RULES OF THE PROMOTIONAL ACTION “Uber Pink” DATED 21.07.2023 (“Statute”)

I. GENERAL PROVISIONS

1.1 The founder of the “Uber Pink” Promotional Action (hereinafter referred to as the “Promotional Action“) and its founder is Uber Polska Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (address: ul. Inflancka 4, 00-189 Warsaw), entered into the Register of Entrepreneurs of the National Court Register, held by the District Court for the Capital City of Warsaw in Warsaw, 12^th Commercial Division of the National Court Register under KRS number: 0000496290, NIP: 6793098102, REGON: 123030945 (hereinafter: the “Founder“).

1.2 The organization of Promotional Action as well as coordination of activities and preparation of the Promotional Action are coordinated by Przestrzeń Sp. z o.o. with its registered office in Warsaw (address: ul. Filtrowa 28, 02-032 Warsaw), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 12^th Commercial Division of the National Court Register under the number KRS 0000683774, REGON: 367610910, NIP: 7010700889 (hereinafter: “Coordinator“).

1.3 The Founder and Coordinator are hereinafter jointly referred to as “Parties involved in the Promotional Action“.

1.4 The Promotional Action consists in organizing an enclosed space located in the Stefan Wiechecki “Wiecha” Passage in Warsaw, in which a relaxation zone will be created with the “Uber Pink” theme (“Zone“).ithin the Zone participants will be activated on terms and conditions specified in the Statute. As part of the Promotional Action, it will be possible to take photographs and other materials in specially styled pink Cadillac vehicles bearing the name of the Founder. The indicated vehicles will also travel along a top-down defined route in Warsaw, offering the possibility of free passenger trip which will start and end at the same location (i.e. in the Zone) in order to promote the Uber brand and the “Uber Pink” Promotional Action.

1.5 The information and personal data provided by the person entering the Promotional Action shall be the information processed in accordance with the provisions of section IV of the Statute.

1.6 The Statute set out the terms and conditions for participation in the Promotional Action and the rules for its conduct.The text of the Statute is available onCoordinator’s office, in the Zone as well as on the dedicated webpage of the Founder under the address: [xxx]

1.7 The Promotional Action will be held on the territory of the Republic of Poland in accordance with the Statute and is subject to the provisions of Polish law.

1.8 Access to the Promotional Action is free of charge..

1.9 The Promotional Action is not a game of chance within the meaning of Art. 2 of the Gambling Act of November 19, 2009 (i.e. Journal of Laws of 2018, item 165) and is not subject to the rules contained in the above-mentioned act and in the executive regulations to this act

1.10 The purpose of the Promotional Action is to encourage customers to use the Founder’s services, and to promotion its services and increasing its brand recognition

1.11 The Coordinator shall ensure acceptance of this Statute by the Participants prior to entering taking part in the Promotional Action t.

II. PROMOTIONAL ACTION PARTICIPANTS

2.1 Participation in the Promotional Action is voluntary, but conditional on acceptance of the content of the Statute..

2.2 Participant of the Promotional Action (hereinafter: “Participant“) – subject to the provisions of para. 2.3 below – may be a natural persons who:
a) persons who are at least 15 years of age;
b) persons aged 13 to 15 with the written consent of a parent; 
c) persons under 13 years of age only when accompanied by a parent/guardian;
d) with limited legal capacity who take part in the Promotional Action with the consent of their legal representative or guardian,

e) who will participate in Promotional Action in accordance with the Statute,
f) meets the conditions for participation in the Promotional Action described in Point III of the Statute,

2.3 The Participant’s participation in the Promotional Action is voluntary and free of charge, in particular both the Participant and other persons involved in the Promotional Action do not pay any fees in connection with the participation in Promotional Action.

III. TIME AND CONDITIONS OF THE PROMOTIONAL ACTION

3.1 The Promotional Action begins on 21 July 2023 at 11.00 and ends no later than 23 July 2023 at 21.00 which is the time of the last possible trip (hereinafter: “Promotion Action Period“)
3.2 The conditions for participation in the Promotional Action are jointly:
a) getting acquainted with the content of the Statute and its acceptance before entering the Promotional Action, including the Information Obligation in accordance with Art. 13 GDPR;
b) having the consent of their legal representative or legal guardian to participate in the Promotional Action – in the situations specified in the Statute;
c) compliance with the conditions for safe trip,
d) giving permission for the Founder and the Coordinator to record and use their image for the purposes of the Promotional Action.

3.3 The Participant may enter the Promotional Action by:
a) arriving at the Zone on the days of the Promotional Action, each day between 11.00 and 21.00 and acceptance of the Statute in accordance with Clause 2.1.; 
b) after fulfilling the conditions for participation, granting consents, including for the image to be recorded and used for the purposes of the Promotional Action in accordance with Appendix No. 1 to the Statute.

Upon entering the Zone, the Coordinator is entitled to verify the age of the Participant and to request the consents referred to in the preceding paragraph. The Coordinator reserves the right to refuse to allow the Participant to enter the Zone if the consents referred to in the previous paragraph are not provided.

3.4 As part of the Promotional Action, Participant may benefit from an activation in the form of a free trip with one of two pink Cadillac cars marked with the name of the Founder with a predefined scenic route which will start and end in the same spot i.e. in the Zone (hereinafter: the Trip“). Trip shall be conducted on the rules set forth in this Statute.

3.5 The Trip starts at the moment of starting the drive and takes place exclusively along the defined route (“Route of the Trip“), the course of which is attached as Appendix No. 3. 

3.6 The Trip shall end at the place from which it started subject to the other provisions of the Statute.

3.7 The Participant may at any time while in the Zone notify the Coordinator of their wish to participate in the Trip..

3.8 A maximum of 3 persons can board one car per Trip

3.9 A maximum of two Trips can be made by the Participant during one day of the Promotional Action.

3.10 The Parties involved in the Promotional Action stipulate that it is not possible to carry animals, luggage other than hand luggage, luggage that is a nuisance due to smell or other properties that could disrupt the Trip as part of the Promotional Action.

3.11 The Coordinator decides on the possibility and order of participation in the Trip. No person whose participation in the Trip may violate the law or expose the driver, the Founder or the Coordinator to liability, in particular criminal or misdemeanour liability may use the Trip

3.12 The Founder, the Coordinator and the driver of the vehicle may refuse to carry out the Trip, interrupt the Trip that has started, ask to leave the area where the Promotional Action takes place and ask for the intervention of the competent services in the following situations:
1) the person who wishes to participate in the Promotional Action does not meet the requirements for participation in the Promotional Action, in particular:

2) The person who wants to take part in the Promotional Action is in a condition which makes it impossible to perform the Trip in safe conditions, in particular: 

3) other circumstances occur which make it impossible to carry out the Promotional Action in safe conditions, in particular circumstances which could not have been foreseen by the Parties involved in the Promotional Action.

3.13 During the Trip, Participants undertake to:
1) comply with the rules for safe passage,
2) comply with the driver’s instructions for safety,
3) get in and get out only at designated places,
4) do not drink alcohol, smoke cigarettes, e-cigarettes or other such products,
5) not to consume beverages (except with the consent of the driver), not to consume food products,
6) not to damage or pollute the car, not to litter.

3.14 The Parties involved in the Promotional Action reserve the right to change the Route of the Trip only in exceptional situations and only with the consent of the driver. By exceptional situations, the Parties involved in the Promotional Action particularly understand situations in which a change of the Route of the Trip is necessary for the protection of life or health, for safety reasons, in connection with disorder, in connection with changes in traffic organization independent of the Parties involved in the Promotional Action.

3.15 Participants are responsible for damage, pollution and other violations of the Statute caused by themselves and persons under their care.

3.16 Parents, legal guardians are responsible for children/young persons who are deprived or limited in their legal capacity and are obliged to ensure their safety adequate to their level of development and security and to take proper care of their wards. Parents/legal guardians by taking part in the Promotion Action or agreeing to their child/ward taking part in the Promotion Action accept the nature and course of the Promotion Action. By doing so, they accept that the cars that take part in the Trips are vintage cars without seatbelts. If a parent/legal guardian is asked to allow their child/ward to take part in the Trip, the parent/legal guardian accepts that they are responsible for their child’s/ward’s safety on the Trip and the Driver, Co-ordinator and Funder are under no obligation to allow the child/ward to take part in the Trip, nor do they provide child support devices or the ability to fit them.

3.17 The Coordinator guarantees that the execution of the Promotional Action has been preceded by the purchase of the relevant insurance policies.

3.18 Parties involved in the Promotional Action reserve the right to exclude from participation in the Promotional Action Participants whose actions are contrary to the law or to the Statute, in particular who do not meet any of the requirements for participation indicated in the Statute.

3.19 Within the Promotion Action, there will be a possibility to receive free cinema tickets (“Tickets”) as well as free discount vouchers for the services of the Founder (“Vouchers”). Vouchers and Tickets will be handed out as Founder and Coordinator see fit, whereby priority to receive Vouchers or Tickets will be given to the Participants who did not manage to take part in the Trip, in particular due to lack of riding capacities.

IV. PERSONAL DATA
4.1 The administrator of the Participants’ personal data is the Coordinator, contact address:  czesc@przestrzen.com.

4.2 The personal data of the Participants will be processed by the Coordinator 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 individuals with regard to the processing of personal data and on the free movement of such data (hereinafter ” GDPR “).

4.3 The personal data of the Participants will be processed for the following purposes and on the following legal grounds:
a) take part in the Promotional Action pursuant to Article 6 sec. 1 lit. a GDPR;
b) making settlements and pursuing claims related to running a business pursuant to Article 6 sec. 1 lit. f GDPR;
c) complaint proceedings for the purpose of implementing and defending claims arising from the Promotional Action. The basis for the processing of personal data in this regard is the legitimate interest of the data controller. Personal data processed for this purpose will be processed for no longer than the period of limitation of such claims.

4.4 Participants’ personal data may be transferred to other entities in connection with the implementation of the indicated goals. Participants’ personal data will not be transferred to a third country or to international organizations.

4.5 Participants’ personal data will be stored: in the case of processing the data referred to in para. 4.3 let. a and b – until the expiry of the limitation period for claims related to running a business;

4.6 The Participant has the right to request access to the Participant’s personal data, rectify it, delete it or limit its processing, as well as the right to transfer data. The Participant has the right to lodge a complaint to the President of the Personal Data Protection Office when the processing of the Participant’s personal data violates the provisions of the GDPR. The Participant has the right to withdraw consent to processing, however, exercising the right to withdraw consent does not affect the processing that took place until the consent was withdrawn. The Participant’s personal data will not be used for the automated making of decisions causing legal effects for the Participant.

4.7 Providing personal data is voluntary, but necessary to participate in the Promotional Action.

4.8 The Founder has been authorized by the Coordinator to process personal data for the proper conduct of the Promotional Action.

V. Preservation and use of the image
5.1 The Participants declare that they accept that during the Promotional Action the Founder, the Coordinator and persons designated by them are entitled to record the Promotional Action, including recording the Participants’ image. To this end, the Participant shall consent to the recording of his/her image in accordance with the statement attached as Appendix 1 to the Statute before entering into the Promotional Action.

5.2 The granting of consent is free of charge, unlimited in time and territory and voluntary, but necessary to enter the Promotional Action.

5.3 The image will be used in the materials of the Promotional Action published in accordance with its purpose.

5.4 The image of all persons will be published without disclosing their personal details (name, surname, age, etc.).

5.5 Consent to use the image entitles the Organizer and the Coordinator to: 

for an indefinite period of time and in the territory of the Republic of Poland and abroad.

VI. COMPLAINT PROCEDURE

6.1 Each Participant has the right to submit a written complaint regarding the manner of conducting the Promotional Action.

6.2 Complaints may be submitted in writing or by e-mail to the Coordinator and sent to the following address: with a note on the envelope or in the e-mail title. Promotional Action “Uber Pink”. Complaints made orally etc. will not be considered

6.3 The complaint should contain the exact details of the claimant (name and surname of the claimant, correspondence address, e-mail address, the reason for the claim and the claim requested by the claimant).

6.4 The claimant will be notified of the result of the complaint by registered letter within 14 days from the date of delivery of the complaint to the address specified in para. 6.3 above.

6.5 The Coordinator shall not be liable for incorrect data provided by the advertiser, which would make it impossible to respond to the complaint.

VII. FINAL PROVISIONS
7.1 The Statute of Promotional Action is available for viewing at the Coordinator’s office and in the Uber Pink Zone.

7.2 Prior to taking part in the Promotional Action, the Participant shall confirm that they agree to the rules of the Promotional Action contained in these Statute and shall confirm that they meet all the conditions that entitle the Participant to participate in the Promotional Action.

7.3 Any doubts regarding the rules of the Promotional Action, the provisions of its Statute and interpretation will be resolved by the Coordinator, with cooperation of the Founder.

7.4 Breach by the Participant of any of the provisions of these Statute, in particular failure to provide data, providing false data, failure to submit or submit false statements, violation of the law in connection with participation in the Promotional Action authorizes the Coordinator to exclude the Participant from the Promotional Action, even in the event of meeting other requirements provided for in the provisions of these Statute. Parents/legal guardians are responsible for providing false data or making inconsistent or incorrect statements by persons for whose participation in the Promotional Action the consent of a parent/legal guardian is required.

7.5 This Statute has been prepared in two language versions: Polish and English. In case of any discrepancies, Polish version shall be considered binding.