GENERAL TERMS AND CONDITIONS OF PROMOTION LOTTERY
"Your city - your voice"
1.1. This promotion lottery, hereinafter the Lottery, is known as „Your city - your voice”
1.2. Definitions:
- Lottery – this promotion lottery known as „Your city - your voice”;
- General Terms and Conditions – these general terms and conditions of the Lottery;
- Citynello System (hereafter also the "System") –an IT system designed to collect and analyse customer feedback on the quality of customer service, services and products in entities taking advantage of the Citynello services (in particular in administration offices, public utilities, service points and other outlets offering services and/or support in dealing with official formalities and/or undertaking official actions) throughout Poland;
- Code – an alphanumeric code that enables access to the Citynello System. The access code to enter the Citynello System is provided at the back of receipts and other documents (including, for example, tickets, coupons, queue number tickets for applicants/clients/customers, in service orders, e-mails, applications) given or made available to applicants/clients/customers in Entities (as described in more detail under (f)) being Citynello Partners, sent by these Entities or otherwise made available to Participants. The Citynello Partner is responsible for the issue or the dispatch of the Codes.
- Lottery ID – a unique alphanumeric string assigned to each entry on the basis of the Code.
- Citynello Partner (hereinafter also the "Partner") – a partner taking advantage of the Citynello System means any legal entity providing services in the territory of Poland (e.g. administration offices, public utilities, service points and other outlets offering services and/or support in dealing with official formalities and/or undertaking official actions ("the outlets") taking advantage of the Citynello System pursuant to a separate agreement or an indirect agreement. The Partner may have one or more Entities where Participants may purchase services that make them eligible for taking part in the Lottery.
- Participant – a person who meets the eligibility criteria set out in item 4.1. of the General Terms and Conditions;
- Customer – a person making the purchase, undertaking official actions, dealing with official formalities or taking advantage of the services at the Partner's Outlet, or at the place where the service is being provided;
- Winner – a person whose Entry, sent in accordance with the General Terms and Conditions of the Lottery, has been drawn in any draw (the daily or the monthly draw);
- Entry – an action taken to join the Lottery via the Internet website at www.citynello.com, by accepting these Terms and Conditions, including the consent to the processing of personal data, and completing a survey, giving one’s personal details and registering the Code received from the Citynello Partner;
- Prizes – 1st and 2nd level prizes, indicated in section 13.1. hereof;
1.3. The purpose of the Lottery is to collect the customer feedback via the Citynello System in exchange for a possibility of winning the Prize by Lottery Participants.
II. Name of Lottery Promoter.
2.1. The Lottery is held by OPINELLO Sp. z o.o., a limited liability company with its registered office in Wrocław, Poland (54-618) at ul. Przedświt 11/1, entered into the Register of Entrepreneurs kept by the District Court for Wrocław Fabryczna in Wrocław, the 9th Commercial Division of the National Court Register under the number KRS 0000627584.
III. Name of Permitting Authority.
3.1. The permission to hold the Lottery called “Your city - your voice” was given by the Head of the Customs Chamber in Wrocław.
IV. Rules of Promotion Lottery Conduct.
4.1. The Lottery is open to any natural person aged 18 years or over, who has full legal capacity or who has a mailing address in Poland, who purchases or uses services and also completes official formalities at the outlets of the Citynello Partners, including as a consumer within the meaning of Article 221 of the Polish Civil Code, that is a natural person who takes a legal act not directly relating to his/her business or professional activity (hereinafter referred to as the “Participant”) and who meets the eligibility criteria set out herein. Individuals who attained 13 years of age (individuals with limited legal capacity) may participate in the Lottery only upon obtaining permission from their statutory representative. Employees of OPINELLO Sp. z o.o., as the Citynello System Operator, and individuals directly involved in the organisation and the course of the lottery, as well as their spouses, parents, siblings, descendants and persons related by adoption, step son, step daughter, son-in-law, daughter-in-law, step father, step mother and in-laws must not take part in the Lottery.
4.2. By joining the Lottery, the Participant confirms that s/he has read and accepted the Lottery Rules. The Participant agrees to adhere to the rules set out in these General Terms and Conditions and confirms that s/he meets the eligibility criteria.
4.3. The personal data of the Participants - the Lottery Winners are collected and processed on terms and conditions set out in the Personal Data Protection Act of 29 August 1997 (Journal of Laws of 2002, No. 101, item 926, consolidated text). OPINELLO Sp. z o.o. with its registered office in Wrocław, Poland (54-618) at ul. Przedświt 11/1, is the Controller of the personal data provided by the Lottery Participants. The Lottery Participant consents to the processing of his/her personal data by OPINELLO Sp. z o.o. for purposes relating to the organisation of the Lottery, handing over the granted Prizes, and performing other duties under these General Terms and Conditions. The Lottery Participant may give consent to the processing of his/her personal data by the Data Controller for marketing purposes. The Lottery Participant may get access to his/her personal data at any time and request that they be corrected. The personal data are provided on a voluntary basis; however, failure to provide them makes it impossible to join the Lottery. The Lottery Participants may also give their written consent to receiving electronic information from the Data Controller and to disclosure of their personal data, their image and voice for advertising and marketing purposes of the Lottery Organiser, via mass media or electronic means of communication. If they give such consent, they shall not be eligible for compensation on that account.
4.4. In order to take advantage of the opportunity to win Prizes in the Lottery, the Participant is required to:
- read the Lottery Rules set out in the Lottery General Terms and Conditions,
- complete official formalities, purchase any services between 11 December 2017 and 27 May 2018, from Monday to Sunday, in the Citynello Partners’ Outlets, or at the place of service, provided an access code has been issued; collect the Code and retain the proof of making the above mentioned actions,
- make a free of charge Entry to the Lottery within 7 days as of the date of completing the formalities or purchasing and/or using the services, however, not later than by 03 June 2018, on the Citynello.com website, or in any other ICT system marked with the Citynello sign, under a signed agreement with Opinello Sp. z o.o. indicated on the document with the code and instruction; enter the access code, give his/her personal data and give his/her opinion on the customer experience relating to official formalities, services or customer service, to be processed by the Lottery Organiser and aimed to support the Citynello Partners in their efforts to improve the customer service quality. Entries may be made twenty-four hours a day during the Lottery Term, that is from 00:00:00 on 11 December 2017 until 23:59:59 on 03 June 2018, with the date of purchasing services, undertaking official actions or completing official formalities not later than the entry date.
- accept the contents of these General Terms and Conditions of the Lottery on the Citynello.com website or in any other ICT system marked with the Citynello sign, and confirm that he/she is eligible to take part in this Lottery, i.e. that he/she meets that criteria referred to in these General Terms and Conditions and agree to the processing of his/her personal data in connection with the Lottery Organiser’s studies of customer experience relating to official formalities and/or services, in order to support the Citynello Partners in their efforts to improve the customer service quality.
- provide all the required data to confirm that he/she has completed official formalities or purchased services at the Citynello Partner’s outlet;
- give an e-mail address - if required by the system - or phone number - if enabled by the Partner - to receive a link activating the survey (or an access code) that the Participant will click (or enter the access code) in order to start the survey;
- complete the survey concerning the Participant’s experience as a customer of a given Citynello Partner, where the Participant has purchased the service or undertaken an official action / completed official formalities; upon completing the survey - press the key “Finish the survey”; provided that each action or service may be evaluated only once. Each Participant may express one opinion per day on one Partner's outlet or service (e.g. it is possible to express opinion on two different Outlets of a given entity but not two opinions on the same outlet).
- During the period from 11 December 2017 to 02 August 2018, the Participant is required to retain the original proof of completing official formalities and/or purchasing the service or any other document with the access code, provided or made available by the Partner for which he/she has completed the survey.
4.5. An incomplete or incorrect Entry to the Lottery is considered invalid.
4.6. In order to complete the survey, the Participant may take advantage of the technical assistance provided by the Citynello System Operator; to do so, Participant may use the chat functionality at www.citynello.com, send an e-mail at support@citynello.com or call the number listed at www.citynello.com from 9:00am to 9:00pm on any weekday, Monday to Friday, except for public holidays.
4.7. Expressing one opinion authorises to one Entry to the lottery enabling to qualify for the 1st and 2nd prize draws. All correct Entries to the Lottery submitted during the month preceding the draw take part in the draws of 2nd level Prizes. Each Entry sent by the Participant on a given day is one chance to win a prize during the Lottery draw. The Participant may send more than one Entry provided they meet all the criteria in every single case.
4.8. Winners lose their right to a Prize if they: do not meet the criteria set out in these General Terms and Conditions or they are not eligible to take part in the Lottery or they refuse to give their personal data for purposes referred to in item 4.3. of the General Terms and Conditions, make the representations or submit documents required to conduct the Lottery in the proper manner, or if they refuse to collect the Prize.
4.9. The Lottery Promoter warrants that the contents of all messages communicated to the Lottery Participants comply with the consumer protection rules, and in particular they do not violate the collective interests of the consumers within the meaning of the Fair Competition and Consumer Protection Act of 16 February 2007 (Polish Journal of Laws of 2007, No. 50, item 331 as amended).
V. Area of the Lottery.
5.1.The Lottery is held in Poland.
VI. Duration of the Lottery.
6.1. The Lottery shall be held from 11 December 2017 until 02 August 2018.
6.2. Lottery Entries shall be accepted from 11 December 2017 until 03 June 2018.
VII. Conduct of Lottery, Including In Particular the Place and Dates of Prize Draws.
7.1. All lottery draws shall be held in the Organiser's registered office at ul. Przedświt 11/1 in Wrocław, in the period from 11 December 2017 to 04 June 2018, at the following dates:
- Draws of the 1st level Prizes, or the Daily Prizes, where there is one Daily Prize per each day of this Lottery, as set out in section 13.1. hereof, and the Prize Draw shall be held on each Monday for each of the seven days preceding the draw in question; the draw is made from all correct Participant Entries sent between 00:00:00 and 23:59:59 on a given day, subject to point (b) below;
- The Monthly Second Prize Draw shall be held for each full month of the lottery, starting from 11 December 2017 until 03 June 2018. All Participant Entries correctly submitted to the Citynello System during the month preceding the draw in question shall take part in the Monthly Draw, according to the draw calendar indicated below.
7.2. Calendar of Lottery Draws:
| No. | Calendar of Daily Prizes Draws | Days covered by the draw | Number of Prizes |
|---|---|---|---|
| 1 | 18.12.2017 |
|
7 |
| 2 | 25.12.2017 |
|
7 |
| 3 | 01.01.2018 |
|
7 |
| 4 | 08.01.2018 |
|
7 |
| 5 | 15.01.2018 |
|
7 |
| 6 | 22.01.2018 |
|
7 |
| 7 | 29.01.2018 |
|
7 |
| 8 | 05.02.2018 |
|
7 |
| 9 | 12.02.2018 |
|
7 |
| 10 | 19.02.2018 |
|
7 |
| 11 | 26.02.2018 |
|
7 |
| 12 | 05.03.2018 |
|
7 |
| 13 | 12.03.2018 |
|
7 |
| 14 | 19.03.2018 |
|
7 |
| 15 | 26.03.2018 |
|
7 |
| 16 | 03.04.2018 |
|
8 |
|
17
|
09.04.2018 |
|
6
|
| 18 | 16.04.2018 |
|
7 |
| 19 | 23.04.2018 |
|
7 |
| 20 | 30.04.2018 |
|
7 |
| 21 | 07.05.2018 |
|
7 |
| 22 | 14.05.2018 |
|
7 |
| 23 | 21.05.2018 |
|
7 |
| 24 | 28.05.2018 |
|
7 |
| 25 | 04.06.2018 |
|
7 |
| No. | Date of the Monthly Prize Draw | Days covered by the draw | Number of Prizes |
| 1 | 02.01.2018 |
04.12.2017 – 31.12.2017
|
1 |
| 2 | 05.02.2018 |
01.01.2018 – 31.01.2018
|
1 |
| 3 | 05.03.2018 |
01.02.2018 – 28.02.2018
|
1 |
| 4 | 03.04.2018 |
01.03.2018 – 31.03.2018
|
1 |
| 5 | 07.05.2018 |
01.04.2018 – 30.04.2018
|
1 |
| 6 | 04.06.2018 |
01.05.2018 – 03.06.2018
|
1 |
7.3. All Prizes in the Lottery are drawn using traditional lottery boxes. The method of conducing the prize draws in the Lottery ensures that the Prizes are awarded in a completely random, objective and reliable manner. The draw is held according to the following procedure:
- all identification numbers of correct Entries sent to the Citynello System during the entry acceptance period take part in the draw; all entries for a given day of accepting entries take part in the Daily Prize draw; all entries sent during the preceding month take part in the Monthly Prize draws;
- opaque lottery boxes are used for the draw. Each lottery box contains 10 balls numbered 0 to 9. The number of lottery boxes used for the draw corresponds to the number of digits in the number of Entries made to the Lottery;
- The Commission assigns a unique record number, hereinafter the “ID Number” to each Entry, for the Daily Prize Draw and for the Monthly Prize Draw; the number is assigned right before the draw;
- one ball is drawn from a set of balls in each lottery box; the draw follows the rule that the first digit of a given ID number is always drawn as the first one, e.g. 1234 (thousands, hundreds, tens, and ones). Subject to item (e) below, the numbers of the balls drawn during the subsequent draws form the number corresponding to the Entry ID Number.
- where the number displayed on the ball drawn from the lottery box would form a number that is outside the ID numbers of Entries for a given period covered by the draw, that number shall not be considered for the draw purposes; instead, another ball is drawn from that lottery box until the number on the ball corresponds to the number of Entries.
- The Lottery Promoter draws one Draw Ticket for each Prize to be won during a given Draw
- The Lottery Promoter did not provide for drawing reserve draw tickets to win the Prizes.
7.4. The above method does not depend on any hardware or external software.
7.5. The draw is overseen by the Supervisory Commission referred to in item 8.1.
VIII. Ensuring Proper Conduct of the Lottery.
8.1. The Lottery Commission supervises the Lottery conduct to ensure that it is correct, notably the Lottery Commission oversees the information released with respect to the Lottery and the conduct of the draws; the Commission has three members:
- Commission chairperson,
- Commission deputy chairperson, and
- Commission secretary.
8.3. The Commission’s powers include the power to review complaints filed by the Lottery Participants and the power to provide all types of information concerning the Lottery to the Participants.
8.4. Among the Commission’s members there is one person who has a professional certificate entitling him or her to oversee the course of a promotion lottery.
8.5. The Commission operates pursuant to the Terms of Reference issued by the Promoter.
IX. Method and Date of Result Announcements.
9.1. Each Participant, after winning the 1st and 2nd Prize, shall be informed promptly, however no later than within 3 days, of winning the prize and the manner of its receipt via the indicated email address or via a free text message to the telephone number indicated by the Participant in the lottery application. The Winners shall also receive documents necessary for the hand-over/receipt of the prize to be filled in and returned to the address indicated by the Lottery Organiser.
9.2. The documents required to collect the Prize that are sent to the Winners should be completed and returned to the designated address together with the original proof of completing official formalities, purchasing services at the Outlets (provided the Organiser requests the original proof of services purchase) which was the basis for entering the Lottery; the documents should be sent within three days as of the date of receipt and the date of being notified of the Prize award, otherwise the Winner shall lose the right to collect the Prize.
9.3. Prizes shall be handed over to the Winners until 25 June 2017 at the latest. This is the final deadline for the hand-over of the Prizes. If an address of residence is required to hand over the Prize, each Lottery Participant who has changed his/her address of residence during the Lottery Term is required to communicate that fact to the Lottery Organiser not later than one week before the final deadline for the hand-over of the Prizes. Otherwise, the Organiser shall deem that the Participant has been duly notified of the Prize award if the notice was sent to the address that the Participant had given in person or on the Entry, and that all consequences of such notice, including the loss of right to the award shall apply. Failure to collect the Prize at the address designated by the Participant shall result in the loss of the right to the Prize.
9.4. If the Organiser requests a proof of completing official formality, purchasing or acquiring the service to hand out the Prize, the original proof of purchase submitted by the Winner must meet the following criteria:
- it must be genuine and original, i.e. it must be issued by the Outlet the details of which are displayed on it; it must contain the Code; it must not be fake or falsified;
- it must not be damaged in any way that makes it impossible to read it or determine whether it is genuine; it may not be cut, ripped, torn, smudgy or faded, and it cannot be a combination of two different proofs of purchase;
- The Winner may request that the original proof of completing official formality, purchasing or acquiring the service be returned to him/her; for this purpose the Winner needs to write down such a request on the documents referred to in section 9.1 and specify the address at which the mentioned proof should be returned.
X. Place and Date of Prize Hand-Over.
10.1. 1st and 2nd level prizes shall be transferred to the bank account indicated by the Winner in the documentation referred to in section 9.2, or shall be sent by postal order, no later than 25 June 2018.
10.2. Prizes are handed over only to individuals whose data match the data in the Entry to the Lottery, or to their proxies acting pursuant to a power of attorney signed by the principal in the presence of a notary. In order to collect the Prize, the Winner must complete all fields of the Prize Release/ Acceptance Report in the correct manner and send the signed printout by regular mail, e-mail (in the form of a scanned document) or by a courier delivery at the designated address within 3 days as of the date on which the Participant was notified of the Prize award.
10.3. If the Prize cannot be transferred to the bank account designated by the Winner for reasons beyond the control of the Promoter (because the account number is incorrect or the account has been closed or the address is incorrect, etc.) and the Winner is unable to accept the Prize as a result, the Winner shall lose the right to the Prize.
10.4. Each Winner may submit a written statement of non-acceptance of the Prize within 3 days as of being notified of the Prize award. Such a written statement should be sent at the address of the Promoter’s registered address.
10.5. Any Prizes won in the Lottery are subject to taxation according to the rules set out in separate regulations.
10.6. Failure to meet any condition set out in the Lottery General Terms and Conditions by the Winner results in the Promoter’s refusal to hand over the Prize.
10.7. Prizes that are not collected by the Winners or that are not handed over for reasons set out in item 10.3 hereinabove shall remain at the disposal of the Lottery Promoter.
XI. Complaint Filing and Handling.
11.1. Lottery Participants may send any complaints and grievances concerning the Lottery in writing by registered mail at the address of the Organiser’s registered office from the Lottery’s starting date until 12 July 2018 at the latest. The postmark date on the letter will serve as a proof to confirm that the complaint was filed properly. Complaints received at the address of the Organiser’s registered office after 19 July 2018 shall not be considered even if they were properly sent according to the postmark date. The Organiser shall not be liable for the effectiveness and timeliness of complaints delivery by third parties. Pursuant to the Regulation of the Minister of Finance of 1 July 2010 Mode of Claims Submission by Gambling Participants (Journal of Laws of 2010, No. 118, item 793), a written complaint should include: first and last names of the Participant, his/her exact address, the date and place of the occurrence to which the claim refers, the type of the game, the exact description and the reason of the complaint, as well as the claim itself.
11.2. Complaints shall be processed by the Commission without undue delay following their receipt, however not later than within 7 days of their receipt.
11.3. The parties concerned are notified of the complaint handling outcome by registered mail, not later than within 7 days as of the complaint handling date.
XII. Limitation Period for Claims.
12.1. The limitation period for the claims arising from the audiotele lottery is 6 months and starts on the date on which the claim became due.
12.2. The limitation period for the claims is suspended from the day on which the complaint has been filed until the day on which a response to the complaint has been given.
12.3. Any disputes and claims relating to the Lottery shall be resolved by a common court of law of local jurisdiction for the registered office of the Lottery Promoter.
12.4. As for any matters not regulated herein, the applicable laws, including in particular Civil Code and the Gambling Act shall apply as appropriate.
12.5. The full contents of the Lottery General Terms and Conditions may be viewed at the Promoter’s registered office in Wrocław, Poland at ul. Przedświt 11/1 and on the website at www.citynello.com. The Promoter shall send the General Terms and Conditions for the Participant to view upon the request of the Participant who shall send a self-addressed and stamped envelop. The statements to be completed and returned by the Lottery Winners may also be downloaded on the above mentioned website.
12.6. The Promoter shall not be liable for the effectiveness of mail delivery or phone connections. If the phone connection is broken during the Lottery Term for reasons attributable to the Participant and the Operator whose services the Participant uses, the decision shall be taken by the Commission members without undue delay. In particular, the Promoter shall not be liable for any broken, suspended or distorted phone connections, for their quality and other technical parameters of the phone connections, nor for the effectiveness of the mail delivery. Entries to the Lottery that do not meet the requirements of the General Terms and Conditions, in particular Entries that are incomplete or garbled, making it impossible or difficult to read or verify the data contained therein, shall be invalid and shall be excluded from the Lottery.
12.7. The provisions of these General Terms and Conditions are legally binding. Advertising and promotional materials concerning the Lottery are for information, and their contents are not in conflict with the language of these General Terms and Conditions.
12.8. Participants who are found by the Promoter to be playing foul or acting against the interests of the Lottery Promoter, notably by: discrediting the Promoter, spreading information that injures the Promoter’s reputation or otherwise displaying behaviours that are against the generally accepted rules may be excluded from the Lottery by the Promoter.
12.9. Pursuant to Article 20.1 of the Gambling Act, the Promoter is required to issue a registered certificate to confirm that the Participant won a Prize if the Winner requests such a certificate.
12.10. In these General Terms and Conditions, any weekday, Monday to Friday, except for holidays, is considered a business day.
12.11. The Promoter shall remove a Participant’s Entry to the Lottery at the Participant’s written request.
XIII. Value of Prizes.
13.1 The following types of Prizes are envisaged in the Lottery:
- 1st level Prizes – Daily Prizes – one Prize worth PLN 50 per each day – 175 Prizes in total.
- 2nd level Prizes – Monthly Prizes – one Prize worth PLN 500 per each month – 6 Prizes in total
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