GENERAL TERMS AND CONDITIONS OF CONSUMER CONTESTS

PREAMBLE

The purpose of the general terms and conditions of consumer contests is to regulate the rules of consumer contests organised in particular through the website of MUZIKER, a.s. with registered office at Drieňová 1/H, 821 01 Bratislava, ID No.: 35697270, registered in the Commercial Register maintained by the Municipal Court of Bratislava III, Section: Sa, Insert No. 3337/B (hereinafter referred to as “ 'MUZIKER”) as well as through social networking functions (in particular posts and posts), in particular on the MUZIKER Facebook page at https://www.facebook.com/muziker.com and on MUZIKER's Instagram profile at https://www.instagram.com/muziker.shop/ (hereinafter collectively referred to as ‘fanpage’) as well as through the websites of third parties as well as through social networking features (in particular posts and posts), in particular on their Facebook pages and/or Instagram profiles (hereinafter collectively referred to as “platforms”), which collaborate with MUZIKER on consumer contests (hereinafter collectively referred to as the ‘Contest’).

These general terms and conditions for consumer contests bind the rules of the contests and apply to the extent that the specific contest does not provide otherwise (hereinafter referred to as ‘T&CsC’).

The Contest is a promotional contest, which is not a gambling game within the meaning of Section 4(6) of Act No. 30/2019 Coll. on Gambling Games and on Amendments and Additions to Certain Acts, as amended.

The purpose of the competition is to increase public awareness and promotion of the company MUZIKER as well as sales support.

1. ORGANISER OF THE CONTEST AND THIRD PARTY

1.1 The Organiser of the contest is the company MUZIKER (hereinafter referred to as the ‘Organiser’).

1.2. An individually designated third person/third parties, in particular influencer/influencers, who may be individually selected for a particular Contest, through whom or in cooperation with whom the Organizer may conduct the Contest (hereinafter referred to as ‘Third Party‘), may be featured in a particular Contest.

2. CONTEST PERIOD AND PLACE

2.1. The Contest shall take place within a specific limited period of time, which is specified in a specific Contest entry, post or content published on the Organizer's website or its fanpage or on a Third Party's website or its platforms (hereinafter referred to as ‘Contest entry, post or content’).

2.2. All up-to-date information about the Contest (in particular news, changes, outages, evaluations, cancellations) shall be published on the Organizer's website or its fanpage or on the website of the Third Party or its platforms.

3. ELIGIBILITY CONDITIONS FOR PARTICIPATION IN THE CONTEST

3.1. The Contest is open to natural persons over 18 years of age or under 18 years of age, but with the consent of their legal representative, who are legally competent and who are also permanent or temporary residents of the territory for which the Contest is organized (hereinafter referred to as ‘Entrant’), who meet the conditions set out in these T&Cs, and who enter the Contest in accordance with these T&Cs and the Contest entry, post or content. The Organiser shall be entitled to request the consent of the legal representative of a Entrant under the age of 18 from such Entrant at any time and the Entrant shall promptly provide such consent to the Organiser. The Contest may be organised using all the means and functions available on the relevant website, fanpage or platform.

3.2. Persons who are employees of the Organiser or a Third Party involved in the Contest and their employees are not eligible to participate in the Contest. Furthermore, close persons (§116 of Act No. 40/1964 Coll. Civil Code, as amended) of the persons mentioned in the previous sentence are not entitled to participate in the Contest.

3.3. If it is proven that the winner is a person who is not entitled to participate in the Contest, the prize will not be awarded to them and will remain the property of the Organiser, unless the Organiser decides otherwise. If a person who is not entitled to participate in the contest has already accepted the prize, they are obliged, upon written request from the Organiser, to return the prize to the Organiser or to reimburse the Organiser for the full value of the prize and any related costs incurred by the Organiser, as well as any damage incurred by the Organiser in this regard.

4. ENTERING THE CONTEST

4.1. The Entrant shall enter the Contest as set out in the terms and conditions and instructions of the Contest entry, post or content.

4.2. Each Entrant meeting the conditions for participation in the Contest as set out in Section 3 of the T&Cs may only enter the Contest once, unless the specific Contest provides otherwise.

4.3. Only a person who has entered the Contest and complied with the terms and conditions and instructions of the Contest entry, post or content as well as these T&Cs and has been determined by the Organizer or Third Party, as applicable, as the winner may be eligible to claim the Contest prize. The Organiser reserves the right to determine the winner with finality.

4.4. Each Entrant meeting the conditions for participation in the Contest pursuant to Section 3 of the T&Cs, as well as the conditions for participation in the Contest pursuant to Section 4 of the T&Cs, may only win one prize in the Contest, unless the specific Contest specifies otherwise.

4.5. By entering the Contest, the Entrant declares that

4.5.1. agrees to the terms and conditions of the contest specified in the contest entry or content; and at the same time

4.5.2. agrees to these Terms and Conditions of the Contest; and at the same time

4.5.3. will conduct their participation in the Contest in their own name and on their own account.

4.6. Insofar as the entry or post or comment or other content created by the Entrant would meet the defining characteristics of a copyright work pursuant to Act No. 185/2015 Coll. on Copyright, as amended, by entering the Contest, the Entrant, as the author thereof, grants the Organizer:

4.6.1. permission to use the copyright work in any manner known at the time of entering the Contest (licence), the licence being granted as non-exclusive, gratuitous and unlimited in time, subject matter and territory; and at the same time

4.6.2. consent to the grant of a sub-licence (in whole or in part); and at the same time

4.6.3. consent to the assignment of the licence (in whole or in part); and at the same time

4.6.4. consent that the Organiser may display the entrant's copyright work in public under their own name (in particular for the purpose of promoting the Organiser), unless otherwise agreed between the Organiser and the Entrant.

5. CONTEST PRINCIPLE AND MANNER OF OBTAINING PRIZES

5.1. The principle of the Contest is always specified individually in the Contest entry, post or content.

5.2. The Organiser is entitled to exclude a Contestant from the Contest without their knowledge if:

5.2.1. they do not meet the conditions set out in these T&Cs or the contest entry, post or content;

5.2.2. their conduct is/may be contrary to the law or good morals;

5.2.3. their entry, post, comment or other content created by them is/may be in violation of the law or good morals;

5.2.4. they have not provided the Organiser with the consent of their legal representative upon request.

5.3. The Contest winner will generally be announced on the Organiser's website or its fan page or on the Third Party's website or platforms, depending on where the Contest takes place.

5.4. The Organiser shall announce the winner of the Contest on the Organiser's website or fan page by publishing the first name and initials of the winner's surname or by publishing their Facebook account or Instagram profile or other account within the relevant social network, even without the express consent of the winner of the contest, or by publishing the name and surname of the winner of the contest, if the winner of the contest expressly agrees to this. If the winner of the contest is also announced on the Third Party's website or platforms, the Third Party will announce the winner of the contest by publishing their Facebook account or Instagram profile or other account on the relevant social network, even without the express consent of the winner of the contest.

6. PRIZES AND PRIZE HANDOVER

6.1. The subject of the prize is always determined individually within the contest entry, post or content.

6.2. The Organiser shall notify the winner of the Contest by email or other appropriate means (e.g. by message) of the prize and the method of delivery, usually within 10 days of the evaluation of the Contest and the determination of the winner of the Contest. If the winner of the Contest does not respond within 3 days of notification in accordance with the first sentence, or if the winner of the Contest provides false or incomplete information, the prize shall be forfeited in favour of the Organiser.

6.3. The Organiser is entitled to choose the method of delivery of the prize.

6.4. The Organiser shall deliver the prize only to valid addresses within the territory for which the Contest is organised, unless the Organiser and the Contest winner agree otherwise.

6.5. The winner of the Contest cannot transfer their entitlement to the prize to another person.

6.6. The prize in the Contest cannot be claimed in court pursuant to § 845 of Act No. 40/1964 Coll. of the Civil Code, as amended.

6.7. There is no legal claim to the contest prize. In the event of any dispute regarding the contest, the Organiser's decision shall be final and binding.

6.8. The Organiser reserves the right to replace the declared prize with a prize of a similar type and corresponding value, as well as to change the conditions for the handover and delivery of the prize.

6.9. The prize cannot be redeemed for cash.

7. GENERAL PROVISIONS

7.1. The Organiser is entitled to extend, shorten, interrupt, cancel or change the rules of or the subject of the Contest, in particular, but not exclusively, for reasons of health, morality and the good name of the Entrants, Third Parties or the Organiser. The Organiser is also entitled to change the terms and conditions of the contest if an obstacle arises that prevents or disproportionately hinders the implementation of the Contest.

7.2. Contests that were commenced prior to the publication of these T&Cs and have not been completed as of the date of their publication shall be completed in accordance with the applicable general terms and conditions of consumer contests in effect at the time of the commencement of the contest, and if there are none, in accordance with the terms and conditions of the contest as set forth in the applicable contest entry, post or content.

7.3. In the event of any conflict between the provisions of the T&Cs and promotional materials relating to the Contest, in particular any ambiguity regarding the interpretation of promotional materials relating to the Contest or the conditions set out in the Contest entry, post or content, the relevant provisions of the T&Cs in their current version shall apply and prevail.

7.4. The Organiser shall not be liable for any health insurance and tax obligations of the Entrant/Winner and the payment of any tax on the prize pursuant to Act No. 595/2003 Coll. on Income Tax, as amended.

7.5. The risk of damage to the prize shall pass to the contest winner upon acceptance of the prize. The Contest Organiser shall not be liable for any defects in the prize or any damage related to the use of the prize. The Organiser is not responsible for any delay, loss, damage or destruction of the prize or incorrect delivery or non-delivery of the prize caused by postal or similar transport in connection with the delivery of the prize.

7.6. The Contest Organiser shall not be liable for incorrect delivery or non-delivery of the prize caused by the use of information provided by the Contest winner to the Organiser for the purpose of delivering the prize, which later proves to be incorrect, incomplete, out of date or false.

7.7. The Organiser shall not reimburse the Entrant or the Contest winner for any costs incurred in connection with their participation in the Contest or in connection with winning the Contest.

7.8. The Organiser is not responsible for technical problems of any kind, including failure or interruption of remote communication devices, failure or interruption of network hardware or software. Furthermore, the Organiser is not responsible for human error that may occur in the administration of the contest or for any damage that may be attributed to an Entrant in the or the winner of the contest.

7.9. The T&Cs for the Contest are written in Slovak. If the T&Cs for the Contest are also written in a language other than Slovak, the Slovak version always prevails over other language versions.

7.10. Legal relations between the Organiser and the Entrant or the winner of the Contest shall be governed by the law of the Slovak Republic.

7.11. The T&Cs come into force on the day of their publication on the Organizer's website.

7.12. The full text of the T&Cs is available in its effective and latest version on the Organiser's website.

8. PERSONAL DATA AND DATA PROTECTION

8.1. The Organiser has taken appropriate measures to process personal data in accordance with Act No. 18/2018 Coll. on the protection of personal data and on amendments to certain laws, as amended, and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the ‘GDPR’). The contestant confirms that they have been informed about the processing of their personal data in accordance with the rules found at the following link: Privacy Policy.

8.2. The Organiser informs the Entrant that the processing of their personal data for the purposes of participation in the Contest, including determining the winner of the Contest, contacting the winner of the Contest and delivering the prize, is based on the legal basis of legitimate interest pursuant to Article 6(1)(f) of the GDPR, and without the provision of the Entrant's personal data, it would not be possible for the Entrant to participate in the Contest.

8.3. The competitor who has provided their personal data is responsible for ensuring that the personal data provided is correct, complete, up-to-date and true.

8.4. The Organiser informs the Entrant that the provision of the requested personal data is voluntary, and that the Entrant may freely withdraw their consent to the processing of their personal data at any time in writing. In the event of withdrawal of consent by the contestant or winner of the contest prior to the awarding of the prize, the prize shall be forfeited in favour of the Organiser, unless the Organiser and the winner of the contest agree otherwise.

8.5. In the case of publishing the personal data of the winner of the Contest, in the scope of the first and last name on the Organizer's website or its fanpage, the processing occurs on the legal basis of consent pursuant to Article 6(1)(a) of the GDPR Regulation, and only if the Entrant has given such consent to the Organizer in advance. Providing consent for the disclosure of the winner's personal data is voluntary and does not affect the Entrant's participation in the Contest or the awarding of the prize.

8.6. All other information related to the processing and protection of Entrants' personal data, including the rights of Entrants as data subjects, is made available to Entrants on the website of the responsible person of the Organizer at the link Consumer Contests.