Rules of the “E-Vignette Refund” Prize Game

 

Article 1
(Prize Game)

The rules set out in this document (“Rules”) regulate the implementation of the prize game entitled “E-Vignette Refund” (“Prize Game”), which is organised by Družba za avtoceste v Republiki Sloveniji d.d., Ulica XIV. divizije 4, 3000 Celje, registration No.: 5814251; VAT ID No.: SI92473717, registered with the District Court of Celje under entry No. 1/06158/00, with a share capital of EUR 2,086,559,144.07 (“Organiser” or “DARS”).

The Prize Game is carried out in order to promote the sale of annual e-vignettes via the DARS online shop at https://evinjeta.dars.si (“Online Shop”).

The Prize Game runs from 5 December 2023 to 31 December 2024.

Article 2
(Who Can Participate)

This Prize Game is open to Online Shop users who purchase an annual e-vignette from the Online Shop at any time during the period of this Prize Game, i.e. from 5 December 2023 to 31 December 2024, and who meet all other conditions for participation in this Prize Game as defined in Article 3 hereof.

Article 3
(Other Conditions for Participation)

Other conditions to be met by the participant:

• they must be a natural person,
• they must be a registered user of the Online Shop who has given their consent to participate in the Prize Game,
• they must not be employed by or a member of the supervisory body of the Organiser,
• they must not participate in the preparation or implementation of this Prize Game.

The participant must meet the condition from the second indent of paragraph 1 at least on the day the draw is held and at the end of the draw, and the winner must also meet the same condition until the moment of awarding or collecting the prize, as well as the conditions from the third and fourth indents for the entire duration of this Prize Game.

Article 4
(How to Participate)

Users of the Online Shop who meet all the cumulative conditions for participation from Articles 2 and 3 of these Rules will be automatically entered in the Prize Game, which runs from 1 December 2023 to 31 December 2024, based on the time of their purchase in accordance with Article 6 of these Rules.

With every annual e-vignette purchased, which is a condition for participation in this Prize Game, the participant earns one additional chance in the draw.

Article 5
(Commission)

The Organiser shall appoint a three-member commission (“Commission”) within one month from the launch date of this Prize Game, which will:

• monitor the running of the Prize Game and compliance with these Rules,
• prepare a record of the draws carried out as defined in Article 6 of these Rules and keep it for 10 years from the date on which the draws were completed,
• take action in the event of suspected violations pursuant to Article 10 of these Rules.

The Commission’s decisions are final.

Article 6
(Prize Draws)

The draws for the prize winners shall take place on the premises of the Organiser at Dunajska cesta 7, Ljubljana, in the presence of the Commission referred to in Article 5 hereof.

Four draws will be held according to the time periods of purchases as set out in paragraph 4 of this Article. Each draw will be carried out electronically by means of a computer program which will randomly select 25 serial numbers from a list of annual e-vignette serial numbers. There will be 25 serial numbers of annual e-vignettes drawn in each draw, and a total of 100 annual e-vignette serial numbers throughout the duration of the Prize Game.

Online Shop users can only participate in the draw in which the annual e-vignette is entered according to the date of purchase. If they have purchased more than one annual e-vignette, they participate in each draw in which each annual e-vignette is entered according to the date of purchase.

Prize draws will take place on:

• 5 April 2024, when the serial numbers of the annual e-vignettes purchased between 5 December 2023 and 31 March 2024 will be entered into the draw;
• 5 July 2024, when the serial numbers of the annual e-vignettes purchased between 1 April 2024 and 30 June 2024 will be entered into the draw;
• 4 October 2024, when the serial numbers of the annual e-vignettes purchased between 1 July 2024 and 30 September 2024 will be entered into the draw;
• 3 January 2025, when the serial numbers of the annual e-vignettes purchased between 1 October 2024 and 31 December 2024 will be entered into the draw.

Only e-vignette serial numbers of users who, on the date of the draw, meet the conditions for participation set out in Article 2 and the first two indents of paragraph 1 of Article 3 of these Rules shall be entered into the individual draw. The Commission referred to in Article 5 of these Rules shall then verify, for each annual e-vignette serial number drawn, that the conditions set out in the third and fourth indents of paragraph 1 of Article 3 of these Rules are met.

The value of the prizes is further specified in Article 8 of these Rules. Following the draw, the winners will be asked to provide the details necessary for the taxation and payment of the prize. If the winner fails to provide to the Organiser the required correct details or fails to provide them within the time limit set out in Article 7 of these Rules, the prize will be awarded to the reserve winner.

In each draw, five additional Online Shop users will be drawn who will be eligible for the prize in the aforementioned case, i.e. in the order in which they were drawn (if, for example, the correct details are not provided in time by three of the winners, the first three reserve winners drawn will be entitled to claim the prize). If the reserve winner also fails to provide the correct details to claim the prize within the time limit, the prize will remain unclaimed.

Article 7
(Announcement and Notification of the Prize Winners)

The Organiser shall announce the outcome of the draw and the winners (name, surname and place of residence) at https://www.dars.si/Nagradna_igra no later than five (5) working days after the draw has been held, and will update this announcement with information about any reserve winners after the expiry of the time limit laid down in the third paragraph of this Article.

The Organiser shall notify the winners about the outcome of the draw and shall send a request that they provide the details necessary for the taxation and payment of the prize to the email address or any other contact details processed by the Organiser in the database holding the personal data of the Online Shop users.

Within seven (7) days from the date on which the notification referred to in paragraph 1 of this Article has been sent to the winner at one of the winner’s contact details, the winner shall provide to the Organiser the following details:

• Name and surname,
• Address of permanent residence,
• Tax number,
• Bank account details.

If the winner is a foreigner who does not have a Slovenian tax number, they shall also submit a photocopy of an identity document showing identification data (name and surname, address, place of residence, country of residence, country of tax residence, identity document number, identification number for tax purposes assigned in the country of residence).

Non-residents who have a Slovenian tax number shall, in addition to the above, also attach their Slovenian tax number (Article 35 of the Tax Procedure Act – ZDavP-2).

Pursuant to the provisions of point three of paragraph 3 of Article 105 of the Personal Income Tax Act (ZDoh-2), sweepstakes winnings are considered to be other income of a natural person.

The Organiser shall calculate and pay the personal income tax prepayment, as a withholding tax, on the prize paid to the winners in the amount of the annual e-vignette purchase price in accordance with the Personal Income Tax Act. The prize amount shall be included in the recipient’s tax base. Any additional personal income tax payments due under the annual decision on personal income tax assessment shall be payable by the winner. The Organiser would like to remind the participant of the possibility that they may fall into a higher income tax category as a result of receiving the prize.

Article 8
(Prizes)

From among all participants who meet all the conditions for participation in this Prize Game laid down in these Rules, the Organiser shall draw, in the presence of the Commission, the winners who will receive the prize set out below, subject to the conditions specified in these Rules.

In this Prize Game, the Organiser will award a prize in the amount of the purchase price of an annual e-vignette.

The dates of the draws are listed in Article 6 of these Rules.

The procedure for the collection and award of individual prizes is defined in Article 9 of these Rules.

Article 9
(Collection and Transfer of the Prize)

Within twenty (20) days of the draw, the Organiser shall transfer the amount set out in Article 8 hereof to the bank account of the winner who has submitted to the Organiser the personal data referred to in Article 7 of these Rules in good time.

The prize will not be awarded if the winner:

• violates the rules within the meaning of Article 10 of these Rules,
• expresses, in writing or orally, their wish to waive the prize.

In any case, the prize cannot be:

• transferred to a third party,
• exchanged for a different prize.

Article 10
(Violation of the Rules)

If it becomes apparent prior to the draw that a person or participant is attempting to obtain entry or has obtained entry into the Prize Game or the award of the prize in violation of these Rules or the law, the Organiser may prevent them from entering the Prize Game and may not award the prize to them.

If the violations referred to in the preceding paragraph of this Article are discovered after the draw has taken place, the Organiser shall not be obliged to award the prize to the violator.

If the prize has already been awarded and it is revealed that the winner obtained the prize through the violations referred to in the first paragraph of this Article, the Organiser may demand the immediate return of the prize and compensation for any damage caused.

Article 11
(Personal Data)

The Organiser is the data controller of the personal data contained in this Prize Game and will treat the personal data with due care and diligence, and will process such data in accordance with the applicable law governing personal data protection. The Organiser processes the following personal data of the participants: name and surname, email address, tax number, street, house number, house number extension, post code, place, telephone number, vehicle registration number, bank account details.

The Organiser processes the data on the basis of the Privacy Policy of Družba za avtoceste v Republiki Sloveniji d.d., specifically point 28 (You participate in a prize game) under section 1 (Categories of personal data processing operations).

In addition to the indicated data, the Organiser shall also process the other data referred to in Article 7 of these Rules.

Personal data is used for the purposes of keeping the records of the Prize Game Organiser and for contacting participants in connection with the Prize Game, while the winner’s personal data from Article 7 hereof is also used for tax purposes (prepayment of personal income tax, etc.) and for the purposes of the delivery or payment of the prize.

The rights of data subjects with regard to the protection of personal data are laid down in the Privacy Policy.

If the Online Shop user requests the erasure of their personal data before the end of the Prize Game, they will be deemed to have withdrawn from the Prize Game. The participant may exercise any and all rights under this paragraph by writing to: DARS, d.d., Ljubljana, Dunajska cesta 7, 1000 Ljubljana. Within 15 days of receipt of the request at the latest, the participant’s personal data will be erased or rectified accordingly.

The personal data on the documentation used for income tax calculation purposes in accordance with tax law (withholding tax return (REK) forms, Prize Game rules, record of the draw with all the details), information about the type of prize and its value, and the recipient’s details (name, surname, address, tax number, bank account) shall be kept for 10 years from the end of the Prize Game. The withholding tax return (REK) form and the pay slip shall be kept permanently.

If the participant requests the erasure of their personal data before the expiry of this period, the Organiser may still have to process their personal data if there is another legal basis for the processing.

Article 12
(Withdrawal from the Prize Game)

The participant may withdraw from the Prize Game by withdrawing their consent to participate at least one working day before the draw by cancelling via their Online Shop account.

Failure to provide the Organiser with the required details within the time limit specified in these Rules, or the provision of incorrect or incomplete details to the Organiser, shall also be deemed to be a withdrawal from the prize.

Article 13
(Limitation of the Organiser’s Liability)

The Organiser shall not be liable for the implementation of the Prize Game, the awarding of the prize or any damage:

• if the Prize Game is prohibited or prevented by national authorities or bodies exercising public powers,
• if the implementation of the Prize Game is prevented by providers of other IT services which are a technical prerequisite for the implementation of the Prize Game and/or by other providers on whom the implementation of the Prize Game depends,
• if the implementation of the Prize Game is the result of violations [Alkemist1] of Article 10 of these Rules,
• in other cases of force majeure which make it impossible to carry out this Prize Game.

The Organiser shall notify participants of the occurrence of the circumstances referred to in the preceding paragraph at the website https://dars.si/Nagradna_igra.

Article 14
(Dispute Resolution)

Any disputes between the Organiser and the participant shall be settled amicably or, in the event of failure, before a court of competent jurisdiction in Ljubljana.

 

In Ljubljana, 4 December 2023

 

DARS d.d.