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Conditions of Participation „Christmas Giveaway Monday 2023“

Gamegenic GmbH

  1. Introduction
    1. Below you will find the conditions of participation and data protection information, which form the basis for effective participation in the “Christmas Giveaway Monday 2023” of Gamegenic GmbH, Friedrichstraße 47 in 45128 Essen (hereinafter referred to as we, us or organizer). Only if you abide by these rules do you have a chance to win.
    2. In order to carry out the competition not only we but also third parties must collect and process some personal data from you.
    3. By participating in the competition you accept these conditions of participation.
  2. What do you have to do to have a chance to win?
    1. The giveaway starts on 12/18/2023 and ends on 12/20/2023 (11.59 pm CET / 4.59 pm CST). Only during this time can you participate in this giveaway.
    2. You are eligible to participate if you are older than 16 years. If you are an employee of us (the organizer) or an employee of one of our cooperation partners who is or was involved in the creation or execution of the giveaway, you are unfortunately not eligible to participate.
    3. Among all of you who have effectively participated in this giveaway on the platforms Instagram and X (formerly Twitter), 1 package containing the following will be raffled: 1x Cards’ Lair Pro 1000+, 2x Bastion 100+ XL, 2x Bastion 50+.
    4. To participate on either platform, you have to follow the organizer’s account on that platform, like the “Christmas Giveaway Monday 2023” post between 12/18/2023 and 12/20/2023 (11.59 pm CET / 4.59 pm CST), and leave a comment on the post with “#ChristmasGiveawayMonday23”. You may participate on both Instagram and X simultaneously, but only once on each individual platform. Multiple entries on the same platform will not be accepted. If you create multiple X/Instagram accounts in order to enter our giveaway more than once per platform, you are liable to get all of your accounts suspended. Anyone found to use multiple accounts to enter will be ineligible.
    5. The winner will be chosen by lot on 12/21/2023 and will be informed on 12/21/2023 via a public comment from us on Instagram and X.
  3. Our rights of use, your responsibility and, if applicable, indemnification obligation
    1. We, the organizer, will not check the pictures provided by you for potential infringements of the rights of third parties. However, if we determine that you post illegal or immoral images, we will exclude you from this competition. In addition, we reserve the right to take legal action against you in such a case.
    2. By uploading content, especially pictures, you declare that the content is free of third-party rights, i.e. that it either originates from you or that you have obtained the consent of the copyright holders and the persons depicted in the pictures and videos. You indemnify us from all claims of third parties that have arisen due to the content provided by you. You agree to support us in every reasonable way in the defense of these claims.
    3. You agree that your submissions may be used by us in online and offline media (e.g. in print), also for commercial purposes, distributed, and otherwise made publicly available to third parties. For these purposes, we are also permitted to edit your submissions and, if necessary, to grant third parties rights of use to them. These rights are granted free of charge and without any restrictions in terms of space, content, or time.
  4. How do I get the prize, and what if I don’t want it?
    1. Payment of the prize in cash, in tangible assets, its exchange, or transfer to another person or persons is not possible. You may renounce the prize. In this case, a new winner will be determined. We will send you the prize by mail.
    2. We will inform you promptly in a comment under the giveaway posts on Instagram and X that you have won. We ask you to confirm your acceptance of the prize via direct message in a timely manner.
    3. If you do not confirm the acceptance of the prize within a period of 4 weeks, the prize will be forfeited.
  5. Exclusion of warranty
    1. We would like to point out that the availability and function of the giveaway cannot be guaranteed. The giveaway may be terminated or removed due to external circumstances and constraints without you being able to derive any claims against us.
    2. An unscheduled termination of the giveaway may be due to technical problems, rule changes, or decisions by X or Instagram.
  6. Liability
    1. The following exclusions and limitations of liability shall apply to our liability for damages, without prejudice to the other statutory prerequisites for claims pursuant to this Section 6.
    2. We shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
    3. Furthermore, we shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper performance of the competition and on whose compliance you regularly rely. In this case, however, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
    4. The above limitations of liability shall not apply in the event of injury to life, limb, or health, for a defect following the assumption of guarantees for the quality of a product and in the event of fraudulently concealed defects. Liability under the German Product Liability Act remains unaffected.
    5. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives, and vicarious agents.
  7. Privacy Policy
    1. We collect and use your personal data only insofar as this is permitted by law or you have consented to its use.
    2. The following data will be collected from you by us and will be used for the design, implementation, and execution of the giveaway: your name and address, your email address, your telephone number, your X user ID, Instagram user ID, and your profile picture.
    3. Upon request in writing or in text form, you can request information from us at any time about which personal data is stored by the organizer, you can request its correction and deletion and revoke data use consents.
  8. Notices and conditions from Instagram
    1. In addition to these Terms and Conditions, the relationship between you, us, and Instagram is governed by Instagram’s Terms and Conditions and Privacy Policy: https://help.instagram.com/581066165581870
    2. You may not make any claims against Instagram related to your participation in this giveaway.
    3. You acknowledge that this giveaway is in no way sponsored, endorsed, organized by, or affiliated with Instagram.
    4. All information and data provided by you or collected by us through participation in this giveaway will be provided only to us and not to Instagram.
    5. All inquiries and notices regarding the giveaway should be directed to us and not to Instagram.
  9. Notices and conditions from X
    1. In addition to these Terms and Conditions, the relationship between you, us, and X is governed by X’s Terms and Conditions and Privacy Policy: https://twitter.com/tos
    2. You may not make any claims against X related to your participation in this giveaway.
    3. You acknowledge that this giveaway is in no way sponsored, endorsed, organized by, or affiliated with X.
    4. All information and data provided by you or collected by us through participation in this giveaway will be provided only to us and not to X.
    5. All inquiries and notices regarding the giveaway should be directed to us and not to X.
  10. Applicable law
    1. The laws of the Federal Republic of Germany apply to this giveaway.