OFFICIAL REGULATIONS OF THE PROMOTIONAL CAMPAIGN "You choose the product" ORGANIZED DURING THE PERIOD 05.07-05.08.2022
SECTION I. PROMOTIONAL CAMPAIGN ORGANIZER
1. The organizer of the "You choose the product" Promotional Campaign (hereinafter referred to as the "Campaign") is SC KA&MA TRADING SRL, with registered office in Mosnita Noua, Str. Riga, No. 4, Timiș County, registered at the Trade Registry Office under no. J35/105/2011, Unique Registration Code RO27921414, hereinafter referred to as the "Organizer".
2. The campaign will take place according to the provisions of these Official Regulations (hereinafter the "Regulations"), being mandatory for all Participants. The organizer reserves the right to modify the Regulation during the Campaign, having the obligation to notify the public officially, in the same way as the initial information was made. Such changes will be made public at least 24 hours before they take effect.
SECTION II. LEGAL BASIS
1. The campaign is organized in accordance with the provisions of Government Ordinance no. 99/2000, regarding the sale of products and services on the market, with subsequent amendments and additions, as well as with the applicable Romanian legislation.
SECTION III. VENUE AND DURATION OF THE PROMOTIONAL CAMPAIGN
1. The campaign is organized and carried out nationally, on the Bestsleep_romania Instagram page;
2. The Campaign will start on 07/05/2022 and will last until 08/05/2022, 23:59:59, hereinafter referred to as the "Campaign Period" or "Campaign Period". Any participant who does not fall within this time frame will not be considered.
SECTION IV. THE RIGHT TO PARTICIPATE
1. The Campaign is open to the participation of all natural persons, with domicile/residence in Romania, at least 18 years old (turned by the start date of the Campaign), who comply with the terms and conditions of these Official Regulations (hereinafter referred to as "Participants").
2. Fake Instagram accounts cannot participate in this campaign. A participant cannot participate with more than one account, being identified by personal data: name, surname and phone number. If this condition is not met, the participants will be disqualified.
3. The Organizer's employees, nor those of the companies collaborating in this Campaign, cannot participate in this Campaign.
4. Participation in this Campaign implies full, express and unequivocal knowledge and acceptance of these Regulations
SECTION V. CAMPAIGN REGULATIONS
1. The Regulation is available to any applicant, free of charge, for the entire duration of the Campaign, in any of the following ways: a. on the page https://www.bestsleep.ro b. following a written request, sent to the Organizer's headquarters, mentioned in Section 1.
2. According to the Organizer's free decision, the Campaign can be publicized, for the purpose of informing the public, including through advertising and/or informative materials. The information, which such materials may contain, will be interpreted and completed in accordance with the provisions of the Regulation.
3. The Organizer reserves the right to modify and/or complete the Regulation, as well as the right to suspend and/or terminate, and/or interrupt the Campaign, provided that the Participants are notified in advance, regarding any change to any of its provisions , without right of compensation. Any change of this kind will be brought to the attention of the Participants, including the related reasons, in the same way as the Regulation, before the date on which said change will enter into force, by concluding an additional act, which will be an integral part of the Regulation. Any additional act to the Regulation will be authenticated by a notary public.
4. The Organizer will not assume any responsibility regarding the knowledge or lack of knowledge of the Regulation and its amendments by the Participants, as long as they were made available to the Participants.
5. No Participant will be able to request the continuation of the Campaign, nor the reparation of a potential damage caused by the regulatory suspension of the Campaign. 6. Participation in the Campaign implies full, express and unequivocal knowledge and acceptance of the Regulations.
SECTION VI. MECHANISM OF THE ADVERTISING CAMPAIGN
1. Campaign participants must: - FOLLOW the Best Sleep Instagram page: https://www.instagram.com/bestsleep_romania/ - tag 2 people in the same comment. - to SHARE STORY with the post tagged @bestsleep_romania
2. In order for the registration to be valid, in order to participate in the Campaign, it is necessary for the participants to cumulatively fulfill the following conditions:
a) To have the right to participate, respectively to meet the conditions of Section 4 above;
b) Follow the Instagram page https://www.instagram.com/bestsleep_romania/
c) tag 2 people in the same comment; Only one comment per account is accepted in the contest.
d) to SHARE STORY with the post tagged @bestsleep_romania
e) NOT to participate with multiple accounts.
3. Entries that do not comply with the provisions of this Regulation will be invalidated. 4. Without affecting the provisions of this Regulation, the Organizer reserves the right to verify the respective situation, and if irregularities are found, the respective registration will be invalidated.
SECTION VII. PRIZES AND THEIR VALUE
1. Within this Campaign, 1 prize will be awarded, consisting of a mattress of your choice from the following: Star mattress, Moon mattress, Skyline mattress, Karma mattress in the size chosen by the winner.
2. The same Participant can win only one prize in this Campaign, regardless of its nature.
3. No additional direct or indirect expenses are imposed on Campaign participants.
4. The winners have neither the possibility nor the right to request the modification of the characteristics of the prizes, nor the granting of the monetary value of the prizes. Winners are the sole beneficiaries of the prizes awarded and may not transfer the rights to the prizes won to others.
5. The awarded prizes cannot be replaced with other goods or services, nor with their monetary value. In the event of any potential winner's refusal to take advantage of the prize (by a winner's refusal, meaning that such winner does not wish to take possession of the prize), he or she will forfeit the right to award the prize. If, after the end of the Campaign, there are still prizes not awarded, the Organizer reserves the right not to award them.
6. Refusal to receive the prize must be expressly expressed within a maximum of 3 days from the date on which the Organizer notified the winner of winning the prize. If the potential winner does not exercise any option within this period, the prize is assigned to the reserve, if the validity conditions are met again by the reserve winner. 7. If the winner of one of the prizes is a person without legal capacity, (persons who do not have legal capacity - not including minors), they are entitled to take possession of the prize only through the legal curator, including the signature by curator of a declaration, if applicable, according to the law, by which the Organizer is absolved of any liability arising from the awarding of the respective prize,
SECTION VIII. DRAW AND DESIGNATION OF WINNERS
1. The choice of the winner will be made with the help of the Comment Picker application, in the presence of the Organizer's representatives, and will take place in no more than 3 days from the end of the campaign. All public accounts that have complied with the rules mentioned in section VI participate in the draw. Each contestant can participate in this contest with only one comment.
2. A winner and 1 reserve will be chosen. If a winner cannot be validated within the terms and under the conditions stipulated in Section 9 of the Regulations, the reserve with the same number as that of the respective winner will be used, and the same notification and validation procedure will be followed.
3. Each winner must send their data, through a private message, on the Best Sleep Romania Instagram page, no later than 3 days from the date of publication of the list of winners. After this date, the prize will return to the reserve with the same number.
SECTION IX. ANNOUNCEMENT AND VALIDATION OF WINNERS. AWARD OF PRIZES
1. The announcement of the winners will be made within no more than 3 working days from the date of the draw. Each winner will be notified via a message/comment on their post.
2. For validation, the winners will be asked to provide their personal data (name, surname and full address) through a private message on the official Best Sleep Romania Instagram account. The reserve validation procedure is the same as the winner validation procedure. If the reservation cannot be contacted and validated, the prize will no longer be awarded to the reservation and will remain the property of the Organizer.
3. The prizes will be sent by courier to the address on the identity card or other address specified by the winners at the time of their announcement. Prizes will be awarded in no more than 20 working days, from the date of validation of the winner and communication of the shipping address. By signing the shipping notice (AWB) drawn up by the courier company, the winner confirms receipt of the prize. The Campaign Participant, designated as the winner following the draw, who refuses or does not meet the conditions set forth in the Regulations, automatically loses the title of winner and cannot take possession of the prize. Prizes that, based on the provisions of these Regulations, cannot be awarded, will remain at the Organizer's disposal, which can dispose of them as it sees fit.
SECTION X. ERRORS, INAPPROPRIATE ADVERTISING COMMUNICATIONS
1. The organizer will not be responsible for any errors that may occur when communicating personal data by the participant.
SECTION XI. TAXES AND FEES
1. The organizer undertakes to calculate and remit the tax due for the income obtained by the winners by receiving the Campaign Prizes, in accordance with the provisions of the Fiscal Code law 227/2015 with the amendments in force. 2. The organizer will submit income declarations to the competent tax authority for the income from this regulation. Any other declarations of income and expenses deriving from winning the Prizes are the sole responsibility of the winner. 3. The organizer will not be liable for any additional expenses incurred by the participant in connection with this Campaign.
SECTION XII. LIABILITY OF THE ORGANIZER
1. The organizer undertakes to calculate, withhold and remit the tax (taxes) related to the income obtained by the winners from the Campaign prizes, in accordance with the provisions of Law no. 227/ 2015 regarding the Fiscal Code.
2. In the event of a dispute over the validity of an entry in this Campaign, the Organizer's decision is final.
3. Any appeals can be sent to the Organizer within two working days from the moment of announcing the winners, by email to the address: email@example.com. Any appeals received after this date will not be considered.
4. If the Organizer finds that a winner has not fulfilled and/or has not respected the conditions stipulated by these Official Regulations, the Organizer reserves the right to suspend the rights and benefits of the winner at any time, without the Organizer owing any compensation or payment to that winner. If the Organizer finds such situations after the prize has already been awarded, the respective winner will return to the Organizer the value of the prize and the related expenses incurred by the Organizer in connection with it.
5. The organizer has no obligation to maintain correspondence with the applicants of non-winning claims that appear after the actual awarding of the prizes offered within this Campaign.
6. The organizer does not assume responsibility for:
a. Errors provided by winners. As such, the Organizer has no obligation in the event that the Participants provide erroneous data, which led to the impossibility of awarding the prize under normal conditions, the impossibility of identifying a Winner, the impossibility of registering in the Campaign due to the illegibility of the entered personal data;
b. Impossibility of a Winner to take possession of the desired prize;
c. Complaints regarding the prize won, subsequent to the moment of signing the report of delivery - receipt, will not be taken into account by the Organizer;
d. Situations in which certain persons registered in the contest are unable to participate partially or fully in the Campaign, if this inability is due to circumstances beyond their control, which the Organizer can reasonably exercise.
e. Situations in which the account from which the contest participant posted, on the Instagram social network, cannot be identified, or has blocked the messaging service and as such, the Organizer will not be able to get in touch to award the prize;
f. Any disputes related to the rights to the Instagram accounts, from which the posts were made, to participate in the contest. The organizer will consider the winner the person who replies to the private message, and then to the mobile phone indicated as a reply, to the message sent via Instagram, the account from which the post was made, on the Instagram social network.
7. The organizer has the right to invalidate participation messages when posting the contest, on Instagram, that contain false or obviously erroneous information and that do not meet the validation conditions mentioned in these Regulations.
8. The organizer reserves the right to check and monitor the way in which registrations in the Campaign are carried out. In the event that certain fraud attempts are observed, the respective registrations will be cancelled.
9. The organizer reserves the right to definitively exclude any person participating in the Campaign who, through fraudulent behavior, affects the smooth running of the Campaign.
10. The organizer is entitled to take all necessary measures in case of attempted fraud, abuse or any other attempts that could affect the image or costs of this Campaign. Any intent to influence the results of the Campaign will result in removal from the Campaign. Attempted fraud, such as the entry of the same person using different Instagram accounts, will result in the disqualification of that participant and, implicitly, he will no longer be entitled to receive the prize. In the event that persons who influenced or facilitated the winning of prizes are identified, the Organizer has the right to demand that those persons be prosecuted in court, based on the existing evidence.
11. Participants definitively accept all decisions adopted by the Organizer regarding the Winners, as well as the calendar of the draw or other changes related to its implementation.
SECTION XIII. PROTECTION OF PERSONAL DATA
1. By signing up for the Campaign, the Participants agree to the provisions of the Regulation and agree that, in case they win, their name and place of residence will be made public and used for advertising purposes, without any other obligations or payments, by third parties, involved in this
2. The organizer undertakes to comply with the provisions of Law no. 677/ 2001, regarding the protection of personal data of the Participants, stored during the Campaign and after it, as well as the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons, in terms of data processing of a personal nature and regarding the free movement of this data and repealing Directive 95/46/EC, published in the Official Journal of the European Union L 119 (4.5.2016) and applicable from 25 May 2018. As such, the Organizer and the Agency undertakes to keep the personal data of the Campaign Participants confidential and to use them in accordance with the legislation in force.
3. Participants are guaranteed the rights provided by Law 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data and by Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and with regard to the free movement of such data and in particular those regarding:
a) the right of access to data according to which any person concerned has the right to obtain from the Organizer, upon request and free of charge for one request per year, confirmation of the fact that the data concerning them are or are not processed by the Organizer;
b) the right of opposition according to which the data subject has the right to object, at any time, for well-founded and legitimate reasons related to his particular situation, to the data concerning him being the object of processing, except in cases where there are legal provisions contrary;
c) the right to intervene on the data, according to which any person concerned has the right to obtain from the Organizer, upon request and free of charge: i. as the case may be, the rectification, updating, blocking or deletion of data whose processing is not in accordance with the law, in particular of incomplete or inaccurate data; ii. as appropriate, the transformation into anonymous data of data whose processing is not in accordance with the law; iii. making the notification to third parties to whom the data were disclosed, of any operation carried out according to letter a) or b), if such notification does not prove impossible or does not involve an effort disproportionate to the legitimate interest that could be harmed.
4. The organizer also undertakes to comply with all the provisions of Law no. 677/2001, regarding the protection of personal data stored both during the Campaign and after its conclusion for an unlimited period of time and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons in regarding the processing of personal data and regarding the free movement of such data and, if necessary, to notify the National Supervisory Authority of the Processing of Personal Data anything regarding the collection and processing of personal data carried out in connection with registration and participation in the Campaign.
SECTION XIV. TERMINATION/DISRUPTION OF THE CAMPAIGN
1. The campaign can end before the deadline, in the event of an event constituting force majeure or a fortuitous event, within the meaning of art. 1351 and 1352 of the Civil Code. The campaign can also end before the end of the established period, or it can be suspended at any time based on the free decision of the Organizer, provided that he communicates such a situation in advance.
2. If an event of force majeure, including the Organizer's impossibility for reasons beyond his control, prevents or delays the full or partial execution of the Regulations and the continuation of the Campaign, the Organizer will be exempted from liability for the fulfillment of his obligations for the period in which this fulfillment will be prevented or delayed, according to art. 1082 and 1083 of the Civil Code. In case of force majeure, the Organizer is obliged to communicate its existence to the participants of the Campaign, within a maximum of 10 (ten) working days from the occurrence of the case of force majeure.
SECTION XV. disputes
1. Any disputes arising between the Organizer and the Campaign Participants will be resolved amicably. If any Participant has an incident to report in connection with the running of the Campaign, before any legal action or contentious procedure before any public authority, he will address the Agency with a notification/complaint in this regard, in writing. The organizer will formulate a written response to the notification/complaint submitted within 10 (ten) working days from the receipt of the notification/complaint.
2. In the event that an amicable settlement is not possible, the disputes will be settled by the competent Romanian courts.
3. Any complaints related to the running of the Campaign can be sent to the Organizer's address within a maximum of 2 days from the date of termination of the Campaign. After the expiration of this term, the Organizer will not consider any complaint.
SECTION XVI. FINAL TERMS
1. The Organizer's decisions regarding the Campaign are final and applicable to all Participants.
2. Unawarded prizes will remain in the possession of the Organizer, who may freely dispose of them in the manner he deems necessary or suitable for his interests.