The Complete “Metalshop's Metalhead of the Year” contest conditions

This document contains the complete terms and conditions of “Metalshop's Metalhead of the Year” contest (hereinafter referred only as “the Contest”). This document is, with the only exception of the voting rules, the only document bindingly governing the rules of the Contest.

I. Name of the Contest

Metalshop's Metalhead of the Year 2019

II. Organizer of the Contest

The Organizer of the Contest is METALSHOP, s.r.o., based in Bystřice 174, ZIP: 739 95, Bystřice, Czech Republic, CRN: 28574699, enrolled in Czech Business register on the County Court Ostrava, under the section C, part 32711, E-mail address web@metalshop.cz (hereinafter referred only as “the Organizer”).

III. Contest period

The Contest starts on 11.09.2019, at 00:00:00 and concludes on 02.10.2018, at 23:59:59 (hereinafter only referred as “the Contest period”).

IV. Conditions for entering the Contest

This Contest is open solely for men, 18 years of age or older who meet these conditions and are not for any reason excluded from participation (hereinafter referred only as “the Contestant”).

Every Contestant can enter the Contest only once during the Contest period and with only one photograph. The Contestant proclaims that the photograph with which he enters the Contest is an actual photograph of the Contestant. Said photograph must match the actual appearance of the Contestant (with reasonable consideration for make-up and such). The Contestant must enter the Contest with a photograph no older than 1 year. Photograph must show only the Contestant and no other person. Every photograph must meet these conditions, current legislation and general moral principles. Photographs in violation of these condition, legislation or general moral principles are going to be excluded from the Contest.

It is necessary to fully adhere to these rules in order to participate in the Contest. Employees of the Organizer or employees of any agencies responsible for running or management of the Contest as well as persons close to those employees in question are excluded from entering the Contest in accordance with paragraph 22, Act No. 89/2012 Coll., of the Civil Code (hereinafter only referred as “the Civil code”).

From the Contest are going to be excluded Contestants that do not fully meet the required conditions of the Contest. Those Contestants, that are going to be suspected of manipulation with votes in any way are going to be excluded as well as those that are going to be found guilty of any violation of these conditions. The Organizer also reserves the right to exclude any Contestant from the Contest due to any reason the Organizer considers to be serious.

In an event of a person excluded from the Contest becoming the winner of the Contest, the prizes are not going to be granted that person.

The assessment of photographs entered to this Contest belongs to the Organizer and the Organizer’s decision is the final one.

V. Principle of the Contest

Entering the Contest

The Contestant enters the Contest by sending his photograph to the Contest through the website interface accessible through metalhead.metal-shop.eu. The Contestants may send their photographs to the Organizer during the following time-period: 11.9.2019, 00:00 – 18.09.2019, 23:59. Any photographs sent after the abovementioned time-period are not going to be allowed to enter the Contest.

Every Contestant is obliged to provide the Organizer his nickname, E-mail address and a photograph with which he wishes to participate in the Contest. It is not mandatory to provide the Organizer one’s full name and address. Contestant’s nickname is going to be visible under his photograph, eventually also with the address and full name, should the Contestant share this information with the Organizer also. The Organizer proclaims that the Contestants’ E-mail addresses are not going to be shared nor made visible or provided to third parties.

Voting in the Contest

All photographs that are not going to be excluded from the Contest by the Organizer due to the violation of the Contest’s conditions are going to be published by the Organizer no later than on 18.09.2019, 23:59:59 on the Organizer’s websites. Voting in the Contest is going to be allowed from this point onwards.

Every voter may vote in the Contest multiple-times, although only one vote per day per contestant is allowed. Every voter is obliged to provide his or hers E-mail address to which a confirmation E-mail is going to be sent by the Organizer. Every vote in the Contest is going to be accounted for only after the authorization itself has been successful through the link sent in the confirmation E-mail.

VI. Prizes and their takeover

After the Contest has been concluded, the winner of the Metalshop's Metalhead of the Year 2019 and the winner of the online vote are going to be announced in a following manner:

1. Metalshop's Metalhead of the Year 2019

10 Contestants with highest number of votes assigned to the photographs provided by them are going to advance into the final round of the Contest. From these 10 Contestants the Metalshop's Metalhead of the Year is going to be chosen by the professional, seven-member jury composed by the Organizer.

The name of the Metalhead of the Year is going to be published on the Organizer’s website no later than on 5th of October, 2019

The winner of Metalshop's Metalhead of the Year is going to receive following prizes:

• Metalhead of the Year title and an exclusive photo-shoot with Metalshop
• An opportunity to become the official Metalshop face for the year 2020 – participation in promotional materials and a possibility for further collaboration
• A voucher worth 200 euros (5000 CZK) for any goods from Metalshop
• 2 tickets for the 2020 Brutal Assault music festival (CZ)
• An option to conduct an official interview for Metalshop TV

2. Winner of the online vote

The winner of the online vote is going to be the Contestant, who is going to receive the highest number of votes assigned to the photograph with which he entered the Contest.

The name of the online vote winner is going to be published on the Organizer’s website no later than on 5th of October, 2019

The winner of the online vote is going to receive following prizes:

• A voucher worth 115 euros (3000 CZK) for any goods from Metalshop

It is possible for one single Contestant to win both of the abovementioned titles, granted all the necessary conditions provided here are met.

Winners are going to be contacted by the Organizer within three working days, counted from the day of the Contest’s conclusion. The Organizer is going to inform the winners via E-mail address provided to the Organizer by the Contestants and at the same time the final-results are going to be shared at the Organizer’s website. The Contestants, who are going to be selected as the winners are going to be asked to share with the Organizer their full names, phone numbers and post addresses.

In case that any of the selected winner is not going to either respond to the Organizer or is not going to be willing to share with the Organizer all the information necessary for the takeover of the prizes within 30 days from the day of the Organizer contacting them, the prizes are going to be forfeit and are not going to be granted to the selected winners. The organizer is entitled to choose as the winner the very next Contestant in the ranking.

The Organizer does not bear any responsibility for the eventual non-functioning of the contact address, nor does he bear any responsibility for any other reason due to which the Organizer is not going to be able to contact the winners.

Prizes are going to be dispatched through the services of Česká pošta s.p. (Czech Post), with registered office in Prague 1, Politických vězňů 909/4, ZIP: 22599, CRN: 47114983, no later than 1 month after the date when all the necessary information has been provided to the Organizer. The Organizer is not responsible for unsuccessful delivery of the prizes in an event of the possible delivery address change, nor is the Organizer responsible for a unsuccessful delivery when the winner is not found at the address provided. The Organizer is not responsible for loss, non-delivery, delay in delivery or damage of the prizes sent through the services of Česká pošta s.p. In case of loss, non-delivery, or prize damage, the Organizer is going to initiate a complaint proceeding with Česká pošta s.p. only after a written request from the winner is received by the Organizer.

VII. Copyrights, licenses

By submitting a contribution to the Competition, e.g. by providing a photograph to the Organizer, the Competitor declares that he is the sole holder of the rights to all objects of protection under the Act No. 121/2000 Coll., the copyright law in accordance with the photograph provided or that he is entitled to grant those right under these rules. The Competitor declares that by granting the license or sub-license below, no rights or legitimate interests of third parties are going to be infringed nor any injury and / or non-material damage is going to be caused to the Organizer or any other person and in case of any such occurrence, the Competitor is going to commit to fully paid for any such damage and / or non-material damage to the person to whom it was incurred upon.

The Competitor grants to the Organizer a non-exclusive license or eventually a sub-license (irrespective of the nature of these licenses, hereinafter only referred as “the License”) by submitting a photograph. The License is granted without any limitation, but only for the duration of the Contest and for the next three months after the Contest’s conclusion. The Contestant agrees with the publication of the photograph provided by him. The Contestant also agrees with any additional adjustments appropriate for the photographs’ publication in the Contest and with the photograph’s association with other Organizer’s works. The Organizer is entitled to grant a sub-license to third parties, should it be necessary or appropriate for the organization of the Contest. The Contestants have no rights for any remuneration for granting the license to the Organizer. The only renumerations for the Contestants are those resulting explicitly from these conditions.

By entering the Contest, you give your consent to use and share your likeness from the photograph. By withdrawing this consent, the contract as in accordance with these rules is terminated and your exclusion from the Contest is immediate.

VIII. Rights and obligations of the Organizer

The Organizer reserves the right to exchange any previously declared prize for a similar one in type and value. Prizes are not interchangeable for money or any other prize. The prizes are not transferable to another person.

The Organizer’s liability for any defects of prizes are governed by the relevant provisions of the Civil Code. The Organizer is going to secure the payment of a possible withholding tax which is applicable for the prizes in accordance with the applicable law.

IX. Personal data

The Organizer hereby informs the Contestants about the procedure of the personal data processing. This information is a part of the Contest’s rules and therefore also a part of the contract between the Organizer and individual Contestants. The Contestant enters the contract with the Organizer by submitting a photograph and thus entering the Contest.

The Contestants acknowledge that by entering the Contest, the Organizer as the administrator of the personal data and company Next CRE s.r.o., with its registered office at Poštovní 244, Staré Město, ZIP: 73961 Třinec, Czech Republic, CRN:29396239, email: studio@8com.cz; (hereinafter only referred as “the Processor”) as processors of personal data are both authorized to process the personal data of the Contestants in the extent of:

• nickname, E-mail address, eventually full name and address,
• contest photograph,

and in the case of a win, also in the extent of:

• Full name,
• address,
• E-mail address,
• phone number,
• information relevant to the prizes.

The Organizer and the Processor are both entitled to process personal data for the purposes of the Contest’s organization, in particular for the purposes of verification of a proper participation of the Contestants in the Contest and their proper adherence to these conditions, the Contest’s realization and evaluation of the Contest’s results as well as for the proper announcement of the winners and for the purpose of contacting them, takeover of prizes and any further eventual collaboration. The Contestants acknowledge that the Contest is a marketing tool and therefore the submitted photographs themselves are going to be used for marketing purposes of this Contest and its further presentation.

The legal basis for the personal data processing is the contract entered by the acceptance of these rules, which is going to occur when the Contestant submits a photograph and thus enters the Contest.

Personal data is provided by the Contestants contractually rather than legally and this act is therefore completely voluntary. A failure to provide one's personal data is going to result in a failure to participate in the Contest.

All the Contestant’s personal information is going to be saved only for the time necessary, no longer than for 3 months after the conclusion of the Contest (unless the law stipules a longer period for certain personal data).

The Contestants acknowledge that the Contest runs online through the world wide web and thus an unlimited number of people is going to have a free access to the Contestants' photograph, nicknames and possibly to full names and addresses. The Contestants further acknowledge that the personal data provided may be made accessible to the Česká pošta s.p., in order to send the eventual prizes to the rightful winners.

The Contestants have the right to require from the Organizer or the Processor an access to this data, to the information about its processing, they also have the right to correct or to complete them, to transfer them to another administrator, to limit the processing itself or its deletion as well as the right to raise an objection or to file a complaint directly to the supervisory authority, which is the Czech Office for Personal Data Protection. All the necessary information is accessible through the following link: www.uoou.cz/en/. Contacts of the Organizer and the Processor are mentioned above.

The Contestants’ personal data is not going to be forwarded to any third country (although it may be accessible there online through the internet). There are not going to be any automated decision making, nor profiling.

X. Publication of the Contest’s rules, applicable law, final provisions

The Contestant has access to these rules and proclaims that he is going to adhere to them fully.

The Contest’s full conditions are going to be accessible for the whole duration of the Contest from the following link: Full Conditions. The Organizer reserves the right to adjust or change the Contest’s rules at any time or to completely terminate the Contest without giving any further explanation and without any compensations what so ever.

This Contest and the legal obligations and relations resulting from it are governed exclusively by the Czech law.

There are no additional costs involved in this Contest, The Contestants bear only the usual, reasonable costs such as the costs of internet connection and the reasonable costs associated with the pick-up of the eventual prizes.

Due to the free accessibility of the submitted photographs via the internet, the Organizer is not responsible for their possible download and use by third parties.

In Třinec, Czech Republic, on the 11th of September 2019

METALSHOP.CZ, s.r.o.

Voting rules

Thank you for choosing to vote in our Metalshop's Metalhead of the Year 2019 competition. The voting rules stated below serve to keep the Contest proper.

By providing your email address, you accept these rules, which means that between you and METALSHOP.CZ, s.r.o. (see below) has been created a contract. You also declare that you have become familiar with the information about the protection of personal data, as outlined below.

Every voter can vote only once a day for a single photo (one vote per photo per day).

In order to maintain the regularity of the Contest, we need your email address to send an authorization link to. Through this link, we can ensure that the voting rules are respected. In order to ensure a fair voting, we will also check the IP address from which you will vote.

How validation works

We will send you an authorization code to the email address, that you provided. Once you have received an email, please click on the authorization link through which your verification will take place. If you skip this step, your vote will not be classified into the competition.

If we suspect vote manipulation, we are entitled to exclude the vote and the voter from voting. The assessment of whether the votes were manipulated with is entirely within the competence of the contest Organizer and his decision is final.

Since we will process your personal data, namely the email address and the IP address, we would like to inform you about the processing of your personal data.

Protection of personal data

The Organizer, METALSHOP.CZ, s.r.o. company with office in Bystřice 174, 739 95 Bystřice, CRN 28574699, enrolled in the Commercial Register of the Regional Court in Ostrava under the document No C 32711, email address: sklad@metalshop.cz, as a personal data administrator (hereinafter referred to as "the Administrator"), in accordance with the European Parliament and of the Council Regulation No 2016/679 of 27 April 2016, the General Data Protection Regulation (hereinafter referred to as "the Regulation"), will process your personal data to the extent of: the email address, the IP address, and any other personal information you will provide.

Purpose and legal basis of processing, storage period

We will process your personal data only for the purpose of voting in Metalshop's Metalhead of the Year 2019 Competition and for checking the validity of this vote.

We will cease processing your personal information immediately after the end of the Contest.

This contract is the legal basis for the processing of your personal data, along with the legitimate Administrator's interest in the proper conduct of the Contest.

Recipients of personal data

We do not forward or make available your personal information to third parties, except the data Processor - the next CRE s.r.o. company with office in Poštovní 244, Staré Město, 739 61 Třinec, CRN 293 96 239, E-mail: studio@8com.cz

Another exception is the eventual handover to a state authority imposed by law (e.g. the Czech Police).

We will not share your personal data with any third country or international organization, which does not provide adequate personal data protection.

Your other rights in relation to personal data protection

You have several rights in relation to the processing of personal data. You may ask us any time in writing (e.g. by email) to confirm that your personal data is being processed and if they are, you have the right to access to information about these personal data. You have the right to correct inaccurate or to complete incomplete personal information.

Due to the regulation conditions, you have the right to request a limitation of the processing of your personal data or their deletion. Furthermore, you have the right to transfer personal data to another administrator. In case we process personal data because it is necessary for our legitimate interest protection, you have the right to object.

We process the personal data fairly and transparently. However, if you have a different opinion, you always have the right to contact The Office for Personal Data Protection. All information as well as contact can be found on: https://www.uoou.cz/(for Slovakia - Office for the Protection of Personal Data of the Slovak Republic - https://dataprotection.gov.sk/uoou/).