Clause 1. Definitions
For the purpose of these Regulations the terms and expressions as referred to in Clause 1 shall be defined as follows:
⦁ Organiser - ACCENTURE Sp. z o.o. with its registered office in Warsaw (00-121) at ul. Sienna 39, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court of Warsaw in Warsaw, 12th Economic Division of the National Court Register, under No KRS: 0000019271, REGON No: 010360920, Tax No: 5260015900, with the share capital of PLN 50,000.00 (contributed in whole).
⦁ Application - the Organiser’s mobile software designed for the Smartphone that complies with the terms and conditions specified by the Organiser in separate documents, id est in technical requirements.
⦁ Promotional Campaign - the promotional campaign organised by the Organiser entitled: “2017 Christmas with Accenture”, the aim of which is to popularise the Organiser’s Application and the mode of its operation, and to acquire for its largest possible group of users, lasting from 28 November 2017, from 00:00:01 a.m. to 31 January 2018, to 11:59:59 p.m.
⦁ Charity Campaign - a charity campaign selected by the Organiser on the day of the Promotional Campaign in favour of which the Organiser shall pay PLN 100.00 for the first photo made available by the Participant on the basis of the terms and conditions as referred to in the Regulations, about which information is available on the website https://______________.
⦁ Participant - an 18 year-old natural person who resides in the Republic of Poland, has full capacity to perform legal acts, and publishes a photo / photos with the Application according to the terms and conditions of the Regulations.
⦁ Regulations - these regulations entitled “Regulations of 2017 Christmas with Accenture Promotional Campaign” governing the rules for conducting the Promotional Campaign available at the Organiser’s registered office and on the Organiser’s website: https://swietawaccenture.pl/regulamin. At the same time, the Regulations shall be sent to the Participant to his / her email address following his / her approval.
⦁ Website - the Organiser’s website available under the domain https://⦁ christmasinaccenture.pl and under the domain https://⦁ swietawaccenture.pl.
⦁ Smartphone - the Participant’s mobile telephone device combining functions of the mobile phone, hand-held computer and camera that enable the Application to be installed on it and that may be used by the Participant in an unlimited way.
Clause 2 Rules for Participating in the Promotional Campaign
⦁ The participation in the Promotional Campaign shall be gratuitous and voluntary. The data transmission may be charged according to the Internet provider’s list of fees and charges applied by the Participant and the Participant shall incur those charges on his / her own.
⦁ To take part in the Promotional Campaign the Participant shall install the Application on the Smartphone and shall approve the Regulations.
⦁ To take part in the Promotional Campaign the Participant shall use the Application installed in the Smartphone to take a photo of the “marker”, id est the image placed on the Christmas box received from the Organiser and showing a Christmas tree, and shall click the “Share” button in the Application to publish the photo on the Organiser’s Website. The Participant’s photo taken with the Application shall be taken with the camera of the Smartphone.
⦁ Before publishing photos on the Organiser’s Website the Participant may take an unlimited number of photos.
⦁ For the first photo made available by the Participant on the Organiser’s Website according to the rules as set forth in section 3 above the Organiser shall pay the Charity Campaign the amount of PLN 100.00.
⦁ The Participant may publish the photo taken with the Application on the Website repeatedly in an unlimited number until the end of the Promotional Campaign but the Organiser shall pay PLN 100.00 to the Charity Campaign only once for the first photo made available by the Participant.
⦁ Following publishing the photo on the Website the Participant may make the photo available on his/her social media profile or on any profile administrated by him / her on the portal Facebook.com according to rules set forth by a competent entity responsible under the terms and conditions of the portal Facebook.com.
⦁ The Participant shall publish a photo / photos on the Organiser’s Website anonymously.
⦁ The photos taken with the Application shall be saved in the memory of the Smartphone. To remove the photo taken with the Application the Participant shall take actions according to the user’s manual of his/her Smartphone.
⦁ The Organiser shall not be obliged to notify the Participant of paying the amount as referred to in section 5 above to the Charity Campaign.
⦁ The Participant shall not have any claims against the Organiser for the payment of the amount as referred to in section 5 above to other organisations and in favour of other charity purposes, the Participant or other purposes.
⦁ The Participant shall not claim the Organiser to hand over to the Participant or other entities any movables the value of which equals to, is greater or lesser than the amount as referred to in section 5 above.
Clause 3 Restrictions
⦁ The Organiser reserves that it shall be prohibited to make available any photos which are illegal and violate general principles and rules of social coexistence, as well as moral and social standards, in particular any content which incites racial, ethnic or religious hatred, has pornographic content, praises fascism, Nazism or communism, propagates violence, offends religious feelings or breaches the rights of others, etc. It shall particularly be prohibited to publish on the Organiser’s Website any photos that in whatever way may violate any third parties’ rights, including any intellectual property rights.
⦁ The Organiser shall reserve the right to immediately remove the photo from the Website as referred to in section 1 above, in particular if it violates the prohibitions as referred to in section 1 above.
⦁ If the Participant makes the photo as referred to in section 1 above available on the Organiser’s Website, the Organiser shall not pay the amount as referred to in Clause 2(5) above to the Charity Campaign.
Clause 4 Copyrights
1. The Participant shall be the exclusive author of the photo and its individual elements under the Act of 4 February 1994 on Copyrights and Related Rights.
2. The publishing of the photo by the Participant on the Organiser’s Website shall be deemed to be the Participant’s statement that the published photo does not violate the applicable laws, any third parties’ rights and any rules of social coexistence.
3. The publishing of the photo by the Participant on the Organiser’s Website shall be deemed to be the Participant’s statement that the published photo is free of any third parties’ rights and claims and that the Participant shall be authorised to use the published photo to the extent of these Regulations.
4. By publishing the photo on the Organiser’s Website the Participant shall grant the Organiser a non-exclusive, gratuitous and territorially unlimited licence for the period of 5 (five) years from the day of taking part in the Promotional Campaign to use the photo in the following fields of exploitation:
in terms of recording and copying the photo and its compilations – using any technique, including printing, reprography, magnetic record and digital technique;
in terms of trading in the original photo and its compilations or copies - marketing, lending or leasing the original photo or its copies;
in terms of disseminating the image and its compilations in a way other than that as set forth in section (a) or (b) - public performance, exhibition, projection, reproduction, making the work available to the public in such a way that everybody could have access to it at a time and place chosen by themselves, broadcasting through terrestrial networks, including satellite networks, multiplex, re-broadcasting, publishing in the press, on the Internet, on posters, including large-format posters, and by means of any other forms of communication, promotion, advertisement, marking and production of the goods;
in terms of using the photo by all means of communication, promotion or advertisement, in particular as an advertisement or promotional material, an element of advertisement or promotional materials such as press notices. external advertisements, advertisement films, radio advertisements, POS materials, on-line publications.
1. The Participant shall not be entitled to the licence fee.
2. The Organiser shall have the right but shall not be obliged to use the photo published by the Participant on the Website for its advertisement and promotional purposes.
3. The Participant shall give consent and authorise the Organiser to exercise any derivative rights to the photo and to dispose of those rights. The Organiser or any person or entity appointed by the Organiser shall have the right to make any necessary changes in and modifications of the photo published on the Website, combine it with other works and to make other changes or to use and dispose of those works, and to allow other people or entities to conduct the aforesaid activities.
4. The Organiser shall have the right to anonymously disseminate the photo published on the Website, the compilation of the image published on the Website, and to decide about the first public display of the photo published on the Website, and supervise the method of using the photo published on the Website.
5. The Participant shall not exercise any moral rights in the photo published on the Website.
6. The Organiser shall not be held liable for any third parties’ claims for the infringement of their rights by the Participant, in particular any copyrights in the photo published on the Website.
7. Upon the Organiser’s request the Participant shall confirm in writing the granting of the licence to the extent of the Regulations.
Clause 5 Protection of Intellectual Property Rights
⦁ Any and all materials, including components of graphics, the layout and composition of the components in the Application, including trademarks and other information shall be covered by the Organiser’s rights.
⦁ The elements as referred to in section 1 above may be covered by the author’s property rights, industrial property rights, including any rights arising from the registration of trademarks and any rights in databases and they shall be legally protected. The download or use to any extent of the materials available in the Application or on the Website shall each time require consent of the authorised person and shall not violate the provisions of the Regulations and the applicable laws and may not violate the Organiser’s rights.
⦁ The Application, the Website and all of their elements shall be protected by law, in particular by the Act of 4 February 1994 on Copyrights and Related Rights and the Fair Competition Act of 16 April 1993.
⦁ It shall be prohibited to copy, modify, disseminate and reproduce, in whole or in part, the content made available by the Organiser in the Application and on the Website.
Clause 6 Personal Data Protection
⦁ The personal data administrator shall be the Organiser, id est ACCENTURE Sp. z o.o. with its registered office in Warsaw, ul. Sienna 39, 00-121 Warsaw.
⦁ Any and all personal data provided by the Participant shall be kept and processed under the Act of 29 August 1997 on Personal Data Protection.
⦁ The Participant’s personal data shall be kept and processed by the Organiser in a way necessary to ensure the correct course of the Promotional Campaign and to consider complaints relating to the Promotional Campaign. The gathered data shall be of an identification nature and shall particularly include information on the telecommunication media used and the date of commencing and finishing the use of the Application.
⦁ The Participants shall voluntarily provide personal data but such data shall be required to participate in the Promotional Campaign.
⦁ The Participant shall have the right to review his / her data at any time to modify them or to request their deletion.
⦁ The Participant may at any time cancel in writing the consent to use and process the personal data.
⦁ Any and all information on the use of the personal data, access to their content, the updating method or the cancellation of consent to use them shall be sent to the Organiser’s e-mail address: email@example.com or to the Organiser’s address by mail: ACCENTURE Sp. z o.o., ul. Sienna 39, 00 – 121 Warszawa.
⦁ The Organiser shall protect the personal data provided by the Participants to the Organiser and shall make every endeavour to protect them against any unauthorised intrusion or use by any unauthorised persons.
⦁ The Application may automatically collect specific information such as a type of the mobile device used, a randomly generated identification number of the device established during the installation, mobile operation, the system and the Participant’s IP address.
⦁ The information collected by the Application shall be anonymous and used only in a collective form and shall be gathered and used by the Organiser according to this section.
⦁ The collection of the information by the Application shall be ceased by de-installing it on the Participant’s Smartphone. When de-installing the Application the Participant may apply standard de-installation processes that may be available as part of the Smartphone or use mobile applications or networks.
⦁ The Organiser shall not gather any data on the Participant’s localisation and on its Smartphone.
Clause 7 Complaints
⦁ The Participant may provide the Organiser with complaints on any and all irregularities concerning the Promotional Campaign, in particular irregularities concerning the course of the Promotional Campaign.
⦁ The Participant may place a complaint electronically by sending an e-mail to the Organiser’s e-mail address: ⦁ firstname.lastname@example.org a written notice to the Organiser’s registered office. ACCENTURE Sp. z o.o., ul. Sienna 39, 00 – 121 Warszawa, with a note “Complaint”.
⦁ In the complaint notice the Participant shall include his / her data: full name, address and description of the problem. The Organiser shall consider the complaint and respond to the Participant within fourteen (14) days.
⦁ The response to the complaint shall be sent to the address for service indicated in the complaint in writing or on a durable medium.
Clause 8 Contact with the Organiser
⦁ The Organiser may contact the Participant:
⦁ by e-mail - by sending an e-mail to the Organiser’s e-mail address: email@example.com,
⦁ by mail - by sending a written notice or on other durable medium according to the Participant’s data: ACCENTURE Sp. z o. o., ul. Sienna 39, 00 - 121 Warszawa.
⦁ Any inquiries, petitions and suggestions pertaining to the Application, in particular to the Regulations may be made by the Participant via the means of contact as referred to in section 1.
Clause 9 Final Provisions
⦁ The Regulations shall be made available to the Participant gratuitously, on the Organiser’s Website under the domain hhtps://swietawaccenture.pl/regulamin in such a way that the Participant may before joining the Promotional Campaign acquire, reproduce, record and store the Regulations by means of the electronic information and communication system applied by the Participant. At the same time, the Regulations shall be sent to the Participant to his / her email address following his / her approval.
⦁ Any matters not regulated herein may be governed by Polish law, in particular the provisions of the Act of 30 May 2014 on Consumer’s Rights, the Act of 23 April 1964 - Civil Code, the Act of 4 February 1994 on Copyrights and Related Rights, the Act of 29 August 1997 on Personal Data Protection, the Unfair Competition Act of 16 April 1993.
⦁ The Regulations shall become effective on 28 November 2017.