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§ 1 Scope
These Terms and Conditions of Participation apply to participation in our [Cashback Competition]. For participation in our [Cashback Competition], the following Terms and Conditions of Participation apply consistently and exclusively.
§ 2 Competition
(1) The competition is organised by WICKEY GmbH & Co. KG, Franz-Savels-Straße 69, 52538 Gangelt, Germany.
(2) The competition is time-limited. The start of the competition is [01.12.2022]. The competition ends on [07.12.2022] at midnight.
(3) Our prize for the winner is a refund of 100% of the purchase price.
(4) This competition cannot be combined with other competitions.
§ 3 Participation
(1) Natural and legally competent persons over 18 years of age are eligible to participate. Participating customers must reside permanently in the [Ireland] . Employees of Wickey GmbH & Co. KG and their family members may not participate.
(2) Only customers of Wickey GmbH & Co. KG are eligible to participate. The prerequisite for participation is the submission of a review on [www.trustpilot.com]. The participating customer is taken directly to [Trustpilot] by clicking the button [Rate now]. When submitting a review, the customer must provide the name that he/she also provided when placing the order in the Fatmoose shop so that the review can be assigned accordingly. Registration for the competition takes place when the participating customer sends the review by clicking the button [Submit your review].
(3) Wickey GmbH & Co. KG may exclude the participant from the competition without giving reasons. This is especially true if the participant should provide inaccurate or incomplete registration data. In the case of violation of the participation conditions or reasonable suspicion of such a violation by the participant, Wickey GmbH & Co. KG is entitled to immediately exclude the participant in question. In this case, Wickey GmbH & Co. KG is entitled to refuse the prize and/or request its return as appropriate.
(4) Each participant is only entitled to enter the competition once.
§ 4 Process and procedure
(1)The winner will be selected at random. The name will be drawn on [31.12.2022].
(2) The prize is not transferable.
(3) The winner will be notified by Wickey GmbH & Co. KG of their prize by email on [02.01.2023] .
(4) The winner must contact Wickey GmbH & Co. KG within [four weeks] of the notification of the prize being sent. If the winner does not get in touch within four weeks of receiving notification that he/she has won, the prize will expire without substitute.
(5) The place of execution is the registered headquarters of Wickey GmbH & Co. KG, i.e. Gangelt. The refund of the purchase price will be made via the means of payment notified by the winner to Wickey GmbH & Co. KG after being notified of his win. If, for reasons pertaining to the participating customer/winner, a bank transfer is not possible within two months after notification of the win has been sent, the prize will expire without substitute.
§ 5 Participant data
(1) Participants give their consent for their name to be used and published by Wickey GmbH & Co. KG for marketing purposes in the event that they win the competition.
(2) Participants provide explicit consent for photographs of them to be produced by Wickey GmbH & Co. KG and published online to advertise the competition. Customers agree that these photos, in addition to the name of participants, may be published by Wickey GmbH & Co. KG and passed on to press agencies by Wickey GmbH & Co. KG within the scope of press releases and media coverage regarding the specific competition in question and/or any competitions organised by Wickey GmbH & Co. KG. The consent of participants refers to the publishing of images and customer names in printed media and other media forms. Participants have no right to the publishing of their name or images created. They are not entitled to any kind of remuneration relating to the publishing of such data and images in line with this regulation.
(3) Participants explicitly consent to the saving of their registration data by Wickey GmbH & Co. KG for the duration of the competition and in the case of a prize win for the purposes of sending the prize as well as for publication as per paragraph 1.
§ 6 Rights and obligations of Wickey GmbH & Co. KG
(1) Wickey GmbH & Co. KG does not undertake any checks of registration data.
(2) Wickey GmbH & Co. KG is entitled to terminate the competition at any time. In the event of such termination, participants are not entitled to any reasons or explanations for cancellation. A competition may be cancelled if, for technical or legal reasons, lawful execution of the competition can no longer be guaranteed. If cancellation of the competition is caused by a participant, Wickey GmbH & Co. KG may demand compensation.
(3) In the event of violation of these participation conditions or reasonable suspicion of such violation by a participant, Wickey GmbH & Co. KG is entitled to exclude the participant in question.
§ 7 Liability
(1) Wickey GmbH & Co. KG is liable without limitation for damages caused by Wickey GmbH & Co. KG or by its legal representatives, executive employees or simple vicarious agents as a result of intent or gross negligence.
(2) In cases of slightly negligent breach of only minor contractual obligations, Wickey GmbH & Co. KG is not liable. Apart from that, the liability of Wickey GmbH & Co. KG for damages caused by slight negligence is limited to those damages that can typically be expected to occur within the scope of the service relationship. This also applies in the case of slightly negligent breaches of duty by its legal representatives, executive employees or simple vicarious agents. The liability limitations do not apply in the case of personal injury, injury to health, or the death of the participant, if this can be attributed to WICKEY GmbH & Co. KG.
(3) All information is provided without guarantee. This refers in particular to the publication of the name of the winner.
§ 8 Data protection
(1) Wickey GmbH & Co. KG handles the registration data of the participants confidentially and only makes them available to third parties to the extent that this is permitted by data protection law, is necessary to conduct the competition and award the prize or the registrant consents to this.
(2) Please note that Wickey GmbH & Co. KG processes the participants' personal data electronically. Data is used only to conduct the competition and for promotion pursuant to section 5, unless agreed otherwise.
(3) With the notes on notes on processing of personal data Wickey GmbH & Co. KG informs the participant about the type, scope, duration and purpose of the collection, processing and use of personal data, their right to information free of charge about their personal data stored by Wickey GmbH & Co. KG and their right to the correction, deletion and blocking of this data.
§9 Legal recourse
There is no legal recourse
§ 10 Final provisions
(1) The law of the Federal Republic of Germany applies. For consumers concluding a contract for neither professional nor commercial purposes, these laws shall only apply in as far as protection provided by mandatory provisions of the law in the country in which the consumer usually resides has not been revoked. The provisions of the UN Sales Convention (CISG) shall not apply.
(2) If the participant does not have a general place of jurisdiction in Germany or if their place of residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of Wickey GmbH & Co. KG.
(3) Should individual provisions of these Terms and Conditions of Participation be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
Data protection policy
Below, you will find information on how we use your personal data when you enter into the contract. Personal data is all data that personally identifies you.
We, Wickey GmbH & Co. KG, Franz-Savels-Straße 69, 52538 Gangelt, Germany, Tel.: +49 (0) 2454 589 890, Email: [email protected], are the Data Controller responsible for data processing within the meaning of the General Data Protection Regulation (GDPR).
Our Data Protection Officer can be contacted by post with correspondence marked “FAO Data Protection Officer" or by email at [email protected]
Data processing is carried out for the fulfilment of the right of use contract and pursuant to Art. 6(1)(b) of the GDPR is necessary for the stated purposes for the appropriate processing of the right of use contract and for the mutual fulfilment of obligations arising from the agreement.
The personal data collected by us will be passed on to our partners and external service providers as part of the processing of the contract, insofar as this is necessary for the processing of the right of use contract. The legal basis for the forwarding of data is Art. 6(1) (b) GDPR.
The data will be passed on to third countries for the implementation of the contract.
Your personal data will be stored for as long as necessary for the implementation of the right of use contract.
In accordance with the EU General Data Protection Regulation, you have the following rights:
You also have the right to lodge a complaint about the processing of your personal data with a supervisory authority, pursuant to Article 77 GDPR.