1.1. The “Pay with a Poem” promotional campaign (hereinafter referred to as the “Campaign”) is organized by Julius Meinl Industrieholding, with the offices in Julius-Meinl-Gasse 3-7, 1160 Vienna, registered with the Trade Registry under number 102559y, tax code: ATU 41214501, hereinafter referred to as the “Organizer”, through the agency S.C. BV. McCann-Erickson S.R.L., with the registered office in Bucharest, 18 Jules Michelet St., District 1, registered with the Trade Register under number: RO 8084031, being registered as personal data controller under no. 6353, hereinafter referred to as the “Agency”.
1.2. The decision as to the performance of the Campaign according to the regulation herein (hereinafter referred to as the “Official Rules”) is final and binding to all participants. The Organizer reserves the right to amend or change these Official Rules, by drafting an addendum to this regulation. Such amendments will be effective as of the date when these are published on the Campaign website, or any other data set out under the addendum.
The Organizer shall not be held liable for contacting the participants regarding the change of the Rules.
SECTION 2. VENUE AND TERM OF THE PROMOTIONAL CAMPAIGN
2.1. The Campaign is organized and carried out on the territory of the countries indicated in Annex no. 1, in the venues selected by the Organizer, as mentioned on the official site of the campaign, https://www.meinlcoffee.com/poetry/campaigns/pay-with-a-poem-2019/
The Campaign is implemented on March 21, 2019, from 00:01 to 23:59 local times for each participating location, in accordance with the provisions of this document, presented as the Official Rules.
SECTION 3. ELIGIBILITY
3.1. The Campaign is open to all individuals with the domicile/address on the territory of one of the countries listed in Annex no. 1 (hereinafter referred to as “Participants”) who are at least 18 years of age on the date on which the Campaign begins, who completely and in full consent accept the provisions of these Rules.
3.2. The following individuals are not eligible for participation in the Campaign: JULIUS MEINL employees, employees of agencies involved, and of all JULIUS MEINL distributors, as well as all members of their families, up to 2nd degree.
3.3. Participation in this Campaign imposes full, express and unequivocal knowledge and acceptance of these Official Rules.
SECTION 4. MECHANICS OF THE PROMOTIONAL CAMPAIGN
4.1. To register for the Campaign, the participants are required to be present at one of the venues selected by the Organizer, as mentioned on the official site of the campaign, https://www.meinlcoffee.com/poetry/campaigns/pay-with-a-poem-2019/, on March 21, 2019, and to present their poem in accordance with these rules.
4.2. Participants are required to meet the following conditions:
- have the right to participate pursuant to the provisions of Article 3;
- registration shall be made exclusively during the Campaign period provided under Article 2;
- the participants are required to be present at one of the venues selected by the Organizer, on March 21, 2019, between 12:01 AM and 23:59 PM (local time) of each of the countries indicated in Annex no. 1;
- Participants are required to write a poem with their own lyrics. The poem shall be written on a sheet of paper with the inscription “Pay with a Poem”, which is to be handed over to them by a representative of the Organizer, in the respective venue. The following contact data shall be also filled in on the same sheet of paper: surname, first name, and signature.
By signing off this sheet of paper, participants thereby represent that the poem is a personal creation, that the lyrics are original, and they hold all statutory rights on such lyrics, and, therefore, there are not other individuals who would hold any rights on the lyrics presented. Participants may not register a poem which is not original, or which can amount to an infringement of copyright or of any other applicable statutory right.
- The participants will receive a free beverage in exchange for their poem written in the coffee house, following the regulations mentioned above.
- On top of that, the participant may take a photo of the paper that with the poem on March 21, 2018 [sic] between 00:01 AM and 23:59, the local time of each country and to upload it on their public profile of Instagram accompanied by #PayWithAPoem hashtag, followed by the name of each country on whose territory the Campaign will take place, e.g.: #PayWithAPoemRomania, #PayWIthAPoemAustria, etc., according to the countries indicate din Annex no.1.
Such image should be clear enough to allow the Organizer to read the entire content of the poem and should be accompanied by #PayWithAPoem hashtag, followed by the name of each country on whose territory the Campaign will take place.
- The supplies, i.e. the pens and the paper for the registration of the poem in the Campaign shall be provided by the representative of the Organizer at the venue of participation.
4.3 The Organizer reserves the right to not consider the entries:
- which do not meet the requirements imposed under the relevant legislation or which are illegal, dangerous, malicious, slanderous, obscene, pornographic or vulgar, defamatory, racist or xenophobic, or infringe any copyright, nor any comments which may be considered as inciting to criminal or illegal acts;
- photos are not registered / posted during the period mentioned in Article 4.2
- the poem is not filled in the material made available to the consumer by the Organizer or its delegate present in the cafes mentioned on the official site of the campaign, https://www.meinlcoffee.com/poetry/campaigns/pay-with-a-poem-2019/
- the text of which incite to discrimination based on race or ethnic origin, religion, disability, age or sexual orientation, or is humiliating or degrading to these categories;
- the text of which do not meet the participation requirements: lyrics which are not original and have been copied from and belong to other authors.
- do no meet all the conditions under art. 4.2
- are considered inacceptable, at the Organizer’s discretion.
SECTION 5. PRIZES OF THE PROMOTIONAL CAMPAIGN
5.1. Prizes of the Campaign
|Na The prize||
|Net unit amount (with VAT/piece)||Total net amount|
Meet And Greet with JM global ambassador – Tom Odell
The estimated net amount of the prize in RON is RON 7,695 VAT included, and the estimated gross amount of the prize is RON 8,550 VAT and tax included.
The estimated net amount of the prize in EUR is EUR 1,620 VAT included, and the estimated gross amount of the prize is EUR 1,800 VAT and tax included.
5.2. Each prize shall include:
- Two tickets to Tom Odell’s concert to be held in Scotland, Glasgow, Kelvingrove Bandstand on the 1st of June 2019.
- Accommodation for 2 nights, for two persons, in a double room in a hotel of maximum 4 stars, at the choice of the Organizer, in Scotland, Glasgow.
- Daily allowance of 50 Euro per day for winner and accompanier for 2 days, which will be paid into an account specified by the winner;
- Medical insurance for winner and accompanier;
- The transport of the winner from the airport to the hotel, and the other way around will be included in the daily allowance;
- 2 plane tickets in economic class for the winner and the person accompanying the winner, from the capital city of the winner’s country to the city in which the concert shall take place;
- The prize shall be limited to the above. Anything that is not included above is excluded. For instance, the prize shall not include:
- transport of the winner from the reference town/city to the capital of their country of origin;
- any other expenses of the winner in the city where the concert shall take place;
- any other concert-related expenses, except for ensuring access by means of the invitation part of the prize.
- any other charges required to obtain any approval to travel from the winner’s country to the venue of the concert, for instance travel visa/visa to enter the country where the concert shall take place
As the final date of the concert is not known at the time when the Campaign starts, the final amount of the prizes could be different, because the plane tickets and accommodation are included in the prize. Once the Campaign is over and the winners of the prizes are known, the Organizer shall declare the total amount of the prizes under an Addendum.
The winners of the prizes granted in this Campaign will not cash in the amount of the prizes, or any other products.
The Organizer disclaims any liability as to issuance of the travel/access visas for the country where the concert shall take place by the individuals declared winners. In the event that the winner cannot be issued the necessary visas to come into possession of the prize, this shall not receive the cash equivalent of the prize.
5.3. Immediately after handing-over the prize and execution of the prize hand-over protocol by the winner, the Organizer shall be released of any liability under these Rules towards the winning participant.
SECTION 6. PROCEDURE OF PRIZE AWARDING AND WINNER VALIDATION
6.1. Prize Awarding
The Campaign prizes shall be awarded by jury decision, in 2 stages.
The selection of the poems entered in the Campaign shall be done as follows:
First stage – Selection of the poem from each participating country
Once the Campaign is over, all the poems entered pursuant to art. 4.2 will be deemed valid, and the representatives of the branch offices of the Organizer in each country listed in Annex no. 1 will have access to the entries from their country within 1 week after the end of the registration period. In each country mentioned in Annex no. 1, a jury made up of 2 Julius Meinl representatives shall select, until latest, April 04, 2019, 10:00 AM, 1 poem which will go to the next stage based on the evaluation criteria below.
Each country listed in Annex 1 shall have to submit the winning poem to the headquarters of the Organizer in Austria before April 04, 2019, to start the second selection stage.
All the poems advanced to the second selection stage shall be translated into English by McCANN.
Second stage – Selection of winning poem
Before 10 April, 2019, 10:00 AM, the representative of Julius Meinl at the headquarters shall perform the final judging, on the basis of the criteria below, and shall select 6 winners, that is 6 winning poems sent by the countries participating in the Campaign.
The winning poems shall be listed on the official website until April 25 2019.
Both judging stages imply scoring each criterion with 1 to 5 points, and the final score shall be the sum of points scored to the 6 evaluation criteria applied by the jury as bellow.
- Originality and creativity of the chosen theme;
- Coherent wording;
- Impact of the poem and the ideas therein;
- The text shall not contain vulgar or offensive elements;
- The text shall not contain any other registered or unregistered marks;
The winner will lose any right over the material he uploads and with which he is the winner. It can be used by the Organizer without any space and time limit, on any marketing material, without prior notice.
6.2. Contacting the winners, Validation and Delivery of the Prizes
The winners will be announced latest by April 12, 2019.
The winners shall be announced on Instagram, through private message in English and/or in their native language.
The Organizer will try to contact the winner for maximum 2 times between April 12, 2019 – April 17, 2019. If the winner does not reply to any of the attempts to contact, then the winner will be declared invalid and shall lose the prize.
The validation process shall consist of:
- Observance of the conditions laid down under Section 3;
- Confirmation by the winning participants of their contact data and submission by email of a scanned copy of an ID document for the winner and the accompanier to a contact address communicated by the Organizer before April 22, 2019.
- Confirmation, before April 22 2019, of the originality of the poem entered by submitting to the email address communicated by the Organizer a COPYRIGHT TRANSFER AGREEMENT, signed in accordance with the model shown in Annex 3. Through this agreement, the participant:
- Represents that the poem presented is his/her own creation, and that he/she holds all statutory rights over its lyrics, meaning no rights of other persons or entities are thus infringed, including, without limitation, any copyright.
- He/she gives his/her permanent and irrevocable consent for the Organizer, Julius Meinl Industrieholding GmbH, and any and all third parties indicated by the Organizer to use the recorded poem at any given time and to reproduce or publish the poem on any media (e.g. online) platform for any purpose, commercial or non-commercial, including, in particular, without limitation, the sale of the organizer’s products and services.
- All granted rights may be transferred to any third party, upon the Organizer’s decision, without prior notice to the participant.
- This COPYRIGHT TRANSFER AGREEMENT shall be sent by the Organizer in English. In the event that the winner is not fluent in English, the winner shall be responsible to have the respective agreement translated into their native language. The signed version of the agreement to be sent by the winner to the Organizer within a maximum of 4 business days must be in English, the one sent by the Organizer.
Once the Organizer receives the documents required for validation before April 22, 2019, 18:00, the participant shall be declared valid on the 25th of April 2019.
In the event that the Organizer does not receive the necessary documents before April 22, 2019, the participant shall be declared invalidated and loose the prize, WITH NO LIABILITY WHATSOEVER ON THE PART OF THE ORGANIZER. The prize shall not be granted anymore and shall remain in property of the Organizer.
Any error and/or omission in the personal data supplied to the Organizer implies no liability whatsoever for the latter, as the accuracy of the contact data supplied by Participants is their responsibility. The Organizer shall not be responsible if a participant designated as a winner cannot be contacted for reasons beyond the Organizer’s wishes or if the winner does not reply until April 22, 2019.
6.3. Reception of the Prizes
- Once the validation of the documents by the Organizer is completed, the winner shall be contacted by phone, and emailed to the address registered with the Campaign, before 20th of May 2019, the following:
- Accurate information about the date and venue of the concert.
- A receipt protocol for the prize according to Annex 3 (the template supplied by the Organizer) which they are required to sign on the 1st of June in Glasgow. Such protocol shall include an article whereby the winner gives BV McCann Erickson SRL a power of attorney to have them registered with the Romanian Tax Authorities for compliance with the declaration obligations. The protocol is submitted in English. The responsibility of translating the said protocol in the national language, if applicable, shall be the Organizer’s responsibility and shall contain the final date of the concert and the flight dates.
- After the winning participant receives the documents and information in Article 6.3.1, within, the winner must agree by writing and email that he/she wil sign reception protocol on the 1st of June in Glasgow.
- On the 18th of May, the Organizer shall email to the winner the flight reservations, details about accommodation, and the contact they can communicate to during the concert. Within 2 business days, the Winner is required to confirm the receipt of the information above so as to allow the Organizer to make the final flight and accommodation reservations. Within other 2 business days, the winner shall receive the plane tickets and the final number of accommodation reservation.
- All this information will be submitted in accordance with the terms above, otherwise the winner loses the prize and is invalidated.
- The winner cannot change the name and ID data of the accompanying person after their submission.
The Organizer will not bear any additional expense to those mentioned in point 5.2 in order for him / her to be in possession of the prize.
SECTION 7. LIABILITY
7.1. The Campaign Organizer shall grant the prize only to that winner who participated in the Campaign, subject to observance as such of the provisions under these Official Rules. The accompanier can only benefit from the prize if he / she benefits from it together with the winner.
7.2. The Organizer and the other entities involved in the Campaign will assume no liability whatsoever for, nor will they be involved in any way in any disputes concerning ownership of the prizes once these are granted. No dispute regarding ownership of the prizes shall influence the principle according to which the Campaign Organizer grants the prize to the individual who observes the provisions of these Official Rules.
7.3. When the Organizer finds that, subsequent to handing-over of the prize, the winning Participants have not met all of the requirements stipulated under these Official Rules, the Organizer reserves the right to invalidate them (with the consequence of not handing-over the prize to them), and to request restoration to the previous situation, by re-coming into possession of the prize already handed-over, or the equivalent amount thereof, plus any expenses incurred by the Organizer, if any. In these circumstances, the Organizer shall not be liable, nor shall it owe any damages for such loss.
7.4. The Organizer is under no obligation whatsoever to exchange any correspondence in connection with non-winning claims which occurs after the end of this Campaign.
7.5. The Organizer shall be entitled to take all necessary measures in case of attempted fraud, abuse or any other attempts that might affect the image, or the costs of this Campaign.
7.6. Should any individual be identified as having influenced or facilitated the winning of prizes, the Organizer shall be entitled to take legal proceedings against the relevant individuals, based on the available evidence. Any intention to influence the Campaign’s results shall lead to elimination of the respective Participant from the Campaign.
SECTION 8. DATA CONFIDENTIALITY
By registering for the “Pay with a Poem” Campaign the Participants agree and commit to observe the mandatory provisions of these Rules.
The information regarding personal data processing can be found in Annex 2.
SECTION 9. TERMINATION OF THE CAMPAIGN
9.1. This Campaign may end in case of a force majeure* event, including the Organizer’s impossibility to continue, for reasons beyond its control.
*Force majeure, defined as the unforeseeable and insuperable event occurred after the coming into force of these Official Rules and that prevents the party/parties from fulfilling, in full or in part, their contractual duties, shall release of the liability of the party claiming it, during the existence of the Force Majeure event, provided this is confirmed by the Chamber of Commerce and Industry of Romania.
9.2. Should a Force Majeure event, including the Organizer’s impossibility for reasons beyond its control, prevent or delay, in full or in part, application of the Official Rules and continuation of the Campaign, the Organizer shall be released of liability in connection with performance of its obligations during the period when such performance is prevented or delayed, according to Art.1082 and 1083 of the Civil Code. Should Force Majeure be claimed, the Organizer is under the obligation to inform the Participants in the Campaign of the occurrence thereof within 5 business days since occurrence of the Force Majeure event.
SECTION 10. DISPUTES
10.1. Any potential disputes that might arise between the Organizer and the Participants to this Campaign will be settled amicably, failure which the disputes will be referred for settlement to the Romanian courts of jurisdiction in Romania.
10.2. The Organizer is entitled to take all available actions in case of any attempts of fraud, abuse or similar against the system that are liable to impair the image or affect the costs this Campaign.
10.3. Should any individual be identified as having influenced or facilitated the winning of prizes, the Organizer shall be entitled to take legal proceedings against the relevant individuals, based on the available evidence.
SECTION 11. OFFICIAL RULES
11.1. By participating in this Campaign, participants agree to observe and comply with all the provisions, terms and conditions of this Official Rules and its annexes. The Campaign participation/performance Regulation may be accessed, free of charge, by all applicants, via the Campaign website, https://www.meinlcoffee.com/poetry/campaigns/pay-with-a-poem-2019/ or may be requested by means of a written and dated request sent to firstname.lastname@example.org.
11.2. The Organizer reserves the right to amend or change these Official Rules, with such amendments due to be made public at least 24 hours before their envisage effective time.
SECTION 12. TAXES AND DUES
12.1. The Organizer undertakes to calculate, withhold and transfer the tax owed for the prizes awarded to the winners, according to the laws in force on revenue tax, in accordance with the provisions of the Law no. 227/2015 on the Tax Code, art. 114 to art. 117, and art. 224 para. 4 (d) of the Tax Code through the BV McCann Erickson SRL Agency. Any other tax or other liabilities in connection with the prize being rest exclusively with the winner.
to the Official Rules of the Promotional Campaign
“Pay with a Poem”
Participating countries in the campaign:
- Bosnia & Herzegovina
- Czech Republic
- South Korea