1. Promoting Company
COCCOLE S.R.L. Via Noicattaro 70018 Rutigliano (BA) CF e P.IVA 06976570728
2. Appointed Entity
The Promoting Company has appointed PromotionPlus S.r.l., with registered office in Cassano d'Adda (MI) at Piazza L. Lombarda 3, Tax ID and VAT No. 12461200151, as the Appointed Entity to represent it in all ministerial procedures pursuant to art. 5, paragraph 3, of Presidential Decree 430/2001.
3. Type of Event and Name
No-purchase-necessary prize contest called “COCCOLEBIMBI HALLOWEEN GIVEAWAY” (hereinafter also referred to as “initiative”).
The initiative will take place within Italian national territory according to the methods detailed in point 6 of these Rules from 10/28/2024 to 11/6/2024. Notarial report for prize allocation by 11/30/2024.
Individuals who are of legal age and reside or are domiciled in Italy or the Republic of San Marino and are registered on Instagram with a public account.
6. Participation Methods:
On 10/28/2024, a post related to the contest containing details regarding the participation method and the link to consult this Regulation will be published on the Instagram page @COCCOLEBIMBI. If the user deems it appropriate, they may tag their friends (this action is not relevant for participation in the contest). By performing the actions listed below, the user declares that they have read the regulations and the privacy notice and releases Instagram and the Promoting Company from any liability.
To participate in the initiative, from 10/28/2024 until 23:59:59 on 11/06/2024, users must:
- Connect to Instagram with their public profile and access the page @COCCOLEBIMBI;
- Locate the public post of the contest and comment on it with the phrase “OK I participate” (the possible inclusion of Halloween-themed emojis and/or punctuation marks is optional and not relevant for participation, as is the inclusion of any other text beyond the required phrase).
Commenting on the post referred to in point 2 will trigger the random “instant win” system that will award n. 40 prizes during the initiative period (details in point 9).
The participant will receive the result of the play via a Direct Message in their account.
In case of a non-winning participation, the user will receive a courtesy message such as “you did not win, thank you for participating.”
In case of a winning participation, the user will receive a message containing the winning notification along with details of the prize awarded.
At the end of the initiative, in case of prizes not awarded by the random system, they will be drawn during the notarial report as detailed in point 9 of this Regulation.
The prize allocation will be managed by a computer system located on an Italian server that will randomly identify the winners among all those who have entered all required data. It will not be possible to determine in advance who the winning or non-winning participant will be, in order to ensure that the win is random and not preordained. The company makes available the declaration issued by the technical manager responsible for the implementation of the computer program relating to: the specifications of the random draw program for winning events, the adoption of appropriate measures to prevent third-party intervention to modify the software itself, and the overall security of the system used with respect to the need to protect public faith.
- It is necessary to have a public account. The Promoting Company is not responsible for any restrictions imposed by the user or operated by Instagram. Participation by users with private profiles or restrictions will not be considered valid and will result in the forfeiture of any potential winnings. To participate in the contest, the user must necessarily comment on the correct post with the phrase “OK I participate”; comments that do not exactly contain this phrase will not be eligible for the initiative;
- The comment must remain visible until 11/30/2024, and the user’s profile must be public until that date;
- A single user may participate only once during the entire period: if a user posts multiple comments, only the first valid comment made under the post will be considered valid. The Promoting Company reserves the right to verify and annul even after the fact any subsequent participations related to the same participating user;
- The Promoting Company reserves the right to carry out all checks regarding correct participation - even at the prize validation stage and in any case before its delivery - and reserves the right to block participation in the contest by users who engage in behavior deemed fraudulent;
- The content of the response to the question in DM may be free. However, it will lead to the elimination at any time, at the sole discretion of the Promoting Company, of any text reporting the characteristics mentioned in the next point;
- Comments/responses in DM that will result in the annulment of participation and any winnings include:
- Not respectful of common decency and public morality / derogatory, insulting, offensive in terms - merely illustrative and not exhaustive - of race, religion, disability, sexual orientation, etc.; also concerning symbols of States or Nations, political parties, religious orders including the symbols belonging to them;
- That incite the use of drugs, alcohol, or prohibited substances and/or weapons;
- That display brands, logos, or names of companies other than that of the Promoting Company (competitors).
All participants in the instant win, both winners and non-winners, who, as of the date of the notarial report (by 11/30/2024), will be following the Instagram page @COCCOLEBIMBI, will have the opportunity to participate in the final draw as specified in point 7 of this Regulation.
7. Assignment of Prizes
By 11/30/2024: the database containing the winning and non-winning entries related to the period 10/28/2024 – 11/06/2024 will be extracted and, in the presence of a notary appointed to oversee the process, the following will be carried out:
- The recording of the instant win prizes that have been validated and those that have not;
- The drawing, among all non-winning participants, of any instant win prizes not awarded and/or not validated during the period, with one name drawn for each unawarded/unvalidated prize;
- The drawing of an additional 10 reserve names from all winning and non-winning participants during the period, which will be used in order of extraction in case of inability to award the prize for one or more reasons listed in point 8 of this Regulation.
By 11/30/2024: the database containing the valid entries related to the instant win will be extracted, and in the presence of a notary appointed to oversee the process, the final prize draw will take place with one winning name and 10 reserve names drawn from all participants - followers of the page @COCCOLEBIMBI as of the date of the notarial report - who are either winning or non-winning in the instant win.
8. Communication of Winning and Acceptance of Prizes
Within 3 working days from the notarial report, the winner will be contacted by the Instagram account of the Promoting Company via Direct Message (please also check the "requests" area). The winning notification will contain useful information for validation: the winner must send an email within 5 calendar days to the indicated address containing their Instagram nickname and a copy of a valid identity document. In case of failure to respond within the established timeframe, the Promoting Company will proceed to contact the reserves in the order of extraction, following the same procedure.
The Promoting Company accepts no responsibility for causes beyond its control, or in the event that the user:
- Does not check messages and/or requests on Instagram in Direct Message for any reason;
- Is not the sole responsible for managing their profile;
- Cannot be contacted due to restrictions on their account;
- Deletes their Instagram profile.
9. Prizes at stake
The Promoting Company has planned to award the following prizes during this initiative. If the prizes are no longer available, it will provide consumers with substitute prizes of equal nature and value.
A) Instant Win
- 10 COCCOLEBIMBI Gift Cards worth €100.00 excluding VAT (face value €100.00);
- 30 COCCOLEBIMBI Gift Cards worth €50.00 excluding VAT (face value €50.00).
Total instant win prize pool €2,500.00
B) Final Draw
- 1 COCCOLEBIMBI Gift Card worth €500.00 excluding VAT (face value €500.00).
Main features of the Gift Card:
- Usable in one or more transactions on the e-commerce site www.coccolebimbi.com until the amount of the Gift Card is reached;
- Expiration one year from issuance;
- In case of non-use, upon expiration, it will not entitle to an extension or refund; any unused balance will be forfeited;
- For no reason will it be possible to request the conversion of gift vouchers into cash;
- The recipient participant is responsible for checking the expiration date in advance;
- It cannot be used to purchase additional Gift Cards on CoccoleBimbi.com.
For further details, please refer to the conditions indicated on the voucher itself.
The prize will be sent via email to the address provided by the winner within 180 days from the notarial report.
10. General provisions
- This prize contest is in no way sponsored, endorsed, or administered by Instagram nor associated with Instagram;
- The company provides the statement issued by the technical manager responsible for the development of the software program concerning: the specifications of the mirroring and data extraction program, the adoption of appropriate measures to prevent possible interventions by third parties to modify the software itself, the overall security of the system used regarding the need to protect public faith. To guarantee the continuity of participation in case of interruption of the APIs by Meta, for reasons not attributable to the Promoting Company, participation will be activated through the following alternative method: sending an email with the comment on the post and the related nickname to email@example.com with the subject "OK I participate." The activation of the alternative method will be communicated through a dedicated post on the @coccolebimbi page and will be carried out only in case of actual necessity;
- The software that collects and manages data related to the contest is located on a server situated in Italian territory that will operate according to the criteria indicated in this Regulation and will ensure the protection of public faith;
- The Promoting Company assumes no responsibility for any access issues, impediments, dysfunctions, or difficulties concerning technical tools, phones, etc., that may prevent a user from participating within the established times;
- The Promoting Company and third parties appointed by it assume no responsibility in the event of non-delivery or late delivery of the communication of winning if any of the following conditions occur: 1. The user's account used by the participant during participation is found to be nonexistent or disabled 2. The privacy settings set by the user's account prevent the receipt of messages;
- The Company declares to waive the right of recourse pursuant to Article 30 of D.P.R. 600/1973;
- The Promoting Company also declares that it will pay the withholding tax of 25% for all awarded prizes and, pursuant to Article 19, paragraph 2 of D.P.R. 633/1972, will apply the non-deductibility of VAT on the purchase of prizes consisting of taxable goods/services for tax purposes; in case it is due, the substitute tax will be paid based on the value of the prizes consisting of goods/services not subject to VAT.
11. Free participation
Participation in this prize competition is free, except for the data connection costs defined by the mobile service plan used by the participant, and does not represent any income for the Promoting Company.
The Promoting Company plans to award a total prize pool of €3,000.00 excluding VAT. Likewise, the Delegated Company has provided an appropriate deposit equal to 100% of the presumed total prize pool, as per Article 7 of the D.P.R. 430/2001.
13. Prize redistribution
At the end of the competition, any unawarded prizes, other than those declined, will be donated to Famiglie SMA APS ETS, CF 97231920584 - Via Re Umberto I°, 103 – 20045 Lainate (MI).
14. Promotion of the initiative and the Regulations
The original Regulations are available at the Delegated Entity as provided for by Article 5, paragraph 3 of DPR 430/01 and will be available at the link: https://coccolebimbi.com/goto-content/termini-e-condizioni-giveaway-halloween-2024. This Initiative will be promoted through the social media channels of the Promoting Company and on the website www.coccolebimbi.com. The advertising message will comply with what is stated in these Regulations.
15. Guarantees and Obligations
Il presente concorso a premi si svolge nel rispetto del DPR 26 ottobre 2001, n. 430 e secondo le istruzioni indicate nella circolare 28 marzo n. 1/AMTC delle Imprese e del Made in Italy, già Ministero dello Sviluppo Economico.
Participation in the contest involves the processing of some personal data. Therefore, COCCOLE S.R.L., the organizer of the contest and data controller (hereinafter "Data Controller" or "Company"), as provided for by current regulations (art. 13 General Data Protection Regulation, hereinafter also GDPR), provides the user interested in registering to participate in the contest with information regarding the processing of their data. If we have reason to believe that one of our users is a minor and that we have obtained their personal data without proper consent, the user's participation in the contest will be canceled and we will delete all data within a reasonable time frame.
WHO IS THE DATA CONTROLLER?
The Data Controller is COCCOLE S.R.L. located at Via Noicattaro 70018 Rutigliano (BA) - CF and VAT number 06976570728
HOW TO CONTACT THE DATA CONTROLLER?
They can be reached at the following email address: firstname.lastname@example.org
WHAT DATA IS PROCESSED?
The contest is carried out through Instagram (hereinafter "Platform"), for which the user is required to have their account. The data that the user has entered on the Platform will not be collected by the Company, which will only view the photos published by users participating in the initiative and assess the presence of the required criteria for participating in the contest, as described in the Regulation.
WHAT ARE THE PURPOSES AND LEGAL BASES OF THE PROCESSING?
The personal data collected from the interested party is used solely to allow participation in the contest. The data of the winner is also used for the activities that the Company must carry out to control access to the event indicated in the Regulation. The legal bases for the data processing for the mentioned purposes are:
- Adoption of measures related to the pre-contractual relationship (measures related to the registration application submitted);
- Execution of the contract (fulfillments related to participation in the contest and the correct execution of the obligations assumed);
- Legitimate interest of the Company (data of the winners);
- Legal obligations (if strictly necessary, data may also be used in light of the legitimate interest of the controller to comply with a binding legal or tax obligation).
WHAT HAPPENS IF DATA IS NOT PROVIDED?
For the purposes indicated above and connected to participation in the contest, its conduct, and the delivery of prizes, the Data Controller is not obligated to obtain the specific consent to the processing of personal data from the user. All the indicated activities fall within the purposes for which Article 6 of the EU Regulation allows the Data Controller to carry out processing without needing to acquire your specific consent. These are indeed processes related to compliance with the obligations set forth in the contest regulation, the related technical and administrative activities, or necessary due to obligations established by Italian or EU legislation. Providing data and thus consent to their collection and processing is optional. The user can deny consent and can revoke any previously granted consent at any time. Denying consent will result in the inability to participate in the contest and to benefit from the awarded prize.
HOW IS DATA MANAGED?
The data collected is processed using IT tools and only residually with paper methods. For data processing related to the website services, the Data Controller uses servers located within the European territory and IT systems located at the Data Controller's headquarters. There is no transfer abroad of user data for the purposes indicated herein. Appropriate security measures are adopted to prevent data loss, unlawful or incorrect use, and unauthorized access.
HOW LONG IS DATA STORED?
The data provided is stored for the time strictly necessary for registration and participation in the contest and for the delivery of the final prize. The data of the winning interested parties will be retained, for the purposes related to participation and management of the Contest, for the terms provided by applicable law (DPR 430/2001) as well as for the five-year retention periods for civil law purposes as provided by current legislation. Defensive needs are preserved (which may require additional retention).
WHO CAN ACCESS THE DATA?
The data will be processed by authorized employees and collaborators. The data may also be accessed by companies that provide IT supply and assistance services for purposes related to activities carried out by such entities on behalf of the Data Controller, by consultants and collaborators that the Data Controller relies on for contest management, and by consultants for managing disputes and providing legal assistance in the event of any disputes that may require their involvement. It is specified that some of the mentioned subjects operate as data processors and that communication to those who operate as independent controllers is carried out because prescribed by legal obligations or necessary to fulfill obligations arising from the contractual relationship or the legitimate interest of the controller consisting of maintaining the security of IT systems and carrying out defensive activities through legal consultants. Communication is limited to only those categories of data whose transmission is necessary for the performance of activities and purposes pursued. The interested party may request from the Data Controller the list of external subjects that carry out their activities as data processors.
WHAT ARE THE RIGHTS OF THE INTERESTED PARTY?
The law grants the interested party the right to request the data controller access to personal data and the rectification or deletion thereof or the limitation of processing concerning them or to object to their processing, in addition to the right to data portability. The interested party may exercise their rights at any time, without formalities, by contacting the data controller, through email@example.com. Below are the rights recognized by current legislation on personal data protection:
- The right of access, i.e., the right to obtain from the data controller confirmation as to whether or not personal data concerning them is being processed and, if so, to access the personal data and the following information:
a) the purposes of the processing;
b) the categories of personal data concerned;
c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, particularly if recipients in third countries or international organizations;
d) where possible, the retention period for the personal data or, if not possible, the criteria used to determine that period;
e) the existence of the right of the interested party to request the data controller rectification or deletion of personal data concerning them or the restriction of processing of personal data concerning them or to object to their processing;
f) the right to lodge a complaint with a supervisory authority;
g) where the data are not collected from the interested party, all available information as to their source;
h) the existence of automated decision-making processes, including profiling and, at least in those cases, meaningful information about the logic involved, as well as the significance and anticipated consequences of such processing for the interested party. Where personal data are transferred to a third country or an international organization, the interested party also has the right to be informed of the existence of adequate safeguards relating to the transfer;
- The right of rectification, i.e., the right to obtain from the data controller the rectification of inaccurate personal data concerning them without undue delay. Taking into account the purposes of the processing, the interested party has the right to obtain the completion of incomplete personal data, including by providing a supplementary statement;
- The right to erasure, i.e., the right to obtain from the data controller the erasure of personal data concerning them without undue delay if:
a) the personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
b) the interested party withdraws consent on which the processing is based and if there is no other legal ground for the processing;
c) the interested party objects to the processing because it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller or for the pursuit of legitimate interests and there are no overriding legitimate grounds for the processing, or objects to the processing for direct marketing purposes;
d) the personal data have been unlawfully processed;
e) the personal data must be erased for compliance with a legal obligation under Union or Member State law to which the data controller is subject;
f) the personal data have been collected in relation to the offer of information society services to minors.
However, the request for erasure cannot be granted if the processing is necessary:
a) for exercising the right to freedom of expression and information;
b) for compliance with a legal obligation requiring processing under Union or Member State law to which the data controller is subject or for performing a task carried out in the public interest or in the exercise of official authority vested in the data controller;
c) for reasons of public interest in the area of public health;
d) for archiving purposes in the public interest, scientific or historical research or statistical purposes, to the extent that the erasure is likely to render impossible or seriously prejudice the achievement of the objectives of that processing; or
e) for the establishment, exercise or defense of a right in legal proceedings;
- The right to restriction, i.e., the right to obtain that the data are processed, except for storage, only with the consent of the interested party or for the establishment, exercise or defense of a right in legal proceedings or to protect the rights of another natural or legal person or for reasons of substantial public interest of the Union or a Member State if:
a) the interested party contests the accuracy of the personal data, for the period necessary for the data controller to verify the accuracy