1. INTRODUCTION
1.1 The subject of this document is the modification of the rules ("Rules") of the competitions created by MEDICON InCare s.r.o., with registered office at Antala Staška 1670/80, 140 40, Prague 4, ID No.: 241 99 605, registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 187964 on its profiles on social networks Facebook - https://www.facebook.com/incaremedicon/ and Instagram https://www.instagram.com/incaremedicon/ ("Competition"). These Rules bind the terms and conditions of all Contests that will be published on the two aforementioned profiles ("Profiles"). Each Contest is announced through contest entries ("Contest Entry") posted on the Profiles and is governed by the provisions of these Rules, unless the Contest Entries expressly state otherwise. These Rules may be amended only by written amendments to this document published in the same manner as this document.
1.2 The Promoter of the Contest is MEDICON InCare s.r.o., with registered office at Antala Staška 1670/80, 140 40, Prague 4, ID No.: 241 99 605, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 187964 ("Promoter").
2. DATE OF COMPETITION
2.1 The Competition will run from the time of posting of the Competition Entry on any of the Profiles until the date specified in the text of the Competition Entry at 11:59pm or such other time as may be specified in the relevant Competition Entry (the "Competition Period").
3.
3.1 Only a natural person with a mailing address in the Czech Republic or Slovakia who meets all of the conditions set out in these Rules ("Contestant") may participate in the Contest. A Contestant under the age of 18 may only participate in the Contest with the consent of his/her legal guardian, who is also authorized to accept any Prize on his/her behalf. The Promoter may at any time require a Competitor under the age of 18 to provide written proof of consent from their legal guardian. If the Contestant fails to provide such consent afterwards, he/she will be excluded from the Contest without compensation and will not be able to claim the Prize.
3.2 A Competitor must be a Facebook/Instagram user (whichever social network the Competition is on) and have their personal Facebook/Instagram account active for the duration of the Competition, and such Competitor must comply with all Facebook/Instagram rules. In the event that a Contestant's Facebook/Instagram account is terminated for any reason or ceases to be active (including being blocked), the Contestant may be excluded by the Promoter from the Contest on that social network without any compensation.
3.3 Each Competitor may only enter the Competition via a single Facebook/Instagram account. In the event that the same Contestant enters the Contest from multiple accounts, all of their responses from all accounts will be removed from the Contest without any compensation.
3.4 Participation in the Competition via another person's Facebook/Instagram account is excluded.
3.5 Only those Contestants who meet all of the stated terms and conditions of the Contest will be entered into the Contest and may become Winners. The Promoter reserves the right at any time, in its sole discretion, to assess the fulfilment of the specified conditions of the Competition by individual Competitors and to exclude any Competitors who do not comply with the conditions set out in these Rules from the Competition without compensation.
3.6 The Promoter shall be entitled to definitively exclude a Contestant without compensation if it suspects that a Contestant has achieved a result in the Competition by fraudulent conduct or other conduct which is contrary to applicable law or good morals and is likely to affect the results of the Competition. Such decision to disqualify a Contestant is final, without the possibility of appeal, and need not be justified by the Promoter.
4. COMPETITION MECHANICS
4.1 The Contest is launched when the Promoter posts a Contest Entry on the Profile with a Contest question and an invitation to enter the Contest. The Contestant enters the Contest by fulfilling the conditions set out in the Contest entry, for example, by posting a comment answering the question in the Contest entry or by posting other content ("Contest Comment") under the Contest entry on the Profile during the Contest Period.
4.2 A Contestant may enter each individual Contest (Contest Profile Post) no more than once.
4.3 From among all Contestants, after the Contest Period, the number of Contestants indicated in a particular Contest Post will be drawn at random, and each of such drawn Contestants will receive a Prize and become a winner (individually as a "Winner" or collectively as "Winners"). The Competition Entry may also specify a different mechanic for selecting the Winner (e.g. selection of the most original Competition Comment, etc.). The draw will be conducted by the Promoter no later than 5 working days after the end of the Competition Period. In the Competition, the Promoter may decide to draw an alternate Winner for each Winner in the event that a Winner is excluded from the Competition or cannot be contacted to claim the Prize.
5. COMPETITIVE CONTRIBUTION
5.1 Contest entries may only appear on the Profile.
5.2 When creating or posting a Contest Comment to the Contest, Contestants must not endanger themselves or others.
5.3. The Promoter is not responsible for any content that a Competitor adds to the Competition e.g. in the form of a Competition Comment. The Contestant is responsible for ensuring that any content added by him/her to the Contest (in particular in the Contest Comment) does not violate any third party rights (such as intellectual property rights or personality rights), generally binding regulations of the Czech Republic, good manners or the rules of Facebook and Instagram (depending on which social network the Contest is held on). In the event of a breach, the Contestant shall indemnify the Promoter for any loss suffered by the Contestant if a third party claims against the Promoter.
5.4. By posting content in the Competition Comment under the Competition Entry, the Competitor represents that they are the author of the content or that they are the person entitled to exercise the rights in the content for the purposes of uploading the content to the Competition Comment. By posting the content, the Contestant also represents that he or she has the necessary consents from the persons depicted in the content to post it in the Contest Comment. If asked to do so, the Contestant must provide written consent from the persons captured in the content in the form required by the Promoter. By publishing the content in the Contest Commentary, the Contestant expressly grants the Promoter the right to use the content, free of charge, without territorial restrictions and for all known uses of the work, in particular for use in the Promoter's internal, advertising and promotional materials (incl. The Contestant further agrees that the Promoter may grant the rights forming part of the Licence in whole or in part to a third party or assign the Licence to any third party. The Promoter is under no obligation to use the Licence granted. The Contestant further expressly agrees that the Promoter is entitled to modify or otherwise interfere with the Contestant's content, use it to create other works, incorporate it into another work, including the title or designation of the content.
5.5. Contestant's comments or other content in the Contest:
a) must not be defamatory, obscene, illegal, harmful, offensive or inappropriate;
b) shall not be harassing, abusive, or threatening or otherwise degrade or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c) shall not contain viruses or other harmful programs;
d) must not promote or advertise the Contestant's or any third party's own goods and services, or (unless otherwise stated in these Terms and Conditions) display any brand, trademark or third party logos, including clothing, other than those of the Promoter;
6. WINNING THE CONTEST
6.1 The prize for the Competition is set out in the Competition entry ("Prize"). Winners will be drawn at random unless otherwise stated in the Competition entry.
6.2 Each Contestant may only win one (1) Prize.
6.3 The Winners will be contacted by the Promoter via Facebook or Instagram message, depending on the social network on which the Competition was run (the "Challenge"), within 5 working days of the end of the Competition Period, or a reply will be added under their Competition comment on the Competition Entry informing them that they have won and what the next steps are.
6.4 Contestants who do not win will not be notified in any way.
6.5 The Winner must confirm their interest in the Prize via Facebook/Instagram message from their personal Facebook/Instagram account (depending on which social network the Competition was run on) within 5 working days of receipt of the Challenge and follow the Promoter's instructions. In the event that the Winner fails to confirm their interest in the Prize within 5 working days of receipt of the Challenge, or if the Promoter determines or has reasonable grounds to believe that the Winner is ineligible, that the Winner's Competition comment is invalid, untrue or fraudulent, or if the Winner otherwise fails to comply with these Rules, the Promoter may disqualify the Winner from the Competition, in which case the Prize will be forfeited to the Promoter or passed to an alternate winner in a similar manner.
6.6 Prizes will be handed over to Winners in person at the INCARE clinic (Poliklinika Budějovická, Zelená budova, entrance No. 1, 5th floor.)
and in accordance with the Promoter's instructions, no later than 30 working days from the confirmation of interest in the Prize or the delivery of the address for sending the Prize. In the event that the Winner fails to claim the Prize, the Prize will be forfeited to the Promoter or passed to an alternate winner by a similar procedure.
6.8 In the event that the Winner proves not to be eligible to claim the Prize under these Rules for any reason, or if the Winner declines the Prize or fails to confirm his/her interest in the Prize within the aforementioned time period, the Promoter will draw an alternative winner or it will be at the Promoter's discretion as to how the Prize is disposed of.
7. PROTECTION OF PERSONAL DATA
Consent to the processing of personal data for the purposes of entering the Competition
7.1 By entering the Competition, the Competitor agrees (or the legal representative of a Competitor under the age of 18) that MEDICON InCare s.r.o, with its registered office at Antala Staška 1670/80, 140 40, Prague 4, as a personal data controller, is entitled to process their personal data within the scope of the data required by the Organiser in accordance with these Rules (i.e. name, surname, Facebook/Instagram account), or other data provided to the Organiser, for the purpose of participation in the Competition, for a period of one year, i.e. the time necessary for the organisation of the Competition and any control by public authorities. In the event that the Contestant becomes a Winner, he/she also consents to the processing of his/her delivery data (address, telephone number) for the purpose of delivery of the Prize, for a period of 3 years from the end of the Contest Period. The legal basis for the processing is the consent of the Contestant. The purpose of the processing is to run the Competition, select the Winners and distribute the Prizes. Consent to the processing of personal data is voluntary, but without it it is not possible to evaluate the Contestant's participation in the Contest or to deliver the Prize to the Winner. Consent may be withdrawn at any time by the Contestant and the Winner at the above address of the Promoter's registered office or at the email address marketing@mediconas.cz
7.2 The processing of personal data is carried out by the Promoter (MEDICON InCare s.r.o.). The processing of personal data may be carried out by other providers of processing software, services and applications, where applicable, but these are not currently used by the Promoter for these purposes.
7.3 As a data subject, the Entrant has the following rights under the law which may be exercised by the Entrant at any time. These include the right (i) to access personal data, (ii) to rectification of inaccurate or false personal data and completion of incomplete personal data, (iii) to erasure of personal data if the personal data is no longer necessary for the purposes for which it was collected or otherwise processed or if it is found that it has been unlawfully processed, (iv) to restriction of processing of personal data, (v) the portability of the data; and (vi) the right to object, after which the processing of the Contestant's personal data will be terminated unless it is demonstrated that there are compelling legitimate grounds for the processing which override the interests or rights and freedoms of the Contestant, in particular if the ground is the possible enforcement of legal claims; and (viii) the right to withdraw the consent given. At the same time, the Contestant has the possibility to lodge a complaint with the supervisory authority, which in the Czech Republic is the Office for Personal Data Protection (www.uoou.cz).
Consent (permission) to the use of the Contestant's records
7.4 The Contestant expressly agrees that if he/she becomes a Winner, the Promoter shall be entitled to use his/her name and surname or his/her nickname on Facebook and Instagram in media (including the internet), on social networks and in the Promoter's promotional and advertising materials in connection with the Contest and the services provided by the Promoter for a period of 5 years from the end of the Contest. The Promoter undertakes to use this information in such a way as not to diminish the value and esteem of the Contestant. The Promoter is entitled to grant the above consent (to the extent stated) to third parties.
7.5 Consent to the use of the Contestant's entries is voluntary. Consent may be withdrawn at any time by the Contestant at the above address of the Promoter's registered office or email address marketing@mediconas.cz.
7.6 The provisions of this Article of the Rules shall apply mutatis mutandis to the granting of this consent and the rights associated with it.
8. GENERAL PROVISIONS
8.1 These Rules will be available on the https://www.incare.cz/cs/ website throughout the Competition Period.
8.2 The Promoter may also be contacted at marketing@mediuconas.cz in connection with the Competition. The subject of the email must include the name of the Profile on which the Competition is being run.
8.3 By entering the Competition, the Competitor agrees to these Rules and undertakes to comply with them in full. The rights and obligations arising in connection with the Competition, which are not regulated in these Rules, are governed by the laws of the Czech Republic.
8.4 The results of the Competition are final, without the possibility of appeal. In the event of doubt as to compliance with the Rules, the burden of proving the relevant facts rests with the Contestant.
8.5 The Promoter is not responsible for any technical problems in the transmission of data via the internet or other electronic means.
8.6 The Promoter reserves the right to amend or modify the Competition Rules or to shorten, extend or cancel the Competition altogether at any time without giving any reasons and without providing any compensation, and without any claim by the Competitors against the Promoter. Any such amendment to the Rules or to the terms and conditions of the Competition will be made by written numbered amendments effective upon publication on https://www.incare.cz/cs/. 61. Changes will only be made by the Promoter for exceptional reasons, in particular in response to circumstances beyond the Promoter's reasonable control, including technical or legal reasons, and provided that the Promoter will always seek to minimise the impact on the Competitors.
8.7 Payment of cash in lieu of Prizes is not possible and the Competitor is not entitled to claim an exchange of Prizes. The Promoter shall also not be liable for any loss or damage which the Competitor may suffer in connection with their participation in the Competition or the use of any Prize won. The Promoter has the right to replace the Prize with a similar prize. Prizes in the Competition cannot be claimed by legal action and there is no legal claim to the Prize.
8.8 This Competition is in no way sponsored, endorsed, evaluated or administered by, or associated with, Facebook, Instagram. The operators of these networks do not have any obligations or liabilities to entrants in connection with the Competition; entrant understands that they are providing their information to the Promoter and not to the operators of these networks.
In Prague on 21 August 2024
