once.
2.5. The Competition may be entered in person only.
2.6. By entering the Competition, the Participant declares that they meet the criteria which entitle them to take part in the Competition, and accepts the conditions of these Terms and Conditions as well as agrees to publish on the Organizer’s profiles and website the winning Work and their name and surname, or a pseudonym in the event of winning.
2.7. The Organizer reserves the right not to accept entries in the Competition which have not reached it in due time, due to reasons beyond its control, e.g. due to the failure of internet connections or the Competition Participant’s system.

3. Participant’s task

3.1. Participant’s task is to prepare the Competition entry being a Work, and submit it to the Organizer in accordance with the way of submitting a Competition entry
3.2. A Competition entry must not contain vulgar terms, offensive content or content that is contrary to good morals, and applicable laws.

4. Rules of awarding the Prize to the Winners

4.1. The Organizer will appoint a Competition Committee, which will consist of two representatives of the Organizer (hereinafter referred to as ‘Competition Committee). The task of the Competition Committee will be to ensure that the proceedings are conducted as well as, to make decisions on matters in which there are doubts about the Competition, including the interpretation of these Terms and Conditions on a regular basis.
4.2. The Organizer, basing on the Work submitted by the Competition Participants, will select 2 persons who will receive the Main Prizes, and 3 persons who will receive the Consolation Prizes. The winners of the Competition and the Prizes will be selected by the Competition Committee, which will take into account the creativity and artistic creativity of the participants, the formal conditions, the objectives of the Organizer’s brand.
4.3. The winners of the Competition and the Consolation Prizes will be informed of the winning via email address given when submitting the Competition entry together with the form necessary for completion. The e-mail address will be the basis for the Organizer to carry out correspondence with the Participant related to the Competition winning. The Winner of the Competition and the Prize of consolation is required to submit a work to the Organizer in accordance with the way in which the winning Work should be submitted.
4.4. Upon receiving information on the winning Competition, the Competition Winner and the consolation Prize is obliged to submit a form received by e-mail in accordance with point 4.3 to the Organizer, without delay within 7 days.
4.5. Upon receiving the form referred to in point 4.4 the Organizer will send the Competition Winners immediately, not later than 7 days, an e-mail with the completed Attachment. The Winner of the Competition is obliged to print the Attachment in two copies and to sign both of them, as well as to send both copies at their own expense to the Organizer’s address by registered mail or mail courier to the address: Zeme Pharm Anna Mrowińska, Aleja Jana Ch. Szucha 3/2, 00-580 Warsaw, Poland. The Organizer upon receiving the correctly filled Annex with a handwritten signature, will sign one of two copies and send it back at their own expense to the address indicated on the registered mail (or mail courier) by the Winner, And will send the Winner a Prize, which has been awarded to them by the Competition Committee for Competition entry, within 7 days. The Organizer reserves the right to charge the Participant the fee for converting the Main Prize amount into the account holder’s currency.
4.6. Point 4.5 does not apply to the consolation Prize Winners.
4.7. Prizes in the Competition cannot be converted into any equivalent
4.8. In the event that the Winner does not sign an Annex to the Competition, within the time limits set out in point 4.5. these Terms and Conditions, the withdrawal of the Prize, the loss of the right to the Prize, the non-award of the Prize or the failure of the Winner to award the Prize to the Competition and/or the consolation Prize Winner, The Prize is awarded to the next Participant selected by the Competition Committee.
4.9. The Winner of the Competition and the consolation Prize Winner may not transfer their right to receive the Prize to a third party.
4.10. The Organizer reserves the right to award Main Prizes and/or Consolation Prizes not only, namely If the competition entries fail to meet sufficient requirements to establish that it satisfies the Organizer’s expectations, in particular, they do not comply with points 1.7.7. and/or 1.7.8., the Competition Committee may only award Consolation or Main Prizes.

5. Complaint proceedings

5.1. Any claim regarding the manner in which the Competition is to be conducted may be made by Participants either electronically or in writing.
5.2. The claim should include: The name and full address of the Participant as well as a detailed description and reason for the claim. Electronic claims must be submitted to: customercare@samarite.eu titled Claim: Competition “International Creative Competition Samarité 2021”. A written complaint should be submitted to the address Zeme Pharm Al. Jana Sucha 3/2 00-580 Warsaw, Poland.
5.3. Claims will be processed within 7 days of their receipt by the Organizer
5.4. Complaints will be considered under these Terms and Conditions
5.5. The participant will be notified of the decision by registered letter sent to the address given in the complaint within 7 days of the date on which the complaint was handled. Reply to electronic complaint is sent to e-mail address provided by the User in the claim.

6. Processing of personal data

6.1. Personal data provided by the Competition Participants are protected as Personal data within the meaning of Regulation (EU) of the European Parliament and of the Council 2016/679 from 27th April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/WE (hereinafter RODO).
6.2. The Administrator of personal data provided by the Participants is Anna Mrowińska who runs a business activity under the name ‘Zeme Pharm’ based in Warsaw, al. Jana Ch. Szucha 3/2, 00-580 REGON 30028148 NIP: 9680876255.
6.3. Any questions regarding the processing of your personal information, should be sent to a dedicated email address: anna.mrowinska@zemepharm.com You can also send us a message, request or demand to our mailing address: Al. Jana Ch. Szucha 3/2, 00 – 580 Warsaw
6.4. The administrator will process the data for the Competition in the form of: The profile name on Instagram and the image, and for the Winners, the name, address of residence, telephone number.
6.5. The administrator will process the personal data of the Competition Participant for the following purposes:
6.5.1. Conducting the Competition, determining the right to Prizes, granting them, passing them onto the Competition Winners, publishing the results of the Competition – Article 6(1)(a) RODO (Consent given in the form of a clear confirmation of participation in the Competition, providing data for the purpose of sending the prize)
6.5.2. Handling complaints – Article 6(1)(c) RODO fulfillment of the legal obligation of the Administrator
6.5.3. Possible redress – Article 6(1)(f) RODO legitimate interest (recovery/defense of claims)
6.5.4. The fulfillment of the tax obligations related to the award of prizes, running the Competition – Article 6(1)(c) RODO to fulfill the legal obligation incumbent on the Administrator;
6.5.5. Research, analysis, statistics – Article 6(1)(f) RODO a legitimate interest (market investigation, consumer needs, product demand)
6.6. The recipients of the personal data of the Participants in the Competition may be entities providing our accounting services, IT services, IT outsourcing, website and mail hosting, server delivery, contest organization and promotion, prize shipping, and legal entities.
6.7. In connection with the processing of personal data, the following rights shall be granted to the Competition Participant:
6.7.1. The right to withdraw consent to the processing of data at any time – In such case, however, the Administrator informs the Competition Organizer that it will not be possible for the Administrator to perform their duties, including in particular to enable the Participant to take part in it to obtain a prize;
6.7.2. The right of access and the right to request rectification, erasure or restriction of processing of personal data
6.7.3. The right to object to processing based on a legitimate interest
6.7.4. The right to transfer data in accordance with the rules stated in the RODO;
6.7.5. The right to lodge a complaint with the supervisory authority (President of the Office for the Protection of Personal Data)
6.8. Personal data will be processed throughout the entire Competition’s organization and conduct, and thereafter:
6.8.1. Regarding personal data processed under consent – until such time as the Competition Participant has revoked it,
6.8.2. Regarding personal data processed on the basis of a legitimate interest by the Administrator – until the Competition Participant objects to the processing of personal data
6.8.3. Regarding personal data processed in the event of the recovery of possible claims until the dispute is settled, taking into account the relevant limitation periods for claims,
6.8.4. Regarding personal data processed for the purpose of handling complaints – pending the outcome of the complaint
6.8.5. Regarding personal data for the performance of tax obligations, until the expiry of the limitation period for the tax liability, unless otherwise provided in the tax laws.
6.9. Personal data is voluntary. Failure to provide personal information may prevent participation in the Competition, in the case of Winners, signing of an Annex and the shipping of a Prize.

7. Copyrights

7.1.1. The Participant, by giving the Organizer their Competition entry, declares that the Organizer has all rights to the said Entry, and that they are not in any way restricted or burdened and that they’re the sole author, as well as, the Entry is an expression of their own creative activity, and handing over the Entry to the Organizer is without prejudice to the rights of any third party. In addition, the Participant warrants, that during the Competition, said rights will not be transferred or charged to third parties.
7.1.2. At the moment the Organizer receives the Competition Entry, the Participant grants a permission to the Organizer, without any additional compensation to use and dispose the contents of this solution for the purposes of organizing and resolving the Competition.
7.1.3. Copyrights for the Prize-winning Entries will be transferred by the Winners of the Competition directly to the Organizer without any time or territorial restrictions and without any additional compensation pursuant to the Annex – the Agreement to transfer copyright to Works. The Competition Organizer is acquiring the property of rights referred to in the preceding sentence, to the full extent arising from the provisions of the copyright act (namely in the fields of exploitation indicated in article 50 of the copyright and related rights act from 4th February 1994), and in the fields indicated in the Annex. All questions relating to the transfer of copyright to a work are dealt with in the Annex.
7.1.4. Failure by the Winner to enter the Agreement – Annex, with the Organizer is tantamount to resigning from Participation in a Competition thus ending the possibility of claiming the Prize

8. Final Provisions

8.1. The Annex is an integral part of the Terms and Conditions, available at: www.samarite.eu/regulamin-konkurs-art/ and at the seat of the Organizer
8.2. These Terms and Conditions, together with their Annexes, are the only document that sets out the Competition rules. All promotional and publicity materials are for informational purposes only.
8.3. All disputes related to the Competition will be settled in accordance with Polish law By a Polish court with jurisdiction according to the rules applicable in Poland
8.4. Participants are not entitled to any compensation for participation in the Competition.
8.5. These Terms and Conditions enters into force on 26th April 2021.

Warsaw, 26th April 2021

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