The photo competition PANTAENIUS YACHT PHOTO (hereinafter referred to as the “Competition”) is organised by Pantaenius GmbH (limited liability company) Branch in Poland with its registered office in Gdańsk (80-802), at ul. Gradowa 11, with the following identification number: KRS (National Court Register) 699878, NIP (Tax ID) 5833278532, REGON (Business ID) 368547489 (hereinafter referred to as the “Organiser”).
2. CONDITIONS FOR PARTICIPATION IN THE COMPETITION
2.1. Subject to point 2.2. below, the Participant may be
A) an adult natural person;
B) a minor natural person, provided that their statutory representative, under the conditions specified in item 2.3 below, gave their written consent for participation in the Competition, who familiarised themselves with these Regulations, in the period from 15 December 2023 to 31 January 2024, filled in the registration form placed on the subpage and sent to the Organiser at least one and no more than two photographs meeting the requirements specified in item 3, item 4 and item 5 below in order to participate in the Competition. (hereinafter referred to as the “Participant”).
2.2. The following persons may not take part in the Competition:
A) employees, members of bodies and representatives of the Organiser and Sponsors of prizes and other entities with personal or capital ties to the Organiser and persons performing activities related to organising or conducting the Competition at the Organiser's request;
B) spouses, forebears, descendants, siblings, adoptees, adopters of the persons listed in A) above.
2.3. A scan of the consent of the statutory representative for taking part in the competition by a minor should be sent to the following address: [email protected].
2.4. You can only take part in the Competition in person. Applications on behalf of third parties are unacceptable.
2.5. Participation in the Competition and provision of personal data in order to participate in the Competition is completely voluntary and free of charge. The Participant is bound by the terms and conditions of the Regulations and accepts them. Persons who do not agree to the provisions of the Regulations may not take part in the Competition. The Competition is open.
2.6. The application form should contain all mandatory data. If any mandatory element is missing, the submitted application will not be included in the Competition. The application form requires providing the following information about the Participant:
2.7. In the application form, the Participant may optionally provide:
3. DURATION OF THE COMPETITION
3.1. The Competition starts on 15 December 2023 at 12.00 noon.
3.2. The photo submission stage of the Competition runs from 15 December 2023 at 12.00 noon until 31 January 2024 at 12.00 noon.
3.3. Voting of Internet users for works submitted to the Competition by the Participants shall take place from 1 February 2024 at 12.00 noon to 16 February 2024 at 12.00 noon.
3.4. The jury's vote on the entries submitted to the Competition runs from 1 February 2024 to 25 February 2024.
3.5. The announcement of the Competition results will take place on Thursday 29 February 2024 at 7 p.m. in the form of Facebook live stream.
5. COMPETITION RULES, COPYRIGHT AND PERSONAL DATA PROTECTION
5.1. Application for participation in the Competition takes place in the manner specified in the Regulations. Failure to comply with any of the terms and conditions of the application will result in recognising that no effective application has taken place.
5.2. The submitted photograph should be taken by the Participant and be the result of his own creation. It cannot violate the rights of third parties, including in particular copyrights and publicity rights. While participating in the Competition, the Participant declares that they are entitled to all copyrights to the photograph sent to the Organiser.
5.3. Photographs that may be submitted for the Competition:
A) were taken by the Participant himself/herself between 1 January and 31 December 2023;
B) are related to sailing or motor yachts (including jet skis) where elements of a yacht or yacht infrastructure are visible. Photographs of water, landscapes, animals and people – without visible elements directly related to yachts will be rejected. Photographs of vessels other than yachts, motor yachts (including jet skis) will be rejected.
5.4. Photographs submitted for the Competition must be sent to the Organiser in JPG format, and the file size must not exceed 10 MB. The Participant who is the author of the winning work undertakes to send a higher resolution photograph at the Organiser’s request, in order to print it in good quality for the purpose of the competition exhibition.
5.5. If more than one Participant submits the same photograph to the Competition, the Organiser reserves the right to refuse to include in the Competition the photographs submitted as subsequent ones.
5.6. The Competition does not include photographs, which contain:
A) curse words, offensive content or content contrary to the law or good practices or presenting dangerous behaviours;
B) advertising content;
C) content violating the rights of third parties, including personal rights and copyrights, as well as publicity rights;
D) content in respect of which the Participant is not entitled to all copyrights and derivative rights.
A photograph containing any of the content indicated above shall be disqualified by the Organiser. If the circumstances described in the preceding sentence become apparent after the award has been issued, the Organiser reserves the right to demand the return of the prize or the payment of its equivalent.
5.7. While participating in the Competition, the Participant grants to the Organiser and to the entities indicated in point 7.1 a free, non-exclusive, transferable licence to use the works created in connection with the participation in the Competition, i.e. photographs sent to the Organiser, which may contain the image of natural persons, from the date of their submission, without any time limits, within the territory of the European Union and taking into account the cross-border nature of the Internet, in all fields of exploitation known at the time of submitting the application, including in particular:
A) in the scope of recording and reproduction of photographs – production of copies of photographs using any technique, including printing, reprography, magnetic recording and digital technology;
B) in the scope of dissemination of photographs – public performance, exhibition, display, presentation, broadcasting and re-broadcasting, as well as making them available to the public in such a way that everyone can access them in a place and at a time of their choice (in particular on the Internet, including on the website (www.pantaenius-foto.pl and www.pantaenius-photo.com), including in the scope of using photographs that may contain images of natural persons, for communication on the Internet (as a slide, video on YouTube – in the “preroll”, i.e. a short video promoting the Competition);
C) in the scope of permitting the exercise of derivative copyrights to modify photographs – making any modifications to photographs by the Organiser and using these modifications in any way, and permitting (i) making any modifications by third parties and (ii) using these modifications in any way.
5.8. The Participant agrees to disseminate their image recorded on the photograph sent to the Organiser in the scope indicated in point 5.7. above and to use their first and last name in order for the Organiser to indicate the author of the photograph. If the Participant's photograph shows the image of a third party, the Participant is obliged to collect from such a third party the consent necessary to participate in the Competition.
5.9. By participating in the Competition, the Participant declares that they are the sole author of the photograph within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, that the photograph submitted is free from legal defects, in particular that they are entitled to full copyright and have the right to grant a licence under the provisions specified in point 5.7. of the Regulations and declares that they bear all and any responsibility for ensuring that the use by the Organiser and the entities indicated in point 7.1. of the Regulations will not infringe the rights, in particular copyrights and publicity rights, of third parties. If the Competition violates any right of a third party or violates any obligation towards a third party or violates the publicity rights of a third party, the Participant shall be liable for the above. In the event of a third party asserting claims against the Organiser or any of the entities specified in clause 7.1. of the Regulations for, in particular, violating any right of a third party or breaching any obligation towards a third party in connection with the submitted photograph, the Participant shall fully indemnify the Organiser or the entities specified in clause 7.1. of the Regulations from any liability in that respect and shall cover all the damages and costs which the Organiser or such entity may be obliged to incur.
5.10. The personal data of the Participants will be processed by the Organiser in accordance with the provisions of Regulation (EU) 2016/679 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 the “GDPR”, for the purpose of conducting the Competition, selecting winners, awarding prizes and settling the tax due. The Controller is the Organiser. Information concerning the processing of data by the Organiser has been provided to the Participant in the information clause.
6. ASSESSMENT OF COMPETITION PHOTOGRAPHS
6.1. Winners will be selected by the Jury appointed by the Organiser. The composition of the Jury will be provided in a separate communication published on the websitewww.pantaenius-foto.pl and www.pantaenius-photo.com.
6.2. The results of the Competition will be made public by 9 March 2023, and then published on the website www.pantaenius-foto.pl and www.pantaenius-photo.com. While registering for the Competition, the Participant agrees to make their first and last name available to the public as part of the announcement of the Competition results and subsequent information on the Competition results, as well as to inform the public about the Competition results in the media, including the Internet and social media.
6.3. Decisions of the Competition Jury are final.
6.4. The prize is awarded to the Participant whose photograph will win the most votes during the vote of Internet users at www.pantaenius-foto.pl and www.pantaenius-photo.com. One internet user can only cast one vote for the selected photograph.
7. PRIZES IN THE COMPETITION
7.1. The prizes provided for in the Competition are:
1st Prize: Garmin Quatix 7 Sapphire Amoled watch funded by Pantaenius Yacht Insurance (value PLN 3600,00/EUR 999,00),
2nd Prize: SUP Board funded by Pantaenius Yacht Insurance (value PLN 1000/EUR 230,00),
3rd Prize: HH Duffel bag funded by Helly Hansen (value PLN 559/EUR 130,00),
IV – „Best Regatta Photo": Shopping voucher Sailovnia.pl funded by Nord Cup Gdańsk regatta (value PLN 1000,00/EUR 200,00),
V – „Best Maritime Photo”- Inflatable Lifejacket Spinlock funded by Pomeranian Sailing Association ( value PLN 890/EUR 190,00),
VI – „Best Motorboat Photo”- Motorboat course (in Gdynia or Jastarnia) funded by Yachting Academy based in Gdynia (value PLN 490,00/EUR 110),
VII – „Audience Award” - Sailcloth spinnaker vest funded by Code Zero (value PLN 490/EUR 110),
VIII – „Helly Hansen JOY OF PASSION Award" - HH Crew Jacket funded by Helly Hansen (value PLN 759/EUR 170)
7.2. An additional prize of 11.11% of the value of a given prize will be added to each prize. The additional prize shall not be paid but shall be collected by the Organiser as 10% of the flat-rate income tax on the total value of the prize referred to in Article 30(1)(2) of the Personal Income Tax Act of 26 July 1991. The winners shall not be entitled to demand payment of such additional cash prize. For the avoidance of doubt, the payment of the flat-rate income tax on the prize shall be made to the account of the relevant tax office by the Organiser. The value of the prize is given as the market value for the purpose of determining the income tax on the prize and does not constitute a basis for making claims on the part of the winner, in particular in the scope of exchanging the in kind prize for a cash prize or subsidising the in kind prize.
7.3. The winners of the Competition will be notified of the prizes awarded within 10 working days from the date of publication of the results to the e-mail address or by phone.
7.4. The date and method of receiving the prize shall be agreed with the winners within no more than 14 days from the date of announcing the results, unless this is independent of the Organiser.
7.5. If it is impossible to collect the prize in person, the Participant undertakes to provide an address for shipment enabling the Organiser to send the prize. The address should be located within the borders of the European Union. Prizes not received by the winners shall remain at the disposal of the Organiser.
7.6. No cash equivalent is due for the Prizes. It is not possible to transfer the right to the prize to third parties.
8. ORGANIZER'S LIABILITY
8.1. The Organiser shall not be liable for failure to receive or delayed receipt of the form for reasons beyond its control, in particular for reasons attributable to the server administrator.
8.2. The Organiser shall not be liable for inability to collect the prize for reasons attributable to the Participant.
8.3. The Organiser shall not be liable for the quality and usefulness of the prize, including liability under the guarantee or warranty for defects in the item being the prize.
9. FINAL PROVISIONS
9.1. The Regulations of this competition are available at the Organiser’s registered office and on the website www.pantaenius-foto.pl.
9.2. The Participants are not entitled to remuneration for their participation in the Competition.
9.3. Before commencing the Competition, the Participant should read the Regulations and the information clause. By submitting photographs, the Participant confirms that they have agreed to the terms and conditions of the Competition included in the Regulations. The Participant undertakes to comply with the rules specified therein and confirms that they meet all the conditions that entitle them to participate in the Competition.
9.4. While participating in the Competition, the Participant acknowledges that they are aware that winning is not determined by chance, but by the Participant's actions.
9.5. Persons who do not meet any of the requirements specified in these Regulations or provide false information to the Organiser shall be automatically disqualified.
9.6. In matters not regulated herein, the relevant provisions of the Civil Code, in particular Articles 919–921, shall apply.