General Terms of Competitions

General Terms of Competitions

of MUZIKER, a.s.

(hereinafter the “General Terms”)

Article I

Introductory Provisions

These General Terms set out rules common to Competitions announced by the Organiser from the date on which these General Terms take effect, provided that the Special Terms or the Competition Announcement contain a reference to these General Terms. A reference means stating the internet address at which these General Terms are published, or a hyperlink to them. These General Terms do not apply to a Competition whose Special Terms and Competition Announcement contain no such reference, and such a Competition is governed solely by its own terms. These General Terms apply to every Competition that contains a reference to these General Terms, regardless of the method of Entry and of the channel through which the Competition is conducted (in particular the Newsletter, a Local Platform, a Social Network, an Organiser’s store or an Organiser’s event).
The Organiser may issue Special Terms for a Competition. The Special Terms need not be drawn up as a separate document and may be set out directly in the Competition Announcement, in particular in a competition post, e-mail, form or other communication by which the Organiser announces the Competition. If the Organiser does not issue separate Special Terms, the information and conditions of the specific Competition set out in the Competition Announcement and in the content to which the Competition Announcement expressly refers shall be deemed to be the Special Terms.
The General Terms and the Special Terms together constitute the Rules. If the Special Terms conflict with these General Terms, the Special Terms shall prevail. Matters not governed by the Special Terms shall be governed by these General Terms. In the Special Terms, the Organiser may exclude the application of individual provisions of these General Terms or lay down different or additional rules for a specific Territory, in particular where required by the legislation applicable in the given state.
From the perspective of Slovak law, a Competition in which the Winner is determined by a draw may constitute a game pursuant to § 845 et seq. of the Civil Code or a public promise pursuant to § 850 et seq. of the Civil Code. If the subject of the Competition is the creation of a certain work or performance and the Winner is determined on the basis of its evaluation according to predetermined criteria, it may constitute a public competition pursuant to § 847 et seq. of the Civil Code. If the Organiser publicly announces that it will provide a Prize to the person or persons who meet specified conditions, it may constitute a public promise pursuant to § 850 et seq. of the Civil Code. The specific legal classification of a Competition depends on its content, the method of Entry and the method of determining the Winners. The legal assessment of a Competition in another state is also governed by the relevant legislation of that state.
If a specific Competition meets the conditions of a promotional competition pursuant to § 4(6) of Act No. 30/2019 Coll. on Gambling and on amendments to certain acts, as amended, it is not considered gambling under Slovak law. The legal assessment of a Competition under the legislation of another state in which the Competition takes place shall be carried out separately, taking into account its specific mechanism and conditions. If the legislation of such a state requires special conditions of participation or another procedure in organising the Competition, the procedure under Article XV(2) of these General Terms shall apply.
These General Terms do not apply to a promotion in which every person who meets the specified conditions receives a benefit without any selection of Winners (in particular a discount, a gift with purchase or a loyalty programme), unless the Organiser specifies in the terms of such a promotion that these General Terms apply to it.
The Organiser is established in the Slovak Republic and organises the Competition from the Slovak Republic. Legal relations between the Organiser and a Participant arising from participation in the Competition are governed by the law of the Slovak Republic pursuant to Article XV(1) of these General Terms. Protection under the mandatory provisions of the state of the Participant’s habitual residence and obligations under the legislation applicable to the organisation of the Competition in individual states are governed by Article XV(1) and (2) of these General Terms.

Article II

Definitions and Interpretation

Terms written with a capital initial letter have the following meaning in the Rules:
1. Close Person means a close person within the meaning of § 116 of the Civil Code;
2. Winner Determination Day means the day on which the Organiser or a person authorised by it determines the Winners in the manner set out in the Rules. If Winners are determined separately for individual Competition Rounds, the Winner Determination Day is the day on which the Winners of the relevant Competition Round are determined;
3. Duration means the period specified in the Special Terms during which an Entry may be made. For a Competition announced for an indefinite period, it is the period from the day of the Competition Announcement until the day on which its termination takes effect pursuant to Article XIII of these General Terms;
4. GDPR means 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;
5. Committee means a group of at least 3 persons appointed by the Organiser, unless the Special Terms specify a different number, which evaluates Competition Submissions according to the criteria set out in the Special Terms and determines the Winners in a Competition in which the Winner is not determined by a draw;
6. Local Platform means the Organiser’s online store operated under a domain or in a language, territorial or other version that the Organiser has designated for a specific state or group of states, including the Organiser’s mobile application in the relevant setting;
7. minor Participant means a Participant who has not reached 18 years of age on the Winner Determination Day;
8. Substitute means a Participant determined on the Winner Determination Day as a substitute Winner in the order set by the Organiser, to whom the Prize may pass if a Winner ranked higher loses their entitlement to the Prize or is excluded from the Competition pursuant to the Rules. Substitutes are determined only if the Special Terms allow for their determination;
9. Newsletter means the Organiser’s commercial communication, in particular information about the Organiser’s products, promotions and competitions, which the Organiser sends by e-mail or another form of electronic communication to persons who have consented to receiving it, or to whom the Organiser sends it on another legal basis;
10. Civil Code means Act No. 40/1964 Coll., the Civil Code, as amended;
11. Organiser means MUZIKER, a.s., identified in Article III(1) of these General Terms;
12. Special Terms means the terms of a specific Competition issued by the Organiser pursuant to Article I(2) of these General Terms, including their annexes;
13. Prize Notification means the Organiser’s notification to a Winner that they have been determined as a Winner, made in the manner set out in Article IX(5) to (8) of these General Terms;
14. Partner means a third party identified in the Special Terms that provides Prizes or otherwise participates in the Competition;
15. Voucher means an electronic or paper document, in particular a gift voucher, discount code or other coupon, which entitles its holder to purchase goods or services from the Organiser or the Partner or to a discount on their price, under the conditions set by the issuer of the Voucher and by the person with whom the Voucher can be redeemed, if they are different persons;
16. Rules means these General Terms together with the Special Terms of a specific Competition;
17. Decisive Moment means the moment as of which it is assessed whether a person meets the conditions of participation and whether they are included among the Participants from whom the Winners are determined. Unless the Special Terms provide otherwise, it is the expiry of the Duration or, in a Competition divided into Competition Rounds, the expiry of the relevant Competition Round;
18. Social Network means an internet service of a third party that enables users to create profiles and to publish, share and comment on content and on which the Organiser has an official profile, in particular Facebook and Instagram (operated by Meta Platforms Ireland Limited), TikTok (operated by TikTok Technology Limited) and YouTube (operated by Google Ireland Limited);
19. Competition means a competition, game or other promotional event offering the possibility of winning a Prize, which the Organiser announces to promote the sale of its goods or services or to promote its brand and in which the Winners are determined in the manner set out in the Special Terms or in the Competition Announcement;
20. Competition Round means a part of the Duration specified in the Special Terms for which Winners are determined separately;
21. Competition Submission means any content or part thereof that a Participant creates, provides, sends or publishes as part of an Entry into the Competition, in any form, in particular as text, an answer to a competition question, a comment, a photograph, an image, graphics, a video, an audio or audiovisual recording or a combination thereof, including the title, description, hashtags and tags of profiles or persons that the Participant attaches to it, regardless of whether it constitutes a copyright work or another subject matter protected under intellectual property legislation;
22. Participant means a natural person who meets the conditions of participation under Article IV of these General Terms and the Special Terms and has made an Entry;
23. Territory means the state or group of states for which a specific Competition is intended. The Territory is specified in the Special Terms or in the Competition Announcement. Unless otherwise specified, the Territory is determined according to the channel through which a person enters the Competition, as follows:
  1. for an Entry via a Local Platform, according to the state for which the relevant Local Platform is intended;
  2. for an Entry via the Newsletter, according to the state for whose customers or subscribers of the Local Platform the Newsletter was intended;
  3. for an Entry via a Social Network or another general communication channel, according to the state stated in the Competition Announcement or selected by the Participant in the registration form.

The assignment of an Entry to a particular state under this paragraph serves to determine the market for which the Participant enters the Competition and does not in itself change the Participant’s state of habitual residence, nationality or tax residence.

Competition Announcement means the publication or other making available of the Special Terms, the publication of a competition post, the sending of an e-mail or other communication by which the Organiser announces the Competition via a Local Platform, a Social Network or another communication channel;
Prize means the benefit specified in the Special Terms that the Winner obtains in the Competition, in particular goods, a Voucher, a service, an experience or a sum of money;
Winner means a Participant who was determined on the Winner Determination Day, in accordance with the Rules, as the winner of a Prize, and a Substitute to whom the Prize passed pursuant to Article IX(4) of these General Terms;
Income Tax Act means Act No. 595/2003 Coll. on Income Tax, as amended;
Legal Representative means a parent or other person authorised to act on behalf of a minor Participant under the law of the state of their habitual residence;
Entry means an act of a person or another fact by which the person becomes a Participant, carried out in the manner set out in Article V of these General Terms.

Terms defined in these General Terms have the same meaning in the Special Terms, in their annexes and in the Organiser’s communication about the Competition, unless the Special Terms expressly provide otherwise. The Special Terms may define further terms or specify, for a particular Competition, the terms defined in these General Terms.
The following applies to the interpretation of the Rules:
1. a reference to an article or paragraph without specifying the document is a reference to an article or paragraph of the document in which the reference is made;
2. article headings serve for orientation only and have no effect on interpretation;
3. a time limit specified in days runs in calendar days, unless it is stated that working days are meant; a working day is a day that is not a Saturday, Sunday or public holiday in the Slovak Republic;
4. a time limit specified in days starts to run on the day following the day on which the event determining its commencement occurred; if the last day of the time limit falls on a Saturday, Sunday or public holiday in the Slovak Republic, the last day of the time limit is the next following working day;
5. a term in the singular also includes the plural and vice versa;
6. the requirement of written form is also met by e-mail.

Article III

Organiser

The Organiser of the Competition is the company:

Business name: MUZIKER, a.s.

Registered office: Lozorno 1102, 900 55 Lozorno, Slovak Republic

Company ID (IČO): 35 840 773

Registration: Commercial Register of the Bratislava III Municipal Court, Section Sa, Insert No. 3337/B

Contact for Competitions: podpora@muziker.sk

The Organiser is entitled to entrust a third party, including a Partner, with the performance of individual tasks in the Competition, in particular the operation of the e-mailing system, the management of profiles on Social Networks, the technical conduct of the draw or the distribution of Prizes. The Organiser is always responsible to the Participant for compliance with the Rules.
If Prizes are provided by a Partner, the Special Terms shall state its business name or name, registered office or place of business and identification and registration details under the law of the state in which the Partner is registered, if such details have been assigned to it. The Partner is not an organiser of the Competition. The Participant shall assert claims under the Rules against the Organiser; the Special Terms may specify that the Winner shall assert claims arising from defects of the Prize against the Partner, if permitted by the applicable legislation.

Article IV

Participant

A Participant may be a natural person who meets all of the following conditions:
1. has reached 16 years of age as of the date of making the Entry, unless the Special Terms specify a different minimum age limit;
2. has their habitual residence, as of the date of making the Entry, in a state that forms part of the Territory, unless the Special Terms specify that the Competition is also open to persons with habitual residence in other states;
3. meets the condition of being a consumer, if the Competition is intended exclusively for consumers under the Special Terms;
4. is not a person excluded pursuant to paragraph 4 of this Article; and
5. has made an Entry in the manner and within the Duration specified in the Special Terms.
If the Special Terms specify that the Competition is intended exclusively for consumers, a Participant may only be a natural person who, when making an Entry, acts for purposes unrelated to their business activity or independent profession, or who otherwise meets the definition of a consumer under the legislation applicable to their relationship with the Organiser.
A minor Participant may take part in the Competition to the extent to which they have the capacity to independently perform legal acts related to the Entry and participation in the Competition under the legal order which, under the relevant conflict-of-law rules, applies to their legal capacity; in the Slovak Republic pursuant to § 9 of the Civil Code. If the nature or value of the Prize, the method of its handover or the applicable legislation require the consent of the Legal Representative, the Organiser is entitled to make the handover of the Prize conditional on the submission of such consent. The Organiser is also entitled to request the consent of the Legal Representative if so specified in the Special Terms. The consent of the Legal Representative is given by e-mail from the e-mail address of the Legal Representative or in paper form and contains the first name and surname of the Legal Representative and of the minor Participant and the designation of the Competition. A Prize for which the consent of the Legal Representative is required shall be collected by the Legal Representative or by the minor Participant with the consent of the Legal Representative, or in their presence, if required by the nature of the Prize or the applicable legislation.
The following are excluded from the Competition:
1. employees and members of the bodies of the Organiser and the Partner;
2. persons involved in the preparation or implementation of the Competition, including employees and members of the bodies of persons entrusted pursuant to Article III(2) of these General Terms; and
3. Close Persons of the persons referred to in letters a) and b) of this paragraph.
If the Competition takes place on a Social Network or in another channel that may also be used by persons who have not reached the age under paragraph 1 letter a) of this Article, such a person does not become a Participant by making an Entry, and the Organiser shall not use their Competition Submission or include them in the determination of the Winners. If the Organiser discovers non-fulfilment of the age requirement after the Winner Determination Day, that person’s entitlement to the Prize lapses and the procedure under Article IX(4) of these General Terms shall apply; if the Prize has already been handed over, the procedure under Article X(2) of these General Terms shall apply.
Each person may enter one Competition only once, unless the Special Terms provide otherwise. If the Special Terms allow multiple Entries, they shall also specify the maximum number of Entries per person and any further conditions. Multiple Entry also includes an Entry by the same person via several e-mail addresses, customer accounts, Local Platforms or Social Network profiles, as well as via another person, if the Participant thereby circumvents the limit on the number of Entries or repeatedly enters the same Competition in different Territories. Unless the Special Terms provide otherwise, a Participant’s Entry shall be assigned to the Territory associated with the channel through which they made their first valid Entry. The Organiser is entitled not to include further Entries of the same person in the Competition or to exclude the Participant pursuant to Article X of these General Terms.
The Organiser shall make the Rules available to the Participant before the Entry is made. By making an Entry, the Participant confirms that they have read the Rules, meet the conditions of participation and agree that the Competition and their participation in it are governed by the Rules. If the technical capabilities of the channel allow, the Organiser may require confirmation of having read the Rules by ticking the relevant box or by confirming participation in the Competition. If such a method is not technically available, confirmation takes place by performing the act designated for the Entry after the Rules have been made available. This is without prejudice to the need to grant separate consent if required under the applicable legislation for another purpose, in particular for sending marketing communications.
The Participant is responsible for the accuracy and currency of the data provided when making the Entry and when collecting the Prize. Before handing over the Prize, the Organiser is entitled to request the Winner to prove that they meet the conditions of participation, by means of a solemn declaration sent by e-mail, by presenting an identity document for inspection upon personal collection of the Prize without making a copy of it, or by another method specified in the request that does not require more data than is necessary for such proof. The Organiser shall specify the time limit for providing proof in the request, which may not be shorter than 7 days from the date the request is sent. If the Winner fails to prove that the conditions are met within this time limit, their entitlement to the Prize lapses and the procedure under Article IX(4) of these General Terms shall apply.

Article V

Entry into the Competition

The method of Entry and the Duration are specified in the Special Terms. An Entry may consist in particular of one of the following acts or facts or a combination thereof:
1. subscribing to the Newsletter or maintaining a Newsletter subscription as of the Decisive Moment;
2. creating and sending to the Organiser, or publishing, a Competition Submission;
3. an interaction on a Social Network, in particular a comment, an answer to a competition question, tagging a post, following the Organiser’s profile or sharing a post, only to the extent that the relevant form of interaction is permitted by the Social Network operator’s terms for promotions;
4. a purchase of specified goods or services of the Organiser within the Duration and proof of that purchase;
5. completing and submitting a form, registering or scanning a code;
6. visiting an Organiser’s store or attending an Organiser’s event and completing a task specified on site; or
7. another act or fact specified in the Special Terms.
An Entry is made at the moment when the Participant performs the act specified in the Special Terms in the manner and within the Duration specified for the given Competition. If making an Entry requires it to be recorded in the system of the Organiser or of a person entrusted pursuant to Article III(2) of these General Terms, the Organiser shall assess the timeliness of the Entry according to the time at which the Participant performed the relevant act, if its performance can be objectively proven. The Organiser shall not include an Entry made after the expiry of the Duration.
If the Entry consists of subscribing to the Newsletter or maintaining a subscription, the following applies:
1. if subscribing to the Newsletter or maintaining a subscription is a condition of participation in the Competition, the Participant must meet this condition at the Decisive Moment;
2. if the Participant withdraws consent to receiving the Newsletter or unsubscribes from it before the Decisive Moment, they cease to meet the condition of participation in the Competition and will not be included among the Participants from whom the Winners are determined;
3. unsubscribing from the Newsletter or withdrawing consent after the Decisive Moment has no effect on participation in the Competition or on any entitlement to a Prize that has arisen for the Participant;
4. consent to receiving the Newsletter may be withdrawn at any time in the manner stated in the delivered Newsletter or in another manner specified by the Organiser. Withdrawal of consent does not affect the lawfulness of the processing of personal data before its withdrawal.
If the Entry consists of a purchase, the Participant shall keep the proof of purchase until the Prize is handed over and shall present it at the Organiser’s request within the time limit under Article IV(8) of these General Terms. If the Participant withdraws from the purchase contract or otherwise cancels it before the Decisive Moment, the Entry condition is not met and the Participant shall not be included in the determination of the Winners; withdrawal after the Decisive Moment has no effect on the entitlement to the Prize. The consumer’s right to withdraw from the contract is not affected by the Rules.
If the Winner or the ranking of Participants is also determined by a public vote, the Organiser shall not count votes obtained in breach of the Rules or of the Social Network operator’s terms, in particular votes from fake or duplicate profiles, votes from automated tools and votes obtained for consideration. The Organiser is entitled to exclude a Participant in whose favour such votes were obtained with their knowledge pursuant to Article X of these General Terms.
The Organiser is not liable for an Entry not being made or being made incompletely for reasons not attributable to the Organiser, in particular due to an outage or unavailability of the internet connection, the Social Network or the e-mail service used by the person, due to the settings of their device or due to the Organiser’s message being classified as spam.
Receiving the Newsletter is not automatically part of participation in the Competition. The Organiser sends the Newsletter in accordance with the applicable legislation governing electronic communications and the protection of personal data, on a legal basis permitting it to be sent under the legislation applicable in the relevant country. If the Competition is intended exclusively for Newsletter subscribers, this fact must be stated in the Special Terms. Participation in the Competition and consent to receiving the Newsletter are assessed separately, unless the Special Terms of a specific Competition expressly state that subscription to the Newsletter is a condition of participation.

Article VI

Competition Submissions

By sending or publishing a Competition Submission, the Participant declares that:
1. they created the Competition Submission themselves or hold rights to it to the extent necessary for its use under the Rules;
2. the Competition Submission does not infringe the rights of third parties, in particular copyright, trademark rights, the right to the protection of personality and the right to the protection of personal data;
3. if the Competition Submission captures the likeness, voice or other expression of a personal nature of another person, they have that person’s consent to its use under the Rules, and if that person has not reached 18 years of age, they have the consent of that person’s legal representative;
4. the Competition Submission is not contrary to legislation, good morals or the terms of the Social Network operator and does not contain vulgar, offensive, discriminatory, violent, sexually explicit or otherwise inappropriate content or promotion of a third party or its products or services.
By sending or publishing a Competition Submission, the Participant grants the Organiser consent to use the Competition Submission (a licence) under the following conditions:
1. free of charge and on a non-exclusive basis;
2. without territorial restriction;
3. for the duration of the economic copyrights to the Competition Submission under the legislation applicable to its protection; if the applicable legislation does not permit a licence to be granted for the entire duration of those rights or requires a shorter time limit, the licence is granted for the longest period permitted by that legislation;
4. for the purposes of organising, conducting, evaluating, documenting and promoting the Competition, presenting its results and promoting the Organiser, its brand, goods and services in direct connection with the Competition;
5. for methods of use including in particular reproduction, adaptation, combination with other content, public distribution and public transmission of the Competition Submission, as well as making it available to the public via Local Platforms, the Organiser’s websites, the Newsletter, the Organiser’s profiles on Social Networks and other communication and promotional channels of the Organiser;
6. including the right to make technical and content modifications to the Competition Submission necessary for its use under this paragraph, in particular to change its format, resolution or size, to crop it, to add a designation of the Competition or the Organiser or to arrange for its translation, provided that this does not change its content or meaning;
7. including the right to grant a sublicence to persons entrusted pursuant to Article III(2) of these General Terms, to the extent necessary for conducting the Competition and using the Competition Submission under this paragraph.
The Organiser is not obliged to use the Competition Submission. If the Competition Submission captures the likeness, voice or other expression of a personal nature of the Participant, the Participant grants the Organiser consent to their use to the extent and for the purposes set out in paragraph 2 of this Article, to the extent that such consent is required under the applicable legislation; where Slovak law applies, in particular pursuant to § 12 of the Civil Code. This is without prejudice to the rights of the Participant or another person that cannot be waived under the applicable legislation.
The Organiser is entitled not to include in the Competition a Competition Submission that does not meet the requirements under paragraph 1 of this Article, to remove it from the Competition or to remove it from a Local Platform or the Organiser’s profile on a Social Network.

Article VII

Prizes

The type and number of Prizes are specified by the Organiser in the Special Terms. The Organiser may also state the value or indicative value of the Prizes in the Special Terms. The Prize is provided by the Organiser or the Partner.
The description of the Prize in the Special Terms defines its basic nature and essential characteristics. The Organiser is not obliged to provide a complete product, technical or other specification of the Prize, unless this is necessary for its sufficient identification and the definition of its essential characteristics.
Depictions of the Prize in the Special Terms or in promotional materials are for illustrative purposes only. The actual design of the Prize may differ from its depiction or description in non-essential details, in particular as regards colour, design or packaging, provided that such deviation does not change its nature, purpose, main characteristics, functionality or completeness and does not substantially reduce its value.
The right to a Prize is personal and may not be transferred or assigned to another person. This is without prejudice to the possibility of the Prize being collected by another person on the basis of a power of attorney granted by the Winner.
The Winner is not entitled to demand a cash payment instead of the Prize or its exchange for another Prize.
The Winner is not entitled to demand a Prize of a different type, higher value or different design than follows from its definition in the Special Terms. This is without prejudice to the provisions on permissible deviations in the design of the Prize or on the provision of a substitute Prize under these General Terms.
If the Organiser is unable, for objective reasons, to provide the originally specified Prize, it is entitled to provide the Winner with another Prize of a similar nature and of at least equal value.
If the Prize is a Voucher, the following applies:
1. the Voucher may be redeemed under the conditions specified in the Special Terms and in the redemption conditions set by the issuer of the Voucher or by the person with whom the Voucher can be redeemed, if they are different persons. The purchase of goods or services for which the Voucher is redeemed is also subject to the relevant terms and conditions of the Organiser or the Partner;
2. the Voucher cannot be exchanged for cash;
3. if the value of the purchase does not reach the value of the Voucher, the difference shall not be paid out; if it exceeds it, the Winner shall pay the difference;
4. upon expiry of the Voucher’s validity period, the right to redeem it lapses without compensation.
The risk of damage to the Prize passes to the Winner upon collection of the Prize. The Organiser shall notify the Winner of any defects of the Prize of which it is aware no later than upon its handover. Rights arising from defects of the Prize are governed by general legislation and are asserted against the Organiser, or against the Partner if so specified in the Special Terms pursuant to Article III(3) of these General Terms. This is without prejudice to the rights of the Winner that cannot be waived or limited by agreement under the applicable legislation.

Article VIII

Taxes and Fees

Tax obligations related to the Prize are governed by the legislation applicable to the Organiser and the Winner, in particular the legislation of the state of the Winner’s tax residence, the legislation of the state in which the Prize constitutes taxable income, and the relevant double taxation treaties. Paragraphs 2 to 5 of this Article apply to the extent that the legislation of the Slovak Republic applies to the Organiser or the Winner.
A prize or award from an advertising competition, a draw or a public competition whose value does not exceed 350,00 EUR is exempt from income tax pursuant to § 9(2)(m) of the Income Tax Act. If the value of the Prize exceeds 350,00 EUR, only the part exceeding that amount is subject to taxation.
A monetary Prize that is subject to taxation under Slovak legislation shall be taxed by the Organiser by withholding tax upon its payment pursuant to § 43 of the Income Tax Act, if the applicable legislation imposes such an obligation on it. The Organiser shall pay the Winner the amount reduced by the withheld tax. By withholding the tax, the Winner’s tax liability arising from that Prize is settled to the extent laid down in the Income Tax Act.
The Winner is obliged to declare a non-monetary Prize that is subject to taxation in their income tax return for the tax period in which they received it, in the amount exceeding the exempt amount; this income may also be subject to the obligation to pay public health insurance contributions. The Organiser shall notify the Winner of the value of the non-monetary Prize no later than upon its handover (§ 8(10) of the Income Tax Act), the value of the Prize being the acquisition price or the own costs of the Organiser or the Partner, including value added tax.
The tax obligations of a minor Winner shall be fulfilled by the Legal Representative to the extent that the applicable legislation imposes such an obligation on them.
If the Winner is a tax resident of another state or if the Prize is subject to taxation under the legislation of another state, the Winner is obliged to assess and fulfil their tax obligations under the applicable legislation and any double taxation treaties. The Organiser shall fulfil the tax, reporting and withholding obligations imposed on it in connection with the Competition or the Prize by the legislation applicable to its activities. If the Organiser is obliged to withhold or pay tax on the Prize, it shall proceed in accordance with the applicable legislation. In such a case, the Prize shall be handed over or paid out after the statutory deductions have been made, unless the Special Terms specify that the relevant tax is borne by the Organiser, where such a procedure is permissible.
The information set out in this Article is of a general and informative nature and may not take into account all tax consequences associated with receiving the Prize or the Winner’s individual tax situation. The Winner is obliged to assess and fulfil their tax and related reporting obligations under the legislation applicable to them. Where necessary, the Winner is obliged to obtain professional tax advice. This is without prejudice to the tax, reporting or other obligations of the Organiser arising from the applicable legislation.

Article IX

Determination of Winners, Prize Notification and Handover of the Prize

The Winner is determined on the Winner Determination Day by one of the following methods or a combination thereof:
1. by a draw, i.e. a random selection from among the Participants who meet the conditions of participation at the Decisive Moment;
2. by the evaluation of Competition Submissions by the Committee according to the criteria specified in the Special Terms;
3. by a public vote pursuant to Article V(5) of these General Terms;
4. by another objective method specified in the Special Terms that takes into account the nature and mechanism of the Competition.
The draw shall be carried out by the Organiser or a person authorised by it, either electronically by means of a random selection tool or manually in a manner ensuring the randomness of the selection. The draw need not be public. If the legislation applicable to the Competition requires the participation of a notary, an official or another special procedure, the Organiser shall ensure compliance therewith. If the draw cannot be carried out on the specified day for technical or operational reasons, the Organiser shall carry it out within 5 working days from the day on which those reasons ceased to exist; that day shall be the Winner Determination Day. The Organiser shall make a record of the determination of the Winners.
The Committee decides by a majority of the votes of all its members. The Committee’s evaluation is final and the Participant is not entitled to its review. The Organiser shall make a record of the determination of the Winners.
If the Special Terms so allow, the Organiser shall also determine Substitutes in a specified order on the Winner Determination Day. If a Winner’s entitlement to the Prize lapses or the Winner is excluded pursuant to Article X of these General Terms, the Prize shall pass to the next Substitute in order and the Organiser shall send them the Prize Notification within 10 working days from the day on which the Winner’s entitlement lapsed. If no Substitute has been determined or the entitlement of the last Substitute also lapses, the Organiser shall not award the Prize. The Organiser is entitled to use a Prize that has not been awarded in another Competition.
The Organiser shall notify the Winner of the Prize within 10 working days from the Winner Determination Day, via the contact details that the Participant used or provided when making the Entry, or via the communication channel through which the Participant entered the Competition.
The Organiser is also entitled to announce the Winner by publishing their username or tagging their profile on the relevant Social Network, in particular in a comment under the competition post, in a separate post or in a story (Stories), if the technical capabilities of the relevant Social Network allow this. If the Winner is announced by public posting on a Social Network, the Organiser shall at the same time ask them to contact it via a private message or another designated communication channel in order to verify the entitlement to the Prize and arrange its collection. The Organiser is entitled to choose the method of notification according to the nature of the Competition, the available contact details and the technical capabilities of the relevant communication channel.
If the Prize Notification is sent individually by e-mail or via an account on a Social Network or another communication platform, it shall be deemed delivered at the moment it is sent, unless an automatic non-delivery notification is returned to the Organiser or the sending system or communication platform marks the message as unsent, undelivered or erroneous. The Organiser is not obliged to prove that the Winner opened the message or became acquainted with its content.
If the Organiser announces the Winner by public posting pursuant to paragraph 6 of this Article and it is not possible to send an individual notification, the Prize Notification shall be deemed made on the day of publication, provided that this method of notification was made available to the Participant before the Entry and is permissible under the applicable legislation. If the Winner does not respond or cannot be contacted, the Organiser is entitled to proceed in accordance with the provisions of these General Terms governing the determination of a Substitute or the further procedure where a Prize is not collected.
The Organiser is not obliged to individually inform Participants who were not determined as Winners of the result of the Competition. The Organiser is entitled to publish information about the Winner, in particular their first name and the initial letter of their surname, the municipality or town of residence, or their username on a Social Network, to the extent appropriate to the purpose of publication and in accordance with Article XII of these General Terms. The Organiser shall contact a Substitute only if the Prize passes to them pursuant to paragraph 4 of this Article.
The Winner shall confirm to the Organiser the acceptance of the Prize and provide it with the data necessary for its handover, in particular first name, surname, delivery address or e-mail address and, in the case of a minor Winner, where applicable, the consent of the Legal Representative pursuant to Article IV(3) of these General Terms, within 14 days from the day of delivery of the Prize Notification, by replying to the Prize Notification or in the manner specified in the Prize Notification. If the Winner does not confirm acceptance of the Prize within this time limit, refuses the Prize or does not provide the requested data, their entitlement to the Prize lapses and the procedure under paragraph 4 of this Article shall apply. The Special Terms may specify that confirmation of acceptance of the Prize is not required.
The Organiser shall hand over the Prize within 30 days from the day on which the Winner fulfilled the obligations under paragraph 10 of this Article and under Article IV(8) of these General Terms. The method of handover of the Prize is determined by the Organiser, taking into account the nature of the Prize and the possibilities of its handover; the Prize may be handed over in particular:
1. electronically by sending it to the Winner’s e-mail address;
2. by sending it by post or courier to the Winner’s address in a state that forms part of the Territory; or
3. in person at an Organiser’s store or at a place specified in the Special Terms.
The costs of standard delivery of the Prize to an address within the Territory shall be borne by the Organiser. Delivery to an address outside the Territory is possible on the basis of an agreement between the Organiser and the Winner, whereby the conditions and any additional costs of such delivery shall be agreed in advance. If the Winner refuses to accept the consignment, fails to collect it within the specified collection period, provides an incorrect or incomplete delivery address or fails to provide the necessary cooperation for its delivery or collection, the entitlement to the Prize lapses without any right to compensation. The Organiser is not obliged to arrange repeated delivery or make a further attempt to hand over the Prize. The entitlement to the Prize likewise lapses if the Winner refuses to accept the Prize.

Article X

Exclusion from the Competition

The Organiser is entitled to exclude from the Competition a Participant who:
1. does not meet the conditions of participation under Article IV of these General Terms or under the Special Terms;
2. has breached the Rules;
3. has influenced or attempted to influence the course or result of the Competition in a dishonest manner, in particular by using automated tools, fake or duplicate profiles, multiple Entries under Article IV(6) of these General Terms or manipulation of voting; or
4. in connection with the Competition acts contrary to good morals, infringes the rights of third parties or acts in a manner that seriously disrupts the proper course of the Competition or damages the reputation of the Organiser or the Partner.
If the Organiser discovers a reason for excluding a Winner only after the Prize has been handed over, it is entitled to demand the return of the Prize, if this is justified in view of the nature of the reason for exclusion and the circumstances of the specific case and if there is a legal claim to it. If the return of the Prize is not possible, the Organiser is entitled to demand compensation for its value to the extent and under the conditions laid down by the applicable legislation. This is without prejudice to the Organiser’s right to assert further claims arising from legislation.
The exclusion of a Participant from the Competition is decided by the Organiser. The Organiser is not obliged to individually notify the Participant of their exclusion or of the reasons for exclusion.

Article XI

Liability and Social Networks

The Participant bears their own costs associated with the Entry, participation in the Competition, and the collection and use of the Prize. The Organiser shall not reimburse these costs to the Participant unless it has agreed in advance to pay them or unless an obligation to reimburse them arises from the applicable legislation.
The Organiser is not liable for the failure, interruption, delay or impossibility of Entry into the Competition, or for other consequences caused by circumstances beyond its reasonable control, in particular an outage or unavailability of the internet connection, a Social Network, an e-mail service, a communication platform or another third-party service, a technical failure of the Participant’s device or system, unauthorised interference by a third party or a measure taken by the service operator. The Organiser does not guarantee the uninterrupted or error-free availability of technical systems or third-party services used in connection with the Competition.
The Participant is responsible for the functionality and settings of their device, internet connection and user accounts, as well as for the accuracy and currency of the data provided to the Organiser. The Organiser is not liable for consequences arising from incorrect, incomplete or outdated data provided by the Participant, or for the non-delivery of the Prize Notification for reasons attributable to the Participant pursuant to Article IV(8) and Article IX of these General Terms.
If the Competition is conducted via a Social Network, it is not sponsored, endorsed, organised or administered by, or otherwise associated with, its operator. The Organiser is the sole organiser of the Competition and the operator of the Social Network is not involved in its organisation or in the provision of Prizes. The processing of personal data by the operator of the Social Network is governed by its own terms and privacy policy.
When making an Entry via a Social Network, the Participant is obliged to comply with the terms of its operator and other rules applicable to the use of the relevant Social Network. The Organiser is not liable for the removal of a Competition Submission, the restriction or blocking of a user account or other measures taken by the operator of the Social Network against the Participant, unless caused by an act or omission of the Organiser.

Article XII

Personal Data Protection

The processing of personal data of Participants, Winners and other data subjects in connection with the Competition is governed by the Organiser’s Privacy Policy available at this link.

Article XIII

Amendment of the Rules, Suspension and Termination of the Competition

The Organiser is entitled to amend the Rules, suspend, shorten, extend or terminate the Competition early for objective and justified reasons, in particular in the event of:

a change in or adoption of legislation or a decision of a competent authority affecting the organisation or course of the Competition;
a change in the terms or a restriction of the provision of services by the operator of the Social Network or another platform through which the Competition is conducted;
technical or operational obstacles that make the proper course of the Competition impossible or substantially more difficult;
the discovery of fraud, manipulation or other abuse of the Competition, or a reasonable suspicion of such conduct;
force majeure or other extraordinary circumstances that the Organiser could not reasonably foresee when announcing the Competition or reasonably prevent the consequences of;
the unavailability of the Prize or the impossibility of ensuring its provision, even by means of an appropriate substitute Prize.

In the case of a Competition announced for an indefinite period, the Organiser is also entitled to terminate the Competition for business or operational reasons. It shall announce the termination at least 14 days before the day on which it takes effect, unless serious circumstances prevent this.
During a suspension of the Competition, the Organiser may suspend the acceptance of further Entries. Entries made before the suspension remain valid, unless the Organiser determines a different procedure in view of the reason for the suspension or the applicable legislation. When announcing the suspension, the Organiser shall state its expected duration and information on the further course of the Competition, where possible. If the Competition resumes after the suspension, the Organiser shall announce the date of resumption and any adjustments to its further course.
If the Organiser shortens or terminates the Competition early, no new Entries shall be accepted from the day on which the shortening or termination takes effect. Valid Entries made before that day remain valid and the Organiser shall take them into account when determining the Winners under the Rules. If the continuation of the Competition or the determination of the Winners is not possible, the Organiser shall determine the further procedure, taking into account the reason for the termination and the rights that have arisen for the Participants under the Rules and the applicable legislation.
The Organiser shall amend, suspend or terminate the Competition only to the extent necessary to achieve the relevant purpose and may not thereby interfere with the rights and claims of Winners that arose before such amendment or termination took effect. This is without prejudice to the rights of Participants arising from the mandatory provisions of the applicable legislation.
The Organiser shall announce an amendment of the Rules or the suspension, shortening, extension or termination of the Competition in the same manner in which the Special Terms were published, or in another equally effective manner. The announcement shall contain information about the amendment or measure taken, its reason and effective date, as well as about the further procedure in the Competition, if necessary in view of the circumstances. An amendment of the Rules takes effect on the day of its publication, unless the Organiser specifies a later effective date. If the circumstances require immediate action, the Organiser shall announce the relevant amendment or measure without undue delay.

Article XIV

Complaints and Supervision

The Participant may send questions, suggestions, complaints and requests for remedy concerning the Competition to the Organiser via the contact details stated in Article III(1) of these General Terms. Objections to the course or result of the determination of the Winners may be raised within 30 days from the Winner Determination Day. The Organiser is not obliged to make the list of Participants or Winners available to Participants or third parties; upon request, it shall confirm to a Participant whether they have been determined as a Winner.
Information on the options for out-of-court resolution of consumer disputes and on the competent supervisory authorities in individual states is set out in the General Terms and Conditions of the relevant Local Platform, available at https://www.muziker.sk/vseobecne-obchodne-podmienky

Article XV

Final Provisions

The Rules and the legal relations arising from participation in the Competition are governed by the law of the Slovak Republic. If the Participant is a consumer with habitual residence in another state and, under the relevant conflict-of-law rules, the law of that state would apply to the legal relationship in the absence of a choice of Slovak law, the choice of Slovak law shall not deprive the Participant of the protection afforded to them by the provisions of that law that cannot be derogated from by agreement. This is without prejudice to the application of provisions that, under the applicable legislation, apply irrespective of the governing law.
The Organiser is not obliged to organise the Competition in all states in which it operates Local Platforms, or to allow Entry into the Competition via every Local Platform. The Competition may be intended for only 1 or several states, even if the Organiser operates Local Platforms or provides its services in other states as well. The mere existence of a Local Platform for a certain state does not mean that every Competition of the Organiser takes place in that state. The Organiser shall specify the states for which the Competition is intended in the Special Terms, in the Competition Announcement or via the channel through which the Entry is made. If a person enters via a Local Platform intended for a specific state, their Entry shall be assigned to the market of that state pursuant to Article II(1)(w) of these General Terms, unless the Organiser specifies otherwise. The Organiser may technically restrict the availability of the Competition to selected Local Platforms or states and prevent Entry from other states. If the legislation applicable to the organisation of the Competition in any state requires special conditions of participation, a permit, a notification, the participation of an official or another special procedure, the Organiser shall ensure compliance with those requirements and adjust the Rules as necessary. If these obligations must be fulfilled before the start of the Competition, the Organiser shall fulfil them before announcing it.
The Rules may be published in one or more language versions. The language version of the Rules that was made available to the Participant before the Entry via the Local Platform or another communication channel through which they enter the Competition is decisive for the Participant. If more than one language version is made available to the Participant before the Entry, the version chosen by the Participant is decisive or, if they have not chosen one, the version in which the Special Terms were published.
If any provision of the Rules is or becomes invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions; the invalid provision shall be replaced by the provision of legislation that comes closest to it in its purpose.
These General Terms take effect on 6.11.2026 and apply to Competitions announced from the date on which they take effect.

In Bratislava on 6.11.2026

MUZIKER, a.s.

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