Golden Ticket Regulations

Rules of the Golden Ticket Contest - Sixth Edition ("Rules")

§1. General provisions

The organizer of the "Golden Ticket" competition (hereinafter referred to as the "Competition") and the sponsor of the prizes in the Competition is Bright Future, a limited liability company with its registered office in Wrocław, address: ul. Duńska 7, 54-427 Wrocław, entered into the register of entrepreneurs maintained by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under the KRS number 0000692159, NIP 5213792944, REGON 368186614, share capital in the amount of: PLN 14,300.00 (hereinafter referred to as the "Organizer").
The Promiser of the Prize within the meaning of art. 919 et seq. of the Act of 23 April 1964, the Civil Code (hereinafter referred to as the "Civil Code") and the entity responsible for issuing the Prizes is the Organizer.
The Competition is announced by the Organizer by publishing information about the Competition on the @yourkaya profile, on Instagram https://www.instagram.com/yourkaya/?hl=pl , on Facebook https://www.facebook.com/yourkayaofficialpl , on the store's website https://yourkaya.pl/p/golden-ticket and by posting information in the content of the Newsletter (e-mail) sent to people registered for this service. The Competition will be conducted on the website https://yourkaya.pl/p/golden-ticket .
The Competition is conducted on the principles described in these Regulations, in accordance with the generally applicable provisions of Polish law and is organized via the Internet in the territory of the Republic of Poland.
All materials published by the Organizer regarding the Competition, regardless of the form and place of publication, are for informational purposes only. Only the Rules are binding.
The Organizer declares that the Competition is in no way organized, sponsored, conducted, supported, administered or endorsed by, or associated with, the social media platforms Facebook and Instagram (hereinafter referred to as the "Services").
The Participant acknowledges that by taking part in the Contest, he/she agrees to release the Services from any liability that may arise in connection with the Contest. Any claims related to the Contest should be directed exclusively to the Organizer.
A post will be published on the Websites on the Organizer's profiles (i.e. https://www.instagram.com/yourkaya/ , https://www.facebook.com/yourkayaofficial ) containing information about the Contest, including in particular information about the rules of the Contest and the prizes in the Contest, as well as a link to the Regulations.

§2. Conditions of participation in the Contest

Participation in the Competition is free of charge and voluntary.
In order to be eligible to participate in the Competition, the Participant (hereinafter referred to as "Participant" or "Participants") must meet all of the following conditions:
1. be a natural person,
2. be an adult (18 years of age or older) and have full legal capacity,
3. have a place of residence in the territory of the Republic of Poland,
4. have an active Product Subscription, as referred to in §5 of the Regulations of the yourkaya.pl online store . Persons with an active Product Subscription are also understood as persons who are just joining the Product Subscription or renewing it,
5. have an active e-mail address,
6. read the Regulations,
7. register for the Competition by completing the competition task specified in §3 of the Regulations.
Employees of the Organizer and entities and employees of entities providing services to the Organizer when organizing the Competition on the basis of civil law contracts are excluded from participation in the Competition, as well as members of the immediate family (spouses, ascendants, descendants and siblings, parents of spouses and persons in an adoption relationship with them) of the above-mentioned persons.
Persons who meet the conditions for participation in the Competition described in paragraph 2 and at the same time do not belong to the group of persons indicated in paragraph 3 above may take part in the Competition, and each entry by the Participant to the Competition under the terms specified in the Regulations will be tantamount to the Participant's familiarization with these Regulations.
The Organizer has the right to verify whether the conditions of participation in the Competition have been met. The Organizer has the right to exclude a Participant from participation in the Competition or refuse to award the Prize if it turns out that a given Participant does not meet the conditions of participation in the Competition specified in the Regulations or acts contrary to the Regulations, in particular the Participant does not act on his own behalf, but through third parties. If the Participant loses the right to the Prize, the Organizer may select another Winner in place of the Participant, based on the criteria specified in the Regulations.
The Contest Participant is obliged to provide only true and non-misleading data.
The Participant is obliged to participate in the Competition in a manner consistent with its assumptions, as well as in accordance with the law and good customs, in particular with respect for the rights and personal rights of the Organizer and Participants.
The Contest is open to individuals only. Entries on behalf of third parties are not permitted.
The Participant may not transfer to third parties any rights or obligations related to participation in the Competition, including the right to a prize (unless the Rules provide otherwise).

§3. The course of the competition and the competition task

The Competition will have several editions: The fifth edition of the Competition will last: from September 26, 2022 (Monday) from 12:00 to September 29, 2022 (Thursday) until 23:59 Polish time.
The competition task is to complete the following statement: " Which of our products would you take to a desert island and why? You can only choose one! ” (hereinafter referred to as the “Competition Task”). The text of the response to the Competition Task cannot be longer than 1000 characters. The response to the Competition Task should be placed in a dedicated field, which can be found in: the application form (Typeform) provided by the Organizer, which is located, among others, at https://yourkaya.typeform.com/to/f13HjfmK . After placing the response to the Competition Task in the aforementioned dedicated form, it should be approved and sent to the Organizer by clicking the “OK” button.
Only Participants who complete the Competition Task during the Competition (individual editions) will take part in the Competition. A Participant may take part in each edition of the Competition only once.
The Participant may provide only one answer to the Contest Task. In the event of sending more than one answer, the Organizer will only take into account the first answer provided by the Participant to the Contest Task.
The response to the Competition Task must not be vulgar, offensive or violate the rights of third parties or the principles of social coexistence.
The Organizer reserves the right not to include in the Competition answers that:
1. do not meet the conditions described in the Regulations or are reported in breach of the provisions of the Regulations;
2. are vulgar, offensive, propagandistic, contain pornographic content or promote hatred in any way on racial, ethnic or religious grounds or discriminate against social groups or are in any way contrary to applicable law or the principles of social coexistence;
3. violates any third party rights, including in particular intellectual property rights or personal rights;
4. contain advertising content (this does not apply to advertising content relating to the Organizer).
The Organizer reserves the right not to take into account in the Competition responses to the Competition Task that were submitted by persons not acting on their own behalf, but by third parties.

§4. Prizes

The prizes in the Competition (hereinafter referred to as "Prizes") are:
1. The 1st degree prize for the person who took 1st place is a "Golden Ticket", which is a voucher with a nominal value of PLN 1,000, issued to the bearer and enabling the Winner who took 1st place to use it in one of the indicated places, the list of which is available below or at the link: https://yourkaya.pl/p/golden-ticket (hereinafter: "GT List"). The Organizer indicates that the GT List may change in special cases for reasons beyond the Organizer's control, in particular in the event of closure or liquidation of any of the stores, service salons or other business entities or foundations indicated on the above list. GT List:
  - Joy in me
  - Chylak
  - The Odder Side
  - Slowhop
  - Westwing
2. The choice of the specific place where the Golden Ticket will be redeemed is up to the Winner of the 1st Prize. The Golden Ticket entitles the Winner who took 1st place to redeem a voucher worth PLN 1,000 in one of the places indicated on the GT List selected by the aforementioned Winner on the principles described in the Regulations and in accordance with the requirements in force at the selected place of redemption of the Golden Ticket voucher. In the event that the value of goods/services/benefits purchased using the Golden Ticket is higher than the value of the Golden Ticket, the Winner will be obliged to pay the difference. The winner can choose the place of self-defense course independently. The course cannot exceed PLN 1,000. The place of course must make payments by bank transfer or online payment, and also issue a VAT invoice.
3. Second degree prizes for the three people who took the next places in the Competition (Winners), i.e. 2nd, 3rd and 4th place – consist of: a necklace with a drop made of 925 silver, gold-plated with 24k gold by ANIMALKINGDOM, worth PLN 119.
The Organizer informs that the entities indicated on the GT List are not partners of the Competition, and the Organizer is the sole sponsor of the Prizes.
The Competition winners are not entitled to:
1. exchange the Prize for a prize of another kind or
2. demand payment of the cash equivalent of the Prize as well as
3. transfer the right to receive the Prize to a third party (unless the Regulations provide otherwise).
Each of the Competition Winners has the right to waive the Prize by sending the Organizer an appropriate written declaration of waiver of the Prize. For the avoidance of doubt, in the event of the Winner waiving the Prize, paragraph 3 above shall apply. In such a situation, the Prize remains at the Organizer's exclusive disposal.

§5. Contest results and awarding of prizes

The responses to the Contest Task will be subject to evaluation by a Committee appointed by the Organizer (hereinafter: "Contest Committee"). The Contest Committee will consist of three representatives of the Organizer. The Contest Committee's tasks will also include ensuring the proper conduct of the Contest, making decisions on all matters concerning the Contest (formal and substantive), evaluating the responses to the Contest Task and selecting the Participants who have met the conditions for participation in the Contest and who will be awarded the Prizes ("Winners"). The Committee's decisions are final, which does not deprive the Participant of the right to pursue claims arising from applicable law.
After the end of a given edition of the Contest, the Contest Committee will evaluate the responses to the Contest Task submitted by the Participants and select the Participants who, in the opinion of the Committee, performed the Contest Task best. The criterion for selecting the Winners by the Contest Committee is the originality and creativity of the Contest response. If, in the opinion of the Organizer, the Contest responses do not meet the condition of originality and creativity, the Organizer reserves the right not to award the Prize.
A Participant may be excluded from the Competition at any time if the Competition Committee finds that he or she does not meet the formal requirements described in the Regulations or otherwise violates the Regulations, applicable legal provisions, good customs or the rights or goods of third parties.
In one edition of the Competition, a Participant may receive the Prize only once.
The winners of the Competition (referred to in the Rules as: "Winner" or "Winners") will be selected by the Competition Committee within the time specified in point 6.
The Contest results will be announced on the following dates: Fifth edition of the Contest: on 9/10/2022 (Sunday) at 8:00 p.m. and will take place on the @yourkaya profile on Instagram ( https://www.instagram.com/yourkaya/?hl=pl ). The announcement will be published in a highlighted story (Stories Highlights), where the Winners will be named and the winning Contest Answers may be published.
The Organizer will contact the Winners of the Competition by e-mail in order to verify and confirm the Participant's participation in the Competition, provide data by the Participant in order to verify compliance with the conditions of participation in the Competition and determine the conditions for issuing the Prizes (including, if necessary, providing data such as: first name, last name, e-mail address, correspondence address in the territory of the Republic of Poland and other data necessary to settle the appropriate tax in accordance with applicable law, if necessary, such as: PESEL number, residential address, address of the appropriate Tax Office and, in the case of winning the Golden Ticket, indicating the place of redemption of the voucher chosen by the Winner. The condition for receiving the Prize is that the Winner provides the Organizer with the information necessary to deliver the Prize, including the information referred to in the previous sentence, within 7 days from the date of sending the e-mail by the Organizer about the win. In the event that the Winner cannot be notified of winning the Prize or the Winner fails to contact them or does not provide the data required to deliver the Prize within the specified time and on the terms specified in this section, the Winner loses the right to the Prize. In such a case, the Competition Committee may choose the next Participant receiving the Prize and contact him/her by repeating the winning notification procedure specified in these Rules or decide to forfeit the Prize.
The Organiser shall not be liable for failure to deliver the Prize to the Winner if the impossibility of delivering the Prize resulted solely from the Participant’s failure to provide the data required for delivery of the Prize or providing incorrect data or data inconsistent with the Rules.
The Prizes will be sent to the Winners at the Organizer's expense, once, to the address indicated by the Winner in the territory of the Republic of Poland within 20 days from the date of sending by the Winner, in response to the e-mail notifying about the awarded Prize, all required data enabling the sending of the Prize. If the Golden Ticket or another prize is sent to the Winner via e-mail correspondence, the logs from the Organizer's server, confirming the transfer of the prize to the server appropriate for the Winner's e-mail address, will also constitute the protocol of the transfer of the Prize to the Winner.
In cases where the Organizer is responsible for collecting and paying to the appropriate tax office flat-rate income tax on the value of the prize (prizes), each Contest Winner will be awarded an additional cash prize to cover the tax due on the Contest win, which will be transferred in full by the Organizer to the appropriate tax office as payment of this tax. In the situation described in the previous sentence, the Winner cannot demand the issuance of an additional cash prize (the aforementioned additional prize serves only to cover the income tax due on the value of the given prize).

§6. Rights to respond to the competition task

By taking part in the Competition and submitting a response to the Competition Task, the Competition Participant declares and warrants that:
1. he/she has exclusive and unlimited intellectual property rights, including copyright, to the responses submitted;
2. the response to the Competition Task is a manifestation of his/her own individual creativity of an original nature and is free from legal defects and claims of third parties and has not been published anywhere before;
3. the response to the Competition Task does not violate any rights or goods of the Organizer, third parties and entities, in particular their property and personal copyrights and personal rights.
If any statement of the Participant referred to in paragraph 1 above proves to be untrue, i.e. inconsistent with the factual or legal status or misleading, in the event of any claims by third parties, the Participant who sent the answer to the Competition Task shall be solely and fully liable, and shall also undertake to cover all damages incurred by the Organizer in connection with this fact. Regardless of the above, such Participant shall be disqualified from the Competition, and the Organizer may oblige him to immediately return the Prize awarded by the Organizer.
The Organizer reserves - at the time of issuing the Prize - the acquisition of a non-exclusive license to each answer to the Competition Task awarded in the Competition, and therefore each Winner grants the Organizer, without territorial and time restrictions, a transferable and royalty-free license to answer the Winner's Competition Task or part thereof, including to create adaptations of the answer to the Winner's Competition Task, in all fields of exploitation known at the time of the Winner's participation in the Competition, including those specified in Art. 50 of the Act of 4 February 1994 on copyright and related rights, and in particular the Organizer is entitled to use the answer to the Winner's Competition Task, parts thereof and adaptations, as well as to distribute the answer to the Winner's Competition Task, parts thereof and adaptations, and to collect remuneration for this, in the following fields of exploitation:
1. in the scope of recording and reproduction (including fragments and adaptations freely selected by the Organizer) - production by means of all techniques, including magnetic recording, photosensitive, audiovisual, digital, optical, printing and computer techniques, regardless of the recording format and carrier, size, form, technique, binding, type and method of distribution or publication;
2. displaying, reproducing, screening and broadcasting via telecommunications links, in particular the Internet and radio and television signals, both by radio, cable and satellite, and via any advertising and information media, including printed, digital and analogue media;
3. in the scope of trade - introduction to trade; rental, lease, lending, exchange with third parties in the country and abroad;
4. entering into computer memory, temporary and permanent recording and copying of such records; archiving of records;
5. in terms of distribution in a manner other than that specified above - making them publicly available in such a way that anyone can have access to them at a place and time of their choosing; on the Internet, in other telephone, teleinformatic, multimedia and computer networks; interactive use; making them available via streaming media;
6. public performance or reproduction, display at open and closed events, ticketed and unticketed, regardless of the type and size of the audience;
7. use in whole or in part, including as part of compilations or combinations, in various modified and shortened versions, divided into parts, in versions with a change of sequence and in versions synchronised with a changed sound, illustration or information layer; use in multimedia works;
8. use of sayings, slogans, slogans, situations, patterns, signs, events and other characteristic elements and motifs and materials;
9. filing and registering in whole or in part, in combination, any trademark or other distinctive mark in Polish, international or EU offices or institutions, regardless of the procedure, mode or class - for all goods or services or entity designations and using such designations to the full extent;
10. use in marketing, promotional and advertising messages of any kind, including television, radio, press, street and internet advertising; the above law regarding advertising, marketing and promotion covers goods and services of all kinds;
11. exercising the dependent right, i.e. the right to express consent to the creation and use of the works, as well as to dispose of them - in particular the right to make changes and modifications, abbreviations, changes and replacement of individual layers or elements and other modifications, combining with other works, images, performances, texts, descriptions or materials and to use and dispose of these works to the full extent. The Organizer is entitled, in particular, to supplement the answers to the Winner's Competition Task with advertising slogans and slogans, trademarks, commercial information, etc. and to use such modifications to the full extent at the Organizer's discretion, including in the fields of exploitation indicated in this section;
12. introducing any changes and modifications to the Winner's Competition Task response, including for the purpose of their use by the Organizer or an entity indicated by the Organizer as part of any promotional or advertising activities
(hereinafter referred to as the "License").

The License also includes the right to grant sublicenses and the right to exercise and authorize the exercise of dependent rights, in particular to perform adaptations and any modifications to the Winner's Competition Task. The Winner undertakes not to revoke the License.
The Organizer reserves the right to use free of charge (without territorial or time restrictions) the Participant's, including each Winner's, response to the Competition Task for the purposes of conducting the Competition and providing information about the Competition, the Winners and the responses to the Competition Task, in particular to disseminate the Participant's response to the Competition Task or fragments thereof, including for the purpose of information about the victory. The Participant, including the Winner, is not entitled to remuneration for such use of the response to the Competition Task or fragments thereof.
The Organizer and each Participant or Winner may enter into an agreement to acquire an appropriate, free license to the awarded Competition Task without time and territorial limits, including under the conditions specified in the above-mentioned sections (including section 3 above) of this paragraph.

§7. Complaints

The right to file complaints regarding the Contest, including those related to the course and organization of the Contest, is granted to each Contest Participant. Complaints should be filed in writing to ul. Bagatela 10/8, 00-585 Warsaw or electronically in an e-mail message to kontakt@yourkaya.com
The Organizer recommends that in the complaint, the Participant provides their contact details, details regarding the subject of the complaint and a description of the irregularities that have occurred, as well as their requests in connection with the complaint submitted. The requirements specified in the previous sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended description of the complaint. The Organizer will respond to the complaint immediately, but no later than within 14 days of its receipt. If the complaint requires supplementation, the Organizer will ask the Participant to supplement it and inform them of the new time for its consideration.
The use of the complaints procedure does not exclude other rights of the Contest Participant under applicable law.

§8. Personal data

The administrator of the personal data of the Participants is the Organizer (referred to in this section of the Regulations as the "Administrator"). The Administrator can be contacted regarding the processing of personal data via e-mail: kontakt@yourkaya.com, as well as in writing to the Administrator's address: ul. Bagatela 10/8, 00-585 Warsaw.
The personal data of the Contest Participant (name, surname, correspondence address - if applicable, telephone number, e-mail address, any other data of the Participant necessary for tax settlements carried out by the Organizer - if applicable) will be processed for the purposes of:
1. related to participation in the Competition on the basis of the legitimate interest of the Administrator (Article 6, paragraph 1, letter f of the GDPR), which is in particular ensuring the possibility of participating in the Competition, fulfilling the obligations resulting from the promise made, such as, among others, evaluating the responses to the Competition Task, selecting the Winner, ensuring contact with the Participants, including the Winners or delivering the Prize, defending rights and pursuing possible claims, and may also be processed on the basis of consent (Article 6, paragraph 1, letter a of the GDPR), which the Participant expressed when registering for the Competition, in particular for the purpose of publishing the responses to the Competition Task and the results of the Competition;
2. considering any complaints and grievances – the data are processed by the Administrator due to the need to fulfil the legal obligation (based on art. 6 sec. 1 letter c of the GDPR) for the time necessary to carry out the complaint procedure. After completing the above activities, the Administrator may process the personal data provided by the Participant in order to archive the documentation and demonstrate the course of the complaint procedure in the future based on the legitimate interest of the Administrator (art. 6 sec. 1 letter f of the GDPR);
3. fulfilling obligations arising from legal provisions, including tax law and accounting regulations (Article 6, paragraph 1, letter c of the GDPR)
The personal data of the Contest Participants may be transferred to entities such as: entities providing courier services, postal operators, service providers providing logistics services, entities providing the Instagram or Facebook platform used to inform about the Contest, payment service providers, IT service providers, law firms and companies, marketing, hosting, telecommunications, customer service, entities associated with the Administrator, accounting, financial and control service providers, advisory service providers. In addition, the Winner's personal data may also be disclosed to tax authorities to the extent necessary for the implementation of the Contest and awarding the Prizes.
The Organizer cooperates with entities that have their registered offices in the European Economic Area (hereinafter referred to as the "EEA") and, as a rule, does not transfer data to a third country or international organization. However, the personal data of the Contest Participants - if necessary - may be processed outside the EEA only if:
1. the destination country ensures an adequate level of protection of personal data to that applicable in the European Union; or
2. The Administrator has concluded or the Administrator's subcontractor has concluded an agreement based on standard contractual clauses or they have implemented another mechanism that, in accordance with the law, legalizes the transfer of data to a third country
The personal data of Participants, including the Winner, will be stored until the expiry of the limitation period for claims arising from the provisions of the Act of 23 April 1964 – the Civil Code, for the period required by the provisions of the Act of 29 September 1994 on Accounting and for the limitation period for tax liabilities arising from the Act of 29 August 1997 – the Tax Ordinance.
In cases specified by the provisions of applicable law, the Contest Participants have the right to request the Administrator to provide access to their data, as well as to rectify, delete or limit the processing of personal data, as well as the right to object to the processing and the right to transfer data. The Contest Participants also have the right to lodge a complaint with the President of the Personal Data Protection Office or another competent supervisory body dealing with the protection of personal data, if they consider that the processing of personal data by the Administrator violates the provisions of the law.
Providing personal data is voluntary. The consequence of not providing personal data is the inability to participate in the Contest. In the event that the Administrator processes the personal data of Participants based on consent, the Participant has the right to withdraw consent at any time, however, this will not affect the processing of personal data that was carried out before the withdrawal of consent.
Personal data will not be profiled and decisions will not be made in an automated manner.

§9. Final provisions

The Competition Rules are available during the Competition via the public Internet telecommunications network at the following URL address: https://yourkaya.pl/p/regulamin-golden-ticket- and at the Organizer's registered office.
Any additional information about the Competition can be obtained by Participants via e-mail sent to the following address: kontakt@yourkaya.com
The Organizer declares that the Competition is not a game of chance, a raffle, a mutual bet, a promotional lottery, a game whose outcome depends on chance, or any other form provided for in the Gambling Act of 19 November 2009.
The Organizer is the administrator of the personal data of the Contest Participants. Detailed rules regarding the processing of personal data by the Organizer are regulated in these Regulations in § 8 above and in the Privacy Policy at: https://yourkaya.pl/privacy-policy
The Organizer reserves the right not to be liable for any damages incurred by the Participant resulting from the Participant's conduct that is contrary to the provisions of the Regulations, generally applicable provisions of law, principles of social coexistence or good customs.
The competition is organised in accordance with Polish law and in Polish.
The Organizer reserves the right, to the fullest extent permitted by generally applicable law, to introduce changes to these Regulations for important reasons, such as in particular: the requirement to adapt the provisions of the Regulations to changes in the provisions of applicable law or changes in the interpretation of the provisions of applicable law as a result of court decisions, decisions, recommendations of relevant offices or bodies, preventing violations of the law or violations of these Regulations, changing the method of conducting the Competition, due to technical or technological reasons, improving the service for Participants, the need to remove errors and/or typographical errors in the content of the Regulations, changing the Organizer's data (including contact details, names, e-mail addresses, updating links included in the content of the Regulations). The changes introduced will not violate the acquired rights of the Participants of the Competition.
In matters not regulated in these Regulations, the generally applicable provisions of Polish law, including the Civil Code, shall apply.