The purpose of this document is to fully and clearly define the rules for Facebook and Instagram competitions held on the DIVINO Facebook page, located at https://www.facebook.com/DivinoAgency/, or the DIVINO Instagram page, located at https://www.instagram.com/divino_agency/, or any Instagram or Facebook account managed by DIVINO s.r.o. (hereinafter referred to as "competition" or "competitions"). These complete competition rules (also referred to as "complete competition rules", "competition rules", or "rules") are the sole document that bindingly governs the rules of Facebook and Instagram competitions.
1. ORGANIZER AND PROMOTER OF COMPETITIONS
1.1 The organizer and promoter of the competitions is DIVINO s. r. o., with its registered office at Jeséniova 4/E, 831 01 Bratislava, Slovak Republic, Company ID: 46 492 542, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, File No.: 78258/B (hereinafter referred to as the "Organizer").
2. LOCATION AND DURATION OF COMPETITIONS
2.1 Competitions are held exclusively within the territory of the Slovak Republic.
2.2 Competitions will take place during the year 2022. Upon the announcement of each competition, participants will be informed of the specific duration of the competition (hereinafter referred to as "competition duration").
2.3 The Organizer reserves the right, at its sole discretion (e.g., for technical reasons, due to high or low interest in participation in the competition, etc., without limitation), to extend, shorten, and/or otherwise modify the competition duration without providing any compensation. The Organizer is not obliged to state the reason for extending, shortening, and/or otherwise modifying the competition duration. The Organizer is not obliged to provide any compensation in connection with the extension, shortening, and/or other modification of the competition duration. The Organizer's decision regarding the extension, shortening, and/or other modification of the competition duration is final. The provisions of point 11.7 of these rules apply to the effectiveness of the Organizer's decision regarding the extension, shortening, and/or other modification of the competition duration.
3. CONDITIONS FOR PARTICIPATION IN THE COMPETITION
3.1 A natural person over 18 years of age with full legal capacity and permanent residence and a correspondence address within the territory of the Slovak Republic may become a participant in the competition.
3.2 Employees of the Organizer (including persons in a similar relationship), as well as their close relatives, are excluded from the competition. Should such a person become a competitor and/or winner in the competition, and the Organizer becomes aware of this fact through reasonable diligence, this person will be excluded from the competition, will not be entitled to any prize in the competition, and any potential prize will not be awarded to them. For the purposes of the competition and its rules, close relatives are considered to be persons according to § 116 of Act No. 40/1964 Coll., the Civil Code, as amended.
4. HOW TO ENTER THE COMPETITION
4.1 A person who meets the conditions for participation in the competition according to Article 3 of these rules may enter the competition by performing the competition task specified on the DIVINO Facebook page, located at
4.2 Participation in the competition arises for a person according to point 4.1 of these rules who performs the competition task in accordance with point 4.1 of these rules. At the moment of performing the competition task in accordance with point 4.1 of these rules, the person referred to in the preceding sentence becomes a participant in the competition (hereinafter referred to as "competition participant" or "competitor").
4.3 Before performing the competition task, everyone is obliged to duly and fully familiarize themselves with the complete competition rules (including information on personal data processing, instruction on the rights of the data subject, and consent to personal data processing according to Article 9 of these rules), which are available in electronic form on the Divino website – www.divino.sk, and is authorized to perform the competition task only if they fully meet the complete competition rules and the conditions and requirements specified therein (e.g., age, etc.), fully agree to them, and undertake to comply with them.
4.4 By performing the competition task, everyone confirms that they have duly and fully familiarized themselves with the complete competition rules (including information on personal data processing, instruction on the rights of the data subject, and consent to personal data processing according to Article 9 of these rules), that they fully agree to them, meet them, and undertake to fully comply with them.
4.5 Unless otherwise stated in the competition announcement, repeated participation in the competition is not permitted (e.g., by performing a second and/or subsequent competition tasks). Each competition participant may enter the competition only once – by performing the competition task in accordance with point 4.1 of these rules. Repeated participation in the competition (e.g., repeated participation by the same person, repeated participation by the same person using multiple Facebook/Instagram profiles, etc.), as well as any attempt to do so, may be considered a violation of these rules with corresponding consequences (inter alia, e.g., the possibility of exclusion from the competition).
4.6 Persons who do not meet the conditions for participation in the competition and/or act in violation of these rules will not be included in the competition. If it is found that such a person, despite the foregoing, became a participant and/or winner in the competition (e.g., due to providing false information), they may be excluded (or disqualified) from the competition and are not entitled to the prize, which shall be forfeited to the Organizer without compensation. Furthermore, the Organizer reserves the right to exclude a competition participant from the competition if it discovers or has reasonable suspicion that the participant achieved participation and/or a result in the competition through fraudulent conduct, conduct in violation of the competition rules, conduct in violation of legal regulations, and/or conduct contrary to good morals, regardless of whether it is the conduct of the competition participant or another person. This decision of the Organizer is final, without the possibility of appeal.
4.7 The Organizer has the right to make the final assessment of the fulfillment of competition participation conditions by individual persons. The Organizer makes final decisions on all matters concerning the competition and its implementation. The Organizer's decisions are final and cannot be appealed.
4.8 Participation in the competition is voluntary. It is at each individual's sole discretion whether to participate in the competition or not.
5. COMPETITION TASK
5.1 The competition task must be performed personally by the competitor.
5.2 If the competition task and/or any of its components and/or parts constitute a creative activity and/or the nature of a result, output, and/or any record of creative activity (e.g., text, photograph), this competition task and/or each such component and/or part must be an expression and/or result of the competitor's own independent creative activity, who performs the given competition task, and/or this competitor must possess all rights and consents for the given competition task and/or for each such component and/or part to the extent necessary for granting all rights and consents according to these rules.
5.3 The person who performed the competition task is fully responsible for the authorization to handle and dispose of all data and facts stated and/or otherwise provided within the scope of the competition task to the extent and under the conditions specified in these rules.
5.4 The competition task, as well as any of its components and/or parts, must not violate or encourage the violation of any legal regulations, documents governing the use of the social network Facebook or Instagram, rights and/or legally protected interests of the Organizer and/or third parties; must not in any way endanger or damage the good reputation of the Organizer and/or its products and/or services; must not capture, describe, refer to, and/or incite activities that are in any way dangerous, life-threatening, and/or health-threatening; must not in any way violate or endanger generally accepted rules of social morality, civil coexistence; contain religious or political subtext, vulgar, racist, violent, or other generally unacceptable content; any elements of pornography or any other elements endangering morality; any content promoting or otherwise depicting any narcotic and/or psychotropic substances; must not depict, state, or otherwise contain a reference and/or other reference to persons, products, and/or services in a competitive position to the Organizer and/or its products and/or services; must not contain unfair competition works or works in any way infringing intellectual property rights, and must be in accordance with the rules of decency, good taste, and good morals.
5.5 The Organizer reserves the right, without notice and without any compensation, to not include in the competition and/or to exclude from the competition anyone whose competition task and/or any of its components and/or parts:
a) even marginally or partially fails to meet the conditions stipulated by these rules; or
b) was submitted to the competition by a person not meeting the conditions for participation in the competition; or
c) could jeopardize or violate the Organizer's statutory, legal, or contractual obligations; or
d) its dissemination could be contrary to the Organizer's interests, legal regulations, the document governing the use of the social network Facebook or Instagram, the rights and/or legitimate interests of any third party, and/or the Organizer's statutory, legal, and/or contractual obligations; or
e) could damage the good name and/or reputation of the Organizer and/or its products or services; or
f) is in the nature of an expression, record, output, and/or result, the rights to which are held by a person who has not given the competitor consent for its use to the extent, in the ways, and under the conditions specified in these rules.
This decision of the Organizer is final, without the possibility of appeal. The Organizer is not obliged to justify its decision in any way. The Organizer is entitled, but not obliged, to publish and/or otherwise use the competition task and/or any of its components and/or parts under the conditions specified in these rules.
5.6 The competition task and/or any of its components and/or parts (e.g., text, photograph) may be published on the DIVINO Facebook page (also referred to as "Facebook page"), located at https://www.facebook.com/DivinoAgency/, or the Instagram page, located at https://www.instagram.com/divino_agency/, or on any Instagram or Facebook account managed by the Organizer, along with publicly available data about the Facebook profile/Instagram account of the person who performed the given competition task, and with information about the date when the given competition task was performed. The Organizer reserves the right, without notice and without any compensation, not to publish on the Facebook page/Instagram account and/or to remove from the Facebook page/Instagram account the competition task and/or any of its components and/or parts, other facts, as well as any other content, which, or any components and/or parts of which, even marginally or partially fail to meet the conditions of these rules, especially if they violate and/or are not fully in accordance with the requirements under points 5.1 to 5.5 of these rules. This decision of the Organizer is final, without the possibility of appeal. The Organizer is not obliged to justify its decision in any way. The competitor is fully aware of the facts under this point of the rules and expresses their unconditional consent by performing the competition task.
6. COMPETITION PRIZE
6.1 Prizes in the competition will always be published along with the announcement of the specific competition (hereinafter referred to as "competition prize" or "prize").
6.2 The prize does not include any further benefits other than those expressly listed as the prize in the specific announced competition, nor does it include compensation for any costs incurred by the competitor in connection with claiming, handing over, taking over, and/or utilizing the prize. These costs shall be borne entirely by the competitor.
6.3 The depiction of the prize in any advertising, promotional, and/or other communication materials for the competition is illustrative, and the actual prize may differ from it.
7. COMPETITION PRINCIPLE
7.1 By performing the competition task in accordance with point 4.1 of these rules, this competition task, and thus the competitor who performed this competition task, is entered into the competition.
7.2 The winner of the competition will be determined in a manner that will be announced upon the competition's declaration.
7.3 The Organizer will ensure the determination of the winner according to point 7.2, so that it takes place within the period
stated in the competition announcement. If no period is stated in the competition announcement, the Organizer will ensure the determination of the winner no later than 7 (seven) working days after the end of the competition duration (see point 2.2 of these rules).
7.4 The determination of the winner according to point 7.2 will be made from among all competition tasks that were performed in accordance with point 4.1 of these rules. The winner will therefore be determined from among all competition tasks that were performed in accordance with point 4.1 of these rules throughout the entire duration of the specific competition.
7.5 Unless otherwise specified in the competition announcement, a competitor may become a winner in the competition a maximum of 1 (one) time throughout the entire duration of the specific competition (i.e., a competitor may win a maximum of one prize in the competition).
8. CONTACTING THE WINNER AND PRIZE DELIVERY
8.1 The competition winner will be notified of their prize no later than 10 (ten) working days after the end of the specific competition duration (see point 2.2 of these rules), via the Facebook/Instagram social network. The notification of the winner about the prize may also include a request for the winner to confirm their interest in receiving the prize and a request to provide the data and facts necessary for the handover, receipt, and/or utilization of the prize, and to agree on the specific conditions for its handover, receipt, and/or utilization. If the winner does not confirm their interest in receiving the prize in the competition and/or does not provide all requested data and facts within 5 (five) working days from the date of notification according to the first sentence of this point of the rules, in the manner specified in the notification, the winner's right to the prize in the competition shall expire in full and without any compensation. Similarly, if the winner cannot be notified of their prize in the competition according to the first sentence of this point, the winner's right to claim it shall expire in full and without any compensation. In both cases, the prize shall be forfeited to the Organizer.
8.2 The winner may be published on the DIVINO Facebook page, located at https://www.facebook.com/DivinoAgency/, the Instagram account https://www.instagram.com/divino_agency/, or on any Instagram or Facebook account managed by the Organizer, along with publicly available data about the winner's Facebook profile/Instagram account, of which the competitor is fully aware and expresses their unconditional consent by performing the competition task.
8.3 The prize will be handed over to the winner (or sent – in the case of a prize to be delivered to the winner by post or another delivery service provider) within 30 calendar days from the winner's confirmation of interest in receiving the prize and the provision of all requested data and facts.
8.4 The Organizer will arrange the prize handover. The prize will be delivered to the winner in the manner and under the conditions agreed upon between the Organizer and the winner (preferably via post or another delivery service provider, e.g., a courier). However, the final decision on the method of prize delivery rests with the Organizer.
8.5 If the prize cannot be delivered to the winner under the agreed conditions (e.g., the winner provides an incorrect address, refuses to accept the prize, etc., without limitation), the winner's right to claim the prize shall expire in full and without any compensation.
8.6 The Organizer shall, at its discretion, make the final decision on the disposition of any prize that the winner does not accept and/or utilize, that cannot be delivered to the winner, or that is not handed over to the winner for any other reason.
8.7 The Organizer is not responsible for the inability to notify the winner of the prize in the competition, which is due to any reasons on the part of the competitor and/or any third party.
8.8 The handover of the prize may be conditional on demonstrating compliance with all conditions according to these rules, presenting an identity document (e.g., ID card) for the purpose of verifying the winner's identity details, as well as signing the handover protocol and/or other document regulating the handover, acceptance and/or use of the prize and other facts, prepared and provided by the organizer, by the competition winner.
9. INFORMATION ON PERSONAL DATA PROCESSING, INSTRUCTION ON DATA SUBJECT'S RIGHTS AND CONSENT TO PERSONAL DATA PROCESSING
9.1 Information on personal data processing and instruction on data subject's rights
For the purpose of the competition's realization, communication, promotion, and evaluation (including the publication of competition actions according to point 5.6 of these rules, the publication of winners according to point 8.2 of these rules, contacting winners, and for the purpose of arranging the terms of prize handover and acceptance, including through electronic communications in accordance with Act no. 351/2011 Coll. on electronic communications as amended, and the prize handover), the processing of participants' personal data to the necessary extent is required.
In this regard, the organizer requests consent to the processing of personal data, which is granted by performing a competition action, and provides information in advance according to the provisions of § 19 et seq. of Act no. 18/2018 Coll. on personal data protection and on amendments and supplements to certain acts as amended (hereinafter referred to as the "Personal Data Protection Act"), including instruction on the data subject's rights.
Identification and contact details of the operator:
The operator is the competition organizer, which is the company DIVINO s. r. o., with its registered office at Jeséniova 4/E, 831 01 Bratislava, Slovak Republic, Company ID: 46 492 542, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert number: 78258/B. The operator can be contacted in writing – at the email address divino@divino.sk or in writing – by mail at the organizer's registered office address.
Contact details of the responsible person:
A responsible person has not been appointed by the organizer.
Purpose of personal data processing:
The purpose of personal data processing is the realization, communication, promotion, and evaluation of the competition (including the publication of competition actions according to point 5.6 of these rules, the publication of the winner/winners according to point 8.2 of these rules, contacting the winner/winners for the purpose of arranging the terms of prize handover and acceptance, including through electronic communications in accordance with Act no. 351/2011 Coll. on electronic communications as amended, and the prize handover).
Legal basis for personal data processing:
The legal basis for personal data processing is the data subject's consent to the processing of personal data.
Identification of the recipient or category of recipient:
The organizer is authorized to process personal data also through third parties.
The organizer is authorized to provide personal data to a third party to the necessary extent, for the purpose of sending, delivering, and/or handing over the prize to the winner of the competition.
Information on the transfer of personal data to a third country:
The organizer does not intend to transfer personal data to a third country or an international organization.
Information on the retention period of personal data:
Consent to personal data processing is granted for the duration of the competition and for a period of 3 (three) months after the end of the competition period. Consent to personal data processing can be revoked at any time, free of charge, in writing, by means of an email containing the revocation of consent to personal data processing sent and delivered to the organizer at the email address divino@divino.sk. The revocation of consent to personal data processing does not affect the lawfulness of personal data processing prior to its revocation. The revocation of consent to personal data processing during the competition period and/or until the prize is handed over to the winner of the competition results in the exclusion of the participant from the competition and/or the impossibility of handing over the prize to the winner of the competition. The organizer is authorized to process personal data until the consent to their processing is revoked or until the expiration of the period for which consent is granted, and after the revocation of consent or the expiration of the period for which consent is granted, will ensure their restriction and/or deletion in accordance with the Personal Data Protection Act; this does not affect any potential mandatory processing and/or archiving of personal data based on specific legal regulations.
Information on the right to request access to personal data concerning the data subject from the operator:
The right to access personal data is regulated by the provision of § 21 of the Personal Data Protection Act, as follows.
(1) The data subject has the right to obtain confirmation from the operator as to whether personal data concerning them are being processed. If the operator processes such personal data, the data subject has the right to access these personal data and information on a) the purpose of personal data processing, b) the category of processed personal data, c) the identification of the recipient or the category of recipient to whom the personal data have been or are to be provided, especially regarding a recipient in a third country or an international organization, if possible, d) the retention period of personal data; if this is not possible, information on the criteria for its determination, e) the right to request from the operator the rectification of personal data concerning the data subject, their erasure or restriction of their processing, or the right to object to the processing of personal data, f) the right to file a proposal for initiating proceedings under § 100, g) the source of personal data, if the personal data were not obtained from the data subject, h) the existence of automated individual decision-making, including profiling according to § 28 para. 1 and 4; in these cases, the operator shall provide the data subject with information, in particular, on the procedure used, as well as on the significance and anticipated consequences of such personal data processing for the data subject.
(2) The data subject has the right to be informed of appropriate safeguards regarding the transfer under § 48 para. 2 to 4, if personal data are transferred to a third country or an international organization.
(3) The operator is obliged to provide the data subject with their personal data that they process. For repeated provision of personal data requested by the data subject, the operator may charge a reasonable fee corresponding to administrative costs. The operator is obliged to provide personal data to the data subject in the manner requested by them.
(4) The right to obtain personal data under paragraph 3 must not adversely affect the rights of other natural persons.
Information on the right to rectification of personal data:
The right to rectification of personal data is regulated by the provision of § 22 of the Personal Data Protection Act, as follows.
The data subject has the right to have the operator rectify inaccurate personal data concerning them without undue delay. Taking into account the purpose of personal data processing, the data subject has the right to have incomplete personal data completed.
Information on the right to erasure of personal data:
The right to erasure of personal data is regulated by the provision of § 23 of the Personal Data Protection Act, as follows.
(1) The data subject has the right to have the operator erase personal data concerning them without undue delay.
(2) The operator is obliged to erase personal data without undue delay if the data subject has exercised the right to erasure under paragraph 1, if a) the personal data are no longer necessary for the purpose for which they were collected or otherwise processed, b) the data subject withdraws consent under § 13 para. 1 letter a) or § 16 para. 2 letter a), on the basis of which the personal data processing is carried out, and there is no other legal basis for personal data processing, c) the data subject objects to the processing of personal data under § 27 para. 1 and there are no overriding legitimate grounds for personal data processing or the data subject objects to the processing of personal data under § 27 para. 2, d) personal data are processed unlawfully, e) the reason for erasure is the fulfillment of an obligation under this Act, a specific regulation, or an international treaty by which the Slovak Republic is bound, or f) personal data were collected in connection with the offer of information society services under § 15 para. 1.
(3) If the operator has made personal data public and is obliged to erase them under paragraph 1, they are also obliged to take reasonable security measures, including technical measures, taking into account available technology and the costs of their implementation, for the purpose of informing other operators who process the data subject's personal data of their request, so that these operators erase links to their personal data and copies or reproductions thereof.
(4) Paragraphs 1 and 2 shall not apply if the processing of personal data is necessary a) for exercising the right to freedom of expression or the right to information, b) for compliance with an obligation under this Act, a specific regulation, or an international treaty by which the Slovak Republic is bound, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the operator, c) for reasons of public interest in the area of public health in accordance with § 16 para. 2 letters h) to j), d) for archiving purposes, scientific research purposes, historical research purposes, or statistical purposes under § 78 para. 8, if it is likely that the right under paragraph 1 would render impossible or seriously impair the achievement of the objectives of such processing, or e) for the establishment, exercise, or defense of legal claims.
Information on the right to restriction of personal data processing:
The right to restriction of personal data processing is regulated by the provision of § 24 of the Personal Data Protection Act, as follows.
(1) The data subject has the right to have the operator restrict the processing of personal data if a) the data subject contests the accuracy of the personal data, for a period enabling the operator to verify the accuracy of the personal data, b) the processing of personal data is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead, c) the operator no longer needs the personal data for the purpose of personal data processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims, or d) the data subject objects to the processing of personal data under § 27 para. 1, pending the verification whether the legitimate grounds of the operator override those of the data subject.
(2) If the processing of personal data has been restricted under paragraph 1, the operator may process personal data, other than for storage, only with the data subject's consent or for the establishment, exercise, or defense of legal claims, for the protection of persons, or for reasons of public interest.
(3) The operator is obliged to inform the data subject, whose personal data processing has been restricted under paragraph 1, before the restriction of personal data processing is lifted.
Information on the right to object to personal data processing:
The right to object to personal data processing is regulated by the provision of § 27 of the Personal Data Protection Act, as follows.
(1) The data subject has the right to object to the processing of their personal data on grounds relating to their particular situation, carried out pursuant to § 13 para. 1 letters e) or f), including profiling based on these provisions. The operator shall no longer process the personal data unless they demonstrate compelling legitimate grounds for the processing that override the interests or fundamental rights and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims.
(2) The data subject has the right to object to the processing of personal data concerning them for direct marketing purposes, including profiling to the extent that it is related to such direct marketing. If the data subject objects to the processing of personal data for direct marketing purposes, the operator shall no longer process the personal data for such purposes.
(3) The operator is obliged to explicitly inform the data subject of the rights under paragraphs 1 and 2 at the latest at the time of the first communication with them, and the information about this right must be presented clearly and separately from any other information.
(4) In the context of the use of information society services, the data subject may exercise their right to object by automated means using technical specifications.
(5) The data subject has the right to object to the processing of personal data concerning them on grounds relating to their particular situation, except where the processing of personal data is necessary for the performance of a task carried out for reasons of public interest, if the personal data are processed for scientific, historical research, or statistical purposes under § 78 para. 8.
Information on the right to data portability:
The right to data portability is regulated by the provision of § 26 of the Personal Data Protection Act, as follows.
(1) The data subject has the right to receive the personal data concerning them, which they have provided to an operator, in a structured, commonly used, and machine-readable format and has the right to transmit those personal data to another operator, where technically feasible and if a) the personal data are processed pursuant to § 13 para. 1 letter a), § 16 para. 2 letter a) or § 13 para. 1 letter b) and b) the processing of personal data is carried out by automated means.
(2) The exercise of the right referred to in paragraph 1 shall be without prejudice to the right under § 23. The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the operator.
(3) The right under paragraph 1 must not adversely affect the rights of other persons.
Information on the right to withdraw consent at any time:
Consent to personal data processing can be revoked at any time, free of charge, in writing, by means of an email containing the revocation of consent to personal data processing sent and delivered to the organizer at the email address divino@divino.sk. The revocation of consent to personal data processing does not affect the lawfulness of personal data processing prior to its revocation. The revocation of consent to personal data processing during the competition period and/or until the prize is handed over to the winner of the competition results in the exclusion of the participant from the competition and/or the impossibility of handing over the prize to the winner of the competition. The organizer is authorized to process personal data until the consent to their processing is revoked or until the expiration of the period for which consent is granted, and after the revocation of consent or the expiration of the period for which consent is granted, will ensure their restriction and/or deletion in accordance with the Personal Data Protection Act; this does not affect any potential mandatory processing and/or archiving of personal data based on specific legal regulations.
Information on the right to file a proposal for initiating proceedings under § 100 of the Personal Data Protection Act:
The data subject or a person who claims to be directly affected in their rights established by the Personal Data Protection Act is entitled to file a proposal for initiating proceedings on personal data protection with the Office for Personal Data Protection of the Slovak Republic under the provision of § 100 and related provisions of the Personal Data Protection Act. The purpose of personal data protection proceedings is to ascertain whether there has been a violation of the rights of natural persons in the processing of their personal data or a violation of the Personal Data Protection Act or a specific regulation in the field of personal data protection, and in the event of identified deficiencies, if it is reasonable and expedient, to impose corrective measures, or possibly a fine for violating the Personal Data Protection Act or a specific regulation in the field of personal data protection. The right to file a proposal for initiating proceedings under § 100 of the Personal Data Protection Act, the requirements for a proposal for initiating proceedings under § 100 of the Personal Data Protection Act, and the personal data protection proceedings themselves are regulated by the provisions of § 99 to 103 of the Personal Data Protection Act.
Information on the type of request:
The data subject is not obliged to provide personal data and grant consent to the processing of personal data; however, in such a case, they will not be able to participate in the competition. The provision of personal data and the granting of consent to the processing of personal data is, in this case, a requirement necessary for the purpose of the competition's realization, communication, promotion, and evaluation (including the publication of competition actions according to point 5.6 of these rules, the publication of winners according to point 8.2 of these rules, contacting winners, and for the purpose of arranging the terms of prize handover and acceptance, including through electronic communications in accordance with Act no. 351/2011 Coll. on electronic communications as amended, and the prize handover).
The data subject is entitled to withdraw consent to the processing of personal data at any time, free of charge, in writing, by means of an email containing the withdrawal of consent to the processing of personal data sent and delivered to the organizer at the email address divino@divino.sk. The withdrawal of consent to the processing of personal data does not affect the lawfulness of the processing of personal data prior to its withdrawal. The withdrawal of consent to the processing of personal data during the competition period and/or until the prize is handed over to the winner results in the exclusion of the competitor from the competition and/or the impossibility of handing over the prize to the winner.
Information on the existence of automated individual decision-making, including profiling, according to § 28 para. 1 and 4 of the Personal Data Protection Act:
In accordance with the provisions of § 28 para. 1 of the Personal Data Protection Act, the data subject has the right not to be subject to a decision based solely on automated processing of personal data, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
The organizer does not intend to use automated individual decision-making, including profiling, according to § 28 para. 1 and 4 of the Personal Data Protection Act.
9.2 Consent to the processing of personal data
By performing a competition act, everyone grants the organizer consent to the processing of their personal data to the extent of publicly available data in their Facebook profile/Instagram account. The organizer is authorized to process personal data for the purpose of conducting the competition, its communication, promotion, and evaluation (including the publication of competition acts according to point 5.6 of these rules, the publication of winners according to point 8.2 of these rules, contacting winners, and for the purpose of agreeing on the terms of prize handover and acceptance, including through electronic communications in accordance with Act No. 351/2011 Coll. on electronic communications as amended, and prize handover). Consent to the processing of personal data is granted voluntarily, for the duration of the competition and for the period necessary in accordance with the relevant legal regulations on accounting and archiving. Consent to the processing of personal data can be withdrawn at any time, free of charge, in writing, by means of an email containing the withdrawal of consent to the processing of personal data sent and delivered to the organizer at the email address divino@divino.sk. The withdrawal of consent to the processing of personal data does not affect the lawfulness of the processing of personal data prior to its withdrawal. The withdrawal of consent to the processing of personal data during the competition period and/or until the prize is handed over to the winner results in the exclusion of the competitor from the competition and/or the impossibility of handing over the prize to the winner. The organizer is authorized to process personal data until the withdrawal of consent to their processing or until the expiration of the period for which consent is granted, and after the withdrawal of consent or the expiration of the period for which consent is granted, ensure their restriction and/or deletion in accordance with the Personal Data Protection Act; this does not affect any mandatory processing and/or archiving of personal data based on a special legal regulation. In relation to their processed personal data, the data subject has the rights established by the Personal Data Protection Act, especially the provisions of § 19 to 30 of the Personal Data Protection Act (inter alia, the right to request from the operator access to personal data concerning the data subject, the right to rectification of personal data, the right to erasure of personal data, the right to restriction of processing of personal data, the right to object to the processing of personal data, the right to data portability). The organizer is authorized to process personal data also through third parties. The organizer is authorized to provide personal data to the necessary extent to a third party for the purpose of sending, delivering, and/or handing over the prize to the winner in the competition. In the same way (i.e., by performing a competition act), to the same extent and under the same conditions, everyone also grants the organizer consent to the processing and use of their data to the extent of publicly available data in their Facebook profile/Instagram account, which are not personal data. To the data to the extent according to the previous sentence and/or to the data to the extent according to the first sentence of this point of the rules, other data (including personal data) may be assigned and processed for the purpose and under the conditions according to this point of the rules, which the competitor provides to the organizer in the context of claiming the prize in the competition and/or handing over or taking over the prize in the competition and/or in connection therewith (e.g., data on the correspondence address for prize delivery, etc.). The consent according to this point of the rules also includes consent to the sending of messages and information through electronic communications in accordance with Act No. 351/2011 Coll. on electronic communications as amended, for the purpose according to this point of the rules.
10. COPYRIGHT, RELATED RIGHTS, AND PERSONAL RIGHTS
10.1 If the competition act and/or any of its components and/or parts (e.g., text, photograph, etc.) has the nature of a work within the meaning of Act No. 185/2015 Coll., the Copyright Act as amended (hereinafter referred to as "work" and "Copyright Act"), the participant of the competition, by performing the competition act, grants the organizer a non-exclusive consent (license) for its use (including any of its components and/or parts) in a manner at the organizer's discretion, especially by any and all methods of use according to the provisions of § 19 para. 4 of the Copyright Act (hereinafter referred to as "License"). The organizer is authorized, within the meaning of the granted License, especially to make a copy of the work, publicly distribute the original work or its copy by transfer of ownership, lease and/or loan, make the work available to the public, process the work, combine the work with another work, include the work in a database according to § 131, publicly present the work by public display of the original work or a copy of the work, public performance of the work and/or public transmission of the work. The License is granted free of charge. The License is granted as non-exclusive (non-exclusive license), without territorial, material, and time limitations. The organizer is authorized, to the maximum extent of the granted License, to grant sublicenses to third parties and/or assign the License to a third party, to which the competitor, by performing the competition act, grants their prior consent. At the same time, the competitor hereby agrees that by granting a sublicense or assigning the License to a third party, the competitor is not entitled to any remuneration or compensation. The organizer is authorized to make the work (including any of its components and/or parts) available to the public, publish it free of charge, and publicly disseminate it. The participant of the competition, in relation to their work (including any of its components and/or parts), excludes the collective management of rights by the relevant collective rights management organization. The organizer is not obliged to use this License.
10.2 If the competition act and/or any of its components and/or parts (e.g., text, photograph, etc.) has the nature of an artistic performance by a performing artist and/or a recording of an artistic performance by a performing artist within the meaning of the Copyright Act (hereinafter referred to as "recording"), the participant of the competition, by performing the competition act, grants the organizer a non-exclusive consent (license) for its use (including any of its components and/or parts) in a manner at the organizer's discretion, especially by any and all methods of use according to the provisions of § 97 para. 3 of the Copyright Act (hereinafter referred to as "Consent"). The organizer is authorized, within the meaning of the granted Consent, especially to make a copy of the recording, publicly distribute the original recording or its copy by transfer of ownership, lease and/or loan, make the recording available to the public, process the recording, combine the recording with another work, include the recording in a database according to § 131, publicly present the recording by public display of the original recording or a copy of the recording, public performance of the recording and/or public transmission of the recording. The Consent is granted free of charge. The Consent is granted as non-exclusive (non-exclusive license), without territorial, material, and time limitations. The organizer is authorized, to the maximum extent of the granted Consent, to grant sublicenses to third parties and/or assign the Consent to a third party, to which the competitor, by performing the competition act, grants their prior consent. At the same time, the competitor hereby agrees that by granting a sublicense or assigning the Consent (license) to a third party, the competitor is not entitled to any remuneration or compensation. The organizer is authorized to make the recording (including any of its components and/or parts) available to the public, publish it free of charge, and publicly disseminate it. The participant of the competition, in relation to their recording (including any of its components and/or parts), excludes the collective management of rights by the relevant collective rights management organization. The organizer is not obliged to use this Consent (license).
10.3 If the competition act and/or any of its components and/or parts (e.g., text, photograph, etc.) has the nature of a component of personal rights and/or its recording (e.g., a recording of a likeness, expressions of a personal nature of a natural person, etc.) within the meaning of Act No. 40/1964 Coll., the Civil Code as amended (hereinafter referred to as "Civil Code"), the participant of the competition, by performing the competition act, grants the organizer consent in accordance with the provisions of § 12 para. 1 of the Civil Code for its use (including any of its components and/or parts) in a manner at the organizer's discretion and to the same extent as the License and Consent according to points 10.1 and 10.2 of these rules. The organizer is not obliged to use the consent according to this point of the rules.
11. GENERAL CONDITIONS
11.1 By performing a competition act, everyone expresses their full and unconditional agreement with the complete competition rules and undertakes to comply with them in full.
11.2 By performing a competition act, everyone confirms that neither this act nor their participation in the competition has violated the rights or legitimate interests of any third party or the provisions of legal regulations and/or documents governing the use of the Facebook/Instagram social network. Everyone hereby specifically confirms that they fully possess all rights, consents, and confirmations that they grant (or undertake to grant) in accordance with these rules, including, but not limited to, the rights, consents, and confirmations under Article 9 and Article 10 of these rules (including the License, Consent, and consent under point 10.3 of these rules), and that by granting them, the rights or legitimate interests of any third party or the provisions of legal regulations and/or documents governing the use of the Facebook/Instagram social network are not violated. Everyone further confirms that by using the competition act and/or any of its components and/or parts in the manner and under the conditions set forth in these rules, no rights or legitimate interests of any third party or the provisions of legal regulations and/or documents governing the use of the Facebook/Instagram social network will be violated. By performing a competition act, the participant of the competition further confirms that if the competition act performed by them and/or any of its components and/or parts (e.g., text, photograph, etc.) has the nature of a work within the meaning of the Copyright Act and/or the nature of another performance, expression, recording, and/or result protected by the Copyright Act (e.g., an artistic performance and/or a recording of an artistic performance) and/or another legal regulation (e.g., components of personal rights protected by the Civil Code, personal data protected by the Personal Data Protection Act, etc.), the rights to which are owned and/or exercised by a person other than the participant of the competition, the participant of the competition has settled with this person and in this regard possesses the consent of the given person and rights to the extent necessary to grant all rights, consents, and confirmations in accordance with these rules (including the License, Consent, and consent under point 10.3 of these rules). If this person is under 18 years of age or does not have full legal capacity for other reasons, the participant of the competition, by performing the competition act, also confirms that they also possess the consent of the legal representative of the given person to the necessary extent. Anyone who has performed a competition act bears full responsibility towards the organizer, as well as towards third parties, in connection with their participation in the competition, as well as in connection with the granting of rights, consents, and confirmations under these rules (including the License, Consent, and consent under point 10.3 of these rules), including claims asserted in connection with the provisions of applicable legal regulations governing and defining copyright and related rights, protection of personality, protection of personal data, and other legal regulations. By performing a competition act, everyone confirms that by using the competition act and/or any of its components and/or parts and/or other facts according to these rules, no rights of third parties will be affected, e.g., copyrights, related rights, personal rights, rights to privacy and/or personal data protection, rights of owners of things, trademarks, etc. All necessary rights, consents, and confirmations related to their participation in the competition and the granting of rights, consents, and confirmations under these rules must be obtained by the participant of the competition at their own expense and responsibility. In the event that anyone, by their action or inaction within the competition and/or in connection therewith, violates the rights of the organizer and/or any third party, including, but not limited to, copyrights, related rights, personal rights, rights to privacy and/or personal data protection, rights of owners of things, etc., they are fully responsible for such violation. If the confirmation under this point of the rules proves to be even partially incorrect, incomplete, or untrue, and the organizer and/or any third party incurs any damage and/or other harm in this regard, the person who performed the competition act undertakes to compensate for it in full at their own expense.
11.3 The competitor is fully responsible for the regularity, correctness, completeness, truthfulness, and topicality of all data provided within the scope of participation in the competition, participation in the competition, and/or claiming the prize in the competition, and for the authorization to dispose of them to the extent and under the conditions set forth in these rules. As the data subject, the competitor undertakes to provide only true, correct, and up-to-date personal data.
11.4 The organizer is not liable for damages or any other harm caused by any action or inaction of third parties, nor for any technical problems related to the competition, including, but not limited to, problems with the operation of Facebook/Instagram, problems on the part of telephone operators, postal or other carriers, or other entities.
11.5 The organizer is not liable for any damages that competitors may have incurred and/or will incur in connection with participation in the competition. The organizer is also not liable for any damages caused by winning the competition or in connection therewith. The organizer reserves the right to replace the prize according to these rules with another prize of a similar type and value, as well as to change the conditions for handing over the prize. The winner does not have the right to claim the prize.
11.6 Participation in the competition or winning the competition cannot be enforced by legal means or alternatively fulfilled in money. There is no legal entitlement to participate in the competition.
11.7 The organizer reserves the right to amend or modify the competition rules at any time, as well as the right to shorten, postpone, interrupt, or completely cancel the competition, even without stating a reason and without providing compensation, and in such a case, the organizer is not obliged to provide any compensation (e.g., damages, etc.). In the event of changes to the competition rules, these changes will be made in the form of an addendum to the complete competition rules, which will be published on the DIVINO company website www.divino.sk. The changes become effective upon the publication of the addendum according to the previous sentence, unless a later effective date is expressly stated. The organizer makes the final decision on all matters concerning the competition and its implementation.
11.8 The competitor acknowledges that prizes in competitions may be subject to income tax in accordance with the relevant provisions of Act No. 595/2003 Coll. on Income Tax as amended. Based on this competition and/or in connection therewith, competitors are not entitled to any other benefits than those expressly stated in these rules, and the right to these benefits arises only if all conditions stipulated for this purpose in these rules are met. The winner is not entitled to demand any further benefits beyond the prize expressly stated in these rules.
11.9 The competition is not organized, ordered, sponsored, supported, promoted, conducted, managed, or otherwise connected with the social network (service) Facebook or with the company Facebook (Facebook Ireland Limited, Facebook, Inc., or their affiliated entities) possessing rights to the social network (service) Facebook. Data, facts, and consents granted within the competition are granted to the organizer, not to Facebook. Any questions, comments, or suggestions related to the competition must be addressed to the organizer, not to Facebook. The participant of the competition acknowledges and fully accepts that Facebook is not responsible for the organization or implementation of the competition.
11.10 The competition is not organized, commissioned, sponsored, supported, promoted, conducted, managed, or otherwise connected with the social network (service) Instagram or with Facebook (Facebook Ireland Limited, Facebook, Inc., or their affiliated entities) that holds the rights to the Instagram social network (service). Information, facts, and consents provided within the scope of the competition are granted to the organizer, not to Facebook. Any questions, comments, or suggestions related to the competition must be addressed to the organizer, not to Facebook. Competition participants acknowledge and fully accept that Facebook is not responsible for the organization or implementation of the competition.
11.11 In the event of any discrepancy between the competition rules or any parts thereof presented in promotional materials or other consumer-oriented materials and the text of the complete competition rules, the wording of the complete competition rules shall prevail. The wording of the rules presented in promotional materials or other consumer-oriented materials must be interpreted in accordance with the complete competition rules.
11.12 The complete competition rules are available in electronic form for the duration of the competition on the DIVINO website at – www.divino.sk
Bratislava, January 1, 2022
