Game On: Keep the Momentum Terms & Conditions, Full Version

Game On: Keep the Momentum Terms & Conditions is organized by Commerce Media Tech Spółka z ograniczoną odpowiedzialnością with its registered office in Krakow

1. General provisions

1.1. The Campaign 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.

1.2. The Campaign starts from midnight January 13, 2025 (UTC), and lasts to midnight March 10, 2025 (UTC).

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

1.4. Information clause regarding the processing of Participant’s personal data is an integral part of these Terms & Conditions (Section 5).

1.5. The Campaign 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”.

1.6. The purpose of the Campaign is to promote Commerce Media Tech and the services provided by Commerce Media Tech.

1.7. The Campaign 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.

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

1.9. The number of Participants in the Campaign is unlimited.

1.10. Participation in the Campaign is voluntary and free.

Glossary of terms:

1) The Commission – a body which represents the Organizer for the duration of the Campaign, especially in matters concerning conducting the Campaign, supervising the proper course of the Campaign and Prizes’ awarding, consisting of the persons stated in Section 7 of these Terms & Conditions,

2) Participant – shall mean an entity qualified to the Campaign 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 Campaign before its end,

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

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

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

2. Participation in the Campaign

3.1. The Campaign is open exclusively to Advertisers who registered and verified their accounts in Zeropark Platform before January 1, 2025.

3.2. Participation in the Campaign is voluntary. The withdrawal of consent to participate in the Campaign causes the exclusion of the Participant from the Campaign. The Participant may withdraw their consent at any time

3.3. The Participant shall also agree to the processing of their personal data for the purposes of conducting the Campaign throughout the duration of the Campaign until the Winners are determined.

3.4. 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 Campaign and are not eligible to enter the Campaign.

3.5. 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.

3. Campaign rules

3.1. Individual advertising spend goals (“Goals”) are assigned to each Participant based on their previous activity and are visible in their Zeropark advertising dashboard.

3.2. Users can reveal their assigned Goal by clicking on the GIFT icon in the top right corner of their Zeropark advertising dashboard. The Participant expresses willingness to participate in the Campaign and accepts these Terms & Conditions by revealing their assigned Goal.

3.3. Progress towards the rewards can be tracked by clicking on the GIFT icon in the Zeropark advertising dashboard.

3.4. During the Campaign, Participants may request a one-time increase of their Goal to aim for a higher bonus. This option will only become available to Participants who are on track to complete their initial Goal.

4. The Prize and the rules of its awarding

4.1. Participants who achieve their assigned Goal during the Campaign’s duration will receive the Prize in a form of:

1) a bonus equivalent to 5% of the Goal’s value, added to their account no later than five (5) business days after the campaign’s conclusion, and

2) a special Voluum plan offer, subject to individual activation via a custom link.

4.2. The 5% bonus mentioned above will be granted in the form of a Zeropark bonus, which is non-refundable, non-transferable, and can only be spent on traffic bought from Zeropark. That bonus shall be ring fenced only into the Participant’s account (i.e. in the form of deposit) and not into bank account or any other account.

4.3. The Winners will be notified via email and in their Zeropark advertising dashboard.

4.4. 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.

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

4.6. By collecting the Prize, the Participant confirms that the Participant accepted the provisions of Terms and Conditions stated herein, read information clauses and expressed the necessary consents to the processing of the Personal Data.

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

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

5. Protection of the Participant’s personal data

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

5.2. The contact details of the Controller’s Data Protection Officer are: dpo@cm.tech.

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

1) as necessary to carry out the Campaign, 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 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);

3) 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).

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

5.5. 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).

5.6. Personal data of Participants will be processed for the duration of the Campaign and time to file a complaint according to Section 6. 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.

5.7. 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,

5.8. The Participant may exercise the abovementioned rights by contacting the Controller’s Data Protection Officer at the following email address: dpo@cm.tech.

5.9. 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.

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

6. Complaints

6.1. Complaints regarding the Campaign 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.

6.2. 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.

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

6.4. Complaints related to the Campaign will be resolved by the Commission.

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

6.6. 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.

7. Final Provisions

7.1. In matters not covered by these Terms & Conditions regular Zeropark’s Terms and Conditions (available here: https://zeropark.com/advertiser-terms-and-conditions/) apply.

7.2. Decisions made by the Organizer regarding the Campaign matters are final and binding.

7.3. The correctness of the Campaign will be supervised by the Commission consisting of the Commerce Media Tech’s employees: Łukasz Pośpiech and Henryk Jankowski.

7.4. The Organizer reserves the right to decide to exclude the Participant from participation in the Campaign 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 Campaign. The Organizer is entitled to deprive the Participant of the title or Prize obtained in the Campaign, 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 Campaign.

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

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

7.7. Any disputes related to the course of the Campaign, 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.

7.8. In other 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.

7.9. The Organizer reserves the right to change the Terms & Conditions during the Campaign with good reasons. The changes come into force on the day on which the new version of the Terms & Conditions is published on this website (https://zeropark.com/game-on-keep-the-momentum-campaign-terms-conditions), but not earlier than 14 days after notifying the Participants.

7.10. Terms & Conditions shall enter into force on January 10th, 2025.

7.11. For additional details or inquiries, please contact Zeropark support at support@zeropark.com