Statute of the contest on the HB Reavis Instagram account
The purpose of these Statute is to lay down the rules of the contest on the HB Reavis Instagram account (https://www.instagram.com/hbreavis/) as described in more detail below (hereinafter referred to as the “Contest”). These Statute, including the information provided in a Contest post pursuant to Article II (2) hereof, constitute the only document that sets forth the mandatory rules of the Contest so that the conditions of the Contest are defined precisely and comprehensibly.
I. Contest Announcer
1) The announcer and organiser of the Contest is HB Reavis Group s.r.o., a limited liability company, having its registered office at Mlynské nivy 16, 821 09 Bratislava, Slovak Republic, ID No.: 50 588 427, incorporated in the Commercia Register kept by the District Court Bratislava I, Section Sa, Insert No. 115257/B (hereinafter referred to as the “Contest Announcer”).
2) The Contest is not sponsored, authorised, administered by or associated with Instagram in any manner.
3) By taking part in the Contest, the contestant confirms that he/she is aware that Instagram has no obligations towards him/her in connection with the Contest.
II. Purpose of the Contest
1) The purpose of the Contest is to promote and publicise the account and services of the Contest Announcer on the social network Instagram.
2) The Contest is announced and published in the text of the Contest post (“Contest Post”) on the Instagram of the Contest Announcer “HB Reavis”, namely in the following post:
Win a head torches!
3) The Contest is not a gambling game within the meaning of Act No. 30/2019 Coll. on Gambling as amended. The Contest is a game within the meaning of Section 845 (1) of Act No. 40/1964 Coll., the Civil Code, as amended, which Contest Announcer organises under the conditions and according to the rules expressed in these statutes.
III. Duration of the Contest
1) The duration of the Contest is from 25.08 2022 until 02.09 2022
IV. Persons Authorised to Participate in the Contest
1) The Contest takes place in the Member States of the European Union.
2) Any person with an account on Instagram who has attained the age of 18 and meets the conditions for participation in the Contest under Article V of these Statute (hereinafter referred to as the “Contestant”) can participate in the Contest.
3) Excluded from the Contest are employees of the Contest Announcer, employees of related persons of the Contest Announcer according to the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended (hereinafter referred to as the “Commercial Code”), as well as their close persons within the meaning of Section 116 of the Civil Code.
V. Contest Procedure
1) A Contestant can take part in the Contest by:
a) following Instagram account @hbreavis (https://www.instagram.com/hbreavis/)
b) Tell us something funny/typical/habitual/slightly odd that one of your colleagues regularly does, tag them in your comments (if you dare) – and you could win a headtorch.
2) Each Contestant may take part in the Contest only once.
3) Each Contestant that meets the conditions of the Contest during the Contest as set forth herein will be included in a prize draw.
4) The total number of winners drawn by the Contest Announcer are three winners.
5) Method of selecting the winners from among the Contestants: out of all the Contestants, three winners will be drawn under the supervision of two employees of the Contest Announcer at his seat three days after the end of the Contest (on 05. 09. 2022).
VI. Prize and Handover
1) The prizes for winners of the Contest are: 3x Head Torch – Petzl iko core
2) Contest winners will be notified of having won a prize not later than one working day after the draw day by the Contest Announcer by inserting a comment under the Contest Post and will also be requested to contact the Contest Announcer on the HB Reavis Instagram account through a private Instagram message. If any of the Contest winner does not confirm the prize within 48 hours after being notified of having won the prize according to the previous sentence or rejects the prize, the Contest Announcer may draw a substitute winner of the Contest within the particular Contest Post during the following two working days; such substitute winner being notified of having won the prize and the prize being handed over to him/her as described above.
3) The Contest Announcer will notify the exact manner of handing over the prize to the winner via a private Instagram message.
4) The Contest Announcer will send the prizes to the respective winner not later than 30 days after the Contest each of the winners provides his/her complete contact data to the Contest Announcer according to point 2 of this article.
5) If the Contest any of the winners does not take delivery of a consignment containing the prize even within an additional collection period determined by the post office, such Contest winner shall forfeit the right to receive the prize, and the prize will be forfeited in favour of the Contest Announcer without the respective Contest winner being entitled to any compensation from the Contest Announcer.
6) A Contestant does not have any legal claim for a prize and it cannot be enforced by legal means. The results of the Contest are final; in the event of any dispute concerning the Contest, the Contest Announcer’s notification of the Contest results will be final and binding. The Contestants acknowledge that they may not demand a prize of greater value or larger quantity than point 1 of this Article stipulates. The Contestants also acknowledge that it is not allowed to exchange the prize for cash or to require a prize other than the prize determined by the Contest Announcer herein.
VII. Special Provisions
1) If it is proved that the Contest winner within the particular Contest Post is an employee of the Contest Announcer or an employee of its related party or their close person, then such person shall not become entitled to the prize, the prize will not be handed over and will be forfeited in favour of the Contest Announcer.
2) In the case of a reasonable suspicion of any fraud, abuse or error regarding the proper organisation of the Contest, the Contest Announcer reserves the right to terminate or suspend the Contest, change the conditions of the Contest, declare null and void the prize notification published on the HB Reavis Instagram account or sent to the Contest winner, or exclude those Contestants from the Contest who are taking part in the Contest in violation of good morals without notice and any compensation.
3) The Contest Announcer is not liable for the Contest winner having stated in his/her contact data an incorrect address where to send the prize. Neither is the Contest Announcer liable for any other reasons due to which the Contest winner has not received the prize, except for reasons on the part of the Contest Announcer.
4) Prizes exceeding the value stipulated by the applicable law are subject to income tax under Act No. 595/2003 Coll. on Income Tax, as amended, or under another similar law valid and effective in the country of which the winner is a national, and the Contest Announcer is not liable for the Contest winner meeting his/her tax liability. The Contest Announcer would also like to point out that it is not excluded that the Contest winner may also have to fulfil other obligations under specific legislation, for example under the relevant health insurance or social security legislation.
5) The Contest Announcer shall not reimburse the Contestants for any costs they incur in connection with their participation in the Contest. The Contest Announcer is not liable for any errors, damage or losses associated with delivering the prize to the Contest winner. The Contest winner may not transfer the prize to another person, except with the consent of the Contest Announcer. The Contest Announcer is not liable for any damage incurred due to incorrect data provided by the Contestant, or in connection with the latter’s failing to claim or collect the prize or giving up or rejecting the prize. The Contest Announcer is not liable for any prize defects or any damage incurred in connection with the use of the prizes.
6) By taking part in the Contest, each Contestant accepts the Contest rules set out herein, and agrees that the Contest Announcer may publish the name and surname of the winner posted on Instagram in the media without the Contestant’s claim for any remuneration.
7) The Contest Announcer reserves the right to change the Contest conditions or rules or terminate the Contest early at any time without prior notice, with such changes to the Contest conditions or rules or early termination of the Contest having to be immediately published on the HB Reavis Instagram account (https://www.instagram.com/hbreavis/).
8) The Contest Announcer reserves the right to change the terms and conditions or rules of the Contest or to terminate the Contest prematurely at any time without prior notice, whereby the said change in the terms and conditions or rules or premature termination of the Contest must be published on the Instagram account or website without delay.
9) The text of a comment shall not be (i) contrary to law or good morals, (ii) defamatory, abusive, mocking, vulgar, derogatory, (iii) harmful to the Contest Announcer or its affiliates, (iv) harmful to the interests of third parties, and (v) contrary to the legitimate interests of the Contest Announcer or its affiliates. In the event that the text of the comment violates the terms of the preceding sentence, the Contest Announcer will disqualify the Participant from the Contest. the Contest Announcer is under no obligation to inform the Participant of his/her exclusion and the decision is at the sole discretion of the Contest Announcer.
10) The Contest has no affiliation with Instagram and is in no way sponsored, supported or organized by Instagram. Instagram is not the recipient of the data provided by the entrant, but the Contest Announcer. Participants release Instagram from any liability that may arise in connection with the operation of this Contest. Any questions, comments or complaints regarding this Contest will not be directed to Instagram but directly to the Contest Announcer.
11) The Contest Announcer reserves the right to entrust any third party, in particular the company, with the organizational and technical support of the entire Contest.
12) The Contestant declares that he/she has obtained the consent of the other person who will be tagged by the Contestant in the comment. In the event of a breach of this obligation, the entrant promises to indemnify the Contest Announcer for all damages and costs incurred.
VIII. Personal Data Protection
1) In case you provide your personal data, we as the controller (the Contest Announcer) would like to inform you about the processing of your personal data and about your rights related to this processing.
The legal basis for the processing of personal data in connection with participation in the Contest is Article 6(1) (b) of 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 (“GDPR”), and therefore this processing is necessary for the performance of the contract (in connection with participation in the Contest).
At the same time, we would like to inform you that the Contest Announcer is entitled to continue to use the personal data collected in connection with participation in the Contest for marketing and for the purpose of promoting its events and services, improving its brand and reputation, without any remuneration from you, on the basis of its legitimate interests within the meaning of Article 6(1) (f) of the GDPR.
2) What is our purpose for processing your personal data?
Your personal data is used for the purpose of ensuring the running of the Contest and to protect and enforce the rights and interests arising from our relationship. This purpose includes in particular the following processing operations:
a) effective communication in connection with the running of the Contest;
b) ensuring the resolution of your complaint or claim;
c) ensuring the proper conduct of the Contest;
d) the performance of our obligations and the exercise of our rights under any contract between you and us;
e) sending you notices regarding changes;
f) facilitating the establishment of business relationships in the future;
g) communication and verification of your identity;
h) other matters necessary to ensure the running of the Contest;
i) marketing communications – reaching out to the participants of the Contest with various offers.
Participation in the Contest is only possible if we process your personal data. Otherwise, you cannot participate in the Contest.
3) What personal data do we process?
Name, surname, address, email, social media profile, mobile number
4) How long do we keep your personal data?
If the processing of personal data is necessary for the performance of the Contract (participation in the Contest), your personal data will be processed until the end of the Contract (Contest) and until the expiry of the period for the exercise of claims arising from the Contract (Contest).
In the case of the processing of personal data for marketing purposes, your personal data will be processed for one year from the end of the Contract (Contest).
This is without prejudice to the specific processing of personal data when using the app, which is governed by the terms and conditions of the termination of the Contest.
5) Who do we share your personal data with?
In order to ensure the execution of the Contest, the the Contest Announcer may entrust any third party, in particular the company with the organisation and technical support of the entire course of the Contest. We may also be obliged to disclose your personal data to public authorities, in particular to courts and law enforcement authorities (police and prosecutor) and only to the extent necessary as required by applicable and effective law.
6) Do we transfer your data to third countries?
Your personal data is processed on the territory of the Slovak Republic and other member states of the European Union. Your personal data may only be processed by a country outside the European Union if that country has been certified by the European Commission as having an adequate level of data protection or if there are other sufficient safeguards for the protection of personal data (for example, binding corporate rules or standard European contractual clauses on data protection).
7) Other information
Personal data may also, in justified cases, be subject to processing for the purpose of dealing with legal matters, including the performance of the duties of public authorities and monitoring for the purpose of legal protection. Personal data may also be archived in the public interest as well as for scientific, historical or statistical research.
8) What are your rights?
Your rights as a data subject are set out below. You should note that the exact conditions for exercising each right are set out in Chapter III of the GDPR, and not all rights may be applicable in a particular situation. You have the following rights:
– The right of access to the personal data we process about you
– The right to rectification of incorrect and imprecise personal data and the right to completion of incomplete data
– The right to restriction, i.e. to limit the processing of your personal data
– The right to delete of personal data if the purpose is lacking or if it has been processed unlawfully
– The right to object to the processing of your personal data if you believe that we have not processed your personal data legitimately or if we are processing your data on the basis of our legitimate interest
– The right to obtain personal data in a commonly used and computer-readable format and the right to transfer that data to another controller
– The right to withdraw consent to the processing of personal data
– The right to make a complaint with a supervisory authority
9) How can you exercise your rights?
in writing to HB Reavis Group s.r.o., having its registered office at Mlynské nivy 16, 821 09 Bratislava, Slovak Republic
telephone: +421 918 723 243
We strive to protect your privacy as much as possible and therefore process your personal data in accordance with GDPR and all other relevant legislation. However, if you disagree with the way your personal data is processed, you can exercise your rights with our responsible person:
Contact person: Erika Wild, contact address at Twin City C, Mlynské Nivy 16, 821 09 Bratislava, Slovak Republic, tel. +421 918 723 243, email: email@example.com
Or you can make a complaint with the supervisory authority in connection with the processing of your personal data. Your local supervisory authority can be found at: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
IX. Final Provisions
1) This Statute is published on the website of Contest Announcer reav.is/xxx, with a link to this Statute also being posted on the Instagram account (in the BIO link) of the Contestant Announcer and is deposited with the Contest Announcer.
2) In the event of any discrepancy between the provisions hereof and any promotional, advertising or other material relating to the Contest, the provisions hereof shall prevail.
3) These Statute, including all related matters, are governed by the laws of the Slovak Republic, especially the Civil Code
4) All disputes, actions or proceedings arising out of and/or in connection with this Statute shall be subject to the exclusive jurisdiction of the courts of the Slovak Republic.
5) This Contest Statute shall enter into force and effect on 25.08.2022
Bratislava, dated 25.08.2021