Terms and conditions
General terms and conditions governing the relationship between the operator and player RPMK, s.r.o., registration number: 50226827, based in Zarevúca 257/21 Ružomberok 034 01, Slovakia; registered in Commercial Register at District Court Žilina, section: Limited Liability Company, file no.: - company operating and responsible for internet website www.tom-bol.com, further (“operator” ). Provider of online raffle, organised under section §3, paragraph 4, letter f), Law No. 171/2005 Coll. about gambling and amendment to certain laws.
Article I Subject
1. The purpose of these general terms and conditions is to regulate the rights and obligations of persons to whom is created player account; player of RPMK company; at (i) operating services provided by the operator during sale of raffle tickets operated via internet (further "internet raffle" ) at www.tom-bol.com website and at all its sub-pages (further "www.tom-bol.com"; (ii) operating of internet raffles by RPMK, player participating at internet raffles, or other contractual conditions between RPMK and a person to whom is created a player account.
2. Operator of provided services enables the player in particular:
a) To create a player account, which is in form of a registration.
b) To transfer funds to the respective player account to the extent determined by these general terms and conditions. Player can use the funds at own will as deposit in various raffles, as allowed by game plan, and in scope of RPMK services provided to players, at conditions and limits determined by these terms and conditions.
c) To use the funds transferred to the relevant player's account at own free choice, to cover the raffle ticket at any internet raffle to the extent and under the conditions determined by particular game plan and these general terms and conditions. When a player buys a raffle ticket or undertakes other activities necessary to participate in the raffle, the funds at the account are limited at the minimum value of raffle ticket.
Article II Creating player account
1. Player account will be created for the player if:
a) Player express his agreement with these general terms and conditions; with the agreement to these general terms and conditions the player confirms and declares that:
- he is fully capable to all and any legal actions related to player’s participation at internet raffle
- as a player, resp. person to whom is player account created, meets all conditions required by valid legal order, resp. game plans, to enable participation in the relevant game,
- fully and unreservedly accepts these general terms and conditions,
- is aware in the full extent that by creation of a player account, a contract is concluded between the person for whom is player account created (player) and RPMK company; The subject includes the mutual rights and obligations of such persons and RPMK company, defined by law no. 171/2005 law on gambling and amendment to certain laws, the game plan of gambling games operated via internet respectively game plan of lotteries, and these general terms and conditions.
- in case of a politically exposed person according to Law no. 297/2008 Coll. on protection against legalisation of income from crime and the protection from financing of terrorism, and on change and amendments to certain laws; the person shall immediately and before the moment of any funds transfer to the player’s account and before participating in any gambling game using own player account, inform the RPMK company of this fact by sending email to the operator. In this case, the player commits to also refrain from transfer of any funds to his player account and refrain participation in any raffle through this player account, until the next confirmation or other instructions by RPMK company.
b) Player completes properly, correctly and fully the registration form, including:
(i) indicate own data in the following extent:
- name and surname;
- phone number;
- the address of permanent residence or other residence;
- e-mail address;
(ii) selecting a user nick name (nickname), username (login) and login password;
c) player allows the RPMK company his identification and verification of his identification to the extend and under conditions set by valid legislation.
2. After meeting all conditions set in article II point 1 and after meeting other conditions specified at website www.tom-bol.com, with which the player will be notified at registration of his basic player account; the player will get activated his own personal player account. Operator reserves the right to make the account inaccessible in case of non-compliance with the registration conditions or even after additional demonstration of incorrect data.
3. Player can transfer to the respective player account any amount of funds. Conditions of transfer are available on the website www.tom-bol.com; in accordance with these general terms and conditions, the player is fully responsible for compliance with recommended practices for successfully entering the transfer. Transfer is considered completed in the moment, when the particular amount transferring by the player, will be credited to his player’s account. RPMK is not responsible for the fund’s delay to the player account due to inaccessible payment identification or total inability to complete the identification.
4. To transfer funds, the player can use in addition to card payment also payment form through PayPal, and other form available on website www.tom-bol.com (further "payment channels"). RPMK reserves the right anytime to expand or reduce the offer of payment channels. In case of payment by credit card it is necessary to meet general payment terms of card companies. RPMK is not responsible for eventual rejection of the transaction by the card company or bank intermediating the credit card transaction. The player acknowledges that in case of transfers of funds to the player account via any payment channel, he can transfer only such funds, in relation to which he is entitled to legally treat, in this way and in accordance with the law of the Slovak Republic, especially as the owner or authorized user of the relevant account.
5. After identification of the payment and the amount, RPMK credits the transferred funds to player on his respective player account. Funds will be credited immediately upon confirmation from provider of payment channel (bank, card company). From that moment, the player is entitled to exercise the purchase of raffle tickets and use the transferred funds. RPMK is not responsible for eventual delay in crediting funds due to technical or other problems at the payment channel operator’s side.
6. Player may at any time increase the funds at his relevant player account in order to buy a raffle tickets in online raffles, always through a transfer of funds at the minimum set amount,t hrough payment channels; always using the payment identification information required by RPMK, and the terms and limits determined by the relevant game plan and these general terms and conditions.
7. RPMK company directly, is authorised to determine the maximum possible one-off deposit to the relevant player account in accordance with European standards of responsible gaming to which RPMK signed, as well as security reasons. The amount is published at website www.tom-bol.com. RPMK may adjust the amount at any time.
8. Active player account contains the name and surname of the player and active player account contains mobile phone number information about the player. Player account also includes the current balance of funds of the player account and is standard safety linked to a management system and a transaction system of selected commercial banks (payment cards, etc.) and with other similar systems. About activation of player account is the player notified by e-mail and at the same time with a notification directly at the website.
Article III Use of the player account
1. Player is required when using the player account to enter login and login password, created by the player during registration. For the avoidance of any doubt, it applies, that the player is entitled solely personally of any and all available dispose with the respective player account, i.e. he is not entitled to authorise any other person to represent him; this does not apply if the law or other generally binding legal regulation expressly states otherwise.
2. Player is obliged to protect his login and login password prior to any disclosure to any third party. On this basis, neither system itself nor RPMK employees are entitled to require this information (except for login to the player's account). RPMK is not responsible for loss or damage caused to the player because he forgot, lost or disclosed his passwords. RPMK will provide blocking of the player account immediately after a player requests it (at the latest within 72 hours) and correctly answers questions about personal data or other identification data required at registration in order to identify the player on the player account in question. Unlocking of the player account occurs based on player’s request, if the player undoubtedly proves his identity.
3. Player takes at the same time into account that all and any calls through the operator of RPMK company can be recorded and archived.
4. Anonymous playing of online raffles, i.e. participation in internet raffles is only possible by using a nick (nickname), which has to be legally entered in the account of a particular player. Playing under false, incorrect or incomplete information of the person is in a conflict of these general terms and conditions and results into:
a) avoided claim of the win, without returning the deposit;
b) cancellation of player account under terms determined by these general terms and conditions.
5. Participation in the internet raffles through the player account is not considered as anonymous playing of internet raffles. Player account can be solely used by the person who has created it; to the extent of all and any actions occurring during it’s creation, use, disposal, transfers of deposits, participation in internet raffles, deliver of wins, termination of player account, etc; if other does not follow from these general conditions or the relevant mandatory legislation. The player is obliged to take all necessary efforts to avoid any use of the player account by a third party. In the event of such unauthorised use / abuse, the player is obliged to immediately notify RPMK company. If unauthorised disposal of player account by a person other than a player whom the player account belongs to; and there is no fault of RPMK company, RPMK company is not liable for any damage caused by it, unless the applicable legislation requires otherwise. If RPMK company will have a reasonable doubt that not all conditions were fulfilled by the player to entitle the win, especially but not only that the player is not the person who participated in the internet raffle personally, to the player account were transferred funds in contrary to these general terms and conditions, especially but not only if they have been transferred from a bank account, respectively funds were transferred through another payment channel and the player was not entitled to handle with the funds in this way; RPMK reserves the right to ask the player to proof all the conditions for entitlement to the win. Until the moment these facts are proved in a sufficient way, RPMK company is entitled not to deliver the win, so the player has no rights in respect of such withhold of win; if it later proves that the player met all conditions to entitle the win; this applies if the generally applicable legislation requires otherwise.
6. Player is entitled to enter his respective player account anytime, except for the time designated for technical break or if it is not possible for technical reasons, as well as in cases when the respective player account is blocked under conditions determined by the competent game plan or these general terms and conditions. About each technical break the player will be informed on the website www.tom-bol.com, in case this was planned.
7. RPMK is entitled at any time to expand or narrow the list of internet raffles, in which the player will be able to use the services of the player account.
8. If the amount of funds at the relevant player account is less than the minimum value of the raffle ticket to participate in relevant internet raffle, in which the player wants to participate, the purchase of the player’s raffle ticket will not be accepted.
9. Funds at the player account can only be used for purchase of raffle tickets. It is not possible to transfer or voucher between different accounts.
10. Player acknowledges that:
(i) RPMK company provides services related to creation and operation of relevant player account on the basis of contractual relations with the internet service PayPal.
(ii) RPMK company, within the applicable conditions, reserves the right of blocking the account based on the requirements of the relevant legal authorities.Related in this case, RPMK company is not responsible in any range for the suspension of services, respectively blocking of the relevant player account or it’s funds, and the player related to this situation has no rights, if RPMK company proves it acted solely under demonstrable instructions from a bank or card company, thus it was fulfilling it’s other contractual obligation. It does not effect potential player’s claim towards the bank or card company. To avoid any doubts, it applies, that the provision will apply only if the generally applicable legislation requires otherwise, and it equally cannot be interpreted as a waiver of any players right in advance.
11. The rights and obligations contained in the legal relationship between RPMK company and the player are non-transferable and non-movable, unless the mandatory legislation requires otherwise. This does not apply with regard to the delivery of win in the event of player’s death. In this case, claim to the win belongs to the inheritance, if applicable law requires otherwise. The authorised person is obliged to submit to RPMK company a judicial decision provided with the legality and enforceability clause, to claim the win of the relevant player account of the player, at the time of his death. Other way, after the dead of a player it is possible to dispose with the win claim only in a manner as given by the applicable laws governing succession, respectively other legal regulations which expressly show the right for such disposal.
Article IV Win verification and usage of win
1. RPMK enables the player to verify the outcome of the game, i.e. if he won; through website www.tom-bol.com.
2. In case of a win, if all conditions were met for entitlement of the win and its delivery, the win will be delivered or handed over personally at the head office of RPMK company, or by post, courier.
3. Player claims the win within application of these general terms and conditions.
4. RPMK company commits, after a claim of win and verifying player’s entitlement to the win in accordance with his disposal, to deliver the win in a way as specified in the relevant game plan and these general terms and conditions. In case of doubt about the player's age, truthfulness of his registration data, meeting the conditions of funds transfer to the player account according to Article II, point 5 of these general terms and conditions; RPMK is entitled to require the player to come to collect the win in person and it also may require to submit the identity card or other identification document proving the age of the player, or other evidence that it is indeed the concerned player. Other conditions required by these general terms and conditions are not affected.
5. In case it is proved that the relevant player account was created by a person who does not meet requirements as per Article II, point 1, if the player account or registration form completed at the creation of the respective player account and other actions were done by a person other than the person whose data was completed, player is not entitled to claim the win, and the relevant player account will be canceled after finding out these facts.
6. Player confirms that he is fully aware of the fact, that entitlement of the win arise solely after meeting all conditions required by law no. 171/2005 Coll. on gambling and on amendments to certain laws, as amended, the game plan of gambling games operated through internet, relevant game plan of lotteries and these general terms and conditions, towards the player. In case that any condition is not met, it applies that there is no claim to the win, in which case there is also no obligation for RPMK company to return to the player the deposit funds used in the internet raffle.
Article V Penalties for violation of the Code of Ethics, termination of services to the player account and cancellation of the player account
1. Where a person, for whom was relevant player account created or a player, does not use the player account to participate in the internet raffle for a period of 5 years, it applies that the player account will be automatically canceled by expiring this period and there is no entitlement to refund of the remaining funds on the relevant player account at the date of cancellation of such player account. Other obligations of players under these general terms and conditions are not affected.
2. Player may cancel his player account at any time, either directly at his player account by entering the relevant requirements to cancel his player account or upon electronically sent request. Latest within 7 working days after entering the requirement to cancel the player account directly at the player account or by electronic delivery of the request for cancelation of the relevant player account, RPMK company commits to cancel it. Funds remaining unused on the account, RPMK company is not returning.
After receipt of the request or adding the request of cancellation of the player account, the following applies:
- player is not allowed through the relevant player account to perform actions required to close new purchase of raffle tickets, in the way as set in general terms and conditions,
- all previously purchased raffle tickets purchased through the relevant player account and that are not completed, remain valid
- all wins, in which the player participated through his relevant player account, will be delivered to the player as per registration
form completed at the creation of the relevant player account
- the relevant player account will be canceled only after all games in which the player participated through his relevant player account; will have the outcome
- cancellation of a player account is considered as player’s withdrawing approval of processing of personal data, unless this approval was granted, and therefore RPMK is obliged to act in accordance with relevant legislation; however, in such case it applies, that RPMK company is entitled also after the cancellation of the player account, to continue to process personal data of players, to the extent it’s right follows from the laws of general application
3. RPMK is entitled to cancel the relevant player account in case it stops to provide player account, services, respectively
4. Notice about cancellation of player account from the side of RPMK is sent by RPMK to e-mail specified in the registration form completed at creation of the relevant player account. In the event of termination of services to player account from the side of RPMK as per Article V, point 4, the same procedure follows as when the player applies for cancellation of the player's game account, i.e.
- RPMK delivers within 7 working days all wins to player as per registration form;
- player can no longer perform the actions required to complete new bet through the relevant player's account,
- all bets previously made through the relevant player account and which are still pending, remain valid
- the relevant player account terminates only after all the games the player participated in through the relevant player account will have the outcome and the player either collect the win or it will be delivered to him
- storing the player account shall be considered as player withdrawing approval of processing of personal data, unless this was granted, and therefore RPMK is obliged to act in accordance with the relevant legislation; however, in such case it applies, that RPMK company is entitled also after the cancellation of the player account, to continue to process personal data of players, to the extent of it’s rights following from the laws of general application
5. Neither at completion of providing services to any player account, nor during the duration of its use, is the player entitled to any interest rate.
6. In case of player’s interest of re-using the services of the relevant player account after its cancellation, it comes to restoring of his original player account based on the electronically submitted application sent to RPMK company; for the avoidance of any doubt, it applies that player who had set up a player account, which was subsequently canceled, at RPMK company can re-create again a player account, but in this case it is not possible to create it as per procedure for creation of new player account, but it comes to restoring of the original player account, based on the electronically submitted application to RPMK company.
7. In the case of demonstrable violation of any obligation to the player, RPMK company is entitled to:
- unilaterally terminate the contractual relationship established by creating player account between the player and RPMK company, with immediate effect
8. Following the provisions of Article III, points 1, 4 and 11 of the general terms and conditions and the individual nature of the legal relationship between the player and RPMK company, the player acknowledges that with his death, without anything further, the contractual relationship between the player and RPMK company is terminated and after such findings, RPMK shall immediately cancel the player account from a technical standpoint. Technical existence of the player account after the death of the player is not considered as continuation of legal relationship between the player and RPMK company.
Article VI Common, transitional and final provisions
1. Rights and obligations of RPMK company and the player unregulated in general terms and conditions are governed by the Civil Code as amended, or alternatively by the rights and obligations stipulated in the game plans of gambling they are affected by.
2. Any financial transactions in accordance with these general terms and conditions are performed in the currently valid currency at the territory of Slovak Republic, if RPMK does not clearly permit or agree with the payments in another currency.
3. By separate ticking the \consent of processing personal data' during the registration process, and therefore by the electronic confirmation, the player grants to RPMK consent to process the provided personal data to the extent and for the purpose stated on the website www.tom-bol.com, with the exclusion of any doubt it applies, that consent of processing personal data shall be granted only to the extent to which RPMK company does not have right as given by applicable law, to process personal data of player without his consent as the person concerned. RPMK has operator status in the processing of personal data under the relevant provisions of Law no. 122/2013 Coll. on the protection of personal data and on amendments to certain acts as amended. Consent to processing personal data grants the player voluntarily, for a predetermined indefinite period, and this can be withdrawn any time, in writing, by registered letter addressed to the RPMK company. In case of withdrawal of consent to processing, RPMK company will not continue to process personal data of player, to the extent and purpose for which it was granted, under these general terms and conditions, and liquidates the personal data of player in the affected range in accordance with Law no. 122/2013 Coll. on the protection of personal data and on amendments to certain acts as amended;
and takes all actions and responsibilities related as is required from RPMK company by law no. 122/2013 Coll. on the protection of personal data and on amendments to certain acts as amended. Player in this case, however, notes that RPMK company by Act no. 122/2013 Coll. on the protection of personal data and on amendments to certain laws, as amended, has the possibility to process personal data of player in the cases stated in § 10 of Act no. 122/2013 Coll. on the protection of personal data and on amendments to certain acts as amended, without the consent of the player due to their contractual relationship as well as the fact that the company derived from its status as operator of gambling, national lottery company, entity, taxpayers, compulsory persons under the Act. 297/2008 Coll. on protection against legalisation of proceeds from crime and on terrorist financing and on amendments to certain laws, as amended, etc; has specific obligations imposed by the relevant legislation, RPMK company after the player’s withdrawal of consent, will process the personal data exclusively within the scope of legal consent and the purposes of determining the legal consent, in accordance with the procedures and principles determined by law no. 122/2013 Coll. on the protection of personal data and on amendments to certain acts as amended.
4. Player can give to RPMK company his consent that RPMK company can use (i) contact (personal) data of the player, if for such use the player provided his consent within these general terms and conditions and (ii) the player's account for marketing and advertising purposes, if for such use the player provided his consent, and in particular but not only for sending any advertising and promotional materials and offers to the player, i.e.
5. Player agrees that the rights and obligations arising from these general terms and conditions is RPMK company entitled to transfer to third parties or is entitled to provide these obligations through third parties.
6. RPMK is entitled to continuously alter the terms of the services covered by the player account as well as other conditions regulated by these general terms and conditions, such changes are effective at the moment they are published, unless these general terms and conditions require otherwise, and even without the consent of the player. The reasons for such unilateral change of conditions may include: change in license provided to RPMK company to operate the gambling games, change of the game plan of particular gambling game and in case of changes of obligations required for RPMK company by the relevant legislation. The changes are considered to be released with the moment of publication of the new version of general terms and conditions on the website www.tom-bol.com, if the general terms and conditions dictates otherwise.
7. Player is required to notify RPMK company of any change in personal data given in the registration form under Article III, point 3 of the general terms and conditions.
8. RPMK is bound to give the win to the player after provided identity document as given in the bid form. Otherwise, RPMK company reserves the right not to give the win.
9. One player is entitled to create always only one player account. In case of doubt, RPMK is entitled to temporarily block the relevant player account, always until resolution of the disputed doubt. In case it is proved that one player has created a number of player accounts in violation with the game plan or these general terms and conditions, RPMK is entitled to cancel those, accordingly applying the provisions of Article V, point 3 of these general terms and conditions.
10. RPMK has the right to temporarily block the relevant player account in case the transactions at the player account acquired the character of unusual transaction pursuant to Law no. 297/2008 Coll. on protection against legalisation of income from crime and the protection from financing of terrorism, and on change and amendments to certain laws, until the resolution of the disputed transactions, on the terms under the relevant legislation.
11. RPMK has right to provide information about transactions through payment channels upon request to a bank, which is the operator of the payment channel, if requested so.
12. All communication between RPMK company and the payer is preferably done by electronic mail; mail delivery problems do not entitle to any claim.
13. Player by manifestation of consent with the general terms and conditions states that:
- fulfills all the conditions for creation of the relevant player account required by the competent game plan and these general terms and conditions
- fulfills all the conditions for participation in gambling and non gambling games required respectively governed by the law, the appropriate game plan and these general terms and conditions, and
- agrees with these general terms and conditions.
14. These general terms and conditions, including Annex. 1 to General Terms and Conditions governing the relationship
between the operator and the players: Code of Ethics, including approved game plans for each raffle, form an indivisible unit. In case of any inconsistency, the provisions of the approved game plans prevail over the general terms and conditions. Game plans approved for individual internet raffles are published at website www.tom-bol.com.
15. These terms and conditions come into force on 1 July 2016, if from these general terms and conditions not dictated otherwise.
16. The win is subject to Act No. 595/203 Coll. on income tax, as amended, governing the taxation of prizes and wins received by individuals. Win exceeding € 350 (section 8 paragraph 1i of the Law on income tax) is the winner required under this Act to tax the win personally through own tax declaration.
In Liptovský Mikuláš, on 20th October 2016.
Sarkis Petrosjan v.r.