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SAMEDAY GIVEAWAY February, the month of love💕TikTok

Campaign Regulations

“SAMEDAY Perfect/Imperfect TikTok Contest”

Campaign Duration: February 14, 2025, 10:00:00 AM – February 24, 2025, 11:59:59 PM

  1. Campaign Organizer

1.1 The organizer of the “SAMEDAY Perfect/Imperfect TikTok” campaign (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 with the National Trade Register Office under no. J2008007031409, VAT number RO 23743772, IBAN account RO 90 RZBR 0000 0600 1976 5724 – opened at Raiffeisen Bank, legally represented by Lucian Baltaru, in his capacity as Administrator.

1.2 The Organizer has designated Wopa Communication S.R.L., responsible for carrying out the Campaign and awarding the prize in accordance with the terms and conditions set forth in this Regulation. Wopa Communication S.R.L. is also responsible for collecting the personal data of the participants and delivering the prize.

1.3 The Campaign will be implemented by the Wopa Communication S.R.L. agency, registered with the National Trade Register Office under no. J40/2246/03.03.2010, VAT number RO 26600599, legally represented by Costin Buta, the agency authorized by the Organizer (hereinafter referred to as the “Organizer’s Agency” and/or “Authorized Agency”).

1.4 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 this Regulation, will participate in the Campaign (hereinafter referred to as “Participants”).

2. Duration, Location, and Purpose of the Campaign

2.1. The Campaign will take place from February 14, 2025, 10:00:00 AM – February 24, 2025, 11:59:59 PM (hereinafter referred to as the “Campaign Period”).

2.2. After the conclusion of the Campaign (February 24, 2025, 11:59:59 PM), the Organizer/”Organizer’s Agency” shall have no further responsibility and shall not assume any obligations in relation to any circumstances that may lead to the conclusion of the validity 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 (“Rules”), which are mandatory for all participants. The Campaign is organized and conducted throughout the entire territory of Romania, online, exclusively on the TikTok account [1] Sameday Romania https://www.tiktok.com/@samedayromania, in accordance with the provisions of these Rules. The prizes will be delivered only within the territory of Romania.

3.2. By entering this Campaign, participants declare and acknowledge that they have read and understood the provisions of the Rules, and that they accept the terms and conditions of these Rules. Participants also understand that for this purpose, their personal data will be processed in accordance with the Rules. Participants agree to comply with all the terms, conditions, and provisions set forth in these Rules.

3.3. The Organizer/”Organizer’s Agency” reserves the right to cancel any participation in the Campaign that is made in violation of these Rules, and to withhold the prize from Participants who violate the provisions of the Rules. Any attempt at fraud will result in the removal of the offending Participant from the Campaign, without the need for a notification or explanation from the Organizer/”Organizer’s Agency” regarding the removal from the Campaign.

3.4. The Organizer/”Organizer’s Agency” reserves the right to unilaterally modify the Rules or extend the duration of the Campaign by executing an additional act to these Rules, which will be communicated to the public by posting it on the official page https://www.tiktok.com/@samedayromania and adding it to the Link in the Bio on the SAMEDAY TikTok page https://www.tiktok.com/@samedayromania, at least 24 hours before the modification or extension becomes effective.

3.5. Furthermore, the Organizer/”Organizer’s Agency” reserves the right to cancel the Campaign at any time by executing an additional act to these Rules, which will be communicated to the public by posting an official post on the SAMEDAY TikTok page https://www.tiktok.com/@samedayromania, referring to the link in the bio, where the Rules are located: https://sameday.ro/regulamente/perfect-imperfect-vday-tiktok/, at least 24 hours before the cancellation. In the event of cancellation, the Organizer/”Organizer’s Agency” will be released from any liability towards participants, meaning that it will not be required to pay any amount as compensation, penalty, or any similar obligation. Additionally, in the case of cancellation, the Organizer/”Organizer’s Agency” will cease to award the prize regulated by these Rules.

3.6. At its sole discretion, the Organizer may promote the Campaign for the purpose of informing the public, also through its own media channels.

4. Eligibility to Participate

4.1. Any individual (who is at least 18 years old at the start of the Campaign), Romanian citizen or resident, with a public TikTok account[2], is eligible to participate in the Campaign.

4.2. Employees of DELIVERY SOLUTIONS S.A., Wopa Communication S.R.L., and employees of the Agencies involved in the activities conducted by the Organizer, employees of companies distributing for DELIVERY SOLUTIONS S.A. (subcontractors providing courier services), as well as their family members (children, parents, siblings, spouse), are not eligible to participate in the Campaign.

4.3. Participation in this Campaign implies full, explicit, and unequivocal knowledge and acceptance of these Rules.

5. Participation Mechanism

5.1. In order to participate in the Campaign, Participants must cumulatively meet the following conditions:

5.1.1. Meet the conditions specified in Article 4.

5.1.2. Follow the TikTok account Sameday România https://www.tiktok.com/@samedayromania throughout the entire Campaign Period. Participants must retain proof that they have met this necessary condition for validation.

5.1.3. Leave a comment on the contest post on the SAMEDAY TikTok page https://www.tiktok.com/@samedayromania, including: #SAMEDAY, along with a message addressed to a loved one, and tag the person in the comment during the Campaign Period.

5.1.4. Ensure that they have a TikTok account with a public profile in order to be contacted via a private message on TikTok by a representative of the Implementation Agency.

5.2. All participants who meet the conditions outlined in Article 5.1.3 will be collected in an electronic system and will participate in the drawing as per the provisions of these Rules.

5.3. Any registration in the Campaign from participants using fake accounts, accounts belonging to others, or accounts belonging to companies/brands/organizations of any kind will be invalid.

5.4. Comments submitted by participants must not be illegal, dangerous, biased, defamatory, obscene, pornographic, vulgar, disparaging, racist, xenophobic, politically motivated, or incite criminal or illegal acts. Any content that violates these conditions will be removed from the Campaign by the Organizer/”Organizer’s Agency.”

5.5. Participants’ comments must be public; all settings that restrict visibility must be disabled.

5.6. Participation through multiple TikTok accounts is not permitted. Participants may comment unlimited times during the Campaign period but can win only one prize.

5.7. The Organizer/”Organizer’s Agency” is not responsible and will not be involved in disputes regarding the ownership rights of TikTok accounts used for entries in the Campaign. Any litigation regarding ownership of TikTok accounts will not affect the principle that the Organizer/”Organizer’s Agency” will award the prize to the Participant who complies with the provisions of these Rules and is declared the winner.

5.8. The Organizer/”Organizer’s Agency” is not responsible for comments posted by participants in the Campaign and reserves the right to filter, using the “Delete” option, any entry that violates the requirements set forth in these Rules.

5.9. The Organizer/”Organizer’s Agency” will not accept entries that do not comply with the instructions within these Rules or that do not correspond to the theme of participation, as well as entries that, for reasonable reasons in the opinion of the Organizer/”Organizer’s Agency,” are considered invalid, illegible, or difficult to understand. The above list is not exhaustive.

5.10. The Organizer/”Organizer’s Agency” does not guarantee the continuity, uninterrupted access, or security of internet access.

6. Description of Prizes. Awarding Procedure

6.1. In the context of the Campaign, five (5) prizes in the form of packages will be awarded, as described in Chapter 7. Each package will include a teddy bear valued at 64 RON, a bouquet of flowers valued at 250 RON, and an EMAG voucher worth 300 RON. Therefore, each of the five (5) winners will receive one package, consisting of the three items, with a total value of 614 RON.

6.2. The total value of the prizes awarded in this Campaign is 3070 RON, including VAT.

The amount mentioned in Article 6.2 represents the total purchase price of the prizes.

6.4. The Organizer/”Organizer’s Agency” is absolved of any responsibility arising from the winner’s use of the prize. The way in which the winner uses the prize is done at their own risk.

6.5. From the moment the winner takes possession of the prize, the Organizer/”Organizer’s Agency” is no longer responsible for the integrity and quality of the awarded prize, within the legal limits. Any warranty for the products offered as prizes, if applicable, will be granted within the limits and according to the warranty certificate issued by the manufacturer.

6.6. The prize cannot be replaced with other items, and the winner cannot receive the prize’s equivalent in money. The prize cannot be substituted with other benefits. In case the winner refuses to accept the prize offered by the Organizer/”Organizer’s Agency” under the conditions described in this Regulation, they will not receive any compensation or indemnity from the Organizer/”Organizer’s Agency.”

7. Designation of Winner, Validation of Winner, and Awarding of the Prize

7.1. The Organizer/”Organizer’s Agency” will announce the names of the five (5) winners drawn through a random selection program (using electronic means of personal data processing with no human intervention), the awarded prizes, and the names of the three (3) reserves selected for each winner (a total of 15 reserves), along with the order of drawing, in the contest post on February 26 and on the SAMEDAY website, accessible via the link: https://sameday.ro/regulamente/perfect-imperfect-vday-tiktok/.

7.2. Within one (1) business day from the date the winners’ names are published, they will be contacted by the Organizer’s Agency via private message on TikTok regarding the steps they need to take to validate and receive their prize. A secure form will request the following personal data: full name, phone number, date of birth, and delivery address to complete the validation process and prize shipment. Additionally, the winner must provide a copy of their ID for the Organizer to pay the applicable tax. In the same message, the winner will also be asked to provide proof of compliance with Article 5.1.2 (the winner will submit a screenshot demonstrating they follow the account https://www.tiktok.com/@samedayromania), to proceed with the validation process and prize shipment.

7.3. If the potential winner does not respond to the message from the Organizer’s Agency within 24 hours of its transmission or does not meet the validation conditions, the winner will be invalidated and will lose the right to the prize. The reserves will then be validated in the order they were drawn. The same validation procedure will be repeated for each reserve designated for the prize until a reserve is confirmed as the final winner.

7.4. The winning participants explicitly consent to the processing of their personal data for the delivery of their prize.

7.5. Each prize will be shipped to the winners by the Organizer, to the delivery address provided during the validation process. The prize will be handed exclusively to the winner, based on a handover report. The winner will present a valid identity document to the courier for identity and age verification and will sign the handover report upon receipt of the prize.

7.6. Refusal to present an identity document for identity verification or refusal to sign the handover report will result in the invalidation of the winner and the loss of the prize. The reserves will then be called upon, in the order of their extraction.

7.7. The prizes will be shipped to the winners exclusively within the territory of Romania, at the Organizer’s cost, within a maximum of 30 (thirty) days from the moment of the winners’ validation, based on a handover report prepared when each prize is delivered.

8. Announcement of Winners

8.1. The Organizer/”Organizer’s Agency” will publicly announce the names of the winners, the reserves drawn, and the name of the prizes awarded on the website: https://sameday.ro/regulamente/perfect-imperfect-vday-tiktok/.

9. Limitation of Liability

9.1. The Organizer/”Organizer’s Agency” has the right to take all necessary actions in case of attempts to defraud the system, abuse, or any other actions that could affect the image of this Campaign or the image of the Organizer or its affiliates.

9.2. In the event of a dispute regarding the validity of participation in this Campaign, the decision of the Organizer/”Organizer’s Agency” is final.

The Organizer/”Organizer’s Agency” is not responsible for:

  • Submission of contact data by the winner to an address other than the one indicated by the Organizer/”Organizer’s Agency” when the winner is informed that they have been selected. This may result in the winner not receiving the necessary contact data for validation by the Organizer/”Organizer’s Agency.”
  • Entries submitted outside the campaign participation period, as defined in Chapter 4.
  • Entries that do not comply with the campaign mechanism detailed in Articles 4 and 5.
  • Entries that do not contain all required information as specified in the campaign post.
  • Disputes regarding the rights of participants over their TikTok profile or contact data.
  • Any attempt to participate in the campaign that does not comply with the campaign’s mechanism as detailed in Article 5 of the Regulation.
  • Errors in the data provided by the winner (e.g., inaccurate contact details) that result in the inability to send the prize correctly, failure to identify a winner, or the inability to deliver the prize.
  • The Organizer/”Organizer’s Agency” is not responsible for delays in prize delivery due to incorrect postal address communication by the winner or other reasons not attributable to the Organizer.
  • Loss of login details by a participant, account blocking, or any issues with TikTok profiles or email addresses of the participant that make it impossible to contact or validate the participant. These are not the responsibility of the Organizer/”Organizer’s Agency.”
  • Platform errors or errors caused by the participant’s incorrect use of their personal computer (e.g., power failure, operating system errors, system virus issues, or the participant’s malicious use of technology to manipulate the campaign results).
  • Errors caused by using other technologies or social media platforms than those indicated by the Organizer/”Organizer’s Agency” in the Regulation.
  • Circumstances in which certain participants are partially or fully unable to participate in the campaign due to situations beyond the Organizer’s/”Organizer’s Agency’s” reasonable control. These circumstances may include incorrect, incomplete, delayed, or distorted information due to user actions on the website/social media platform, equipment failures, or other technical issues. It can also be due to technical difficulties affecting internet connections and/or computing equipment and/or applications used by the service provider or issues caused by high traffic on the internet or website.
  • The Organizer/”Organizer’s Agency” is not responsible for any damage suffered by any winner in connection with the prize won. Participants understand and acknowledge that the Organizer will not be held responsible for any potential damages or injuries suffered by participants or caused to third parties as a result of using the prize. If the designated winner suffers damage or injury due to normal use of the prize and any manufacturing defects, they should address the manufacturer as per the information provided in the warranty certificate accompanying the prize.
  • All participants acknowledge and agree that TikTok will not be held responsible for any damage suffered by participants as a result of their participation in the campaign.

10. Processing of Personal Data

10.1. The Organizer, as the Data Controller, and the Agency, as its Processor, will process the personal data of the Participants in this Campaign in accordance with applicable data protection legislation, including the EU Regulation 2016/679 – GDPR, under the following conditions:

Identity of the Data Controller

The data provided by participants will be processed by Wopa Advertising SRL, hereinafter referred to as the “Operator.”

Purposes of Processing

The personal data processed in the framework of the promotional Campaign will be handled by the Operator, through the Authorized Agency, for the following purposes:

  • For organizing the promotional Campaign and managing registrations for the Campaign.
  • For validating winners and delivering prizes.
  • For fulfilling the Operator’s tax obligations related to awarded prizes – in the case of winners of prizes with taxable value. Without this information, the Operator will not be able to file the related declarations with the tax authorities.
  • To provide responses to consumer requests/complaints (including participants or individuals providing personal data through contact pages or infoline). If individuals wishing to participate and/or winners refuse to provide the required data for registration and/or validation, they will not be able to register for the Campaign or be validated to receive their prizes.

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, the processing is done based on the consent of the participants (GDPR 6.1.a).
  • For fulfilling the Operator’s tax obligations related to awarded prizes – in the case of taxable prizes, the processing is based on Article 6.1.c GDPR. Without this information, the Operator will be unable to file the required tax declarations.
  • For providing responses/clarifications to consumer requests/complaints, the processing operates based on the consent of the participants (GDPR 6.1.a).

Processed Data

  • For participants: TikTok account.
  • For winning participants: TikTok account, first name, last name, phone number, age, email address for prize delivery, delivery address of the prize, and a copy of the ID.

Data Retention Period

  • Participant data will be stored for a period of 90 days from the end of the Campaign.
  • Data of winners of prizes exceeding 600 RON will be stored for the duration required by the relevant legal regulations.

Method of Processing

For the purpose of executing the promotional Campaign, the data will be collected and stored in the database of participants (those entered into the drawing and selected as winners). The personal data collected will be processed by the Authorized Agency for registration, organizing the draw, validating winners, contacting them, fulfilling the Operator’s tax obligations (if applicable), and delivering the prizes. The data will not be used for any other purposes. Data subjects will not be subject to decisions based solely on automated processing of their data that could have a legal effect or significant impact.

Confidentiality

Data will be collected, processed, and stored by the Authorized Agency. Data will not be transferred abroad and will not be disclosed to third parties, except for the public disclosure of the winner’s name and surname as required by O.G. 99/2000, or when the Operator or its Agents are legally obliged to disclose such personal data to authorities.

Rights of Data Subjects

During the data collection and processing period, the data subject has the right to request access to their data, rectification or deletion of their data, or restriction of processing. They also have the right to object to the processing and the right to request data portability to another operator. Data subjects can withdraw their consent to processing at any time. In case of suspected irregularities in the processing of personal data, the data subject may file a complaint with the National Supervisory Authority for Personal Data Processing (B-dul G-ral. Gheorghe Magheru 28-30, Sector 1, 010336 Bucharest, Romania, www.dataprotection.ro, [email protected]).

How to Exercise Your Rights

For any request related to personal data, the data subject may contact the Operator by email at: [email protected].

11. Complaints and Disputes

11.1. A written request by participants to report a violation of this Regulation must be submitted to the Organizer within 48 hours of the announcement of the winner’s name. Any complaint submitted after this deadline will be considered invalid. The following 15 calendar days are reserved for resolving complaints.

11.2. Any disagreements between the Organizer and the participants will be resolved amicably or, if this is not possible, will be submitted to the competent Romanian courts in Bucharest, in accordance with Romanian legislation.

12. Miscellaneous

12.1. Participation in this Campaign implies acceptance of these Rules. No additional costs will be imposed on participants, except for the normal costs associated with the Campaign.

12.2. By providing personal data through the methods explicitly indicated in the Rules, participants and winners give their express and unconditional consent for their personal data to be included in the Organizer’s database, operated by the Authorized Agency, for the purpose of registering, participating in the Campaign, validating and awarding prizes, and fulfilling the Organizer’s tax obligations related to taxable prizes. Personal data will be stored until the winners are selected, and in the case of winners, for a period equal to the legally required document archiving period.

12.3. All participants are guaranteed their rights in accordance with the General Data Protection Regulation (GDPR) (EU Regulation 2016/679): the right to information, the right to access, the right to rectification, the right to erasure (“the right to be forgotten”), the right to restrict processing, the right to data portability, and the right to file a complaint with a supervisory authority. To exercise these rights, participants should send a request to the Organizer by email at: [email protected].

12.4. The Organizer is not responsible for paying taxes, social and health insurance, or other tax obligations related to the prize, except for withholding tax on individual income arising from promotional campaigns, which the Organizer is required to calculate, withhold, and transfer to the state budget, in accordance with the provisions of the current Fiscal Code, in the case of taxable prizes, through the implementing Agency if applicable.

12.5. Unawarded prizes will remain in the possession of the Organizer, who may dispose of them in any manner deemed necessary or appropriate.

12.6. If any provision of these Rules is declared void, the remaining provisions will remain valid as long as they can still produce legal effects in the absence of the void provision. If possible, the void provisions will be replaced with a valid legal regulation that most closely corresponds to the intended purpose.

12.7. The Rules of the Campaign are available to any requester, free of charge, throughout the duration of the Campaign, on the page https://sameday.ro/regulamente/perfect-imperfect-vday-tiktok/.

ORGANIZER,
DELIVERY SOLUTIONS S.A.

[1] TikTok is not a sponsor, endorser, or in any way affiliated with this Campaign.

[2] TikTok Platform is not a sponsor, endorser, or in any way affiliated with this Campaign.