Conditions of participation Gamewarez competition
Participation in the Gamewarez competition, Mühlenweg 4, D-35510 Butzbach, Germany (hereinafter referred to as “Gamewarez”) is only possible if these conditions of participation are taken into account. By participating in the competition you accept the following conditions. The competition is not connected to Instagram or Facebook and is in no way sponsored, supported or organized by Instagram or Facebook.
1. Participation requirements
All natural and legally competent persons who are at least 18 years old at the time of their participation and have their permanent residence in Germany, Austria or Switzerland (hereinafter “participants”) are eligible to participate. In Austria, only consumers are eligible to participate. Employees of Gamewarez GmbH and their relatives are excluded from participation.
Each participant may only take part in the competition once.
To participate, you must subscribe to the Gamewarez GmbH Instagram/Facebook page, like and save the post and answer the question under the competition post.
There is an extra ticket for sharing the post in the story for 24 hours.
Participation in the competition is not linked to the purchase of products or the use of other services from Gamewarez GmbH.
The deadline for participation is December 11th, 2023, 11:59 p.m. The decisive factor for timely participation is liking the Gamewarez GmbH Instagram/Facebook page, the competition post and providing the comment in a timely manner.
Legal recourse is excluded.
2. Early termination and exclusion from the competition
Gamewarez GmbH reserves the right to cancel the competition in whole or in part. This applies in particular if the competition cannot run as planned for any reason, such as computer viruses, software and/or hardware errors and/or other technical and/or legal reasons that affect the administration, security, integrity and /or influence the regular and proper implementation of the competition.
Gamewarez GmbH also reserves the right to exclude people who violate these conditions of participation or use unauthorized tools or otherwise gain advantages through manipulation.
3. Profit
The following prizes can be won:
1x Morph Light Grey
1x stylish Gamewarez pillow
1x gaming cup
1x Snagger
or
1x surprise package of 3 possible prizes
The lot decides.
The prize cannot be transferred to a third party. A cash payout in the event of a win is not possible.
The winners will be notified by a personal message via Instagram or Facebook.
4. Liability
Claims for damages in connection with the implementation of the competition are excluded unless otherwise specified below. The above exclusion of liability also applies in favor of the legal representatives and vicarious agents of Gamewarez GmbH, should you assert claims against them. Excluded from the previously determined exclusion of liability are claims for damages due to injury to life, body or health and claims for damages arising from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by Gamewarez GmbH, not for damages resulting from impairment of the availability of the competition page in the event of technical disruptions and force majeure events that cannot be influenced, as well as attacks by third parties against the competition -Page. However, Gamewarez GmbH will do everything possible to ensure the reliability and functionality of the competition site. Furthermore, Gamewarez GmbH does not guarantee that the competition page will function properly on your device.
5. Data protection
As part of your participation in this competition, Gamewarez GmbH will also process information about you in accordance with the data protection information about the competition / our data protection information (9. Presence on social media channels) . Gamewarez GmbH processes your data exclusively in accordance with the applicable data protection requirements from the EU General Data Protection Regulation 2016/679 and other applicable data protection regulations. Gamewarez GmbH guarantees the protection of your personal data, in particular through technical and organizational security measures that comply with current security standards.
Gamewarez GmbH processes and stores your data exclusively for the purpose of processing the competition contract with you in accordance with Article 6 Paragraph 1 Sentence 1 Letter b) GDPR.
To process the competition, data processing is based on Article 6 Paragraph 1 Sentence 1 Letter b) GDPR
6. Place of jurisdiction / applicable law
In the event of disputes, German law applies exclusively. If the participant is a consumer, this choice of law only applies to the extent that it does not deprive the country in which the customer has his domicile or habitual residence of the protection granted by mandatory legal provisions or judicial law. The validity of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
The place of jurisdiction is the registered office of Gamewarez GmbH if the participant is a merchant.
If the participant does not have a general place of jurisdiction in Germany or moves his place of residence abroad after participation, the registered office of Gamewarez GmbH is also agreed as the place of jurisdiction.
Data protection information for participation in the Gamewarez GmbH Instagram/Facebook competition
As part of your participation in the Gamewarez GmbH Instagram competition run by Gamewarez GmbH, Mühlenweg 4, D-35510 Butzbach, Germany, (hereinafter referred to as “ Gamewarez GmbH ” or “ we ”), Gamewarez GmbH also processes information about you. We process your data exclusively in accordance with the applicable data protection requirements from the EU General Data Protection Regulation 2016/679 (“ GDPR ”), the Federal Data Protection Act (“ BDSG ”) and other applicable data protection regulations. We ensure the protection of your personal data, in particular through technical and organizational security measures that comply with current security standards.
1. Who is responsible for processing my data?
We are responsible under data protection law for the processing of your personal data as part of your participation in the competition. We will process your personal data in this context for the purposes stated in this data protection information.
2. What data does Gamewarez GmbH process from me?
Personal data is any information relating to an identified or identifiable natural person (hereinafter “ data ”). This includes data that you must provide to us in order to take part in the competition, otherwise we cannot carry out the competition (name and address if you win). If you win, you can also provide us with your customer number. The latter data is not absolutely necessary for participation in the competition.
When processing your data, we will not subject you to a decision based solely on automated processing that has legal effects on you or significantly affects you in a similar way. We do not process any special categories of personal data from you within the meaning of Art. 9 GDPR.
3. For what purposes does Gamewarez GmbH process my data?
We process the data that you provide to us exclusively for purposes permitted by the GDPR. This applies in particular to the implementation of contracts concluded with you, i.e. mainly for the implementation and processing of the competition.
In addition, we are also required to process your personal data for the purposes of fulfilling legal obligations and to assert, exercise or defend legal claims. This also includes storing data in backup media, for example in order to implement legal requirements for data security and our legitimate interests in ensuring a stable IT landscape.
4. On what legal basis does Gamewarez GmbH process my data?
We only process your data if a legal regulation allows this. Depending on the processing purpose, we may process your data on a different legal basis.
· Competition : To carry out and process the competition, we process your data to fulfill the competition contract with you in accordance with Article 6 Paragraph 1 Sentence 1 Letter b) GDPR.
· Fulfillment of legal obligations : If we process data to fulfill legal obligations, this processing is based on Art. 6 Para. 1 lit. c) GDPR.
· Legal claims : If we process your data to assert, exercise or defend legal claims, this processing is based on our legitimate interests in accordance with Article 6 Paragraph 1 Sentence 1 Letter f) GDPR.
5. How long does Gamewarez GmbH keep my data?
In accordance with data protection requirements, we will only keep your data for as long as is necessary for the respective purposes described. This means that we will delete your data relating to the competition after the expiry of the statutory limitation periods for possible claims, including third parties, in connection with the competition and the end of the statutory retention requirements. The commercial and tax law deadlines for storage and documentation specified therein are up to ten years after the end of the contractual relationship or the pre-contractual legal relationship. Furthermore, special legal regulations may also require a longer storage period, such as the preservation of evidence within the statutory limitation period of up to 30 years.
6. How does Gamewarez GmbH protect my data?
The security of your data is of great importance to us. We therefore store and process your data in accordance with the security requirements for such processing under Art. 32 GDPR. For this purpose, we have developed extensive technical and organizational security measures that comply with internationally recognized standards and which we continually review.
7. Who does Gamewarez GmbH share my data with?
Your data stored by us will only be passed on if there is a legal obligation in accordance with the applicable data protection regulations (e.g. to authorities). However, in carrying out the competition and organizing advertising and opinion research measures by Gamewarez GmbH (e.g. the newsletter), we are supported by companies that are affiliated with us and various service providers, who may process your data on our behalf exclusively for Gamewarez GmbH. We also share your data with other Gamewarez GmbH companies for internal administrative purposes. In addition, we do not pass on your data to third parties.
8. Does Gamewarez GmbH transfer my data to third countries?
We may also transmit your data to Gamewarez GmbH. The EU Commission has determined in an adequacy decision that Switzerland has an adequate level of data protection. Accordingly, we have not taken any additional security measures for data transfer to Switzerland. We will not otherwise transfer your data to any country outside the EU or the European Economic Area.
9. Your rights as a data subject
As a person affected by the processing of your data, you can assert certain rights against us under the GDPR and other relevant data protection regulations. To do this, you can contact us using the methods set out in Section 11 of this data protection information. The following section contains explanations about your data subject rights under the GDPR.
9.1 Rights of those affected
According to the GDPR, you have the following rights towards us as a data subject:
· Right to information (Art. 15 GDPR) : You can request information from us at any time about the data we hold about you. This information concerns, among other things, the categories of data we process, the purposes for which we process them and, if applicable, the recipients to whom we have transmitted your data. You can receive a free copy of your data that is the subject of processing from us. If you are interested in additional copies, we reserve the right to charge you for additional copies if necessary.
· Right to rectification (Art. 16 GDPR) : You can request that we correct your data. We will take reasonable steps to keep the information we hold and process about you on an ongoing basis accurate, complete, current and relevant, based on the most current information available to us.
· Right to deletion (Art. 17 GDPR) : You can request that we delete your data, provided that the legal requirements for this are met. According to Art. 17 GDPR, this may be the case if - the data is no longer necessary for the purposes for which it was collected or otherwise processed; - you revoke your consent, which is the basis for the data processing, and there is no other legal basis for the processing; - you object to the processing of your data and there are no overriding legitimate reasons for the processing, or you object to data processing for direct marketing purposes; - the data was processed unlawfully; and if the processing is not necessary, - to ensure compliance with a legal obligation that requires us to process your data, in particular with regard to statutory retention periods; - to assert, exercise or defend legal claims.
· Right to restriction of processing (Art. 18 GDPR) : You can request that we restrict the processing of your data if - you dispute the accuracy of the data, for the period that we need to check the accuracy of the data ; - the processing is unlawful and you refuse the deletion of your data and instead request that its use be restricted; - we no longer need your data, but you need it to assert, exercise or defend legal claims; - You have objected to the processing until it is clear whether our legitimate reasons outweigh yours.
· Right to data portability (Art. 20 GDPR) : At your request, we will provide you with your data in a portable form so that you can transfer it to another person responsible.
· Right to object (Art. 21 GDPR) : You can object to the processing of your data at any time for reasons arising from your particular situation, provided that the data processing is based on your consent. In this case we will no longer process your data. The latter does not apply if we can demonstrate compelling legitimate reasons for processing that outweigh your interests or if we need your data to assert, exercise or defend legal claims.
9.2 Deadlines for fulfilling the rights of those affected
We generally endeavor to comply with all requests promptly. However, this period of time necessary to fulfill your rights may be extended in individual cases for reasons relating to the specific rights of the data subject or the complexity of your request.
9.3 Restriction of information when fulfilling the rights of those affected
In certain situations, we may not be able to provide you with information about all of your data due to legal requirements. If we have to reject your request for information in such a case, we will also inform you of the reasons for the rejection.
9.4 Complaints to supervisory authorities
We take your concerns and rights very seriously. However, if you believe that we have not adequately addressed your complaints or concerns, you have the right to lodge a complaint with a relevant data protection authority.
10. How can I access the relevant legal texts?
You can access the text of the GDPR on the following homepage: http://eur-lex.europa.eu/ . Other relevant legal texts can be found at: http://www.gesetze-im-internet.de (Germany); https://www.ris.bka.gv.at/Bund/ (Austria) https://www.ch.ch/de/gesetze (Switzerland)
11. How can I contact Gamewarez GmbH or the data protection officer of Gamewarez GmbH?
You can contact our data protection officer with data protection inquiries and to assert your rights at:
Gamewarez GmbH Attn: Data Protection Mühlenweg 4 35510 Butzbach Germany Email: info@gamewarez.de