NORTHCLUB COMPETITION RULES
The terms used in these Competition Rules should have the following meaning, unless the context in which they are applied indicates otherwise:
- NORTHGATE LOGISTICS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA [A LIMITED LIABILITY COMPANY A LIMITED PARTNERSHIP] – NORTHCLUB Competition Organizer
- Participant – an individual who has entered the NORTHCLUB Competition, accepted the Rules and received confirmation of participation in the NORTHCLUB Competition.
- Sodexo Rewards Card – a Mastercard type card, issued to the Competition Participant, to be used to exchange the Points for credits on the card.
- NORTHCLUB Card – a card issued to the Competition Participant for the purpose of identification and confirmation of the Competition registration and to exchange the Points for Prizes.
- Sodexo – Sodexo Benefits and Rewards Services Polska” Spółka z ograniczoną odpowiedzialnością [a limited liability company], with its registered office in Warsaw, ul. Kłobucka 25, entered in the Entrepreneurs’ Register of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under number 0000033826, with the share capital of PLN 3 000 000, NIP 522-23-57-343, an entity that cooperates with NORTHGATE LOGISTICS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA, including offering the Sodexo Rewards Card to the Participants.
- Prize – the benefit provided for in the NORTHCLUB Competition, received in exchange for the Points earned.
- Points – units of account in the NORTHCLUB Competition awarded to the Participants for the purchase of services, under the terms stipulated in the Competition Rules.
- Points’ Balance – the number of Points that the Participant has collected on account of participation in the NORTHCLUB Competition, including for the purchase of services, under the terms stipulated in the Competition Rules.
- Participant’s Form – a form submitted in a hard copy or in an electronic form on NORTHCLUB.PL website by a person entering the NORTHCLUB Competition, containing the Participant’s personal data, acceptance by the Participant of these Rules and consent to processing the Participant’s personal data.
- Contracting Party – an entity which purchases services from NORTHGATE LOGISTICS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA, whereas it may be a natural person running a business activity, a legal person or a commercial law company.
- GDPR – the Regulation (EU) 2016/679 of the European Parliament and the Council 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 dated 27 April 2016.Operator – one of the Organizers that provides services for the acquired Contracting Party.
2 General provisions
- The Organizer of the NORTHCLUB Competition is NORTHGATE LOGISTICS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with its registered office in Pruszcz Gdański, ul. Nowowiejskiego 24a, entered into the Entrepreneurs’ Register maintained by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register under KRS number 0000687531 REGON: 367821853 NIP: 6040186712.
- Northgate Logistics is the promisor of the prize within the meaning of Article 919 of the Civil Code.
- The competition includes shipping services provided by the Organizer.
- The competition is organized on the territory of the Republic of Poland and the EU.
- The competition is carried out from 25/03/2019 and lasts for 5 years, i.e.
- until 24/03/2024. The competition consists of stages lasting 14 days each.
- During the Competition, the Participants compete with each other, who of the Participants, during the Competition stage, orders transport services of the highest net value to the Organizer on his own behalf or on behalf of the Contracting Party. The Participant who collects the largest amount of points during the Competition stage shall be entitled to the highest prize.
- The Organizer may cancel the Competition at any time, informing the Participants of the planned cancellation and the date of the Competition’s termination at least one week in advance.
- By organising the Competition, the Organizer does not intend to impede access to the market for the other entities offering services similar to those of the Organizer, in particular the conditions of participation in the Competition and the conditions of obtaining the prizes in the Competition are not in any way dependent on the quantity of the services purchased from the other entities, which were ordered by the Competition Participant both during and after the Competition.
3 Conditions for entering the NORTHCLUB Competition
- Only natural persons of age and full legal capacity may become Participants of the NORTHCLUB Competition, whereas each Participant must meet one of the following conditions:
- to run a business activity and cooperate with the Organizer and within this cooperation order it the organisation of transport,
- to be employed under an employment contract or civil law contract with the Organizer’s Contracting Party and have, if required by the Contracting Party, the Contracting Party consent to participate in the above mentioned Competition.
- Entering the NORTHCLUB Competition is conditioned upon:
- purchasing by the Contracting Party of the services from Northgate Logistics, the purchase of which is rewarded with the Points;
- correct completion of the Participant’s Form. The Participant’s Form should contain at least the first and last name, indication of the Contracting Party’s company, address for delivery (including delivery of the Prizes), telephone number, e-mail address, acceptance of the NORTHCLUB Competition Rules, acceptance of the Sodexo Regulations and consent to the processing of personal data, consent to the disclosure of data to Sodexo and the Bank,
- obtaining the necessary consents for participation in the Competition as described above.
- In the event of any changes to the data provided to enter the Competition in the Form, the Participant should notify Northgate Logistics within 14 days of the change. Northgate Logistics is not responsible for the possible consequences of the Participant’s failure to notify about the change of data.
- Northgate Logistics is not responsible for the consequences of the Participant providing false data or the data of another person.
- When entering the Competition, each Participant is obliged to obtain a written consent of the Organizer’s Contracting Party for his/her participation, if it results from the relationship between the Participant and the Organizer’s Contracting Party that participation in this type of Competition requires such consent.
- After registering for the Competition, the Participant will receive a confirmation of participation (NORTHCLUB Card), which serves to identify the Participant in the Competition and to record the Points earned by the Participant. The Card will be delivered to the Participant by mail or courier. The Card entitles the Participant to carry out all the activities provided for in these Rules, in particular to collect the Points, to exchange the Points for Prizes, to update the personal data, to express/ withdraw consent to receive commercial information by electronic means, to file complaints. The Card issued to the Participant remains the property of Northgate Logistics.
- Participation in the Competition is valid for a period of 3 months from the last registered order of services purchased from Northgate Logistics, e. a break in purchase of services provided by Northgate Logistics should not be longer than 3 months to participate in the Competition. It is not allowed for a Participant to transfer points from his / her own Points’ Balance to the Points’ Balance of another Participant. A Participant can only have one NORTHCLUB Card at the same time. In the event that a Participant has more than one NORTHCLUB Card, Northgate Logistics is entitled to cancel all Cards of that Participant, which means the Points’ Balance assigned to all participation confirmations will be cancelled.
- By entering the Competition, the Participant agrees to have his/her personal data processed for the purposes of the Competition and accepts the provisions of these Rules, accepts the Sodexo Regulations and agrees to make the data available to Sodexo and the Bank.
- Participation in the Competition and provision of the data related to the participation is voluntary, but necessary in order to take part in the Competition.
- The participant may enter the Competition at any time during its duration.
4 Principles of participation in the Competition
- The Competition is based on the fact that the Participants in a given stage of the Competition compete with each other as to which of the Participants, during the Competition stage, shall order transport services of the highest net value to the Organiser on his own behalf or on behalf of the Contracting Party.
- The Organizer, through its employees, documents the value of orders for Organizer’s services made by the individual Participants of the Competition on the basis of its own sales documentation (sales reports, invoices).
- Orders placed by a Participant must be paid during a given stage of the Competition in order to be taken into account in the Competition. Orders that are cancelled or unpaid will not be included in the Competition.
- The Participant receives Points for purchasing Organizer’s services.
- The points are calculated on the net amounts of the invoice paid, issued to the Participant employing company or the Participant’s company for the services purchased from Northgate Logistics. For each paid invoice, the Participant receives a number of points equal to 1% of the net invoice value.
- After completing three orders and signing up for the NORTHCLUB Competition, the customer will receive a VOUCHER giving the possibility of charging a discount after completing the transport.
- In the case of a justified suspicion that the Points were awarded for services not actually purchased or to persons not authorised to collect them under the Rules, the exchange of Points is withheld until the matter is clarified. Suspension of the exchange of Points applies only to the Points for which there is a justified suspicion referred to in the first sentence. Consequences of violating the Rules are defined in § 10 point 3.
- The points awarded in the Competition may only be used in the manner set forth in these Rules.
- Within 14 days from the date of completion of a given stage of the Competition, the Organizer shall determine its results on the basis of the sales documentation in its possession. If a Participant wins, the Organizer shall inform individually each winning Participant of this fact, using the contact details referred to in §3 point 2 letter b) of the Rules.
5 Exchanging Points
- The Points can be exchanged by the Participants only for the following Prizes: a recharging Sodexo Rewards Card, as a discount to the invoice for the completed order, support for a charity indicated by the Participant that has a PBO status, Northgate Logistics Company Gadgets.
- The Points awarded in the Competition cannot be exchanged for cash. The Points can only be exchanged for the Prizes as defined in point 1 above.
- The recharging Sodexo Rewards Card will be sent to the Participant at the address specified by the Participant along with a copy of the Card Use Regulations. The Participant undertakes to use the Card in accordance with the aforementioned Card Use Regulations. The Sodexo Rewards Card identifies the issuer and entitles the Participant to pay for purchases. The Sodexo Rewards Card remains the property of its issuer. The Sodexo Rewards Card is active for a period of 2 years from the date of issue. In the event of the Card being lost, stolen or otherwise lost and in the event of the Card’s data being disclosed to an unauthorised person, the Participant or the Cardholder is obliged to report this fact immediately by phone to the Sodexo Service Centre (tel. 22 535 11 11), to the e-mail address email@example.com or in any other way specified in the Card Use Regulations, in order to cancel the Card. The Participant or the Cardholder reports any other problems with the Card to the Card issuer.
- In connection with the Prize received, the Operator of a given Contracting Party should additionally assign a cash amount of 11.11% of the Prize’s value, which should not be released to the Participant, but which shall be deducted by the Operator before the Prize is released and paid as a tax on the prize won in the competition to the appropriate tax office. The Operator is the payer of the flat-rate income tax on the value of the Prize received by the Participant. The monetary element of the Prize will therefore not be released to such a Participant, but will be used to pay the Participant’s due personal flat-rate income tax on the prizes. The Participants of the Competition agree and authorise the relevant Operator to make the appropriate deduction.
- The Participant may not exchange the Points for a monetary equivalent.
- The exchange of Points for a Prize reduces the Participant’s Points Balance.
- At the time of the points exchange the Participant must be running a business or be actually an active employee/employed under a civil law contract with Northgate Logistics Contracting Party. A Participant who does not work for the Contracting Party on the basis of the employment contract or any other civil-law contract or who does not run any business activity in his / her own name has the possibility to exchange the points for prizes within 30 days from the end of a given stage of the competition. The prizes specified in point 1 shall be executed within 14 days from the date of determining the right to the Prize. The ordering or direct receipt of the Prize by the Participant shall be deemed the Participant’s statement that he/she is entitled to receive the Prize in accordance with the provisions of these Rules.
- When ordering the Prize to be sent to the address provided by the Participant, the Participant is obliged to confirm this address.
- Northgate Logistics shall not be responsible for the fulfilment of the Prize order when it is not possible to deliver the Prize to the Participant’s address indicated in accordance with the provisions of Section 8 above.
- When collecting the Prize, the Participant should sign the Prize receipt, compliant with the signature put on the Participant’s Form.
- When collecting the Prize, the Participant may be asked to show an identity document.
- Northgate Logistics reserves the right to change the point values assigned to the services ordered from Northgate Logistics. The changes become effective within 14 days of publication on the website northclub.pl.
- Northgate Logistics reserves the right to change, temporarily stop issuing or withdraw the Prizes in the NORTHCLUB Competition for reasons beyond its control. In such a case, the Participant will be notified by Northgate Logistics In the event that the absence of a Prize ordered by the Participant would be disclosed only after the above mentioned change, the Participant will be notified thereabout and may choose whether to select a substitute Prize or a refund of the equivalent of the points for the Prize ordered.
6 Customer Service Office
- Information regarding the NORTHCLUB Competition can be obtained by phone or email at firstname.lastname@example.org or at the Northgate Logistics head office in Pruszcz Gdański, Nowowiejskiego 24a, 83-000 Pruszcz Gdański.
- In order to safeguard the interests of the Participants, the right is reserved to ask questions to identify the Participant during a telephone call. If a Participant refuses to provide identifying information, Northgate Logistics is under no obligation to treat the contacting person as a Participant and provide the information.
- The Organizer – NORTHGATE LOGISTICS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA should make available to the Participants the common website for each of the Organizers https://northclub.pl/, where the Rules of the NORTHCLUB Competition should be published.
- The Organizer reserves the right to temporary unavailability of the website in whole or in a part of its functionality for a specific period of time.
7 Liability of the Organizer
- The Organizer’s liability to the Participant shall be limited to the value of the Prize.
- The Organizer bears no responsibility for the delivery and timeliness of delivery by the appropriate operators, including Poczta Polska, couriers, and by means of the telecommunication systems (including e-mail) of the letters, messages and parcels addressed to and by the Participants, nor for the interruptions and other irregularities in the functioning of the websites and services, via which the
Statements of participation in NORTHCLUB Competition are submitted. The Organizer should not be responsible either for the possible technical problems affecting the fulfilment of the Competition participation conditions.
- The Organizer shall not be liable for any failure by the Participants to comply with the provisions of these Rules.
- The Organizer reserves the right to exclude from the Competition the Participants by removing the Entry of such a Participant, who violate the provisions of the Rules, in particular:
- conduct activities contrary to the law and decency,
- carry out activities violating the Organizer’s legitimate interests, which damage their image;
- does not have the required consents specified in these Rules.
8 Complaints procedure concerning the course of the Competition
- Complaints regarding the course of the Competition (especially concerning the way the Points are awarded and exchanging the Points for the Prizes) can be reported during the Competition in writing to the address of Northgate Logistics, using the electronic form on the website and by mail.
- Only the Participant to whom the complaint pertains has the right to file a complaint.
- The complaint should contain the name and surname of the Participant, address for delivery, as well as a detailed description and indication of the cause of the complaint.
- Complaints are handled by Northgate Logistics within 30 days from the date of their submission to Northgate Logistics in the manner specified in §8 point 1.
- Northgate Logistics’ decision on the complaint is final and binding. The Participant will be notified of Northgate Logistics’ decision in writing, or by email, including a message to the website inbox, within 30 days of the Participant’s complaint.
- Claims may be asserted in court only after the complaint procedure provided for in these Rules has been exhausted.
9 Final provisions
- The principles of each stage of the Competition are determined solely by the Rules and the mandatory provisions of law. All promotional and advertising materials are for information purposes only.
- Northgate Logistics reserves the right to amend the Competition Rules. Any amendments of the Rules will be effective from the date of their announcement on NORTHCLUB.PL.
- A Participant may opt out of the NORTHCLUB Competition at any time by submitting a written statement, which should then be sent to this Organizer’s registered office. In the event of resignation, Northgate Logistics will immediately delete the Participant’s personal data provided only for the purposes of the NORTHCLUB Competition.
- In the case of infringement by the Participant of the provisions of the Rules, Northgate Logistics has the right to exclude the Participant from the Competition along with the loss of the Participant’s accumulated points.
- Northgate Logistics reserves the right to terminate the NORTHCLUB Competition at any time, whereas Northgate Logistics should inform about termination of the Competition upon a 14 days’ notice. The points collected by Participants not redeemed for Prizes during the NORTHCLUB Competition will be cancelled as of the Competition end date and are not redeemable for Prizes. Prize orders made before the Competition end date are subject to fulfilment in accordance with the Rules.
- The rights arising from participation in the NORTHCLUB Competition may not be transferred by the Participant to a third party.
- Any disputes arising from the performance of the obligations related to the Competition will be settled by a court of competent jurisdiction under the provisions of the Civil Proceedings Code.
- The Rules are available for the Participants in the Northgate Logistics registered office and on the NORTHCLUB.PL website.
- The Rules shall come into force as of 22.11.2021.
10 Personal data
- By accepting these NORTHCLUB Competition Regulations, the Participant consents knowingly and voluntarily to have his/her personal data included in the Participant’s Form processed by Northgate Logistics Spółka z ograniczoną odpowiedzialnością Spółka Komandytowa with its registered seat in Pruszcz Gdański (83-000),
Nowowiejskiego 24a, registered in the Entrepreneurs’ Register maintained by the District Court Gdańsk-Północ in Gdańsk, VII Department of the National Court Register, under number 0000687531, REGON: 367821853, NIP: 6040186712 (hereinafter referred to as the “Controller”’), in order to participate in the NORTHCLUB Competition.
- By accepting the Rules of the NORTHCLUB Competition the Participant consents, knowingly and voluntarily, to the processing of the personal data indicated in the Participant’s Form by Sodexo Benefits and Rewards Services Polska Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw and Alior Bank S.A. to the extent necessary to use the Sodexo Rewards
- The Participants’ personal data will be processed by the Controller in order to take part in the NORTHCLUB Competition, including in particular the issuing of Prizes and processing of the possible complaints, as well as for the purpose of promotion, advertising and marketing of the Personal Data Controller’s products (goods and services).
- The basis for processing of the personal data is the legally justified interest of the data controller, which is marketing of the controller’s own products (goods and services) [Article 6(1)(f) GDPR].
- The recipient of the personal data of the Participants is Sodexo Benefits and Rewards Services Polska spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, banks, entities providing IT services for the Competition, courier companies, legal and tax advisors of the Controller, the public administration authorities, such as tax offices, accounting companies.
- The Participants’ data will not be transferred to a third country, i.e. outside the European Economic Area, or to the international organisations.
- Providing the personal data by the Participant is voluntary, but it is necessary in order to participate in the NORTHCLUB Competition. If data is not provided for the purpose of participating in the NORTHCLUB Competition, the Participant’s participation in the Competition will not be possible. If the Participant does not agree to receive marketing communications, it will not be possible to send information about the product (goods or services) offers which are attractive for the Participant.
- The Organizer will collect the following data from the Participants:
- first name and surname,
- e-mail address,
- phone number,
- address for correspondence (dispatch of the prize).
- The Organizer declares that the Participants’ data will be processed for the period necessary for the aforementioned purposes, as well as for the period the Controller is obliged to store the data on the basis of the separate legal regulations (e.g. tax or accounting regulations) and for the period necessary to establish, assert and defend the potential claims.
- The Organizer declares that the data of the Competition Participants will not be processed in an automated way and will not be subject to profiling.
- The Participants of the NORTHCLUB Competition have the right to access their data and the right to correct, delete, limit processing thereof, the right to transfer the data, to object, withdraw their consent at any time without affecting the legality of the processing performed on the basis of the consent before its withdrawal.
- The Participants have the right to lodge a complaint with the President of the Office for Personal Data Protection, when they think that the processing of their personal data infringes the provisions of the GDPR.
- While processing personal data, the Organizer shall apply personal data security measures by undertaking the technical and organisational measures referred to in 36-39a of the Act on Personal Data Protection.
Date 22 November 2021