Voluum x iCon Tickets Giveaway Contest T&C

TERMS & CONDITIONS OF THE Voluum x iCon Tickets Giveaway CONTEST organized by Commerce Media Tech Spółka z ograniczoną odpowiedzialnością with its registered office in Krakow

Section 1
General provisions

1. The Contest is organized by Commerce Media Tech sp. z o.o., with a registered office at ul. Lubicz 17G, 31-503 Kraków, Poland incorporated under the laws of Poland and registered in the companies register of the National Court Register held by District Court Krakow – Srodmiescie in Cracow XI Commercial Division (Sąd Rejonowy dla Krakowa – Śródmieścia w Krakowie XI Wydział Gospodarczy) under (KRS) no. 0000830352, having EU VAT ID: PL5272922087 and the share capital in the amount of 5 000 PLN, also referred to as: “the Organizer”, “Commerce Media Tech” or “the Controller”. Commerce Media Tech is also a founder of the Prize.

2. The Contest starts on April 26th, 2024, and ends on May 20th, 2024.

3. The Contest will be held by the Organizer on the terms set out in these Terms & Conditions (available for download here: https://voluum.com/icon-tickets-terms-and-conditions/). By participating in the Contest, the Participant accepts the conditions stated herein. Supervision over the correctness of the course of the Contest, as well as the collection and keeping of the Contest’s documentation, is maintained by Commerce Media Tech.

4. Information clause regarding the processing of Participant’s personal data is an integral part of these Terms & Conditions (Section 6).

5. The Contest is conducted in compliance with the rules on the protection of personal data in accordance with the provisions of the Act of 10 May 2018 on the Protection of Personal Data and taking into account the provisions of the Regulation (EU) 2016/697 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as also as: “the GDPR”.

6. The purpose of the Contest is to promote Commerce Media Tech and the services provided by Commerce Media Tech.

7. The Contest is not a game of chance, in particular, it is not a raffle, a promotional lottery or a mutual bet within the meaning of the Gambling Act of 19 November 2009.

8. The Contest is also not related to promotional campaigns and other competitions organized by Commerce Media Tech.

9. The number of Participants in the Contest is unlimited.

10. Participation in the Contest is voluntary and free.

11. Glossary of terms:

1) Application – Participant’s declaration of entry to the Contest, as stated in Section 2 of these Terms & Conditions,

2) Advertising Slogan – a short phrase that advertises the Voluum Platform created by the Participant according to rules set out by these Terms & Conditions.

3) Contest Commission – a body which represents the Organizer for the duration of the Contest, especially in matters concerning conducting the Contest, supervising the proper course of the Contest and Prizes’ awarding, consisting of the persons stated in Section 9 of these Terms & Conditions,

4) Participant – shall mean a person or an entity qualified to the Contest by the Organizer after fulfilling the conditions set out in these Terms & Conditions, in particular in Sections 2 and 3 of these Terms & Conditions and not excluded from the Contest before its end,

5) Personal Data – any information which is related to an identified or identifiable natural person.

6) Prize – one of the prizes specified in Section 4 point 1 of these Terms & Conditions,

7) Winner – a Participant that acquires the right to the Prize pursuant to these Terms & Conditions

Section 2
Participation in the Contest

1. The Participant of the Contest, subject to the further provisions of this Section, shall only be an individual who is at least 18 years old with full legal capacity or a legal person (e.g. a company). The Participant may be the Client of Commerce Media Tech already.

2. Participation in the Contest is voluntary. By filling out the Application, the Participant expresses willingness to participate in the Contest and accepts these Terms & Conditions. The withdrawal of consent to participate in the Contest causes the exclusion of the Participant from the Contest. The Participant may withdraw their consent at any time.

3. The Participant shall also agree to the processing of their personal data for the purposes of conducting the Contest throughout the duration of the Contest until the Winners are determined (including the video and voice recording).

4. Commerce Media Tech’s employees, persons providing services for Commerce Media Tech on the basis of the civil law contracts, members of these employees’ and persons’ families (up to the third degree of consanguinity) including ascendants, descendants, siblings, spouses, spouses’ siblings and persons in a relationship of adoption, as well as persons remaining in civil partnerships, shall not be participants in the Contest and are not eligible to enter the Contest.

5. In the event of a justified suspicion of fraud, infringement of third-party copyrights or other rights of third parties and in the event of other violations of these Terms and Conditions, the Organizer may decide to disqualify the Participant.

Section 3
Contest rules

1. The Participant shall provide the Organizer with the Advertising Slogan with an answer completing the sentence “Voluum Tracker is great, because…”, created by the Participant in the form of a short, recorded video. The video has to be posted on Participant’s LinkedIn. The Participant declares that, to the best of their knowledge, all the statements recorded in their video do not infringe the rights of any third party. The Participant shall accept the provisions of Terms and Conditions stated herein, read information clauses regarding research and express the necessary consents to the processing of the Personal Data.

2. After following the steps above, the Participant must tag his LinkedIn post with Voluum – @Voluum (https://www.linkedin.com/company/voluum/) and Island Conference (i-Con) – @Island Conference / i-Con (https://www.linkedin.com/company/islandconference-i-con/)

3. Failure to comply with any of the formalities referred to in points 1-3 above means that the Participant’s Application cannot be qualified for the Contest.

4. Throughout the duration of the Contest, the Participant cannot withdraw the consents given voluntarily to the processing of their Personal Data. If the consent is withdrawn, the Participant shall be disqualified.

5. The Contest Commission decides about awarding the Prize. The Contest Commission shall select the Winners taking into account their creativity and inventiveness as well as the aesthetics of provided video.

6. The Winners of the Contest will be notified about the Prize by the email.

Section 4
The Prize and the rules of its awarding

1. The Competition provides for a Prize for the Winner selected in the manner indicated in Section 3:

1) entry ticket to Island Conference/i-Con 30-31 May 2024 – for the 1st place;

2) entry ticket to Island Conference/i-Con 30-31 May 2024 – for the 2nd place;

3) entry ticket to Island Conference/i-Con 30-31 May 2024 – for the 3rd place.

2. The Winner is not entitled to exchange the Prize for another type of prize, in particular, the Winner is not entitled to exchange the Prize for cash.

3. The Winner may waive the Prize, but will not be entitled to a cash equivalent or any other award in return.

4. By collecting the prize the Participant confirms that, to the best of their knowledge, all the statements recorded in their video do not infringe the rights of any third party and that the Participant accepted the provisions of Terms and Conditions stated herein, read information clauses regarding research and expressed the necessary consents to the processing of the Personal Data.

5. The Prizes will be provided in accordance with the applicable tax regulations.

6. The Organizer may grant the Winner an additional cash prize of 11.11% of the Prize’s value. This additional cash prize will be used to pay the lump-sum tax on prizes (tax on both the main Prize and the additional cash prize) and will be remitted by the Organizer to the appropriate Tax Office. The Organizer will then deduct 10% of the value of each Prize as a lump-sum tax on prizes, as referred to in Article 30(1)(2) of the Personal Income Tax Act of July 26, 1991 (Journal of Laws of 2019, item 1387).

7. Winners being legal entities (e.g companies) shall pay an appropriate tax on Prizes on their own according to applicable tax regulations.

Section 5

1. Complaints regarding the Contest should be sent to the Organizer’s address: Commerce Media Tech sp. z o.o., with a registered office at ul. Lubicz 17G, 31-503 Kraków, Poland.

2. Complaints shall be submitted only in writing, together with a description of the complaint, its detailed justification and the Participant’s first name, last name and the email address. If the data or information provided in the complaint needs to be completed, before considering the complaint, the Organizer will ask the Participant lodging the complaint to provide necessary information.

3. Complaints regarding the course of the Contest should be submitted no later than 7 days from the date on which the complaint is based.

4. Complaints related to the Contest will be resolved by the Contest Commission.

5. The deadline for considering the complaint is 14 days from the date of receipt of the complaint by the Organizer.

6. The person submitting the complaint will be notified of the method of handling the complaint by email sent to the address provided in the complaint. The Participant has the right to pursue claims in court.

Section 6
Protection of the Participant’s personal data

1. The Controller of Personal Data of the Participants is Commerce Media Tech.

2. The contact details of the Controller’s Data Protection Officer are: [email protected].

3. Personal Data of Participants will be processed for the following purposes:

1) as necessary to carry out the Contest, maintain contact with Participants, inform about the results and issue the Prize – the legal grounds for the processing will be the consent of Participant (Article 6.1(a) of the GDPR);

2) to exercise the Organizer’s rights under the copyright transfer of Advertising Slogan – the legal grounds for the processing will be concluded Terms and Conditions (Article 6.1(b) of the GDPR);

3) to comply with Organizer’s legal obligations resulting from generally applicable regulations, including in particular the provisions of accounting and tax law (if applicable) – the legal grounds for the processing will be compliance with Controller’s legal obligation (Article 6.1(c) of the GDPR);

4) to establish or pursue claims or defend against claims – the legal grounds for the processing will be a legitimate interest of the Controller (Article 6.1(f) of the GDPR).

4. Personal Data may be provided to trusted parties acting on behalf of the Controller in the organization of the Contest and processing the image and voice of the Participant, in particular: suppliers of information systems and IT services, accounting companies, tax advisors and providers of legal services.

5. Personal data of Participants may be transferred to a country outside of the European Economic Area (EEA) based on a decision of the European Commission, stating that a third country may be considered as providing an adequate level of data protection or based on Standard Contractual Clauses approved by the European Commission (Implementing Decision 914/2021/EU on standard contractual clauses for the transfer of personal data to third countries pursuant Regulation (EU) 679/2016).

6. Personal data of Participants will be processed for the duration of the Contest and time to file a complaint according to Section 5. The processing period may each time be extended by a period of limitation of the claims if the processing of personal data is necessary for the Controller to pursue any claims or defend against such claims. After such a period, data will be processed only to the extent and for the time required by regulations, including but not limited to accounting and tax regulations.

7. Participant has the right to:

1) confirm whether their personal data is processed and the right to obtain access to it,

2) obtain copies of processed personal data,

3) rectify inaccurate personal data and the right to have incomplete personal data completed,

4) erase personal data – “right to be forgotten”,

5) have the processing of personal data restricted,

6) personal data portability,

7) object to the processing of personal data.

8) withdraw consent – the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal,

8. The Participant may exercise the abovementioned rights by contacting the Controller’s Data Protection Officer at the following email address: [email protected].

9. The Participant has also the right to submit a complaint to the competent supervisory authority at any time in the event of a breach of rights regarding the processing of personal data. The competent supervisory authority for the Organizer is the Bureau of the President of the Personal Data Protection Office (PUODO), address: u. Stawki 2, 00-193 Warsaw, Poland.

10. Provision of data is voluntary, but it is required in order to take part in the Contest, including to receive a Prize, if any.

Section 7
Transfer of Copyright to the Advertising Slogan

1. The Participant represents that the Advertising Slogan will be created by themselves and that the Participant will have exclusive copyright and moral right to the work within the meaning of the Act of February 4, 1994 on copyright and related rights.

2. The Advertising Slogan shall not violate the applicable laws, generally accepted moral norms (in particular, this applies to content commonly considered vulgar and offensive to the feelings of other people, including religious ones, as well as content presenting violence or racist themes). The Advertising Slogan shall not infringe personal rights and third party rights, and in particular the copyright and related rights of these persons and the right to privacy.

3. At the moment of sharing the Advertising Slogan with the Organizer, the Participant assign copyright to it on the Organizer, on all know fields of exploitation, in particular:

1) in the scope of fixation by any technique including digital technique,

2) in the scope of reproduction by any technique, in particular: light-sensitive, magnetic, audio visual, digital (on any system or on any data carriers), optical printing in any form, any computer recording technique,

3) in the scope of exploitation, in whole or in part, in the on-line network, including the entry into the computer memory and/or dissemination in the multimedia network, including the Internet and or making available in digital form in an unlimited number of transmission and in an amount of editions,

4) in the scope of making it available to the publicly, in the way that everyone can have access to it in a place and time individually chosen by everyone (such as the Internet or intranet, or any other communications network),

5) in the scope of dissemination of the work – in print form or digital form, in any number of counterparts and sharing in closed computer networks or in limited access computer network, reproduction by photocopying, slides, reproductions of computer, publishing part or in full,

6) in the scope of trading originals or copies on which the work has been recorded – distribution, lending or lease of the original or copies.

4. The assignment of aforementioned rights shall be unconditional without any time or subject limits, in particular territorial ones.

5. The Participant agrees and authorizes Commerce Media Tech to make any changes, alternations, additions and other modifications to the Advertising Slogan, directly by itself or by third parties at the Commerce Media Tech’s request. All rights, including copyright to such derivative works shall be entitled to Commerce Media Tech. Commerce Media Tech may authorize other entities in this abovementioned area.

6. The Participant authorizes Commerce Media Tech to exercise their moral rights.

7. The Participant agrees that the Organizer is not obliged to distribute Advertising Slogan provided by the Participant.

Section 8

1. The Participant agrees to safeguard and, except the Organizer’s written consent, not to disclose to anyone any proprietary or confidential information acquired in relation to Contest and especially during performance of the task assigned by the Organizer. Such information includes, without limitation, operation of Commerce Media Tech’s Platforms, its functionalities, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds (hereinafter referred to as “Confidential Information”). The Confidential Information also includes all documents, trade and technical information, technical/commercial/financial/other know-hows, trade secrets, materials, products, relevant software materials, tools, graphic communications, specifications, user manuals, drawings, electronic and other information related to Commerce Media Tech’s activities, to which the Participant may get access in connection with participating in the Contest. Notwithstanding the foregoing, Confidential Information shall not include information or material that (i) is publicly available or becomes publicly available through no action or fault of the Participant, (ii) was already in the Participant’s possession or known to the the Participant prior to being disclosed or provided to it by or on behalf of the other party, provided, that, the source of such information or material was not bound by a contractual, legal or fiduciary obligation of confidentiality to Commerce Media Tech or any other party with respect thereto, (iii) was or is obtained by the Participant from a third party, provided, that, such third party was not bound by a contractual, legal or fiduciary obligation of confidentiality to Commerce Media Tech or any other party with respect to such information or material, or (iv) is independently developed by the Participant without reference to the Confidential Information.

2. The Participant shall not sell, transfer, publish, disclose, display, or otherwise make available any portion of the Confidential Information to others except as expressly provided for herein. The Participant agrees to secure and protect the Confidential Information in a manner consistent with the maintenance of Commerce Media Tech’s rights therein. The Participant shall use its best efforts to assist Commerce Media Tech in identifying and preventing any unauthorized access, use, copying, or disclosure of the Confidential Information, or any component thereof, or any of the

algorithms or logic contained therein. Without limitation of the foregoing, the Participant shall advise Commerce Media Tech immediately in the event the Participant learns or has reason to believe that any person to whom the Participant has given access to Confidential Information has violated or intends to violate the confidentiality of the Confidential Information or any other the proprietary rights of Commerce Media Tech. The Participant agrees to maintain the confidentiality of Commerce Media Tech’s Confidential Information using at least as great a degree of care as the Participant uses to maintain the confidentiality of the Participant’s own most confidential information (and in no event less than a reasonable degree of care).

3. The disclosure of the Confidential Information is not a breach of these Terms and Conditions if it was made due to the demand of common courts, administrative courts, public authorities due to the obligation stipulated by the provisions of applicable law and the Participant notifies Commerce Media Tech immediately about this obligation and in any case before the disclosure and discloses the Confidential Information only in the least possible extent.

4. The Participant is obliged to keep confidentiality of the Confidential Information during the Term of the Contest and for 5 (five) years after its termination.

5. If the Participant is bound by a broader scope of confidentiality obligations in relation to Commerce Media Tech, this broader scope of obligation shall prevail.

Section 9
Final provisions

1. The correctness of the Contest will be supervised by the Contest Commission consisting of the Commerce Media Tech’s employees: Kamila Łuksza-Szpyt and Marcin Kumięga.

2. Additional information about the Contest is provided by the Organizer at the email address: [email protected].

3. The Organizer reserves the right to exclude from participation in the Contest the Applications that are incomplete or inconsistent with these Terms & Conditions.

4. The Organizer reserves the right to decide to exclude the Participant from participation in the Contest in the event of breach by the Participant of applicable law, the provisions of these Terms & Conditions or good manners as well as those Participants who were otherwise illegally attempting to influence the course or outcome of the Contest. The Organizer is entitled to deprive the Participant of the title or Prize obtained in the Contest, in the event of the Participant’s conduct that violates decency or jeopardizes the good name, image, reputation or interests of other entities, including Commerce Media Tech. In special situations, the Organizer reserves the right to terminate the Contest.

5. In the cases referred to in Section 9 point 4 above, the Participant loses the right to receive the Prize.

6. Polish law is applicable to these Terms & Conditions.

7. Any disputes related to the course of the Contest, which the parties cannot resolve amicably, shall be brought and maintained exclusively in the court in Kraków competent for Commerce Media Tech’s registered office, unless the Participant has the rights of a consumer in which case the Code of Civil Procedure’s provisions shall apply.

8. In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the Act of 26 July 1991 on Personal Income Tax, the Act of 15 February 1992 on Corporate Income Tax, the Act of 4 February 1994 on Copyright and Related Rights and other applicable laws shall apply.

9. The Organizer reserves the right to change the Terms & Conditions during the Contest with good reasons. The changes come into force on the day on which the new version of the Terms & Conditions is published on the website: https://voluum.com/icon-tickets-terms-and-conditions/ but not earlier than 14 days after notifying the Participants.

10. Terms & Conditions shall enter into force on April 26th, 2024