These General Terms arrange the relations between the contracting parties, when on one side is the company Pragmatic Solutions s.r.o., with registered seat at Hodvábna 1291/1 075 01 Trebišov VAT: 52760863, registered by Okresný súd Košice I. č.47643/V as the Organizer of Events (hereinafter only the “Organizerˮ) and on the other side is the Participant of Events (hereinafter only the “Participantˮ).
I. Terms of participation in the Events
The organizer of Events (hereinafter also as the Event) is the Pragmatic Solutions s.r.o., with registered seat at Hodvábna 1291/1 075 01 Trebišov, Slovakia.
These General Terms are valid for all Participants of the Events in its individual challenges. If necessary, the Organizer will provide an explanation of these terms.
Every person who meets all the requirements set by the Organizer in these General Terms, Propositions of the Events or other valid documents issued by the Organizer of the Events for the given year is authorized to take part in the Events and its individual competitive and non-competitive sporting challenges as a Participant.
The Organizer reserves the right to set special terms for groups of Participants with a specific standing, such as elite athletes, guests, or representatives of the Event’s partners.
II. Definition of basic concepts
Proposition – binding terms, instructions and information issued by the Organizer of the Events in written form for individual challenge of the Events.
A Participant – is a natural person satisfying the conditions for taking part in the individual competitive or non-competitive challenge of the Events.
Challenge – the competitive or non-competitive program of the Event, which has clearly defined and distinguishable parameters, such as the course length, the course, day, hour and place of start and finish, method of measuring and evaluation of results, terms of participation and other essential information characterizing such a program component in the Event.
Online registration – method of registering for the Event using an electronic registration form which is published on the Web page of the Organizer.
Order – a document created in the process of on-line registration which contains data on the Participant and price of registration for the challenge selected by the Participant, a summary and price for all ordered accessories and data on the actual payment status for the given Order.
Registration – an electronic document generated after successful filling in and submitting of the registration form in the process of on-line registration for the Event.
Entry Fee – financial participation fee set by the Organizer in the Propositions, which the Event’s Participant pays to the account of the Organizer as part of the registration process.
Variable symbol – is the number assigned during registration for the purposes of identifying the payment of the Entry Fee.
Start Acceptance – written confirmation of the Organizer issued to the Event’s Participant upon meeting the terms of registration.
Virtual challenge Presentation – processes and activities, during which the Organizer at a location and time determined in advance issues to Participants a bib number and offers them additional information, services and material equipment defined in Propositions and Instructions for Participant in the Event.
III. Registration for Events
Registration for Events creates a relation between the Organizer and a natural person defined as a Participant. This relation cannot be on the side of the Participant replaced by representation of another natural person or legal entity, not even if such a third person comes forward as a sports club, employer, sponsor or person otherwise related to the Participant.
The only method of registration for Events is registration in advance in the on-line registration form, which is available on the Web page of the Organizer. A component of on-line registration on the mentioned Web page is also the payment system set for the payment of the participation fee (hereinafter the Registration Fee).
An electronic Registration is generated from the process of registration, which is accepted by the Organizer. This is issued to the Participant so long as the Registration contains all mandatory data and these data are in compliance with the terms of participation and the Registration fee is paid in the correct amount within the set time period.
Registration is possible directly at the Event at the place of the Event’s Presentation only with special consent issued by the Organizer of the Event, a basic condition of which is that at the time of the Event the participation limit set by the Organizer for the selected challenges has not been met.
The Organizer has the right in advance or at the time when registration takes place to set a limit to the number of registered Participants in the individual challenges of the Event and to do so from capacity, security, logistical or other reasons, and also has the right to end registration at any time or to alter the time of its ending.
Properly filled out electronic Registrations for the Event’s Participants are entered into the lists and database in the order in which they are delivered to the Organizer.
Each Participant may register for more selected challenges of the Event, only when it does not have a negative influence on the health of the Event’s Participant. A Participant of several Event’s challenges must without reservations satisfy all terms of the individual challenges of the Event that he or she takes part in.
For persons under the age of 18, the written consent of the legal representative is required to participate in the challenges, which must be sent to the e-mail address info@virtualchallenge.sk. no later than 48 hours after registration. Otherwise the registration is not valid.
IV. Validity and acceptance of registration for the Event
A registration form which is not submitted simultaneously with payment of the prescribed Registration Fee to the account of the Organizer is incomplete and shall be considered by the Organizer as invalid. The Organizer shall decide whether such a registration is to be left in the records for further communication with the Participant. In the mentioned case, no claim arises to the Participant for keeping the Registration in the records nor a claim to start at the Event, and not even after payment of the owed Entry Fee that comes after the payment due deadline. A final decision on an invalid registration remain in the exclusive competence of the Organizer.
The Organizer has the right to not accept a registration and to prevent someone starting at the Event, and may do so even in the case of payment of the Entry Fee, if:
a) The Participant put incomplete, inexact or misleading data into the registration form.
b) The Participant was in the past disqualified from participation in any Event.
A Participant by his behaviour in the past demonstrably acted in defiance of these General Terms or the Event’s Propositions. After the creation of the start documents, the Organizer shall, in a time period according to individual determination, generate an „Acceptance of Start“ document for each Event Participant who satisfies all eligibility conditions for the Event.
V. Non-transferable registration and condition to obtain the medal.
Participation in the Event is a personal and non-transferable right which arises only to the Participant, namely by satisfying all terms of registration for the Event. The basic identifier of a Participant from the security, health and sporting-technical viewpoints is only the bib number which is assigned to the Participant by the Organizer. The bib number assigned to a Participant is not transferable to another person.
To obtain a medal for a given challenge, the participant is obliged to take a photo before / during / after the invitation, so that the photo is properly visible, the environment and the photo is uploaded in his profile to the website www.virtualchallenge.sk. The photo uploaded in this way is sent to the announcer of the competition for approval, who, after approving the uploaded photo, marks the participant as approved.
The photo from the challenge will be approved for the participant if it contains a person matching the person in the profile photo that the participant inserted into his personal profile after registration and at the same time the photo captures the environment matching the challenge environment or the photo will otherwise reflect the challenge for exaple: track recorded by smart watch.
VI. Entry Fee, other payments, confirmation
Payment of the Entry Fee
a) The basic rates of the Entry Fee for the individual Event challenges is announced each year by the Organizer in the Event Propositions.
b) The amount of the Entry Fee for the Event depends on the selected challenge, the date of registration and the date of payment of the Entry Fee. The Participant is obligated to pay the Entry Fee in the amount prescribed for the day when the money will be recorded to the Organizer’s account.
c) Additional sums may be added to the Entry Fee in the course of registration, if the Participant orders during the on-line registration process any offered accessory services and goods in the given amount. In such case the Participant may pay the entire amount with one payment; otherwise the Entry Fee will be assessed as invalid with all the consequences according to these General Terms.
d) Upon payment of another (understood as lower) sum than is the sum of the Order, the Organizer shall consider such an Order as invalid and may exclude it from the further process of registration.
e) If the sum for several participants is to be paid with one payment, the Organizer must be made aware of this in writing in advance and must express written consent with such a payment and has the right to set additional conditions.
Not all of the payment methods described below may be available at each Event.
Authorized forms of payment are always governed by the Proposals of a particular Event.
Payment of the Entry Fee is possible as follows:
Payment by card
A payment card is the primary and recommended method of paying the Entry Fee during the on-line registration of a Participant and guarantees that he or she will undoubtedly and immediately have the right to participate upon the meeting of other conditions.
The following payment cards are accepted:
Master Card
Master Card Electronic
VISA
VISA Electron
Diners Club
JCB
UnionPay
Payment by bank transfer
Payment by bank transfer is an additional method of paying the Entry Fee and may not be an accepted form of payment at all Events (Participant must abide by the Proposals of a particular Event).
In case of a payment by bank transfer the participant must anticipate a time delay for arrival of the money to the Organizer’s account and that this process often causes the whole registration to be incomplete and unfinished due to missing and delayed processes on the side of the Participant.
Payment by bank transfer can be made to the Organizer’s account number:
Name on account: Pragmatic Solutions
Bank: Fio banka
SWIFT: FIOZSKBAXXX
IBAN: SK6883300000002501725287
Variable symbol, is the number assigned during registration for the purposes of identifying the payment.
Payment in cash
Such payment is not possible.
Confirmations
Individual confirmations are generated automatically and sent to the e-mail address entered by the Participant in the process of on-line registration.
a) Confirmation on registration for a race – is confirmation of successful registration of the Participant for the Event in the chosen challenge.
b) Information about a new order – is confirmation of the successful creation and sending of an Order for the Event.
c) Confirmation regarding receipt of payment for an order – a tax document generated by the registration system after coupling a payment with an Order.
The Organizer does not have the opportunity or even the obligation to issue other types of confirmation according to individual requests of Participants.
The Organizer will issue an invoice for a received payment for ordered services and goods only to a legal entity or natural person with a tax identification number (TAX ID/VAT ID), if such entity/person sends an order in advance with the identification data (name, address of seat, postal address, TAX ID/VAT ID).
VII. Cancellation of a start, shifting of a start, change of challenge
The Organizer does not refund a paid Entry Fee.
A registered Participant who does not appear at the Presentation, does not make it to the start of the Event has no claim on a refunding of the Registration Fee or any claim for the refunding of possible other payments associated with participation. The Organizer in such a case has no obligation to offer or otherwise substitute an ordered service or to deliver material equipment and objects associated with the start at the Event.
The possibilities of canceling the start, moving the start or changing the challenge are always precisely regulated by the Propositions of a particular Event. Therefore, the procedures and options below may not always be available for each Event.
A registered Participant may request the shifting of his or her participation and registration fee to the following year of the Event electronically on the Web page of the Organizer after logging in to his or her participant’s account and may do so up to midnight on the last Tuesday before the Event. For such a step the following conditions must be met:
a) At the moment of submitting a request the Participant had met all conditions of participation for the Event.
b) A Participant who is allowed the opportunity to shift the Entry Fee and who subsequently wants to use this opportunity must properly register for the Event in a challenge written in the propositions, which does not have to be identical with the original challenge, and must do so no later than by the deadline which the Organizer published for the relevant year.
c) Such a Participant shall receive prior to the opening of registration for the subsequent year of the Event a registration code with instructions for its use. After receiving instructions with the registration code, the Participant must register properly online for the Event in the period stipulated in these instructions.
d) Shifting the start to the following year of the Virtual challenge is not possible if the Participant:
is registered for the Event through a registration code – the Organizer assigns registration codes on the basis of special instructions,despite the sending of a request to shift the start, he or she picked up his or her medal for the given year of the Event.
e) If the Participant does not observe the deadline and conditions for the shift of the Entry Fee or does not pay the handling fee, the possibility of shifting the Entry Fee automatically expires.
A shift of the Entry Fee is possible only one time. A repeated shift of an already shifted Entry Fee is not possible.
A registered Participant may request the shifting of the right to start to another person via e-mail. The request for shifting of the right to start must always come from the originally registered Participant.
With the shifting of the right to start to a new Participant the paid Registration Fee and all other paid fees and claims associated with them are also shifted. The approval or rejection of such a request is upon the fulfilment of all conditions in the exclusive authority of the Organizer.
Registered Participant may request a change of the original challenge, to which he was registered, by e-mail delivered to the Organizer one week before the deadline of individual challenge. The approval of such an application shall be the sole responsibility of the Organizer, even if all conditions are met.
VIII. Communication between the Organizer and a Participant
The method of communication between the Organizer and a Participant is established at the authentic e-mail address of the Participant stated in his or her Registration and the e-mail address of the Organizer stated on the Web page and in the Event’s Propositions.
The Organizer shall inform a Participant regarding all principle questions on the Event by sending messages to the authentic e-mail address.
The Organizer is in no way responsible if the e-mail address of the Participant is not correct or updated for the receiving of such information.
Due to the volume of communication, the Organizer is unable to guarantee a reply to questions and requests sent by a Participant to the e-mail address of the Organizer or to take such requests through phone calls to the seat of the Organizer.
The Organizer recommends that Participants thoroughly read all relevant Virtual challenge documents and thus avoid the need for other forms of communication. Among such documents are:
a) General terms,
b) Propositions,
c) Final instructions,
d) Frequently asked questions,
e) Program of the Event,
f) Newsletter.
IX. Safety of participants
The Organizer, however, reserves the right to cancel or interrupt the holding of the Event in the case of serious danger, which may be, but not only, an extreme swing in the air temperature, otherwise exceptionally unfavourable weather, the danger of a terrorist attack and other unforeseeable events and circumstances, which could endanger the health and safety of participants, members of organizational teams and spectators. In such a case the Participant has no claim on the refunding of the Entry Fee or any part of it.
The Organizer announces the organizational and safety instructions relating to participation in the Event to Participants in an appropriate way (by e-mail, publication on the Web page of the Organizer) and in a timely fashion before holding the Event. Each Participant is obligated to follow these instructions and measures following from them.
Each Participant is obligated to respect and observe the instructions of identified members of the Event’s Organizational Team and Organizers of the Event during the whole duration of the Event.
The use of any technical equipment or aids which can favour a Participant or hinder another Participant or endanger the health of Participants and spectators is prohibited.
If a Participant demonstrably strays from the prescribed course of the given Event’s challenge, violates the safety of Participants and/or spectators, or otherwise behaves in an unsporting manner, the Organizer is authorised to prohibit the Participant from continuing in the races and to disqualify him/her.
X. Elimination of Responsibility
If the Organizer, compelled for reasons of force majeure, weather, war, terrorism or another threat before the start of the Event, must cancel the event, no claim to a refund shall arise to Participants, including to the Entry Fee, with respect to the fact that costs arose to the Organizer for preparation of the Event even before the cancellation of the Event itself.
All Participants in the Event start at their own responsibility. The Organizer is not responsible for any material damage, losses of property or damage to health associated with participation in the event or any travel to the event and accommodation of the Participant at the site of the Event. A Participant is responsible for ensuring the relevant medical examination and obtaining information on his/her own health status in association with a decision to participate in any Event’s challenge.
Each Participant in the Event individually in his/her own name shall secure accident insurance, health insurance, medical care insurance or other types of insurance according to his/her own considerations.
XI. Protection of Personal Data and Associated Processes
The Organizer of the Events processes personal data of Participants in line with Regulation of the European Parliament and of the EU Council 2016/679 (GDPR) and Act No. 18/2018 on the Protection of Personal Data.
The Organizer of the Events declares that all personal data are confidential and will be used only for purposes according to an Order made on the side of the Participant and confirmed on the side of the Organizer and for informing of a Participant regarding additional steps and activities of the Organizer and its contractual partners in the scope of the Event’s project.
The conditions of processing personal data and specification of specific personal data, the processing of which the Participant expresses consent to, are contained herein.
Photographs, film, interviews and other forms of recording of a Participant associated with his/her participation in the Events are available for the needs of the Organizer. The Organizer reserves the right to archive the mentioned records and to publish them in all forms. No financial, material or any other claim shall arise to a Participant in the case of such publication.
XII. Final and Special Provisions
These General Terms acquire force on 1.7.2020 and replace the original wording and are valid without time limitation. The Organizer reserves the right to make changes and to supplement the General Terms of participation.