“SAMEDAY Perfect/Imperfect Instagram Contest”
Campaign Duration: 14.02.2025, 10:00:00 – 24.02.2025, 23:59:59
1.1. The organizer of the “SAMEDAY Perfect/Imperfect Instagram Contest” (hereinafter referred to as “the Campaign”) is DELIVERY SOLUTIONS S.A. (hereinafter referred to as “the Organizer”), with its registered office in Bucharest, Str. Gara Herăstrau no. 6, floors 6 and 7, Sector 2, registered at the National Trade Register Office under number J2008007031409, VAT code RO 23743772, IBAN RO 90 RZBR 0000 0600 1976 5724 – opened at Raiffeisen Bank, legally represented by Lucian Baltaru, in his capacity as Administrator. The Organizer has designated Wopa Communication S.R.L. as responsible for conducting the Campaign and awarding the prize in accordance with the terms and conditions outlined in this Regulation. Wopa Communication S.R.L. is responsible for collecting participants’ personal data and delivering the prize.
1.2. The Campaign will be implemented by Wopa Communication S.R.L., registered at the National Trade Register Office under number J40/2246/03.03.2010, VAT code RO 26600599, legally represented by Costin Buta, the agency authorized by the Organizer (hereinafter referred to as the “Organizer Agency” and/or “Authorized Agency”).
1.3. The Campaign will be conducted in accordance with the provisions of this Regulation (hereinafter referred to as “the Regulation”), which is mandatory for all individuals who, meeting the conditions specified in Articles 4 and 5 of the Regulation, participate in the Campaign (hereinafter referred to as “Participants”).
2. Campaign Duration, Location, and Purpose:
2.1. The Campaign will take place from 14.02.2025, 10:00:00 to 24.02.2025, 23:59:59 (the “Campaign Duration”).
2.2. After the conclusion of the Campaign (24.02.2025, 23:59:59), the Organizer/“Organizer Agency” will no longer bear any responsibility or assume any obligation related to any circumstances that could lead to the conclusion or continuation of the Campaign.
2.3. The purpose of the Campaign is to promote the postal and courier services of “SAMEDAY.”
3. Official Campaign Rules
3.1. The Campaign will be conducted in accordance with these official rules (the “Rules”), which are mandatory for all participants. The Campaign is organized and conducted throughout the territory of Romania, online, exclusively on the Instagram account of Sameday Romania [https://www.instagram.com/sameday.romania/?hl=en], in accordance with the provisions of these Rules, and the prizes will only be delivered within Romania.
3.2. By entering this Campaign, participants declare and acknowledge that they have read the provisions of the Rules and accept the terms and conditions of these Rules, and understand that for this purpose, their personal data will be processed in accordance with the Rules. Participants agree to comply with and adhere to all terms, conditions, and provisions of these Rules.
3.3. The Organizer/”Organizer Agency” reserves the right to cancel any participation in the Campaign that violates the provisions of these Rules and to withhold the prize from Participants who breach the Rules. Any attempt at fraud will result in the removal of the author/Participant from the Campaign, without the need for notification or explanation from the Organizer/”Organizer Agency” regarding the exclusion from the Campaign.
3.4. The Organizer/”Organizer Agency” reserves the right to unilaterally modify the Rules or extend the Campaign period by concluding an additional act to these Rules, which will be communicated to the public by posting it on the official page [https://www.instagram.com/sameday.romania/?hl=en] and adding it to the Link in the Bio section of the SAMEDAY Instagram page [https://www.instagram.com/sameday.romania/?hl=en], with at least 24 hours’ notice prior to the modification or extension taking effect.
3.5. Furthermore, the Organizer/”Organizer Agency” reserves the right to cancel the Campaign at any time by concluding an additional act to these Rules, which will be communicated to the public by posting an official notice on the SAMEDAY Instagram page [https://www.instagram.com/sameday.romania/?hl=en] with a reference to the link in the bio, where the rules are located: [https://sameday.ro/regulamente/perfect-imperfect-vday-instagram/], with at least 24 hours’ notice prior to the cancellation. In the event of the Campaign’s cancellation, the Organizer/”Organizer Agency” will be exonerated from any liability to participants, meaning they cannot be obligated to pay any amount of money as compensation, penalty, or any other similar claims. Additionally, in the event of the Campaign’s cancellation, the Organizer/”Organizer Agency” will cease awarding the prize outlined in these Rules.
3.6. At its sole discretion, the Organizer may publicize the Campaign to inform the public through its own media channels.
4. Eligibility to Participate
4.1. The Campaign is open to any individual (who is at least 18 years old as of the start date of the Campaign), a Romanian citizen or resident, with their own public Instagram account.
4.2. Employees of DELIVERY SOLUTIONS S.A., Wopa Communication S.R.L., and employees of agencies involved in the activities carried out by the Organizer, as well as employees of distribution companies of DELIVERY SOLUTIONS S.A. (subcontracted courier service providers), and their family members (children, parents, siblings, spouse) are not eligible to participate in the Campaign.
4.3. Participation in this Campaign implies full, express, and unequivocal knowledge and acceptance of these Official Rules.
5. Participation Mechanism
5.1. To participate in the Campaign, Participants must cumulatively fulfill the following conditions:
5.1.1. Meet the conditions specified in Article 4.
5.1.2. Follow the Instagram profile of Sameday Romania at https://www.instagram.com/sameday.romania/?hl=en, during the Campaign Period. Participants must retain proof that they have fulfilled this condition for validation.
5.1.3. Leave a comment on the contest post on the SAMEDAY Instagram page at https://www.instagram.com/sameday.romania/?hl=en, which must include: #SAMEDAY, along with a message addressed to a loved one, and tagging (tagging) the person in the comment, within the Campaign Period.
5.1.4. Ensure they have their own Instagram account, and that their profile is public, so they can be contacted via private message on Instagram by a representative of the Implementing Agency.
5.2. All participants who meet the conditions specified in Article 5.1.3 will be centralized in an electronic system and will be eligible to participate in the draw as outlined in these rules.
5.3. Any registration in the Campaign by individuals participating with fake accounts, accounts belonging to other persons, or accounts belonging to companies/brands/organizations of any kind will be invalid.
5.4. The comments submitted by participants must not be illegal, dangerous, biased, defamatory, obscene, pornographic, vulgar, defamatory, racist, xenophobic, politically charged, or incite criminal or illegal activities. Any content that violates these guidelines will be removed from the Campaign by the Organizer/”Implementing Agency”.
5.5. Participants’ comments must be public and all settings restricting visibility must be disabled.
5.6. A person may not participate using multiple Instagram accounts. Participants are allowed unlimited comments throughout the Campaign period and may only win one prize.
5.7. The Organizer/”Implementing Agency” is not responsible and will not be involved in disputes regarding ownership of the Instagram account from which entries are made in the Campaign. Any disputes regarding ownership of Instagram accounts will not influence the principle that the Campaign Organizer/”Implementing Agency” will award the prize to the Participant who complies with the terms of this Regulation and is declared the winner.
5.8. The Organizer/”Implementing Agency” is not responsible for comments posted by Campaign participants and reserves the right to filter, using the “Delete” option, any entry that violates the requirements of this Regulation.
5.9. The Organizer/”Implementing Agency” will not accept entries that do not comply with the instructions in this Regulation or do not meet the participation theme, as well as entries that, for reasonable reasons in the opinion of the Organizer/”Implementing Agency,” it considers invalid, undecipherable, or hard to understand. The above list is not exhaustive.
5.10. The Organizer/”Implementing Agency” does not guarantee the continuity, uninterrupted access, or security of internet access.
6. Prize Description. Award Procedure
6.1. In the Campaign, five (5) prizes will be awarded according to the mechanism described in Section 7. Each prize will consist of the following items: a teddy bear worth 64 RON, a bouquet of flowers worth 250 RON, and an EMAG voucher worth 300 RON. Therefore, each of the five winners will receive a single prize package, consisting of these three items, with a total value of 614 RON.
6.2. The total value of the prizes awarded in this Campaign is 3070 RON, VAT included.
The amount mentioned in Article 6.2 represents the total purchase price of the prizes.
6.4. The Organizer/”Implementing Agency” is relieved of any responsibility arising from the winner’s use of the prize. The way the winner uses the prize they receive is at their own risk.
6.5. From the moment the winner receives the prize, the Organizer/”Implementing Agency” is no longer responsible for the integrity and quality of the awarded prize, within legal limits. Any warranty for the products offered as prizes, if applicable, will be provided within the terms and conditions of the warranty certificate issued by the manufacturer.
6.6. The prize cannot be replaced with other items, cannot be exchanged for its cash equivalent, and cannot be replaced with other benefits. If the winner refuses to accept the prize offered by the Organizer/”Implementing Agency” under the conditions described in this Regulation, they will not receive any compensation or indemnity from the Organizer/”Implementing Agency”.
7. Designation of the Winner, Validation of the Winner, and Awarding of the Prize
7.1. The Organizer/”Implementing Agency” will announce the names of the five (5) winners drawn through a random selection program (i.e., via electronic means of personal data processing without human intervention), the awarded prizes, as well as the names of the three (3) reserve winners selected for each winner (a total of 15 reserves), along with the order of drawing, in a contest post on February 26th and on the SAMEDAY website, accessible at the link https://sameday.ro/regulamente/perfect-imperfect-vday-instagram/.
7.2. Within 1 working day from the announcement of the winners, they will be contacted by the Implementing Agency through a private message on Instagram regarding the steps they must follow to validate and receive their prize. Through a secure form, the following personal details will be requested: full name, phone number, date of birth, and delivery address, to facilitate the validation process and the shipment of the prize. The winner will also be asked to provide a copy of their ID to allow the Organizer to pay the tax related to the awarded prize. Additionally, the winner will be required to provide proof of compliance with section 5.1.2 (the winner will present a screenshot demonstrating that they follow the SAMEDAY ROMÂNIA Instagram account) to complete the validation process and facilitate prize shipment.
7.3. In the event the potential winner does not respond to the message from the Implementing Agency within 24 hours of its transmission or does not comply with the validation conditions, the winner will be invalidated, losing their right to the prize, and reserves will be validated in the order they were drawn. The same validation procedure will apply for each reserve designated for that specific prize until a reserve is validated as the final winner of that prize.
7.4. The winning participants expressly agree to the processing of their personal data for the purpose of prize delivery.
7.5. Each prize will be shipped to each winner by the Organizer to the delivery address provided during the validation process and will be handed over exclusively to the winner based on a handover-receipt protocol. The winner will present a valid ID to the courier to confirm their identity and age and will sign the handover-receipt protocol for the awarded prize.
7.6. Refusing to present an ID for identity verification or to sign the handover-receipt protocol will result in the invalidation of the winner and the loss of their right to the prize. In this case, reserves will be called upon, in the order in which they were drawn.
7.7. The prizes will be shipped to the winners, only within Romania, at the expense and care of the Organizer, within a maximum of thirty (30) days from the moment the winners are validated. A handover-receipt protocol will be drawn up at the actual delivery of each prize.
7.8. Announcement of the Winners
7.8.1. The Organizer/Implementing Agency will make public the names of the winners, the drawn reserves, and the names of the prizes awarded by posting this information on https://sameday.ro/regulamente/perfect-imperfect-vday-instagram/.
8. Limitation of Liability
8.1. The Organizer/”Implementing Agency” is entitled to take all necessary measures in the event of an attempt to defraud the system, abuse, or any other attempts that could affect the image of this Campaign or the image of the Organizer or its affiliates.
8.2. In the event of a dispute regarding the validity of a participation in this Campaign, the decision of the Organizer/”Implementing Agency” is final.
The Organizer/”Implementing Agency” assumes no responsibility for:
9. Processing of Personal Data
9.1. The Organizer, as the Data Controller, and the Agency, as its authorized representative, process the personal data of the participants in this Campaign in accordance with the applicable data protection legislation – Regulation (EU) 2016/679 – GDPR, under the following conditions:
Identity of the Data Controller
The data transmitted by participants are processed by the company Wopa Advertising SRL, hereinafter referred to as the Operator.
Purposes of Processing
The personal data processed in the context of the promotional campaign are processed by the Operator through the Authorized Agency for the following purposes:
Legal Basis for Processing Personal Data
For the purpose of organizing the promotional campaign and managing registrations, as well as for validating winners and delivering/communicating prizes, processing is done based on the participants’ consent (GDPR 6.1.a). For fulfilling the Operator’s fiscal obligations related to the awarded prizes – in the case of taxable prizes, processing is carried out under the provisions of Article 6.1.c of GDPR. The lack of this information makes it impossible for the Operator to submit declarations to the tax authorities. For providing responses/clarifications to requests/complaints/notifications from consumers (regardless of the channel through which they are recorded – website, infoline), processing is based on the participants’ consent (GDPR 6.1.a).
Processed Data
Processing Period
Participants’ data will be stored for a period of 90 days after the conclusion of the Campaign. The data of winners with prizes exceeding 600 RON will be stored for the duration required by applicable legal regulations.
Processing Method
For the purpose of executing the promotional campaign, the data will be collected and stored in the participants’ database (the individuals enrolled for the draw and winner selection). The collected personal data is processed by the Authorized Agency for registration, organizing the draw, validating winners, contacting them, fulfilling the Organizer’s fiscal obligations (if applicable), and sending the prizes. The processed data will not be used for any other purpose. The individuals concerned will not be subject to decisions based solely on automated processing of data that could produce a legal effect or significant impact.
Confidentiality
The data will be collected, processed, and stored by the Authorized Agency. The data will not be transferred abroad and will not be disclosed to third parties, except for the first name and last name, which will be made public in accordance with O.G. 99/2000, republished and updated, and in cases where the Operator and/or Authorized Representatives are required by law to disclose such personal data to authorities.
Rights of Data Subjects
During the collection and processing of personal data, the data subject has the right to request access to their data, rectification, deletion, or restriction of processing, at any time. They also have the right to object to processing and to request the transfer of data to another operator. Data subjects may withdraw their consent for processing at any time. For any suspicion of irregularities concerning the processing of personal data, the data subject may file a complaint with the National Supervisory Authority for Personal Data Processing (Bd. G-ral Gheorghe Magheru 28-30, Sector 1, Postal Code 010336 Bucharest, Romania, www.dataprotection.ro, [email protected]).
How to Exercise Your Rights
For any request related to personal data or exercising the rights mentioned in the previous section, the data subject may contact the Operator by email at: [email protected].
10. Complaints and Disputes
10.1. The written request of the participants in the Campaign to notify the Organizer regarding any non-compliance with this Regulation must be submitted to the Organizer within a maximum of 48 (forty-eight) hours from the publication of the winner’s name. Any notification submitted after this deadline will be considered void. The following 15 (fifteen) calendar days are allocated for resolving any complaints that might be submitted in accordance with the above.
10.2. Any disagreements between the Organizer and the participants in the Campaign will be resolved amicably or, if this is not possible, they will be submitted to the competent courts in Bucharest, Romania, in accordance with the provisions of Romanian law.
11. Miscellaneous
11.1. Participation in this Campaign implies acceptance of this Regulation. No additional direct or indirect costs are imposed on the participants in the Campaign, except for the normal expenses incurred during the Campaign.
11.2. By providing personal data as indicated in this Regulation, participants and winners express their explicit and unequivocal consent for their personal data to be entered into the Organizer’s database, operated by the authorized Agency, for the purpose of registration and participation in the Campaign, validation and awarding of prizes, and fulfilling the Organizer’s fiscal obligations related to the Campaign (in the case of taxable prizes). Personal data will be stored: for Participants, until the winners of the Campaign are designated, and for Winners, for a period equal to the legal period for archiving financial and accounting documents.
11.3. All participants in the Campaign are guaranteed their rights in accordance with the General Data Protection Regulation (GDPR) – (Regulation (EU) 2016/679): the right to information, the right of access, the right to rectification, the right to data deletion (“right to be forgotten”), the right to restrict processing, the right to data portability, and the right to lodge a complaint with a supervisory authority. To exercise these rights, participants must send a request to the Organizer via email at: [email protected].
11.4. The Organizer of the Campaign is not responsible for paying taxes, social and/or health insurance, taxes, or other fiscal obligations related to the prize awarded, except for the withholding tax applicable to individual income from promotional campaigns, a tax that the Organizer is required to calculate, withhold, and transfer to the state budget in accordance with the provisions of the applicable Fiscal Code for taxable prizes, an operation that will be carried out through the implementation Agency, if applicable.
11.5. Unawarded prizes will remain in the possession of the Organizer, who may freely dispose of them in a manner deemed necessary or appropriate for its interests.
11.6. In case any provision of this Regulation is declared invalid, the remaining provisions will remain valid as long as they can produce legal effects even without the invalidated conditions. To the extent possible, the invalid conditions will be replaced with another reasonable, legally valid regulation that corresponds as much as possible to the purpose of the invalidated provisions.
11.7. The Campaign Regulation is available to any requestor, free of charge, throughout the Campaign period, on the page https://sameday.ro/regulamente/perfect-imperfect-vday-instagram/.
ORGANIZER,
DELIVERY SOLUTIONS S.A.
[1] Instagram is not a sponsor, endorser, or associated in any way with this Campaign.
[2] The Instagram platform is not a sponsor, endorser, or associated in any way with this Campaign.