Win Tickets with Pepsi and KFC

Rules of the Promotional Lottery “Win Tickets with Pepsi and KFC” hereinafter referred to as the “Rules”

GENERAL PROVISIONS

  1. Name of the promotion lottery

    The Promotional Lottery, hereinafter referred to as the “Lottery” will be held with the name “Win Tickets with Pepsi and KFC”.

  2. Name of the entity organising the Lottery; purpose of the Lottery

    The Lottery Organizer, hereinafter referred to as the “Organizer” is Lidia Rasztawicka, who conducts economic activities with the name of AVANTI Lidia Rasztawicka, with the registered office in Sulejówek (05-070), ul. Rejmonta 4A, NIP 9521243023, REGON 017392461.

    The Lottery is organized to promote the products of Pepsi-Cola General Bottlers Poland Sp. z o.o. among consumers.

    The Lottery is organized to promote the goods of: Pepsi-Cola General Bottlers Poland Sp. z o.o. with the registered office in Warsaw, ul. Zamoyskiego 24/26, 03-801 Warsaw, REGON 012610700, NIP 526-021- 05-30, registered in the District Court for the Capital City of Warsaw, Commercial Law Division XIII of the National Court Register, with the no. KRS 0000097597.

  3. Name of the body issuing the permit

    The Lottery is held based on the permit issued by the Director of the Customs Chamber in Warsaw.

  4. Territory of the Lottery

    The Lottery is held in the Republic of Poland.

  5. Term of the Lottery

    The Lottery will be held from 02 April 2016 to 16 August 2016.

  6. Beginning and ending date of promotional sales

    The promotional sales of promotional products which authorize purchasers to participate in the Lottery starts on 02 April 2016 and ends on 07 May 2016 or earlier, after the Vouchers, hereinafter referred to as the “Vouchers” have run out. Before or after that period, promotional products may be available for sale; however, a purchase thereof will not authorize purchasers to participate in the Lottery.

    A Voucher consists of two parts separated with a perforated line. One part of a Voucher includes a scratch card which contains information on a prize or no prize won; the second part of the Voucher includes a unique code which is essential to enter the main prize draw.

    The Lottery is held in the KFC restaurants network, which belongs to AmRest Sp. z o.o. with the registered office in Wrocław 50-365, Plac Grunwaldzki 25-27, entered in the Register of Entrepreneurs by the District Court for Wrocław-Fabryczna in Wrocław, Commercial Law Division VI of the National Court Register, with the no. KRS 0000025220, NIP 526-021-11-04, REGON 011565564.

  7. Promotional sales includes any KFC product and any Pepsi-Cola General Bottlers Poland Sp. z o.o. beverage bought under one receipt in any KFC restaurant in Poland (purchased in a KFC restaurant or by home delivery), hereinafter referred to as “Promotional Products Set”.

    PERSONAL DATA

  8. Personal data of Lottery Participants is processed by the Lottery Organizer for the purposes related to the organization and running of the Lottery. The Administrator of personal data is Pepsi-Cola General Bottlers Poland Sp. z o.o. with the registered office in Warsaw, ul. Zamoyskiego 24/26, 03-801 Warsaw, REGON 012610700, NIP 526-021-05-30, registered in the District Court for the Capital City of Warsaw, Commercial Law Division XIII of the National Court Register, with the no. KRS 0000097597, and AmRest Sp. z o.o. with the registered office in Wrocław 50-365, Plac Grunwaldzki 25-27, entered in the Register of Entrepreneurs by the District Court for Wrocław-Fabryczna in Wrocław, Commercial Law Division VI of the National Court Register, with the no. KRS 0000025220, NIP 526-021-11-04, REGON 011565564. The

    Administrator of personal data entrusts AVANTI Lidia Rasztawicka with the registered office in Sulejówek (05-070), ul. Reymonta 4A, with the processing of personal data under an agreement on entrusting the processing of personal data made with the Administrator. Personal data of Lottery Participants is processed with the observance of principles specified in the Act of 29 August 1997 on personal data protection (i.e. Dziennik Ustaw [the Polish Journal of Laws] of 2015, item 2135). Personal data is provided voluntarily; however, it is impossible to take part in the Lottery and win the prize without providing personal data. Each Lottery Participant has the right to access their personal data and correct thereof.

    LOTTERY PARTICIPANTS

  9. Each natural person residing in the Republic of Poland and meeting the conditions under the Rules may be a Lottery Participant, hereinafter referred to as the “Participant”, under the conditions specified in the Rules. In case of winning the main prize by a person below 18, the declaration referred to in Sec. 20 is filled in by the statutory representative and the prize is given to the statutory representative.
  10. Entering the Lottery, the Participant should read the Rules. The Participant undertakes to observe the principles contained in the Rules.

    PRINCIPLES OF PARTICIPATION IN THE LOTTERY

  11. To obtain a Voucher which authorizes you to participate in the Lottery, you should purchase, under one receipt, at least one Promotional Products Set from 02 April 2016 to 07 May 2016 (unless the pool of Vouchers has run out earlier) and collect the Voucher (in case of purchasing several Promotional Products Sets under one receipt, the Participant is not entitled to receive a proportionally bigger number of Vouchers).
  12. Each Voucher obtained by the Participant provides an opportunity to win one of the 1st or 2nd class prizes and the main prize.
    1. To check whether the obtained Voucher authorizes you to collect a 1st or 2nd class prize, you should remove the upper paint layer from the Voucher and read the information below.

      If 3 identical symbols appear below the upper paint layer on the Voucher as well as the information: “YOU HAVE WON A T-SHIRT”, it means that the Participant has won the 1st class prize being a T-

      shirt and that the Participant may take part in the main prize draw.

      “YOU HAVE WON A BALL”, it means that the Participant has won the 2nd class prize being a ball and that the Participant may take part in the main prize draw.

      If 3 non-identical symbols appear below the upper paint layer on the Voucher as well as the information:

      “PLAY AGAIN”, it means that the Participant has not won any 1st or 2nd class prize but they may take part in the main prize draw;

    2. To take part in the main prize draw, you should make a correct Entry to the draw using the current version of the “KFC Polska” mobile app for Android or iOS from 02 April 2016, 00:00:00.00 hrs, to 08 May 2016, 23:59:59.99 hrs. The “KFC Polska” mobile app may be downloaded from Apple App Store for devices with iOS and from Google Play for devices with Android.

      To register in the “KFC Polska” mobile app, the Participant must provide the greeting form, their first name, surname, date of birth, phone no., and e-mail address, set their password for the app, and accept the rules of the “KFC Polska” mobile app. Then, to enter the draw, the Participant must click the “LOTERIA KFC PEPSI” tab, provide their consent to the Participant’s personal data being provided by the owner of the “KFC Polska” mobile app, i.e. AmRest Sp. z o.o., to the Lottery Organizer for the purpose of running the Lottery, enter the unique code from the Voucher, and click the “Register the code” button.

      Each Participant who has already registered in the “KFC Polska” mobile app must visit the “LOTERIA KFC PEPSI” tab each time they want to enter the draw and must provide their consent to the Participant’s personal data being provided by the owner of the “KFC Polska” mobile app, i.e. AmRest Sp. z o.o., to the Lottery Organizer for the purpose of running the Lottery, enter the unique code from the Voucher, and click the “Register the code” button.

    3. The part of the Voucher which contains the unique code entered for the main prize draw must be kept.
  13. The Entry to the Lottery is made correctly if the Participant receives an automatically generated message confirming that the Entry to the draw has been accepted.

    In case the Entry is made incorrectly (e.g. the Participant entered an incorrect Code, entered the Code which has already been used before for a correct Entry, or failed to provide their consent to the Participant’s personal data being provided by the owner of the “KFC Polska” mobile app, i.e. AmRest Sp. z o.o. to the Lottery Organizer for the purpose of running the Lottery), the Participant will receive the information that the Entry contains an error and will not be taken into account in the main prize draw.

    Having made a correct Entry, the Participant takes part in the main prize draw upon the principles specified in the Rules.

  14. Each Participant may take part in the Lottery many times according to the procedure described in Sec. 11 and 12 of the Rules; however, one Voucher may be used to collect a prize and make an entry only once.
  15. In case of winning a 1st or 2nd class prize, the Participant will collect the prize by 08 May 2016 in a KFC restaurant where they received the winning scratch card (this is applicable to home deliveries as well) after having submitted the part of the Voucher with the information on the prize won to the restaurant manager. In case the restaurant concerned has run out of prizes or the Participant wishes to have the prize delivered home, the Participant will send the part of the Voucher with the information on the prize won together with their personal data and address where the 1st or 2nd class prize is supposed to be sent, by 16 May 2016 (the sending date is applicable), to the Organizer’s address: AVANTI Lidia Rasztawicka, ul. Reymonta 4A, 05-070 Sulejówek, with an inscription: “Graj o bilety z Pepsi i KFC”.

    MAIN PRIZE DRAW

  16. The main prize draw will be held on 09 May 2016 in the registered office of the Organizer under the supervision of a Committee. In the draw, three winners of the main prize will be selected. For each main prize winner, three substitute winners will be drawn and assigned a number in accordance with the drawn Entry.
  17. The draw procedure will be as follows: in a computer application, each Entry is assigned a unique number (ID from 0 to X). The draw of the winning entry will consist in drawing, from urns, Tickets with numbers from 0 to 9 which will form the number of the winning Entry. The number of urns depends on the number of Entries, so that each urn contains a number which is a digit of singles, decimals, hundreds, thousands etc. For instance, there will be five urns if the number of correct Entries is 17251. The numbers will be drawn in the reversed order, i.e. first the singles, then the decimals, the hundreds etc. For example, if the number drawn in the first urn is 2, the number drawn in the second urn is 4, the number drawn in the third urn is 1, the number drawn in the fourth urn is 5, and the number drawn in the fifth urn is 0, the winning Entry is the Entry with the (ID) number 5142. In case of the urn containing Tickets with numbers referring to the first digit of the unique (ID) number, the quantity and value of numbers depends on the maximum value of the first digit of the highest unique (ID) number (e.g. if the first digit of the unique (ID) number is 2, the urn will contain 3 Tickets with 0, 1, and 2). In case the winning Entry has the number higher than the number of correct Entries, the drawing of the winner or the substitute winner will be held again.

    NOTICE ABOUT THE PRIZE

  18. On the day of the main prize draw, attempts will be made to contact the drawn winners by phone. The call will be made to the phone number provided by the Participant during the registration for the Lottery.
  19. The Winner is obliged to answer the call, confirm their participation in the Lottery, and provide their personal data (first and last name and the residence address). An attempt to contact the winner concerned will be made four times; each time, the waiting time for the answer will be from 4 to 6 tones. In

    case of the “engaged” tone, the next attempt will be made after at least 15 minutes. In case the connection is not made or the voice mail is accessed, the next attempt is made after at least 15 minutes. If the call is not answered despite the attempts described above, the winner loses their right to receive the prize. On the same date, the attempt will be made to contact a substitute winner in the order of drawing, according to Sec. 16 of the Rules, and the procedure described in this section is repeated. The procedure is repeated until the call is answered by a substitute winner who meets the requirements under this section. If there are no more substitute winners on the list, the prize is not awarded and it remains at the Organizer’s disposal.

  20. Within one working day following the conversation with the winner/substitute winner referred to in Sec. 19, the Organizer will send an e-mail to the winner (from kfc@avanti.waw.pl), to the winner’s e-mail address provided upon the registration for the Lottery, with the information on the awarded prize and the need to send the following (from the same e-mail address the Entry to the Lottery was made from) to kfc@avanti.waw.pl within a working day (calculated from the date when the Organizer sent the e-mail with the information on the prize):
    1. the winner’s personal data (first and last name) and correspondence address to which the prize is supposed to be sent, date and place of birth, and the bank account number to which the prize money is supposed to be transferred;
    2. first name, last name, e-mail address, phone, and date and place of birth of the person accompanying the winner during the match;
    3. scan/photo of the part of the Voucher with the drawn unique code.

    In case the main prize is won by a person below 18 with no full capacity to perform legal transactions, the data listed above must be sent by the legal representative.

  21. If the winner of the main prize does not meet the conditions described in Sec. 20 of the Rules, the prize is awarded to a substitute winner, in the order of drawing, according to Sec. 16 of the Rules, i.e. the procedure described in Sec. 19 and 20 of the Rules is conducted on the next working day after the winner failed to meet the conditions referred to in Sec. 20. The procedure is repeated until any substitute winner meets the conditions described in Sec. 20 of the Rules. If there are no more substitute winners on the list, the prize is not awarded and it remains the property of the Organizer.

    PRIZES IN THE LOTTERY

  22. The list of prizes:

    The main prize being a package worth gross PLN 17,495.57, consisting of 2 tickets to the finals of UEFA Champions League on 28 May 2016 at San Siro Stadium in Milan (Italy), accommodation for two people (2 nights 27/28.05.2016 and 28/29.05.2016) in a 3-star hotel in Milan – twin room), transport from the hotel to the stadium and back on the day of the match, prize money of PLN 6,000 for organizing the journey and the prize money of PLN 2,611 (this prize is deducted by the withholding agent (AVANT Lidia Rasztawicka) as the flat rate income tax referred to in Art. 30(1)(2) of the Personal Income Tax Act) – 3 prizes of the total value of PLN 78.319,71;

    The 1st class prize being a Select ball worth gross PLN 41.21 – 1,000 prizes of the total value of gross PLN 41.210;

    The 2nd class prize being a T-shirt worth gross PLN 24.60 – 10.000 prizes of the total value of gross PLN 246.000.

    The prize pool is worth gross PLN 365,529.71.

  23. The prizes may not be exchanged for money or other prizes.

    TAX OBLIGATIONS

  24. The Organizer represents that the prizes being a part of this Lottery are delivered according to the provisions of the Personal Income Tax Act of 26 July 1991 (i.e. Dziennik Ustaw of 2012, item 361, as amended).

    SUPERVISION OVER THE CORRECT ORGANIZATION OF THE PROMOTIONAL LOTTERY

  25. The supervision over the correct organization is provided by the Internal Supervision Committee (hereinafter referred to as the “Committee”) nominated by the Organizer, acting under the Rules adopted by the Organizer, composed of a person holding a professional certificate issued by the Minister of Finance.

    DELIVERING PRIZES

  26. 1st and 2nd class prizes will be collected by the winners by 08.05.2016 in the KFC restaurant where they received the winning scratch card. In case the Voucher is sent to the Organizer according to Sec. 15 for the purpose of having the prize delivered, the Organizer will send the prize by 15.07.2016.
  27. The main prize being the ticket is sent by the Organizer by a courier delivery at the latest on 24.05.2016. The prize money of PLN 6,000 is transferred by the Organizer to the bank account specified by the winner by 25.05.2016.
  28. Conditions of using the main prize

    A main prize winner who has no full capacity to perform legal transactions (including without being limited to a Winner below 18) may use the main prize only under the supervision of their statutory representative as an accompanying person.

    The Organizer provides only tickets for the match, the booking of a hotel room for two nights, and the transport from the hotel to the stadium and back on the day of the match. The Organizer represents that this is not a tourist event within the meaning of the Act of 29 August 1997 on tourism services.

    The Organizer does not provide an insurance against accidents and medical costs for the time of the trip and using the prize by the Winner and their accompanying person, nor any other support for the resident in the venue of the match. The Winner is obliged to arrange, on its own, the preferred insurance and the journey to the hotel, which is a part of the main prize. The Organizer does not provide the organization of the journey to and from Milan. The Organizer does not guarantee that the prize money covers the full costs of the journey to and from Milan, depending on the means of transport chosen by the Winner.

    The Organizer is not responsible for:

    1. the provision by the winner of incorrect data necessary for booking the hotel, which may make it impossible to book hotel accommodation on time;
    2. the lack of valid documents of the winner or their accompanying person, necessary to travel outside the Republic of Poland;

    If the winner resigns from using the main prize for any reason, they are not entitled to any reimbursement of any costs, the possibility of using the main prize on a different date, or the reimbursement of the monetary equivalent of the main prize.

    If for any reason the winner may not use the main prize, the accompanying person proposed by the Winner may use the main prize on their own only (they are not entitled to take a third party with them) on condition that they are over 18.

  29. On the winner’s request, the Organizer issues a certificate concerning the prize, bearing the name of the winner, under the procedure and observing the dates resulting from the provisions under Art. 20 of the Gambling Act.

    PRINCIPLES OF COMPLAINT PROCESSING

  30. Complaints may be submitted by Lottery Participants in writing by 01.08.2016 (the date when the Organizer receives a complaint).
  31. Complaints are processed by the Committee. Only complaints made in writing (in person or with a registered letter) to the address: AVANT Lidia Rasztawicka, ul. Reymonta 4A, 05-070 Sulejówek, wit the inscription “Graj o bilety z Pepsi i KFC – reklamacja” will be examined. A complaint should contain the

    Participant’s first and last name, detailed address, the date and place of the event referred to in the complaint, and the Participant’s claim.

  32. Complaints will be examined within 14 calendar days (calculating from the date after the day of receiving the complaint), including sending the notice to the Participant concerning the result of the complaint, i.e. by 16.08.2016 at the latest. After the complaint procedure has been completed, the Participant has the right to pursue their unsatisfied claims before a court of general jurisdiction.

    STATUTE OF LIMITATIONS

  33. Claims resulting from the Lottery are barred by limitation after 6 months from the date on which the claim became due.
  34. In case of making the complaint within the period referred to above, the limitations period is suspended for the period from the submission of the complaint to the date on which the Organizer made an answer to the complaint.

    FINAL PROVISIONS

  35. Each modification hereof must be approved by the Director of the Tax Chamber in Warsaw.
  36. These Rules are available to the Lottery Participants in the Organizer’s registered office and on www.kfc.pl. At a written request, a Lottery Participant may receive a copy of the Rules, after the Participant sends an addressed envelope with a stamp to the following address: AVANTI Lidia Rasztawicka, ul. Reymonta 4A, 05-070 Sulejówek, with the inscription „Graj o bilety z Pepsi i KFC – regulamin”.
  37. All matters which are not regulated herein are regulated under the applicable legal regulations.
  38. The hotline concerning the Lottery is open from Monday to Friday, 9.00 a.m. to 04.00 p.m. (excluding holidays), phone no. (22) 378 11 62 – charged at the provider’s rates. All information concerning the Lottery may also be received by writing to kfc@avanti.waw.pl.