Terms of Service of GiveawayPilot
1. Introduction and definitions
- These terms govern the use of the GiveawayPilot platform (https://giveawaypilot.com) for creating and managing prize giveaways (the “Platform”).
- The Provider is the operator of the Platform, WebforRent s.r.o., registered address Tatranská 2, 040 01 Košice, company ID: 50461052, registered in: Obchodný register Mestského súdu Košice, oddiel Sro, vložka č. 39733/V, VAT ID: SK2120335624 (registrácia podľa § 7a zákona o DPH, neplatiteľ DPH), e-mail: [email protected].
- The Host is a business or other organization to which the Provider has granted access to the Platform and which runs giveaways on it. The Host's owner accepts these terms on the Host's behalf in the application; acceptance creates a contract between the Provider and the Host.
- A User is a person with an account whom the Host has added to its organization (owner or editor). An Entrant is a person who has entered a giveaway.
- The terms “controller” and “processor” are used in these terms and in the data processing agreement only in the meaning of the GDPR: for Entrants' personal data, the Host is the controller and the Provider is the processor.
- The Platform is intended only for business or organizational use, not for consumers.
2. Service
- The Platform lets the Host in particular create a giveaway page and official rules from a template, collect and verify entries, draw winners and alternate winners in a verifiable way, announce results, send and track discount codes and, depending on the plan, create a draw certificate, a draw replay, social media images and giveaway reports.
- The Provider provides the technical environment only. It is not the host of the giveaways, does not provide prizes or discount codes and is not responsible for the content of giveaways or their legal compliance.
- The scope of the service depends on the plan (Free, Pro, Business) - in particular the maximum number of Entrants in the draw of one giveaway and the available features. Paid plans and additional services are ordered and invoiced under an individual agreement.
- On the Free and Pro plans, the giveaway page shows a “Runs on GiveawayPilot” badge linking to the Platform; on the Business plan the Host may hide it.
- The Provider may list active giveaways in the giveaway overview on the Platform and link to them.
3. Host obligations
- The Host is the host and organizer of each of its giveaways. It is responsible for their compliance with the law of every country where the giveaway is offered or promoted (in particular consumer protection, advertising, gambling, prize promotion and data protection law), for the accuracy of information, delivering prizes, providing and honoring discount codes and meeting tax and other obligations.
- The Host must not create giveaways that constitute gambling (entry conditional on a stake, payment or purchase), are misleading, contrary to good morals or to the rules of the social networks where the giveaway is promoted (for example Meta's promotion guidelines).
- The Host must not make entry conditional on sharing a post, tagging other people or any other activity on social networks. On social networks, the Host states that the giveaway is not sponsored or administered by the network and refers to the official rules.
- Age-restricted prizes (for example alcohol) may only be delivered to a person of legal age. Prizes must be described truthfully and completely.
- The Host details (company name, address, company ID, contact e-mail) must be true and up to date - they are shown in the official rules.
- The Host follows the official rules: it draws without undue delay after the giveaway ends, disqualifies Entrants and removes the right to a prize only for reasons stated in the rules and delivers prizes to the winners drawn.
- If a giveaway offers a discount code for Entrants who do not win, the Host honors it under the conditions stated in the e-mail with the code. The Host sets the validity so that the code is valid at least until the results are sent and for a reasonable time afterwards, and makes sure there are enough imported codes. Instructions and the link with the code serve only to redeem the code - they must not contain other advertising.
- The Host may use Entrants' contacts for marketing only within the consent the Entrant gave to the Host and must be able to prove the consent.
- The Host holds the rights to content it uploads to the Platform (texts, images, logos, wording of its own consents) and grants the Provider a free non-exclusive license to display it on the giveaway page, in the giveaway overview and in Platform e-mails for the duration of the giveaway and the retention of its data.
- The Host protects its Users' login details and is responsible for their actions on the Platform.
4. Personal data
- For Entrants' personal data, the Host is the controller and the Provider is the processor. Their relationship is governed by the data processing agreement the Host concludes together with these terms.
- For an Entrant's consent to receive news from GiveawayPilot, the Provider is the controller.
- The Provider processes the personal data of Users and the Host's contact persons as a controller in accordance with the Platform's privacy policy.
5. Availability and liability
- The Provider aims for continuous availability of the Platform but does not guarantee it. Planned maintenance is announced in advance where possible.
- The Provider is not liable for lost profits or indirect damages. The Provider's total liability is limited to the amount the Host paid for the service in the last 12 months; this does not apply to damage caused intentionally or through gross negligence.
- The Provider is not responsible for decisions of social network operators (for example removal of a giveaway post) or for third-party services through which the Host redeems codes.
- The Host compensates the Provider for damage and costs arising from third-party claims (in particular by Entrants and supervisory authorities) due to the Host's breach of section 3.
6. Suspension and blocking
- The Provider may suspend or block a giveaway or the Host's access if it breaches these terms or the law, or where necessary to protect Entrants. The Provider will inform the Host of the reason.
- A blocked giveaway is not shown publicly and no draw takes place; Entrants' data are handled in accordance with the data processing agreement.
7. Term and termination
- The contract is concluded for an indefinite period.
- The Host may terminate it at any time by notifying the Provider. The Provider may terminate it with 30 days' notice, or with immediate effect in case of a serious breach of these terms.
- Giveaways launched before termination are completed by the Host (draw and prize delivery) unless agreed otherwise with the Provider. The data are then handled in accordance with the data processing agreement.
8. Changes
The Provider may change these terms. The new version is published on the Platform and the Host accepts it before further work with giveaways; if it does not agree, it may terminate the contract. Running giveaways follow the official rules valid when they were launched.
9. Governing law
These terms are governed by the laws of the Slovak Republic, in particular the Slovak Commercial Code. Disputes are decided by the competent courts of the Slovak Republic. Communication takes place by e-mail to the addresses stated on the Platform.