GENERAL TERMS FOR USE OF THE SERVICE
I. GENERAL PROVISIONS
The website : http://www.Wintude.com/ is a virtual platform, owned by Foundation „ (Foundation SF), representing specific place in the global internet, accessible by its unique address (URL) protocol HTTP, HTTPS or other standardized protocol by which SF offers its service to the information society : „Wintude”;
Art. 2 The following General Terms regulate the relations between Foundation SF as th owner of the website in the internet: http://www.Wintude.com/ - Organizer of the provided by this website (virtual platform) service of the information society: „Wintude” and its meaning of Administrator of personal data, from one side, and the user of the service from another, about the usage of the service and the corresponding information resource.
Art. 3 The service offered with this contract with the following General Terms, does not include in its scope the relations of providing to its users computers or other equipment in order for them to use it.
Art. 4 The service can be provided – by request of its registered users both in its mobile version
Content of the service
Art. 5 The service „Wintude“ includes access to:
Subjects of the provided service
Art. 6 The organizer of the service is :
Art. 6.1 Foundation SF, owner of the website www.Wintude.com which by order of the user or by its own initiative organizes or conducts online contests on this platform.
Art. 6.2 SF has :
Art. 6.3 Supervising bodies over the activity of SF as organizator of the service are:
With address : Sofia, Str 15 Ivan Ev. Geshev
website : www.cpdp.bg
With address : Sofia, Sq 4 Slaveykov, floors 3, 4 & 5
website : www.kzp.bg
Art. 6.4 Official representative of SF for personal data protection is
Address: Sofia, Bvl 123 Vasil Levski
phone. : 0877330291
Art.. 7 The users of the service are the following 3 categories of people:
Art.. 7.1 Assignors: registered users, legal entities and adults that on the basis of the General Terms and on the basis of concluded separate contracts, give order to SF as owner of the website and organizer of the service, in return – defined in advance payment, to organize and conduct on the virtual platform public online contests in relation to the given in each of the orders: subject, target, task and other specific requirements for making the order;
Art..7.2 The participants: registered users, legal entities and/or adults or minors that on the basis of the following terms wish to participate in the assigned to SF as owner of the platform or organized by its initiative online contests with or without payment of entry fee, and to win the execution of the relevant orders
Art.. 7.3 Visitors – Registered or non-registered legal entities and/or adults or minors that are not Assignors to or participants of a specific online contest organized by the platform but who visit the internet page of the same contest with purpose to follow up its conduction, and in condition that the requirements of the conduction allow the above mentioned bodies and the latter wish it – and in order to vote when defining the participant to win the contest and the conduction of the order given by the same contest.
Restrictions about the individuals
Art. 8 Registered users of the regulated with these General Terms „Wintude “ individuals can be only people who according to the Bulgarian Law for the individuals and families or the corresponding foreign law are individuals, who are adults (18+ years old), and who are not under interdiction. A person who has not turned into adult yet (16 - 18 years old) can be user of the service only if he declares when registering the consent of his parents/ custodians or trustees. An adolescent (14 - 16 years old) cannot be registered user or non-registered user of the service.
Conditions for using the service by a registered user
Art. 10 In order to use the service every user must :
Art. 10.1 Register on the website of Foundation SF : http://www.Wintude.com/, by filling in the registration form about the service „Wintude“, accessible in online (real) time on the given website and to express his consent with the General Terms and the other requirements of the service which is represented by the service;
Art. 10.3 By saving the e-consent in a server of Foundation SF by general standard for transferring it in a technical way, which makes it possible for its reproduction, the consent acquires the meaning of an e-document by meaning of the abovementioned law. SF can save for period no longer than 3 years in log-files on its IP server the address of the registered user as well as any other information needed for identification of the user and the reproduction of his e-consent of accepting the terms, in cases of eventual argument.
User name and password
Art. 11 When registering on the website of Foundation SF: http://www.Wintude.com/ every user of the service: „Wintude“ shows username and password for access to the service/ The user receives the User name and the password which he demanded. In case that the demanded name has already been taken, the user should fill in another which is unique and non-used by other user.
Art. 12 The registered user is obligated to take care for keeping his password as well as not sharing to third parties the answer to their secret question. The user should immediately inform Foundation SF in cases of unrightfully access as well as when there is possibility of such to his user profile. The registered user has full responsibility to save his password as well as for all actions which are taken by him or by third parties when using the password. Aiming better security, SF recommends to its users to make effort for their password in order to it to by unique and complicated so it would not be recognized easily by unscrupulous third parties.
Art 13. The following General Terms are translated to English from Bulgarian. In cases that difference is found in the Bulgarian version and all of its translations, the meaning of the text in Bulgarian is taking into account.
II. CONCLUSION OF THE CONTRACT FOR OFFERING THE SERVICE
Technical steps to conclude the contract with registered user
Art. 14 This contract between Foundation SF as organizer of the service “Wintude” and every registered user as user of the service is active when making consent of the 2 parties.
Art. 14.1 By the side of the user the consent is expressed by:
ІІІ. FEES. METHODS OF PAYMENT
Art. 15 The contract between Foundation SF for using the service „Wintude “ on the website: http://www.Wintude.com/ - as organizer of this platform of specific online contest and each registered or non-registered user of the service as participant or watcher in the contest, can be unpaid or paid. When using the service – participating or visiting of a specific contest, is paid by fees for the contest, it is shown on internet page of the specific contest.
Art. 16 In the cases when the registered or non-registered users use the service as participants or visitors in the specific contest and there is fee, the users can pay the fee om the internet page with information for the conduction of the contest and by the accepted in the platform online currency WINGS. See the link “WINGS currency“
ІV. RIGHTS AND OBLIGATIONS OF THE PARTIES
Art. 17 Rights and obligations of Foundation SF, owner of the website: http://www.Wintude.com/, as organizer of the service offered by this platform „Wintude “ and as Administrator of personal data of the participants:
Art. 17.1 SF as organizer of the service, subject of the current General Terms and as Administrator of personal data is obligated:
Art. 17.2 SF has the rights:
Art. 18 SF as organizer of the service has the rights (but not obligations) to control the information, to save or make available the information by the users when using the service, and to search for facts or conditions regarding which SF can go to erasing a registered user or disactivation of the user name and password for access to the user profile or to temporarily stop or limit his access to the service.
Art. 19 SF has the rights, (but not obligations) to install on the website of SF : www.Wintude.com for the service „Wintude“ and/ or on the internet page of specific contest own or third-party cookies - small text files that are stored on the website and/or the contest page and allow data analysis, which can be of interest to SF regarding optimization of the management of the offered service, or would give the opportunity to advertise goods and services which, at its opinion, would be of interest to users of the service.
Art. 20 SF can send to the registered user (only after his consent in advance for receiving non-requested messages) such messages in order to offer him information and advertisements about other own or third-party goods and/or services. See the link „Declaration of consent“
Art. 21 Rights and obligations of the user of the service „Wintude“
Art. 21.1 The user is obligated :
Art. 21.2 The user is also obliged:
Art. 22 The user is entitled to use the service on-line while observing the requirements of these General Terms. In order to use the service the registered user, one must enter your Username and Password; the non-registered user uses the service when keeping up with the requirements of this type of users.
V. INTELLECTUAL PROPERTY RIGHTS
Art. 23 Intellectual property relations as a consequence of using the service „Wintude“ on the webpage : www.Wintude.com of Foundation SF, which happened between the user as a contractor of a specific contest from one side and SF as organizer of the contest from another side and the users as participants who won 1st, 2nd and 3rd places, concerning the intellectual property rights about the completion of the given task in the contest, are in accordance with the Bulgarian Law of the copyrights and similar rights, in the framework of the offered project in the contest procedure about implementation contract of the order or by signing a separate contract.
VІ. RESPONSIBILITY. LIMITATION OF RESPONSIBILITY
Art. 25 SF does not have responsibility to the users for not delivering the service by his website when the lack of delivery is a result of reasons which are out of his control: force majeure or accidental situations, collapse in the Internet network, and when resulting from unauthorized access by Users or third party intervention to the virtual server of the platform that has caused hardware, software, loss of information resource, data or other virtual materials.
VІІ. PROTECTION OF PERSONAL DATA
Collection of personal data
Art. 26 Foundation SF as owner of the website: www.Wintude.com, offering by this website the service „Wintude“, and as organizer of the service and administrator of personal data, needing in relation to its usage, has the rights to collect and process personal data with obligatory and non-obligatory status about the users of the service, individuals, during the registration of these individuals as registered users after consent for processing of their personal data. See the link Declaration of consent of processing personal data
Art. 27 The information with obligatory status which SF as organizer of the service and administrator of personal data collects from every registered user, individual, is in the scope of the following personal data categories:
Art. 27.1 The data are provided during registration of the person as a Registered user, for his registration, verification and identification as a user of the service and regarding its use.
Art. 27.2 In case the person does not agree to provide the personal data, he does not register as a user and cannot use the service.
Art. 28 In limited hypotheses, SF as organizer of the service and administrator of personal data can collect additional information with non-obligatory status but only about a specific category of people and only about specific purposes. For instance, data of the person who won a contest about his bank and about the account in the same bank with purpose to transfer the award on this account. If the person refuses to provide the personal data (which is with non-obligatory status), the award is either not given to him or it is in the cases of personal appearance for accepting it.
Purposes for which the personal data can be used
Art. 29 SF collects information about the users, individuals for the purposing of using the service, subject of this General Terms, for the registration, verification and the identification of the people as users of the service, regarding full usage of all the possibilities for the users which the service offers.
Art. 30 SF may use the information either to improve the management of the service provided or to advertise (subject to consent in advance of users by meaning of Article 22 of these Terms) and to other own or third parties goods and services which according to SF could be of interest for the users.
Disclosure of data
Art. 32. SF undertakes not to disclose any personal data and information about the users of the service subject to these General Terms and not to provide the information gathered to third parties - state authorities, legal entities and individuals or other institutions, except in the following cases:
Rights of the Users for Data protection
Art. 33 The users of the service have the right to request to Foundation SF as owner of the website, organizer of the service and administrator of personal data, protection of personal data, offered in relation to their registration as registered users. The rights of data protection include:
Art. 34 The users exercise their right to the protection of personal data in the manner and under the terms of the Bulgarian Law for data protection, these General Terms and Conditions and other applicable requirements.
VІІІ. CHANGES IN THE GENERAL TERMS
Art. 35.1 When accepting the General Terms or when there are changes in the current Terms, SF brings to the knowledge of the users the new (the changed) terms by publishing on the website: http://www.Wintude.com/ the text of the new (the changed -by explicit marking of each of the changes) and by sending to the user’s profile of each registered user a message and giving him the period of 14 (fourteen) calendar days to get acquainted with the new texts;
Art. 35.3 If the registered user states that he rejects the new (the changed) General Rules , then SF and the registered user accept that the contract with the registered user by meaning of chapter ІІ, art. 15 and art. 16 of these Terms, is finished, taken into account since the reject of the new or the changed terms.
ІХ. FINAL PROVISIONS
Scope of application
Art. 36 These General Terms apply together with others (Additional Special Rules) as far as the relevant rules do not explicitly exclude their joint application.
Form of the contract
Art. 38 The invalidity of individual clauses of the contract concluded in accordance with these General Terms - if any, does not invalidate the entire contract.
Termination of the contract
Arl. 39 The contract concluded under the terms of these General Terms (except in the case under Article 33.3 of the Conditions) shall also be terminated when:
Art. 40 The contract can be terminated:
Art. 40.1 By SF or by the side of the registered user:
Art. 40.2 By SF or by the side of the non-registered user :
Art. 41 When terminating the contract of SF with the registered use, the user’s profile is disactivated and the user and password to his profile.
Storing information about terminated contracts
Art. 42 When terminating contract with the user for using the service – (except in the cases of termination of the contract by mutual agreement), SF stores information from the disactivated user profile and password for access to this profie of the user of the service whose contract was terminated in a period no longer than 3 (three) years, considered since its disactivations, with purpose if there is an eventual lawful quarrel and requests “against” or “by” the user.
ORGANIZATION OF Wintude – ONLINE CONTESTS
Types of online contests
§ 1) The types of the online contests are:
p. 1.1) According to the host of the contest
(i) internal (organized on Wintude);
(ii) external (organized on another website);
p. 1.2) According to the type of accepted files:
p. 1.3) According to the stages of the contest
(i) in one round;
(ii) in to rounds;
Announcing the contest
2) Every specific online contest is announced with decision of the organizer Foundation SF, accepted on the basis of the given order or by initiative of the SF and published on the website: http://www.Wintude.com/ and/or on the special internet pages, part of this website:: www.Wintude.com/online-contests/upcoming, when the contest is upcoming or on: www.Wintude.com/online-contests/active, when the contest is active now.
3) The decision contains:
(i) jury of the contest;
(ii) the subject of the contest;
(iii)its purpose and tasks;
(iv)the time frame for organizing and conducting it;
(v) the start and final date for receiving requests of participate;
(vi) the start and end dates for submission of projects by its participants;
(vii) the entry fee (if such is foreseen);
(viii) the prize pool for participants (if such is provided);
(ix) other specific requirements for conducting it;
(x) draft contract with the winning competitor for the award and the performance of the ordered in the task product;
4) Initial or subsequent decision for an online contest in two rounds shall be taken when this condition is explicitly stated by the user of the contest who created it, in the order for its conduction or when the voting for the participants and their projects in the framework of its procedure when there are 2, 3 or more participants with equal or very close voting result.
5) The information on and from a specific online contest (including the course of the voting in the public and the additional vote in a particular competition) is published on the specific page : www.Wintude.com/online-contests/active, when the contest is running, and on the page: www.Wintude.com/online-contests/completed, when the contest is over
6) By the decision to announce the contest, SF as organizer may decide to carry out marketing in order to attract the interest of Registered Users to participate in its conduction.
p. 6.1) The manner and duration of marketing in a particular contest is determined in accordance with the subject matter, task, purpose and other specifics of the contest
p. 6.2) The manner and duration of marketing, as decision of SF, can include sending invitations to all registered users who would have interest in participating in the contest
8) The jury in a particular online contest is appointed by the registered User, the Contractor of the particular contest and/or by SF as the organizer of the Contest, in accordance with the contract concluded between them for giving the order for organization and conduction of the contest. The jury has maximum 10 (ten) and minimum 1 (one) member, offered as staff by the contractor and the organizer.
Applying for a competition
9) The registered user, a legal entity or an individual as a contractor of a specific online contest, requests to SF as organizer of the contest, his will to make a contract for organization and conduction of the contest by sending message with order on the special e-mail for management of online contests: contests@Wintude.com The user, legal entity, fills in the e-form of the message the date, requested in accordance with the General Terms about its court or other registration as legal entity and about its e-mail and contact phone number. The user, individual, fills in the form of the message the data as per identity document, required by the Terms, and also his e-mail and contact phone number.
10) Registered users, adult individuals wishing to participate in a particular contest, declare to SF as organizer of the contest his interest of participation during the period for registering requests for participation by filling in the e-form for giving requests in the contest page: www.Wintude.com/online-contests/active
11) The vote in online contests is based on a system with a total score. The system has a maximum total score of 100 (hundred) points. The registered user, a participant in a particular competition, who has scored the highest score at the end of the contest, is the winner of the competition.
12) The total score is an amount of 3 (three) elements:
(i) jury voting;
(ii) public voting;
(iii) additional voting;
13) The jury voting on a particular online contest is the sum of the voting points of all its members (calculated as a sum), with which each member assesses on the website the project submitted by a participant in the competition. Jury members evaluate participants and their projects with a rating of 1 (one) to 10 (ten) points
A member of the jury may also evaluate and choose only a participant and a project. If a member of the jury does not vote on the participant's page for the project submitted by him, he is considered to have given the project a rating of 0 (zero) points
14) The public voting for each participant in a particular online contest is a sum of the points of: (a) the rating placed by registered users - (calculated as the sum of the arithmetic mean) given on the participant's website - (when the user is a participant himself, given on the page by another participant), the project submitted by him in this contest, and b) the number of participants and visitors' votes on the site of a participant and project, and c) the number of visits to that page. The percentage and distribution of (a), (b) and (c) points is a trade secret reserved for the purpose of eliminating malicious acts and abuses of public voting.
15) Each registered user has the right to evaluate each participant (when the user is a participant himself, this does not concern his participation) with a rating of 1 (one) to 10 (points).
16) The additional voting for a participant in a particular online contest is the voting points of Registered users, visitors to a particular contest, specifically, visitors to the website of the participant in the contest, for the project, given by the WINGS virtual currency held by the respective users.
17) One WINGS is equal to 1 (one) vote, and as virtual currency has value equal 0,48 (zero point forty eight) euro. The participation with the most WINGS accumulated at the end of the contest will be given the maximum% of the additional vote in the competition. Everyone else will get a smaller percentage than the leader in the contest.
18) The additional voting for a contestant is done by clicking on the virtual button "Vote" with the WINGS virtual sign on the page of the respective Participant.
19) The total result is calculated using the following mathematical formula:
Е(max) = A (jury voting) + B (public voting) +С (additional voting)
Where А, В & С have a weight predefined when creating the contest and the values may vary.
20) The total score of each participant in a particular online contest is published on the personal page of the contestant in the contest both as a final result, as well as current, as tbe result in every moment of the process of voting in the contest (and under the format of total and of different components). By request of the Contractor giving order for the specific contest or by the organizer of the contest, the total score (as a current situation) can be hidden from the registered users, the participants and the visitors of the contsts, until the end of it, when this is given by the subject, purpose or tasks of the specific contest.
21 ) The classification of the first three participants of a specific contest is published by SF on the internet page: www.Wintude.com/online-contests/completed with information about the specific contest in period of 7 (seven) calendar days from its completion.
Promoting a contest entry
Every registered user has the right to promote his / her participation in competitions as well as that of another registered user. The promotions are visualized on the different pages of Wintude. There are 3 types of promotion as for each media only one promotion is possible:
(i) Mini Booster – when paying 5 WINGS, the media receives 3 times rating of 10 (top rating), the promotion continues up to 30 clicks to media or up to 5,000 impressions
(ii) Best Offer - when paying 20 WINGS, the media receives 18 times rating of 10 (top rating), the promotion continues up to up to 250 clicks to media or up to 40,000 impressions
(iii) Mega Offer - when paying 80 WINGS, the media receives 90 times rating of 10 (top rating), valid promotion up to 2000 clicks to media or up to 200,000 impressions
Awards in online contests
22) The awards of the participants classified on the first places in a specific online contest, are provided by the user who gave the order for the organization the contest or by SF as organizer of its conduction, or together.
p. 22.1) The type and the value of the awards are announced on the internet page of the contest;
p. 22.2) The awards can be the following types :
(ii) product/ service;
(iii) virtual currency WINGS;
p. 23.3) The page also announces the way they are provided to the winner.
24) The prizes will be given within 30 (thirty) calendar days of the publication of the ranking of the participants but not before the following additional conditions:
p. 24.1) In the case of cash prizes, the participants in the competition shall indicate their data required by these General Terms and their bank and transfer account;
p. 24.2) In the case of product awards, an indication by the rated participants of their data required by the General Terms and of the person, place and means of delivery of the relevant items;
p. 24.3) In the case of WINGS awards - an indication by the rated participants of their data required by these Terms,
25) All costs of distributing the prizes in online competitions - a bank transfer fee or a prize-giving fee, are at the expense of the winners of these awards.
Conclusion of contract for execution of the order
26) When the order of the contractor about a specific online contest , organized and conducted by SF requires from the users who participate in the contest, not only project for participation but if on first place – its completion, then the contractor who gave order, in the period of 30 (thirty) calendar days from the publication of the result, makes a contract with the winner for the completion of the project.