Terms and Conditions - Shopping Challenge Contest

I. GENERAL PROVISIONS

  1. The Terms and Conditions define the rules for the organization of the contest for the Users of the Application.
  2. The User participating in the Contest is obliged to read the content of the Regulations and comply with their provisions.
  3. Information about the Contest is available at the following website address: https://konkurs-shopping-challenge.nais.co/.
  4. To the extent not regulated by these Terms and Conditions regarding the use of the Application (Nais Platform), the provisions of the General Terms of Use – User Terms and Conditions document available on the websites at the electronic address https://www.nais.co/ shall apply.
  5. Terms used in these Terms and Conditions that are not defined herein shall have the meaning given to them in the General Terms of Use – User Terms and Conditions. In the event of any discrepancies in interpretation, the definitions contained in these Contest Rules shall prevail.

II. DEFINITIONS

Form – an interactive form available on the Contest Organiser website, through which a person interested in participating in the Contest may apply for participation by entering the required personal data and accepting the Terms and Conditions. Correct completion and submission of the application form is a prerequisite for entering and participating in the Contest.

Contest – a promotional campaign organised by the Contest Organiser, aimed at selecting winners on the basis of specific criteria, under which the Participants have the opportunity to win prizes, provided that the conditions set out in the Terms and Conditions are met.

Contest Organizer – Nais limited liability company, with its registered office in Gdańsk, Piecewska 34B, 80-288 Gdańsk, registered in the Register of Entrepreneurs of the National Court Register, kept by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register under number KRS 805510, NIP 8133823213, REGON 384446468.

Terms and Conditions – the Terms and Conditions of the Contest called "Shopping Challenge".

Contest Participant – a natural person who meets the conditions for participation specified in the Terms and Conditions, applied to participate in the Contest via the Form and accepted the provisions of the Terms and Conditions, thus becoming a party to the legal relationship with the Contest Organizer under this Contest.

III. PURPOSE OF THE CONTEST

  1. The purpose of the Contest is to encourage the Application User to spend as much money as possible in the period from September 18, 2024 to October 31, 2024, available on the User Account, to purchase products and services available in the catalog of offers.

IV. CONDITIONS OF CONTEST PARTICIPATION

  1. The Contest is open to natural persons who are Users of the Application (Nais Platform) and have an active User Account and have agreed to participate in the Contest by filling in and sending the Form to the electronic address https://konkurs-shopping-challenge.nais.co/.
  2. Employees of the Contest Organiser, persons employed under civil law contracts (e.g. contracts of mandate, contracts for specific work) and persons cooperating with the Contest Organiser on any other legal basis may not participate in the Contest.
  3. In the event of a violation of this clause, the Contest Participant will be excluded from the Contest and the awarded prize may be withdrawn. The Contest Organizer reserves the right to verify compliance with these provisions at any stage of the Contest.
  4. Submitting the Form, means accept the Terms and Conditions and consent to the processing of personal data in connection with the implementation of the Contest.

V. CONTEST RULES

  1. The Contest Participants earn points for each zloty spent from their User Account in the Application during the Contest period.
  2. The Contest Participant who spends the largest amount of money during the Contest period will be qualified to receive a prize in the Contest.
  3. The ranking list will be prepared on the basis of the data registered in the Application.
  4. In order to ensure transparency and objectivity, the process of selecting the winners and awarding prizes will be carried out by the Contest Committee appointed by the Organizer.
  5. The Contest Committee will verify the fulfillment of the conditions of participation by the Contest Participants who obtained the highest scores. In the event of any irregularities or violations of the Regulations, the Contest Committee has the right to disqualify the Contest Participant from the Contest and transfer the prize to the next Contest Participant in the ranking.
  6. The results of the Contest will be announced on the Contest website within 14 (fourteen) days of the end of the Contest. Winners will be notified of the prize by email to the address provided in the Form. The winners will be made public in the form of their first name and the first letter of their surname.

VI. PRIZES

  1. The prizes in the Contest are offers available in the Application, which will be provided by the Contest Organizer to the Contest Participants who meet the conditions set out in these Terms and Conditions. These offers may include vouchers, gift cards, discounts, products or other benefits offered within the Application.
  2. The prizes will be awarded in accordance with the mechanism set out in these Terms and Conditions on the basis of the ranking of the Contest Participants who spent in Nais Platform the largest amount of funds during the Contest period.
  3. The prizes will be delivered to the Contest Participants by email or written correspondence to the delivery address indicated by the Contest Participant.
  4. Tje prizes are not exchangeable for cash equivalents or other prizes, unless the Contest Organizer decides otherwise.
  5. The prize of place in Contest ranking:
    1. place1: Code of Triverna (2 000 zł) and Code of Onet Premium 12 months (98 zł);
    2. place 2: Code of Zalando (1 000 zł) and Code of Onet Premium - 12 months (98 zł);
    3. place 3: Code of Suntago (2 x 210 zł) and Code of Onet Premium - 12 months (98 zł);
    4. place 4 - 6: Code of Suntago (210 zł);
    5. place 7 - 84: Code of Onet Premium - 12 months (98 zł);
    6. place 85 - 100: Code of Multikino, Cinema City.
  6. If, in accordance with the applicable law, personal income tax is due on the prize awarded to the Contest Participant, the Contest Organizer undertakes to cover it.
  7. The Contest Organizer will cover the amount of income tax due by paying it to the appropriate tax office on behalf of the Contest Participant.

VII. OBLIGATIONS OF THE CONTEST PARTICIPANT

  1. The Contest Participant is obliged to comply with the provisions of the Terms and Conditions and any other documents governing the use of the Application.
  2. The Contest Participant undertakes to provide true and complete personal data and other information required in the Form. Providing false or misleading information may result in exclusion from the Contest.
  3. The Contest Participant is obliged to actively participate in the Contest, which includes carrying out activities specified in the Terms and Conditions, such as spending funds in the Application during the Contest period.
  4. The Contest Participant undertakes to behave in accordance with the principles of social coexistence, which means avoiding any actions violating the rights of other Contest Participants.
  5. The Contest Participant is obliged to accept any changes to the Terms and Conditions that may be introduced by the Contest Organiser in accordance with the provisions of the Terms and Conditions.
  6. In the event of a complaint, the Contest Participant is obliged to cooperate with the Contest Organizer in order to clarify the situation, in accordance with the complaint procedure specified in the Terms and Conditions.

VIII. WITHDRAWAL FROM PARTICIPATION IN THE CONTEST

  1. The Contest Participant is entitled to withdraw from participation in the Contest at any time after registering for the Contest, without giving any reason.
  2. The Contest Participant may withdraw from participation in the Contest by submitting a statement of withdrawal from the Contest in writing to the address of the Contest Organiser or by e-mail.
  3. The Contest Organiser shall immediately confirm to the Contest Participant receipt of the statement of withdrawal from the Contest.

IX. LIABILITY OF THE CONTEST ORGANIZER

  1. The Contest Organiser shall not be liable for any damage not attributable to the Contest suffered by the Contest Participant as a result of participation in the Contest in a manner inconsistent with the Terms and Conditions. In particular, the Contest Organiser shall not be liable for any damage resulting from the inability to use the Application Form, lost profits of the Participant, damage resulting from the loss or modification of the User's data or any other damage resulting from failure to comply with the provisions of the Terms and Conditions.
  2. The liability of the Contest Organizer towards the Contest Participant (regardless of the basis on which it occurred) is always limited to the value of the actual damage.
  3. The Contest Organiser's liability towards the Contest Participant related to the use of the Application is specified in the document General Terms of Use – User Terms and Conditions available on the website at the electronic address https://www.nais.co/.

X. COMPLAINTS

  1. The activities related to the organisation and course of the Contest may be advertised by the Contest Participant by means of an application sent in electronic form via a communicator available on the Contest Organiser's website or in the Application, an e-mail sent to the support@nais.co address or in writing to the address of the Contest Organiser's registered office from the date of the commencement of the Contest to 14 (fourteen) days from the date of the end of the Contest.
  2. A properly submitted complaint should contain at least the following data:

    (a) name, surname and e-mail address of the Contest Participant;

    (b) precise description of the subject of the complaint along with justification.
  3. The complaint will be considered by the Contest Organizer of the Contest within 14 (fourteen) days from the date of receipt of the application.
  4. A response to the complaint will be provided by the same means of communication by which the complaint was submitted.
  5. In the case of a response to the complaint in writing, the date of consideration of the complaint is considered to be the date of sending the letter with the response to the complaint to the Contest Participant address.
  6. Complaints related to the use of the Application are handled in accordance with the rules described in the document General Terms of Use – User Terms and Conditions available on the websites at the electronic address https://www.nais.co/.

XI. TECHNICAL CONDITIONS AND SAFETY

  1. The minimum technical requirements necessary to participate in the Contest, including the rules for the protection of data transmission on the Internet, the rules for the availability of the Website and the Application, are specified in the document General Terms of Use – User Terms and Conditions available on the websites at the electronic address https://www.nais.co/.
  2. The Contest Participant is entitled to report to the Contest Organizer any failures or other irregularities in the operation of the Application Form and the Application in electronic form by means of a communicator available on the Contest Organizer's website or in the Application, an e-mail sent to the support@nais.co address or in writing to the address of the Contest Organizer's registered office.

XII. PRINCIPLES OF PERSONAL DATA PROCESSING

  1. The Contest Organiser and the Contest Participant are obliged to comply with the provisions of the Applicable Law, in particular the Data Protection Law.
  2. The Contest Organizer ensures proper protection of the Contest Participant's personal data. Any personal data provided by the Contest Participant will be collected, stored and processed in accordance with the principles of Data Protection Law.
  3. Detailed information on the processing of personal data of the Contest Participants is included in the Privacy Policy and the Information Clause available on the websites at the electronic address https://www.nais.co/.

XIII. AMENDMENT OF THE REGULATIONS

  1. The Contest Organizer reserves the right to change the Terms and Conditions for important reasons, which are considered to be:

    (a) introducing, amending or repealing generally applicable provisions of law resulting in the need to amend the Terms and Conditions, only to the extent and in a manner reflecting the change in these provisions and in compliance with the principle of proportionality;

    (b) issuance of a final court ruling or administrative decision against the Contest Organizer. The Contest Organiser will make changes only to the extent resulting from the content of the above-mentioned rulings or decisions, provided that they have a direct impact on the content of the contractual relationship and the amendment to the Regulations is necessary to implement the content of such a ruling or decision;

    (c) issuance, amendment or repeal by competent national or European authorities: decisions, provisions, recommendations, recommendations, positions or other legal acts addressed to the Service Provider, which result in the Service Provider's obligation or right to change the content of the contractual relationship, or issuance by the President of the Office of Competition and Consumer Protection of a decision on declaring a provision of a standard contract unlawful and prohibiting its use addressed to another entity,  if the content of the standard contract indicated in this decision and considered unlawful corresponds to the content of the Terms and Conditions. Changes will be made in a proportionate manner, only to the extent resulting from the content of the above-mentioned decisions, provisions, recommendations, recommendations, positions or other legal acts;

    (d) changes in the functionality of the Application Form, resulting in the need to amend the Terms and Conditions, only to the extent and in a manner reflecting the change in these functionalities and in compliance with the principle of proportionality;

    (e) the necessity to: update the contact, address or registration details of the Contest Organiser; introducing a new or changing the current marketing name of the Contest; correction of typing, spelling and punctuation errors; make editorial changes, change the style, font or graphics; merge or separate the terms and conditions – as long as this does not result in a violation of the Contest Participant's interest or an unfavorable change in the scope of their duties or rights;

    (f) introducing a new service, functionality or product only by supplementing the Terms with provisions concerning new services, functionalities or products or adapting the existing provisions of the Terms so that they take into account new services, functionalities or products;

    (g) withdrawal of a functionality, service or product, by deleting the provisions in the Terms and Conditions concerning the withdrawn services or functionalities or adapting the existing provisions of the Terms and Conditions so that they take into account the fact of withdrawal of the functionality, service or product, as long as this does not result in a violation of the interest of the Contest Participant or an unfavorable change in the scope of their duties or rights, excluding changes in the scope of duties and rights related to the withdrawn service,  functionality or product;

    (h) the need to adapt to changes resulting from the technological, technical or IT development of the Contest Organiser, Partners or suppliers of IT solutions for the Contest Organiser, without which it is impossible to offer and operate products and services, only to the extent that this will result in the need to adapt the provisions of the Rules to the solutions resulting from these changes, ensure proper performance of the provisions of the Rules and Regulations and will not lead to an increase in the burden financial resources on the part of the Contest Participant.
  2. The Terms and Conditions shall be amended in each case upon notification to the Users, made at least 14 (fourteen) days prior to the date of entry into force of the amended Terms and Conditions. Notification is made by a message sent to the e-mail address if indicated by the Contest Participant in the Application Form. Information about the change is published at the same time on the website at the electronic address https://konkurs-shopping-challenge.nais.co.
  3. If the Contest Participant does not accept the changes to the Regulations, the Contest Participant is entitled to withdraw their consent to participate in the Contest within 14 (fourteen) days from the date of receipt of notification of the changes.

XIV. FINAL PROVISIONS

  1. To the extent not regulated by the Terms and Conditions, the provisions of the Applicable Law shall apply.
  2. The language of communication between the Contest Organizer and the Contest Participant is Polish.
  3. Any proprietary copyrights and industrial property rights related to the Contest as a whole, and its individual parts, are vested in the Service Provider or entities cooperating with it.
  4. Recognition of individual provisions of these Terms and Conditions as invalid or ineffective in the manner provided for by law does not affect the validity or effectiveness of the remaining provisions of the Terms and Conditions. The invalid provision will be replaced by the rule that comes closest to the purposes of the invalid provision and these Terms and Conditions as a whole.
  5. The Contest Organiser provides the Contest Participant with constant, free access to the content of the Terms and Conditions in a way that allows them to be preserved and reproduced many times in the ordinary course of activities. The Terms and Conditions are available on the website at the e-mail address https://www.nais.co/.
  6. The Terms and Conditions come into force on 2024-09-18.