- Application – a photo, video, text or audio recording referring positively to the theme of the Game indicated by the Coordinator, related to the products occurring under the FM WORLD trademark, to which the Participant has all rights (including copyright and personal rights) and the suggestion of which to the FM WORLD Gallery is the task in the Game;
- Business Partner – an entity bound with one of the FM WORLD Branches (among those indicated in sec. 6 above) by a Business Partnership Agreement;
- Business Partnership Agreement – an agreement binding a Business Partner with one of the FM WORLD Branches among those indicated in sec. 6 above;
- Committee – a committee appointed by the Coordinator, which consists of 10 employees of the Coordinator, who watch over proper conduct of the Game and select Winners of the Week and the Main Winner as well as resolve claims regarding the Game; decision of the Committee shall be made by a majority of votes; in the event of a tie, the Chair shall have the casting vote;
- FM WORLD Branch – an entity which cooperates with FM World on the basis of the Commercial Franchise Agreement respectively: (a) operating in country where the Participant has the place of residence – in the case of a Participant who is not a Business Partner or (b) with which a Business Partner has concluded a Business Partnership Agreement – in the case of a Participant who is a Business Partner, i.e.: in Poland: FM GROUP Polska Artur Trawiński, Żmigrodzka 247, address for correspondence: ul. Wrocławska 2a; Szewce, 55-114 Wisznia Mała; www.fmgroup.pl; e-mail: [email protected]; in Italy: FM GROUP Italia Srl address: Via G. Mattei, 43/45, 20020 Arese (MI), www.it.fmworld.com; e-mail: [email protected]; in the Czech Republic and Slovakia: Family Members Bohemia s.r.o., address: Drahobejlova 2391/13, 190 00 Praha 9, www.cz.fmworld.com, e-mail address: [email protected]; in Hungary: FM Group Magyarország Kft., 1118 Budapeszt, Villányi út 97, www.hu.fmworld.com, e-mail: [email protected]; in the United Kingdom: FM Cosmetics Ltd., address: 490-492 Neasden Lane North, London NW10 0DG, www.uk.fmworld.com, e-mail: [email protected]; in Portugal FMICG International Cosmetics, unipessoal, Lda, address: Rua da Casquilha, n. 14 C 1500-152 Lisboa, pt.fmworld.com, e-mail: [email protected], www.pt.fmworld.com, in Greece: FM GROUP Emborio Kallintikon Ellada, Eteria Periorismenis Eftinis, address: Mesogion av. 249, N. Psichiko 15451, www.gr.fmworld.com, e-mail address: [email protected]; in Cyprus: FM GROUP CYPRUS LTD, address: Pericleous Street 20a, 2020 Strovolos, Nicosia, www.cy.fmworld.com, e-mail address: [email protected]; in Iceland: FM Iceland ehf., address: adres: Garðastræti 2, 101 Reykjavík, www.fmiceland.is, e-mail address: [email protected]; in Croatia: Coloseum Ugostiteljsko – Prijevoznicki Obrt, Ivica Hrenic, R. Rajtera 4, 42240 Ivanec, www.hr.fmworld.com, e-mail: [email protected]; in Germany: Schönheitswelt Für Mich GmbH, adres: Chausseestraße 55, 10115 Berlin, www.de.fmworld.com, e-mail: [email protected], in Ukraine: FM GROUP Kosmetik Ukraina, address: Tugan-Baranovskogo 9a 79005 Lviv, www.ua.fmworld.com, e-mail address: [email protected], in Australia: FM GROUP Australia, adres: 13/160 Gilba Rd Girraween 2145 NSW, Sydney, www.au.fmworld.com, e-mail: [email protected].
- (FM WORLD) Coordinator – FM GROUP World Artur Trawiński spółka z ograniczoną odpowiedzialnością Sp. k. with the registered seat in Wrocław, Poland, at 247 Żmigrodzka street, 51– 129 Wrocław incorporated in the National Court Register of Entrepreneurs run for District Court for Wrocław– Fabryczna in Wrocław, 6th Economic Division of the National Court Register under number KRS: 0000268185, TIN: 895– 187– 00– 93, identification number REGON: 020411302;
- FM WORLD Gallery – an area on the Website of the internet Game where selected Participants’ applications are located;
- FM WORLD trademark – means FM World’s rights to the “FM GROUP” (black and white) and “FM GROUP FOR HOME” word and device trademarks and copyright to the “FM FEDERICO MAHORA”, “FM GROUP World” and “AURILE” word trademarks: registered by FM World with the Patent Office of the Republic of Poland, as well as the rights to the “FM GROUP” (red and gold) and “T” word and device trademarks, as well as to the “FM FEDERICO MAHORA”, “MAHORA” word trademarks and to the “AURILE” industrial design registered by FM World with the European Union Intellectual Property Office (EUIPO), as well as to the “FM FEDERICO MAHORA”, “MAHORA” and “AURILE” word trademarks registered by FM World with the Office for Harmonization in the World Intellectual Property Organization (WIPO), and to word trademark “Federico Mahora”, and rights to the word and device trademark: “FM” and “FM WORLD”, as well as any copyright to works used in promotional materials employing the FM WORLD Trademark, distributed in all fields of use;
- Game – a game under the name “#Over150fragrances”, coordinated by FM World and organized by FM WORLD Branches in collaboration with the Coordinator via social media available on the Internet and the Website of the Game;
- Image – an image of a Participant and/or third parties recorded in the Application;
- Main Prize – a prize for the Main Winner in the form of a double weekly trip to one of the Canary Islands;
- Main Winner – one Participant selected by the Committee from all Winners of the Week;
- Organiser – one of the FM WORLD Branches among those indicated in sec. 6 above, which is respectively: (a) territorially competent for the place of residence of the Participant – in the case of a Participant who is not a Business Partner, or (b) in the case of a Participant who is a Business Partner – a party to the Business Partnership Agreement, responsible for activities related to the organization of the Game on the territory of its operation, i.e. for handing a Prize to the Participant and tax-treasury activities including the issue of an appropriate accounting document related to the granting of Prizes, receiving complaints, the prevalence of the Terms and Conditions.
- Participant – a person who participates in the Game; only an adult natural person with full legal capacity and respectively: (a) settled in the territory of one of FM WORLD Branches (indicated in sec. 6 above) in the case of a Participant who is not a Business Partner, or (b) a party to the Business Partnership Agreement with one of the FM WORLD Branches indicated above – in the case of a Participant who is a Business Partner can be a Participant; persons who are partners, shareholders, or stockholders of the Coordinator or any of the FM WORLD Branches, managers or members of the supervisory body of the Coordinator or any of the FM WORLD Branches, employees of the Coordinator or any of the FM WORLD Branches, as well as persons close to those mentioned above, cannot be a Participant;
- PDPA – an act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2015. pos. 2135);
- Prize of the Week – a prize for the Winner of the Week in the form of products – surprises occurring on the market under the FM WORLD trademark, which includes PURE perfume, “FEDERICO MAHORA” branded cosmetics and FM GROUP MAKE UP cosmetics;
- Prizes – total of all prizes intended for Winners;
- Terms and Conditions – these terms and conditions of the #over150fragrances Game;
- Website of the Game – a website, managed by the Coordinator, located at over150fragrances.com, with the use of which the Game is held;
- Winner of the Week – a Participant selected by the Committee from among all the Participants involved in the Game in a given Week of its duration.
- Working day – day of the week from Monday to Friday, excluding Saturdays and Sundays and other days legally recognized in Poland as free from work;
- 2 General provisions
- The Game starts on July 4, 2016 and lasts until August 7, 2016. Applications submitted after July 31, 2016 shall not be considered by the Committee.
- Designation of the start and end dates for the activities specified in the Terms and Conditions is performed in the time zone UTC/ GMT +1hour.
- Persons domiciled in the territory where FM WORLD Branches run franchise business or bound by the Business Partnership Agreement with a FM World Branch on the territory of: Poland, Slovakia, the Czech Republic, Hungary, the Great Britain, Spain, Portugal, Italy, Greece and Cyprus, Croatia, Island and Ukraine can participate in the Game. For the avoidance of any doubt, the appropriate Organiser is: (a) in the case of Participants who are not Business Partners – a FM WORLD Branch (from among those identified in the sec. 6 above), in the territory of activity of which the Participant is domiciled (b) in the case of Participants who are Business Partners – a FM WORLD Branch (from among those indicated in sec. 6 above), with which the Participant is bound by the Business Partnership Agreement, (c) if the Participant is bound by the Business Partnership Agreement with one of the FM WORLD Branches (from among those identified in the sec. 6 above) and at the same time is domiciled in the territory of another FM WORLD Branch (from among those identified in the sec. 6 above), the FM WORLD Branch with which the Participant has concluded the Business Partnership Agreement shall be deemed the Organiser applicable to such Participant.
- Only an adult natural person can participate in the Game.
- To participate in the Game a Participant should have an account on one of the following social networking sites: Instagram, Google+, Pinterest, Facebook, Vine, You Tube, Twitter.
- To participate in the Game a Participant should adjust settings of their accounts on social networks indicated in sect. 5 above in such a way that it is possible to download an Application marked with the hashtag (#) by the Coordinator’s API. This means that the Participant’s account on the social network, with the use of which the Participant takes part in the Game should be defined in their privacy settings as a “public” profile.
- The Organiser and Coordinator have no impact on privacy settings on the Participant’s account on social networking sites referred to in sect. 5 above and which may prevent the Coordinator from being able to have information on the performance of the task by the Participant, i.e. to download an Application.
- 3 Rules of the Game
- The goal of the Game is promotion of FM WORLD products through creative use of modern tools of communication.
- The Game consists of two stages.
- Stage one of the Game lasts from July 4, 2016 until July 31, 2016, i.e. four weeks:
1) week one from July 4, 2016, 12:00 p.m. to 10 July 2016, 11:59 p.m.,
2) week two from 11 July 2016, 12:00 p.m. to 17 July, 2016, 11:59 p.m.,
3) week three from 18 July 2016, 12:00 p.m. to 24 July 2016, 11:59 p.m.,
4) week four from July 25, 2016, 12:00 p.m. to 31 July 2016, 11:59 p.m.
- Stage two of the Game lasts from August 1, 2016 until August 7, 2016 and consists in selection of the Main Winner by the Committee, who will receive the Main Prize
- A Participant submits application for the Game by marking photos, videos, texts, audio recordings (an Application) with a hashtag #over150fragrances (capitalization does not matter) and posting it on one of the social networking sites mentioned in § 2 sect. 5.
- The content of the Application should correspond to the theme valid in a given week of the Game.
- The Application should present positive emotions related to the theme of the Game announced for the week in which it is published.
- The selected Application or a link to the selected Application submitted in the manner described in sect. 5 above shall be placed in the FM GROUP Gallery after approval by the Coordinator.
- Themes for Applications for individual weeks will be announced via Website of the Game on the following dates:
1) week one of the Game – on July 4, 2016 at 12:00 p.m.;
2) week two of the Game – on July 11, 2016 at 12:00 p.m.;
3) week three of the Game – on July 18, 2016 at 12:00 p.m.;
4) week four of the Game – on July 25, 2016 at 12:00 p.m..
- The Application shall not portray images which according to generally accepted criteria may be deemed obscene, vulgar, offensive to anyone (including on grounds of gender, race, sexual orientation, religion or culture), or violate any third party rights.
- The Application shall not present an Image of a minor.
- The Coordinator may exclude an Application that in their opinion violates the principles set out in sect. 10 and 11 above or those which in the Coordinator’s opinion do not meet the criteria set out § 4 sect. 3
- The assessment of whether an Application meets the criteria laid down the Terms and Conditions, including an assessment of whether the person depicted in the Application is of age, whether the Participant and the author of Application is the same person shall be assessed by the Coordinator. The Coordinator is entitled to contact (either directly or via an FM WORLD Branch) a Participant in order to arrange the details of the Application, particularly to identify persons whose image was captured in the Application or to determine the Application author.
- By marking an Application with a hashtag #Over150fragrances a Participant joins the Game and thereby accepts the Terms and Conditions and confirms that they have exclusive rights to the Application and Image rights, including the right to their dissemination, as well as dissemination of the Application including any Images, through the Website of the online Game for the period from submitting an Application to the FM WORLD Gallery to August 14th, 2016. The Participant, as a person disseminating the Application, is aware of their responsibility for any breach of copyright and the rights to the Image.
- Each week of stage one of the Game a Participant may propose any number of Applications to the FM WORLD Gallery.
- If the winner of the Week is a participant who in one of the previous weeks has already obtained authorization for the Prize of the Week, the Prize of the Week pool. The Prize of the Week pool will be increased accordingly by the number of Participants who became the Winner of the Week. All Submissions that have been recognized the Winner of the Week participate in the selection of the Main Prize.
- 4 Winners
- The Committee shall assess Applications to be accepted for inclusion in the FM WORLD Gallery.
- All Applications included in the FM WORLD Gallery will be subject to subjective assessment of the Committee.
- Application evaluation criteria are as follows:
1) conformity with the task of the competition and theme;
2) artistic values;
- ingenuity and creativity;
- commitment of the Participant;
- a surprising nature of the Application;
- the form of the Application and theme presentation ;
- tools and resources used;
- compatibility of the Application with the objective of the Game, indicated in w § 3 sect. 1.
- Winners of the Week will be selected within 3 Working Days of the end of a given week of the Game (on a Wednesday). Information on who the Winner is and the awarded Application shall be published on www.over150fragrances.com and the Coordinator’s as well as FM WORLD Branches’, referred to in § 1 sec. 9, Facebook fan pages or other social media, on the FM WORLD Branches’, referred to in § 1 sec. 9 and Coordinator’s website.
- Winners of the Week shall be notified about the win by respective Organiser (pursuant to §2 sec. 3 sent. 2 above).
- In order to select Winners of the Week the Committee will assess Applications placed in the FM WORLD Gallery as well as on social networks, referred to in § 2 sec. 5 basing their choice on the criteria set out in sect. 3 above, during the week for which the Winners of the Week are selected.
- From the proceedings of the Committee above, each time a note will be drawn up and kept at the headquarters of the Coordinator.
- Every week there will be selected at least five Winners of the Week. The Committee may decide to choose more Winners of the Week.
- The Main Winner will be selected by the Committee on August 7, 2016.
- The winning Applications will be placed on a dedicated Website of the Game with the Winner of the Week designation.
- The winner shall be notified of having won by a comment with a relevant content posted by the Organiser in the social medium below the Application proposed by them and selected by the Committee or through sending private message via social medium used by the Participant. The notification above shall include the e-mail address to which the Winner will be obliged to send, within a maximum period of 5 (five) business days from the notice from the Organiser, a message including the following personal data:
1) name and surname;
2) mobile phone number at which the Organiser will be able to contact the winner if need arises;
3) an exact address located in the territory of operation of the respective Organiser (pursuant with § 2 sec. 3 sent. 2 above), to which the Prize for the Winner of the Week shall be sent.
- In case of failure by the Winner to meet the obligation to provide data referred to in sect. 11 above, within 14 days, they will automatically loose the Winner status and the right to the Prize. Previously the Organiser will attempt to contact the Winner.
- Where the Organiser expresses doubts as to the identity of any of the Winners as authors of the winning Application, the Organiser shall be entitled to require that the Winner immediately sends the original file with the Application used for submitting the winning Application. If the Organiser does not receive such a file (including due to its prior loss / deletion by the respective Winner) or the verification performed by the Organiser does not confirm that the Winner is the author of Application then the given Winner shall loose the right to the Prize.
- The Committee may select another Participant as a Winner instead of a person who under the preceding provisions lost their Winner status.
- 5 Prizes
- Each Winner of the Week will be entitled to receive the Prize of the Week.
- The Main Winner will be entitled to receive the Main Prize – a trip for two to one of the Canary Islands, organized by the Organiser within three months period from the end date of the Game.
- Within one month from the announcement of the results the respective Organiser (according to § 2 sec. 3 sent. 2 above) will present to the Main Winner a detailed proposal of the trip, and indicate three possible dates. The Main Winner should indicate their selected departure date within 7 Working Days of receipt of the proposal. In case of failure by the Winner to select one of the proposals within a specified period, the Main Winner loses the right to the Main Prize.
- In case of the Main prize, the total cost covered by the Organiser includes the cost of flight to and from the country where the Main Winner has the place of residence (but no other country than the country indicated in § 1 sec. 9), the cost of transport to and from the airport, to and from the accommodation venue, and the cost of accommodation for two people, including the cost of catering which is offered as an all-inclusive option or any other option offered by the place of accommodation, however, if the Organiser covers the costs in surplus to the costs mentioned above, the Participant of the Game whose behaviour resulted in the increase of the costs will be obliged to reimburse such costs.
- The Organiser may not be held responsible for the lack of possibility to grant the Prizes to the Participants due to the causes concerning Participants only, in particular such as: invalid data, change of the Participants’ data which was not communicated to the Organiser. However, the Organiser is obliged to try to contact the Winner for the purpose of granting the Prize. Moreover, the Winner is able to monitor whether their Application has been selected as the winning one on the internet webpage: www.over150fragrances.com and also may contact the respective Organiser , pursuant with §2 sec. 3 sent. 2 above. Contact details of the FM WOLRD Branches (the Organisers) have been indicated in § 1 sec. 6 of the Terms and Conditions. The Winner may contact the Coordinator directly by sending email to the address: [email protected] or the letter to the address: FM GROUP World Artur Trawiński spółka z ograniczoną odpowiedzialnością sp. k, ul. Żmigrodzka 247, 51-129 Wrocław, Poland with a note: „over150fragrances” on the envelope.
- The respective Organiser (pursuant with §2 sec. 3 sent. 2 above) will transfer the Prize in accordance with the binding tax law regulations. If proper legal regulations, which are binding in the country where the respective Organiser operates, oblige the Winner to pay adequate public levy as a result of obtaining the Prize, the Winner will be obliged to pay such fee and the Organiser to prepare proper financial document.
- The Winners shall not be entitled to exchange the Prizes for money or for Prizes of a different kind.
- 6 Complaint proceedings
- Complaints regarding the conduct of the Game are filed by a Participant to the respective Organiser (pursuant with §2 sec. 3 sent. 2 above) to the address indicated in § 1 sec. 6 Complaints should be submitted until September 7, 2016.
- Complaints will be considered promptly, but no later than within 14 Working Days of receipt of the complaint.
- 7 Personal data processing
- The Coordinator is the administrator of personal data provided by Participants. The Coordinator is entitled to share with FM WORLD Branches the data of the Participants who are the Winners, to implement the provisions of these Terms and Conditions, i.e. in order to transfer the Prize and to announce the results of the Game on the FM WORLD Branch website as well as on the FM WORLD Branch or Coordinator profile on the social network.
- Personal data shall be processed under applicable provisions of law, including PDPA and executive acts, solely for the purposes objectively related to the Game i.e. for the purpose of organizing and conducting the Game transfer of the Prizes and to identify the Winners on the Website of the Game at www.over150fragrances.com.
- The Coordinator may transfer personal data processing to FM WORLD Branches on the basis of a written Personal Data Transfer Agreement.
- The use of personal data is voluntary, but at the same time necessary to transfer the Prizes. Persons providing personal data have the right to access such data, correct it and request deletion at any time.
- 8 Final provisions
- The Terms and Conditions of the Game are available at the seats of the Coordinator, FM WORLD Branches and on the Website of the Game.
- In the case of a justified suspicion of carrying out activities inconsistent with the Terms and Conditions, or provisions of law, the Organisers and the Coordinator reserve the right to exclude the Participant from participation in the Game.
- The Game is in no way sponsored, supported, administered or associated with social networking sites which make submitting of the Applications by Participants available.
- Any information on violations of the Terms and Conditions by the Participants or third parties should be addressed to the address of the respective Organiser (pursuant with §2 sec. 3 sent. 2 above) pursuant with the provisions of § 1 sect. 6.