Sweepstakes rules

BE HEMPY – MASTER GIVEAWAY RULES AND GDPR

Version 1.0
Organizer: Grail Herbs d.o.o.

This document constitutes the overarching framework for conducting Be Hempy giveaways.

It consists of:

1. General Rules for Be Hempy Giveaways
2. Personal Data Processing Notice
3. Template for the Specific Terms and Conditions of an Individual Giveaway
4. Standard Text for the Entry Form

1. GENERAL RULES FOR BE HEMPY GIVEAWAYS
2. Organizer

The organizer of Be Hempy giveaways is:

Grail Herbs d.o.o.
Obrtna cesta 22
1291 Škofljica
Slovenia

Email: info@be-hempy.si
Website: www.be-hempy.com

Hereinafter referred to as the Organizer.

2. Purpose of the Rules

These General Rules set out the basic terms and conditions for participation in giveaways organized by Be Hempy and/or Grail Herbs d.o.o.

Each individual giveaway is also subject to specific terms and conditions published in connection with that particular giveaway.

The specific terms and conditions shall specify in particular:

• the name of the giveaway,
• the duration,
• the method of participation,
• any participation restrictions,
• the prize or prizes,
• the method of selecting the winner,
• the date of selection,
• the method of notification, and
• the deadline and method for claiming the prize.

If the specific terms and conditions of an individual giveaway differ from these General Rules, the specific terms and conditions shall apply to that giveaway, provided that they comply with applicable law.

3. Who May Participate?

Unless otherwise specified for an individual giveaway, natural persons with permanent or temporary residence in the Republic of Slovenia who meet the conditions of the specific giveaway may participate.

For giveaways that, due to the nature of the prize, products or other reasons, are intended exclusively for adults, only persons aged at least 18 years may participate.

The Organizer may specify additional restrictions in the specific terms and conditions of an individual giveaway.

As a general rule, persons who are directly involved in organizing or conducting a specific giveaway may not participate if their involvement could affect the fairness of the selection process.

4. Method of Participation

The method of participation is specified for each individual giveaway.

Participation may take place, among other methods:

• via a form on the website,
• via email,
• via Facebook,
• via Instagram,
• via other social networks,
• via a dedicated landing page,
• by answering a question,
• by performing another clearly defined action.

The participant must meet the conditions specified for the relevant giveaway.

Unless otherwise stated, participation is free of charge and no purchase is necessary.

5. Duration of the Giveaway

The start and end dates of each giveaway are specified in the specific terms and conditions.

Entries or participation received after the deadline will not be considered unless the Organizer expressly determines otherwise.

6. Prizes

The type, quantity and, where appropriate, value of the prizes are specified in the specific terms and conditions of each giveaway.

As a general rule, prizes:

• cannot be exchanged for cash,
• cannot be claimed in another form,
• cannot be exchanged for another prize,

unless the Organizer specifies otherwise for a particular giveaway.

Due to objective circumstances, the Organizer may replace a prize with another prize of comparable or higher value if the original prize cannot be provided for reasons beyond the Organizer’s reasonable control.

7. Selection of Winners

The method of selecting winners is specified in the specific terms and conditions of each giveaway.

Selection may take place:

• by random draw,
• on the basis of a correct answer,
• by a selection committee,
• on the basis of predetermined criteria,
• by another transparently defined method.

The Organizer may prepare an internal record or other appropriate evidence documenting the selection process.

8. Notification of the Winner

The Organizer may notify the winner via:

• email,
• telephone,
• private message on a social network, or
• another channel specified in the specific terms and conditions.

Within the deadline specified in the specific terms and conditions, the winner must provide the information necessary to verify eligibility and to claim or receive delivery of the prize.

If the winner does not respond within the specified deadline, the Organizer may consider that the winner does not wish to claim the prize and may select an alternate winner if this is provided for in the specific terms and conditions.

9. Publication of Winners

If the Organizer intends to publicly disclose information about a winner, participants will be clearly informed in advance in the rules and/or the personal data processing notice, and the Organizer will ensure that an appropriate legal basis exists.

Only the minimum amount of personal data necessary for the purpose of publication will be disclosed.

Without an appropriate legal basis, the Organizer will not publish information such as:

• residential address,
• telephone number,
• email address,
• tax identification number, or
• other information that is not necessary for announcing the winner.

10. Claiming and Delivery of the Prize

The method for claiming the prize is specified for each individual giveaway.

The prize may:

• be sent by post,
• be collected in person,
• be delivered electronically, or
• be delivered in another agreed manner.

The winner must provide the Organizer with the information objectively necessary for delivery of the prize.

11. Tax Obligations

If tax or other statutory obligations arise due to the type or value of the prize, the Organizer and the winner shall act in accordance with applicable regulations.

The Organizer may request from the winner any information required to fulfil statutory or tax obligations.

Such information will not be requested from all participants unless necessary, but generally only from the winner when required.

12. Irregularities and Abuse

The Organizer reserves the right to exclude a participant if it identifies:

• the use of false information,
• automated or mass manipulation of entries,
• fraud,
• a breach of the giveaway rules,
• any other attempt to influence the fairness of the selection process.

Any such decision must be based on reasonable and verifiable grounds.

13. Modification or Cancellation of the Giveaway

In the event of circumstances that could not reasonably have been foreseen or prevented, the Organizer may modify, temporarily suspend or cancel the giveaway.

The Organizer will notify participants of any material changes in an appropriate manner.

Any changes must not unjustifiably interfere with rights already acquired by participants.

1. PERSONAL DATA PROTECTION – GDPR
2. Data Controller

The controller of personal data is:

Grail Herbs d.o.o.
Obrtna cesta 22
1291 Škofljica
Slovenia

Email: info@be-hempy.si

15. What Personal Data Do We Collect?

The scope of personal data collected depends on the individual giveaway.

We may process:

• first and last name,
• email address,
• telephone number,
• username or social media profile,
• an answer or other content required for participation,
• participation data,
• data required to demonstrate that the giveaway was conducted correctly.

From the selected winner, we may additionally obtain:

• delivery address,
• information required to verify identity,
• tax or other information where required by law.

Be Hempy’s principle is that information required only for the delivery of a prize should generally not be requested from all participants at the time of entry.

16. Purposes of Processing

We may process personal data for the following purposes:

1. Conducting the Giveaway

This includes:

• receiving and recording entries,
• verifying participation requirements,
• conducting the selection or draw,
• preventing abuse,
• notifying winners,
• handing over or delivering the prize,
• demonstrating that the giveaway was conducted correctly,
• handling any questions or claims.

1. Compliance with Legal Obligations

Where necessary, we use personal data to comply with tax, accounting or other legal obligations.

1. Direct Marketing and Newsletters

Where consent constitutes the appropriate legal basis and the individual provides such consent, Be Hempy may use their data to send:

• newsletters,
• useful and educational content,
• product information,
• special offers,
• promotions,
• information about new giveaways,
• webinars,
• guides,
• tests and other Be Hempy content.

At Be Hempy, the default approach is that consent to marketing is separate from participation in a giveaway unless the specific terms and conditions of a particular giveaway clearly and lawfully provide otherwise.

17. Legal Bases

The legal basis depends on the specific purpose of the processing.

The Organizer shall ensure an appropriate legal basis in accordance with Article 6 of the GDPR and other applicable legislation.

Depending on the individual processing activity, the relevant legal bases may include in particular:

• the individual’s consent,
• processing necessary for the performance of the relevant relationship or giveaway,
• compliance with a legal obligation,
• the legitimate interests of the Organizer, where the applicable conditions are met.

The specific legal basis and purpose must be presented to the individual clearly and transparently.

18. Marketing Consent

Where direct marketing is carried out on the basis of consent, that consent must be:

• freely and clearly given,
• specific,
• informed,
• unambiguous,
• demonstrable.

Where marketing consent is not a condition of a particular giveaway, refusing consent to receive newsletters does not affect the individual’s ability to participate.

Consent may be withdrawn at any time.

Withdrawal of consent does not affect the lawfulness of processing carried out before the withdrawal.

19. How Long Do We Retain Personal Data?

We retain participants’ personal data only for as long as necessary to conduct and conclude the giveaway and for any period reasonably necessary to demonstrate that the giveaway was conducted correctly or to address potential claims.

Winners’ data may be retained for longer where required by tax, accounting or other regulations.

Data used for direct marketing, where processing is based on consent, will be used until consent is withdrawn or for as long as an appropriate legal basis exists.

For each specific giveaway, the Organizer may define more precise retention periods where appropriate.

20. Who Has Access to Personal Data?

Personal data is not sold.

To the extent necessary for the provision of services, personal data may be accessed by contractual processors or service providers such as:

• web hosting providers,
• information systems providers,
• email communication system providers,
• giveaway service providers,
• delivery services,
• accounting and tax service providers.

Personal data may also be disclosed to competent authorities where required by law.

21. Transfers of Personal Data to Third Countries

If service providers are used in connection with the giveaway or marketing activities that may result in personal data being transferred outside the European Economic Area, the Organizer must ensure an appropriate legal basis and the required safeguards.

Individuals may request further information at:

info@be-hempy.si

22. Individual Rights

In accordance with the GDPR and depending on the applicable legal basis, an individual has the right to request:

• access to personal data,
• rectification,
• erasure,
• restriction of processing,
• data portability,
• objection to processing.

Where processing is based on consent, the individual may withdraw that consent at any time.

Requests may be sent to:

info@be-hempy.si

Before fulfilling a request, the Organizer may verify the identity of the applicant in justified cases.

23. Unsubscribing from Newsletters

Recipients may unsubscribe from marketing emails at any time via the unsubscribe link contained in the received message or in the manner specified in the message.

Unsubscribing from marketing communications does not in itself affect the processing of personal data required in connection with an already completed giveaway, legal obligations or other valid legal bases.

24. Complaint

If an individual believes that their personal data is being processed contrary to applicable regulations, they may contact the Organizer at:

info@be-hempy.si

They also have the right to lodge a complaint with:

Information Commissioner of the Republic of Slovenia.

25. Social Networks

If a giveaway is conducted via Facebook, Instagram or another social network, certain personal data may also be processed in accordance with the rules and privacy policy of the operator of the relevant platform.

Where appropriate, the specific terms and conditions of an individual giveaway should also include a statement that the giveaway is not sponsored, endorsed, administered by or associated with the relevant platform, provided that such a statement reflects the actual circumstances and the platform’s rules.