Consumer competition statute

CONSUMER COMPETITION STATUTE

of the trading company Be Lenka s.r.o.

Art. I. Introductory provisions

1. The company Be Lenka s.r.o., with registered office at Obchodná 9076/3D, 010 08 Žilina, Slovak Republic, ID No.: 51085291, registered in the Commercial Register of the District Court of Žilina, Section: Sro, Insert No. 68526/L, e-mail address: info@belenka.com, telephone contact: +421 948 191 469 (hereinafter referred to as the "Announcer"), issues the following statute (hereinafter referred to as the "Statute") regulating the course and rules of the consumer competition, a more detailed description of which is given in Article II (hereinafter referred to as the "Competition").

2. By entering the Competition, participants acknowledge that they have read and agree to the terms and conditions of the Competition as set out in these Terms and Conditions.

Art. II. Further information on the main terms and conditions of the Competition

The Promoter hereby informs about the main conditions of the Competition:

1. The Competition will run from 15.10.2024 to 20.10.2024.

2. The Contest is open to everyone who adds a comment to the Contest post on the Instagram account @barebarics.

3. The Winner of the Contest will be selected no later than 20.10.2024, and the selection of the Winner will be random.

4. The results of the Contest will be notified to the Winner via Facebook or Instagram. If the other participants are not notified of winning the Contest within the aforementioned period, it means that they have not been selected.

5. The Winner of the Competition/Giveaway will receive a hand-painted model Wave All White 38 EU

6. The prizes will be handed over to the winners no later than 14.4.2025 and can be redeemed or used no later than 14.4.2025.

Art. III. Additional conditions for participation in the Competition

1. Only a private individual - Consumer (hereinafter referred to as "Contestant") may participate in the Contest.

2. Only a person who fulfils the conditions for participation in the Contest as set out in these Regulations may become a Contestant.

3. The Competition is not open to persons who are in an employment or other similar relationship to the Promoter or the Competition Partner, nor to persons close to such persons within the meaning of Section 116 of Act No. 40/1964 Coll., the Civil Code. In the event that any such person becomes a winner in the Competition, the prize will not be handed over to him/her. Similarly, the Prize will not be handed over if the Promoter discovers or has reasonable grounds to suspect that any fraudulent or unfair act has been committed by any of the Contestants or any other person who has assisted the Contestant in obtaining the prize.

4. A Contestant may enter the Contest only once, unless otherwise provided in Article II.

5. The Promoter reserves the right to disqualify from the Competition those Contestants who violate the terms and conditions of the Competition.

6. If a condition of participation in the Contest is the submission of a commentary, review, photograph or other result of the creative intellectual activity of the Contestants (hereinafter referred to as the "Work"), then by submitting such Work to the Promoter, the Contestant grants the Promoter and the Partner gratuitous permission to use the Work for their commercial and non-commercial purposes in any and all ways. In particular, the Work may be reproduced, made available to the public in any way, recorded on any technical medium, modified or combined with other works of authorship. This consent is granted as exclusive and unlimited in territory, for the duration of the Contestant's proprietary copyright, whereby both the Organizer and the Partner are entitled to sub-license or may assign the consent to use the Work, at their discretion, without any limitations whatsoever.

Art. IV. Course of the Competition

1. The Contest will run from 00:00:00 on the first day of the Contest until 23:59:59 on the last day of the Contest.

2. Contestants who meet all the conditions for participation in the Contest will be automatically entered into the prize draw for the prizes detailed in Article II.

3. The prizes will be handed over to the Contestants by the Promoter or one of the Contest Partners (if such Partner is specified in Article II) within the time limits set out in these Statutes.

4. In the case that the Winner fails to collect the prize at his/her delivery address notified to the Promoter and/or Partner or in accordance with the otherwise agreed method of delivery, he/she shall forfeit his/her claim to the prize and the prize shall be forfeited to the Promoter and/or Partner, who may decide to select an alternative winner. In this situation, the Winner will not be entitled to any compensation from the Promoter or the Partner.

5. Neither the Promoter nor the Partner shall be liable for any defects in the prizes, nor shall they be liable for any damages caused by the Contestant in connection with the use (realisation) of the prizes. Claiming the prizes as gratuitously obtained is excluded. Neither the Promoter nor the Partner provide any guarantee for the prizes, nor do they provide any compensation for the prizes or any part thereof, nor do they reimburse their value in money.

Art. V. Protection of personal data

1. The voluntarily submitted personal data of the participants of the Contest will be processed by the Promoter primarily for the purpose of participation in the Contest, evaluation of the Contest, handing over the Prizes, exercising and defending the rights and legal claims of the Promoter and the Partner, and possibly will be used for other purposes if the Promoter and/or the Partner obtains a corresponding legal title for processing, which will always be notified to the participant of the Contest.

2. The processing of personal data for the above-mentioned purposes is based on a legitimate interest pursuant to Article 6(1)(f) of Regulation (EU) 2016/679 of the European Parliament and of the Council 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"), which is the interest in fulfilling the purposes pursuant to the previous paragraph, which would not be possible without the provision of the personal data of the Contest participants.

3. If the Contest participant also gives separate consent to the processing of personal data, his/her contact data will be processed for the purpose of marketing communications, i.e. for the purpose of offering business, services and market research, including sending information about organized events, products and other activities of the Promoter or Partner (depending on to whom such consent is given), for as long as the Contest participant is interested in receiving such messages. The legal title in this case is consent pursuant to Article 6(1)(a) GDPR.

4. Personal data will only be processed by the Promoter and the Partner (in case the Partner is handing over the prizes) for the purposes specified above.

5. The following personal data will be processed:

a) For the participation and evaluation of the Competition, the processing is carried out by the Promoter in the capacity of controller and processes: the name and surname and contact details of the Contestant.

b) For the handing over of prizes, the processing shall be carried out by the Promoter or the Partner, or the Promoter in the capacity of an intermediary, depending on who has been designated in the terms and conditions of the Competition as the person handing over the prizes, and the person concerned shall process: the name and surname and contact details of the Contestant.

c) For marketing communications, the processing is carried out by the Promoter and/or the Partner (depending on who is granted consent to the processing of personal data), whereby the following data is processed by these persons: the email address of the Contestant.

6. Personal data will not be transferred to third countries or disclosed to international organisations.

7. Categories of possible recipients of personal data: The Promoter, the Competition Partner, persons in the capacity of intermediaries (deliverers, providers of accounting services, newsletter services, administrators of CRM systems, providers of web hosting services, etc.).

8. The Contest participant acknowledges that he/she has rights under the GDPR, the right to request from the relevant controller access to, rectification or erasure of personal data ("right to be forgotten"), the right to withdraw consent to the processing of personal data (if processed on the basis of consent), the right to restriction of processing, the right to transfer such data and the right to lodge a complaint with the Office for Personal Data Protection. The Contest participant has the right to object to the processing of personal data which is processed on the basis of legitimate interest.

9. The processing of personal data does not involve automated decision-making or profiling.

10. Personal data will always be processed for as long as is strictly necessary to achieve the stated purposes of processing, taking into account the requirements for data retention periods set by law. i.e. for the duration of the Competition, for the period provided for by the Income Tax Act (or other legislation) and for the period during which rights and claims arising from participation in the Competition and from the delivery and realisation of the Prizes may be exercised under the relevant legislation, taking into account the limitation periods pursuant to Act No. 40/1964 Coll.

Art. VI. Final Provisions

1. The Promoter declares that the operators of Facebook, Instagram, Twitter or LinkedIN are not involved in the Competition and have no obligations towards the Contestants.

2. The Announcer hereby announces that the supervisory authority to which the Contestants may turn in connection with the course of the Competition is the Inspectorate of the Slovak Trade Inspection for the Žilina Region, located at Predmestská 71, P. O. Box B-89, 011 79 Žilina.

3. The Promoter reserves the right to cancel the Competition completely as well as to change the terms and conditions of the Competition by publishing an updated version of these Statutes or additional information about the Competition on the Promoter's website. A Contestant who does not agree to such a change shall have the right to withdraw from the Contest within three (3) days of the posting of such change on the Promoter's website, failing which the Contestant shall be deemed to have accepted the change to the terms and conditions of the Contest.

4. The Winner, who is a tax resident of the Slovak Republic, is obliged to pay income tax and health insurance premiums on the value of the non-cash prize if this value exceeds EUR 350. In such a case, the Winner is obliged to issue the Winner with a prize certificate, which the Winner will use to fulfil the above obligations.

5. Legal relations not regulated by these Statutes shall be governed by the generally binding laws of the Slovak Republic.

6. This Statute comes into force and effect on 1.1.2024.

Be Lenka s.r.o.