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Giveaway Terms And Conditions

Last updated April 22, 2024 

The Terms and Conditions of the Giveaway of the company Sparta d.o.o.

The organizer of the giveaway is Sparta d.o.o., Za Mošenikom 12, 4290 Tržič, TN: SI90978633

1. WHO CAN PARTICIPATE IN THE GIVEAWAY

The prize draw is open to all, except those who are employees of the organizer of the giveaway and their family members.

2. HOW TO PARTICIPATE IN THE GIVEAWAY

Each individual may participate in the giveaway only one (1) time. The conditions that each individual must meet in order to participate in the giveaway are:

  • Follow TikTok profile The Smartestway
  • Comment under the main giveaway video on TikTok profile (individual must tag at least 3 friends/other people)
  • Registration to the Smartestway web or mobile application

By participating in the Giveaway, the Participant has fully accepted these Terms and Conditions and the General Terms and Conditions of Participation in the Giveaways and has agreed with them.

3. DURATION OF THE GIVEAWAY

The giveaway will run from 06.03.2024 to 20.03.2024.

4. PRIZE FUND AND AWARDING OF PRIZES

The prize pool, worth a total of €1.349,79, includes:

  • Grand Prize: 1x iPhone 15 128GB Black worth €899.99,
  • 10 yearly Premium subscriptions to use The Smartestway app worth 10 x €39.00 = €390.00 and
  • 20 Smart Notebooks worth 20 x €2.99 = €59.80.

The prize is awarded to the person who will be picked by a computer lottery or manual lottery in the presence of 2 members of the commission. The draw will be entered by all those who have fulfilled the conditions mentioned under 2. HOW TO PARTICIPATE IN THE GIVEAWAY.

5. PAYMENT OF THE PRIZE IN CASH AND TRANSFER OF THE PRIZE

It is not possible to exchange the prize for cash. It is not possible to transfer the prize to a third party.

6. TAXES AND INCOME TAX PAYMENT

Prizes are taxed under the Income Tax Act (ZDoh-2), and the prize is taxed as other income under that Act. In accordance with Article 108 of the Income Tax Act, the advance payment of income tax is not included in the annual income tax base if the value of the prize does not exceed € 42.00. For prizes exceeding the total value of €42.00, the winners are obliged to provide the organizer of the prize competition with the following information: name and surname, address of residence, tax number and e-mail address.

If the winner is a foreigner who does not have a Slovenian tax number, they must present an identity document from which identification information can be obtained (name and surname, address, place of residence, country of residence, country of tax residence, ID document number, identification number for tax purposes assigned in the country of residence).

In addition to the above, the foreign winner who has a Slovenian tax number must also attach their Slovenian tax number (Article 35 of the Tax Procedure Act (ZDavP-2)).

For the winners, the value of the prize above € 42.00 is included in the annual tax base for the assessment of income tax. In accordance with the Income Tax Act, prizes in excess of €42.00 are taxed at the rate of 25% of the prize value increased by the withholding factor (1,3333333). The calculation and advance payment of income tax is carried out by the awarding authority. If the amount of the calculated income tax advance is less than €20.00, the income tax advance is not deducted and not paid, but the value of the winnings will be added to the annual tax base for the assessment of income tax. The organizer warns the winners that there is a possibility that they will be allocated to a higher income tax bracket due to receiving the prize. The withholding tax is deducted at the same time as the accounting of other income in accordance with the applicable regulations. In this regard, the organizer of the prize draw does not assume any other costs, except those defined in the respective rules of the prize draw, which means that the organizer does not have any additional obligations in respect of any additional payment or refund of income tax on the basis of the winner’s annual income tax assessment, as all other possible tax obligations are borne by the winners. At the end of the income tax year, the organizer of the prize contest also informs the winners of the amount of the prize received for the purpose of income tax declaration.

7. NOTIFICATION AND DELIVERY OF PRIZES

Prizes will be given out in person.

Prior to the awarding of prizes, the organizer of the prize contest contacts the winners so they can provide the remaining necessary personal data within 15 days: name and surname, address, telephone number, e-mail address, and to sign a statement that they agree to the recording and display of the video that will be created during the personal acceptance of the prize, and that they agree to the publication of this video on TikTok and Instagram profile of the organizer of the prize contest and other websites of The Smartestway.

8. RESPONSIBILITY

The organizer and people participating in the prize competition do not assume any responsibility for: 

  • for any damage arising from the object of the prize or damage suffered by the participant as a result of logistical obstacles, technical problems and faults in the internet connection that would occur at the internet service provider, 
  • any consequences that the participant would suffer as a result of participating in the prize draw,
  • undelivered shipments with prizes,
  • for any technical errors or other errors in the subject matter of the prize. The quality or faultless operation of the prize object within the warranty period is guaranteed by the manufacturer of the prize object,
  • for incorrect operation of the object of the prize game, which is the result of incorrect use and ignorance of the user, 
  • for the non-functioning of the organizer’s website and the consequences of non-functioning, regardless of the reason for malfunction.

9. PRIZE GAME RULES

By participating in the prize draw, participants confirm that they are aware of these rules and undertake to comply with the rules of the prize draw. In the event of any dispute or ambiguity, these rules shall prevail over any other publication, whether in print, electronic or any other form.

10. USE OF PERSONAL DATA

The winners of the prize give permission to publish their personal data (name and surname) on the website (thesmartestway.com), Instagram profile (instagram.com/thesmartestwaycom/), TikTok profile (tiktok.com/@the_smartestway) and other websites of The Smartestway. The list of winners is kept by Sparta d.o.o., Za Mošenikom 12, 4290 Tržič, which is the manager and owner of The Smartestway brand. By participating in the prize draw, the participant of the prize draw authorizes the organizer to collect, process and store the personal data provided, in accordance with the Personal Data Protection Act (ZVOP-1).

The organizer undertakes not to pass on personal data to third parties, unless this is necessary for the performance of the prize draw.

By participating in the competition, the participants agree that the Organizer, as a database manager, manages, maintains and controls the personal data of individuals in accordance with the Privacy Policy of company Sparta and the applicable legislation governing the protection of personal data (ZVOP-1 and the General Regulation of the EU – GDPR).

Participants have the right to access, supplement, rectify, block or restrict processing, erasure, portability and objection (including the right to lodge a complaint with the Information Commissioner and judicial protection of rights) regarding the personal data relating to them. Participants can request the exercise of their rights with the Contest Operator by sending a written statement to hello@thesmartestway.com or by mail to the address Sparta d.o.o., Za Mošenikom 12, 4290 Tržič.

11. WITHDRAWAL OF PARTICIPATION

 Participants may at any time request to cancel their participation in the prize game. The participant requests removal in writing to the address of the organizer: Sparta d.o.o., Za Mošenikom 12, 4290 Tržič.

12. RESOLUTION OF COMPLAINTS

All complaints are resolved by the organizer of the prize game. In the event of justified complaints, the organizer undertakes to eliminate them as soon as possible and to inform the participant thereof. 

13. FINAL PROVISIONS

The organizer reserves the right to change the rules if this is required for reasons of a technical or commercial nature or reasons on the part of the public. The organizer will inform participants about all changes and novelties of the prize game by posting on Instagram profile (instagram.com/thesmartestwaycom/), TikTok profile (tiktok.com/@the_smartestway) and on the website thesmartestway.com.

These Terms shall enter into force on 03rd March, 2024.

Updated: 22th April ,2024.

Tržič, 19th February, 2024.

Sparta d. o. o.
Vladimir Balukčić,
Director

 

GIVEAWAYS 2024

  • TikTok 20.3.2024: iPhone: Mila Strah
  • TikTok 20.3.2024: Letna naročnina: Elza Abram, Eduard Bytyqi, Niko Grošelj, Aleksander Jesenučnik, Nik Rupnik, Asja Rosulnik, Pina Siler, Izidor Lebar, Emma Metličar, Maksimilian Ilajš Wolf
  • TikTok 20.3.2024: Smart Zvezek: Maks Kučera, Nik Krotmajer, Anže Jesenko, Bor Cokan, Neja, Zoja Kosec, Taja Golob, Iza Koščak, Jon Gantar, Zala Guček, Gresa Bajraktari, Luj Čuk, Nika Blabla, Mlakar Danijel, Tonka Novak, Mija Rednak, Jan Čučko, Klara Meznarič, Jan Raduha, Žan Cek