GENERAL TERMS AND CONDITIONS

PART 1. GAMES ORGANIZER

1.1. The activity in connection with the games is organized and conducted by “Avendi” OOD, with UIC 130591250, with headquarters and management address in Sofia, 7 Iskarsko Shosse Blvd., TC Evropa, building 12, floor 2, hereinafter referred to as the “Organizer”.

1.2. These General Terms and Conditions apply to all games organized by the Organizer on the official social media profiles for Bulgaria (Facebook, Instagram, etc.) of the brands Chicco, BioNino, Plasmon, Tabasco, Thinkle Stars, Kamis, Filippo Berio, Borges hereinafter referred to as the “Games”.

PART 2. OFFICIAL RULES

2.1. By participating in a Game organized by “Avendi” Ltd., participants are bound by these General Terms and Conditions and agree to comply with the terms and conditions of the Game, described in detail in the respective Instagram/Facebook profile relating to the specific activity, as well as these General Terms and Conditions.

2.2. The Organizer has the right to change the General Terms and Conditions of the Game at any time, announcing this on the page where the activity is taking place.

PART 3. TERRITORY OF CONSUMER CAMPAIGN

3.1. The games organized by Avendi OOD are held on the territory of the Republic of Bulgaria.

PART 4. RIGHT TO PARTICIPATE

4.1. All individuals over the age of 18, residing on the territory of the Republic of Bulgaria and fulfilling each of the conditions for participation described in the specific Game are entitled to participate in the Games.

4.2. Employees of the Organizer, as well as persons sent by other companies to temporarily perform work for the Organizer when it acts as a user enterprise, are not allowed to participate in the Games. This restriction also applies to their family members.

PART 5. OBLIGATIONS IN RELATION TO AWARDS WITH A HIGHER MARKET VALUE

5.1. For prizes with a market value of over 120 BGN including VAT, the winners are deemed to be notified that, within the meaning of Art. 65, para. 7 of the Personal Income Tax Act (PITA) and all related conditions in the same law, the Organizer has the obligation to declare the prize won and data about the winners to the National Revenue Agency for the relevant period, as well as to pay the tax due for the same.

PART 6. DETERMINATION OF WINNERS

6.1. The winning participants will be drawn randomly, in the manner described in the publication for the specific Game on social networks.

6.2. Within 7 days after the names of the winning participants are drawn, they will be announced in an anonymous manner on the page of the held Game, through the first letter of their name and surname (username), as well as the last four digits of their phone number (if one was provided). Within 7 days of the announcement of the winning participants, they are obliged to contact the Organizer via a private message to the Organizer’s profile on the page where the Game was held and to send the remaining data necessary to receive the prize.

6.3. In the event that a winning participant does not fulfill the requirements specified in item 6.2. and does not contact the Organizer within the specified period, the Organizer reserves the right to withdraw another winning participant. In such a case, the initially withdrawn participant loses his right to the prize, and the Organizer is not responsible for providing it, nor for paying any compensation.

6.4. The prizes are personal, cannot be transferred or exchanged for their monetary equivalent or for other prizes in kind.

6.5. Each person who has fulfilled the conditions for participation in the game participates in the prize draws an unlimited number of times, but can only win one prize within the specific mechanics.

PART 7. PROCEDURE FOR RECEIVING THE PRIZES

7.1. Prizes are awarded to participants eligible to participate in the Game in accordance with Part 4 and the rest of these rules.

7.2. If a participant wins a prize, his/her data will be published in an anonymized manner on the page where the Game was held. Within 7 days of the announcement of the winning participants, they are obliged to communicate with the Organizer by sending a private message to the Organizer’s profile on the page where the Game was held and to send the remaining data necessary to receive the prize.

7.3. The prizes will be awarded in the following manner:

• Upon winning a prize, the winner must contact the Organizer within seven days of the announcement of the winners by sending a private message to the Organizer’s profile on the page where the Game took place and provide their two names, address and contact phone number so that the prize can be sent by courier.
• The data provided is necessary and will be used only in connection with the physical delivery of the prize, and if necessary, to fulfill the Organizer’s legal obligation to declare the awarded prize to the tax authorities.
• After the seven-day period has expired, the Organizer has no obligation to provide a prize.
• The prize will be awarded to the winning participant within two weeks after providing the necessary data to receive it.
• The Organizer is not responsible for providing a prize if contact information is incorrectly submitted, when the information is incomplete or when the participant cannot be found at the contact details provided, as well as if it is established when awarding the prize or at any other stage of the Game that the participant is not of the required age to participate or does not meet any of the other requirements for participation in the Game.

PART 8. REPLACEMENT AND ASSIGNMENT OF PRIZES. NO CASH EQUIVALENT

8.1. The prizes are personal, cannot be transferred or exchanged and cannot be exchanged for their cash equivalent. 

PART 9. TERMINATION OF THE GAME

9.1. The Organizer has the irrevocable right to terminate the Game at any time, announcing this in accordance with item 2.2. of these General Terms and Conditions, in case it finds abuse or mass violation of the rules, in case of force majeure circumstances or for other objective reasons. In case of abuse, bad faith behavior or violation of the General Terms and Conditions by a participant, the Organizer has the right to disqualify him. In these cases, the participants are not due compensation.

PART 10. DISPUTES AND LIABILITY

10.1. Disputes between the Organizer of the Game and participants in the same shall be resolved by mutual agreement. If such an agreement cannot be reached, the dispute shall be resolved by the competent courts in the Republic of Bulgaria.

10.2. The Organizer is not responsible for any defect in a prize, as well as for any damage caused to any of the prizes.

10.3. The Organizer of the Game is not responsible and will not cover any possible costs for internet access of a participant in the Game, incurred as a result of actions related to the Game.

10.4. The Organizer will not be liable for providing prizes claimed outside the deadlines specified in these rules.

PART 11. PUBLICITY. PERSONAL DATA

1 1.1. The Organizer is the Administrator of personal data, in accordance with the Personal Data Protection Act (PDPA).

11.2. By participating in the Game, the participants understand and agree that these General Terms and Conditions have the force of a contract concluded between each participant and the Organizer and fully accept the terms and conditions for participation in the Game, the rules for determining winners, awarding prizes and others described above. At any time, each participant may terminate their participation in the Game by sending a personal message to the Organizer’s profile on the site where the Game is held with a request to terminate . In the message, the person wishing to terminate their participation indicates the profile with which they participated in the Game, and the Organizer deletes the activity. In the event that the participant has not won a prize, they lose their right to participate and the opportunity to win after their activity in the Game is deleted.

11.3. By participating in the Game, participants declare that they are informed of their rights under the requirements of the General Data Protection Regulation (GDPR), namely:

• Right to information regarding the processing of personal data and a copy of the processed data;
• Right to correct inaccurate data or complete incomplete data;
• Right to erasure of personal data and, in the event that the personal data has been made public, the right to require the Co-Organizers to notify other personal data controllers of a request for erasure;
• Right to restriction of processing of personal data;
• The right to receive personal data concerning the data subject in a structured, commonly used and machine-readable format and the right to request the transmission of these data to another administrator;
• Right to object to data processing in order to have it stopped;
• Right to withdraw consent at any time to stop data processing based on consent. Withdrawal will not affect the lawfulness of processing based on consent up to the time of its explicit withdrawal;
• Right to complain to the competent supervisory authority if it considers that data processing constitutes a violation of the GDPR.

Each participant provides the personal data necessary for participation in the Game and agrees, unless otherwise provided for in the applicable Bulgarian and European legislation, that this data be collected, stored, processed and used for the purposes of:

• identification of persons in connection with regularly completed registration, compliance of participants with the minimum age requirement and participation in the Game;
• identification of winners through the requirement to provide three names, address and telephone number, for the purpose of verification and receipt of the prize and fulfillment of the Organizer ‘s legal obligations according to tax and accounting legislation.

When fulfilling the rules for participation in the Game, in accordance with these terms and conditions and in accordance with the current applicable Bulgarian and European legislation, the personal data of the participants may be processed and included in the database of: (a) the Organizer (b) third parties (e.g. subcontractors), (c) business partners and contractors of the Organizer, as well as (d) other persons, if provided for in a regulatory act. The Organizer has the right to provide personal data to the participants also when their provision is mandatory by law or other regulatory act.

The organizer will process personal data for a period of time, respectively:

• for the winners – for a period of up to 5 years from the award of the prize on the basis of the legitimate interest of the Organizer (in order to ensure their legal protection in the event of any claims by the winners in connection with the awarded prizes) and in fulfillment of the Organizer’s legal obligations under tax and accounting legislation for reporting, declaring and paying the tax due on the awarded prizes, where applicable. ;
• for the other participants – up to 1 year after the end of the Game.

By participating in the Game and accepting these Terms, each participant: (a) declares that he/she provides his/her own personal data, (b) declares that he/she is familiar with the purposes and conditions of processing his/her personal data and voluntarily provides his/her personal data, (c) expresses his/her explicit, voluntary and informed consent to his/her personal data being processed by the Organizer and by the persons specified in these general terms and conditions for the purposes and in accordance with the conditions specified therein, (d) expresses his/her explicit, voluntary and informed consent to his/her personal data being used in accordance with these general terms and conditions for direct marketing purposes and (e) declares that he/she is aware of the opportunity provided to him/her at any time to object to the processing of his/her personal data for direct marketing purposes, as well as to the disclosure to third parties and the use by the relevant third parties of his/her personal data for direct marketing purposes, by sending a written application, as described above.

11.4. By participating in this Game, participants understand and are informed that in the event of winning a prize, their names (usernames) may be used by the Organizer in audio, video, printed, and published on the Internet materials for the purpose of announcing the results of the relevant advertising campaign, for which the Organizer does not owe them any payment. In addition to the foregoing, participants understand and are informed that the Organizer or persons authorized by it may contact them on the contact telephone number provided by them during and in connection with the Game, as well as for a period of 6 months after its end, and in the event of a dispute – until the termination of the case.

The participant has the right to file a complaint with the CPDP regarding the processing of personal data at the address Sofia, 2 Prof. Tsvetan Lazarov Blvd. or by e-mail: kzld@cpdp.bg .

PART 1 2. GENERAL PROVISIONS

12.1. The Parties declare that if any of the clauses of these General Terms and Conditions prove to be invalid, this will not result in the invalidity of the General Terms and Conditions, other clauses or parts thereof. The invalid clause will be replaced by the mandatory provisions of the law or established practice.

12.2. For all issues not regulated by these General Terms and Conditions, the provisions of the current legislation of the Republic of Bulgaria shall apply.

12.3. All disputes between the parties shall be resolved in a spirit of understanding and good will, including by following the procedure specified above. In the event that no agreement is reached, the dispute shall be referred for resolution to the competent Bulgarian court with its seat in the city of Sofia.

12.4. These rules are a supplement to the rules described in the specific Game organized on the websites and social networks of the brands described in item 1.2., namely:

https://www.facebook.com/ChiccoBulgariaofficial

https://www.facebook.com/profile.php?id=100069139101494

https://www.facebook.com/ThinkleStars

https://www.facebook.com/PlasmonBulgaria

https://www.facebook.com/bioninobg

https://www.instagram.com/plasmonbulgaria/

https://www.instagram.com/chicco_bulgaria/

https://www.instagram.com/bionino.bulgaria/

www.plasmon.bg

www.bionino.bg

www.chicco.bg

https://www.thinklestars.com/

https://www.facebook.com/tabascobulgaria/

https://www.facebook.com/borgesbulgaria/

https://www.facebook.com/kamis bulgaria/

https://www.facebook.com/filippoberio.bg/

12.5. These rules apply until their explicit cancellation by the Organizer.