Prize draw terms and conditions
These terms and conditions of participation and data protection (hereinafter referred to collectively as ‘Terms and Conditions of Participation’) apply to participation in our competitions and contests that refer to them (hereinafter referred to as ‘Competition’).
The conditions of participation contain rules for participation, information on the prizes, on the guarantee and on the processing of participants' data and their rights of objection and cancellation.
Table of contents
- Introduction
- Organiser
- Reference to the competition announcement
- Definitions of terms
- Age restriction
- Local restriction
- Further entry criteria
- Details of prizes
- Notification of winners and entitlement to prizes
- Responsibility of the participants
- Use of the competition entries
- Naming the competition participants
- Competitions within online platforms
- Notes on warranty and liability
- Data protection information
Organiser
Grün Berlin GmbH
Ullsteinhaus, 3rd floor
Mariendorfer Damm 1
12099 Berlin
Imprint:https://gruen-berlin.de/impressum
E-mail address:service(at)gruen-berlin.de
Reference to the prize draw/competition announcement
Details of the entry requirements, actions to be taken, the duration of the competition, individual sections of the competition and any prizes may also be provided in the descriptions made available to participants as part of the competition. These detailed descriptions take precedence over the conditions of participation.
Definitions of terms
The term ‘content’ used in the following refers to all content uploaded, entered or otherwise communicated by participants as part of the competition, as well as information such as photos, graphics, videos, texts, comments or details of places and people. The personal terms used, such as ‘participant’, are not gender-specific.
Age restriction
Participation is only possible from the age of 16.
Local restriction
Participation requires that you are resident, domiciled or permanently resident in the region(s) listed below:
Germany, Austria and Switzerland
Further entry criteria
The following entry requirements and restrictions apply to our competition:
Exclusion of employees and other participants: Excluded from participation are our employees as well as cooperation partners and employees of cooperation partners (hereinafter collectively referred to as ‘participants’) who are or were involved in the creation or processing of this competition, as well as their close relatives, provided that they were aware or should have been aware of the aforementioned involvement of the participants in the competition.
Information on prizes
In the following, we will inform the participants about the prizes we are giving away and their modalities.
Determining the winners: The winners will be chosen at random.
Notification of winners and prize entitlement
The winners will be notified promptly via the specified contact channel (e.g., email or the messaging system of a social network, if specified or if the competition takes place within the network).
Participants may be asked to report back and collect or otherwise claim their prizes within a reasonable period of time. If you are unable to do so, please let us know so that we can arrange an alternative date if possible and reasonable.
Participants are responsible for the accuracy of the contact details provided. If winners cannot be notified due to incomplete or incorrect contact details, the claim to the prize will be cancelled.
Payment of prizes in cash or in kind, their exchange or transfer to other persons is not possible, unless otherwise stated or agreed.
Information on feedback or claiming winnings:
Winners must respond to the prize notification within two weeks. Failure to do so will result in the winner forfeiting their claim to the prize.
Responsibility of the participants
We are not responsible for the behaviour and content published by the participants as part of the competition and do not adopt it as our own. Furthermore, we are not obliged to check such content, but we reserve the right to cancel its publication if there are concrete indications that the content violates legal requirements, official prohibitions, third-party rights or common decency.
Exclusion in the event of misuse: We reserve the right to exclude participants who use multiple email addresses, social media accounts or similar to increase their chances of winning, technically manipulate the competition or the course of the game or otherwise violate these conditions of participation or the law at any time and without prior notice from participating in the competition, taking into account the reasonableness criteria.
No harassment of other persons: Participants may not harass other persons in the context of the competition. For example, any messaging, forwarding or sharing functions may not be used to send messages if it is to be expected that the recipients will not wish to receive them.
Exclusion of competition entry agents: The participation of competition agencies and other automatically generated mass participation procedures is expressly excluded and will be taken into account when determining the winners.
Responsibility for content: Participants must ensure that they have the necessary rights of use to the content for participation in this competition and that its use within the scope of these conditions of participation does not violate legal regulations, common decency and/or the rights of third parties.
In particular, if other persons in addition to the participants can be recognised in photos or videos, their submission is only permitted if the consent of the third party or parties has been obtained and the personal and data protection rights of third parties are not violated.
Indemnification: If claims are made against us due to inadmissible content or violations of the law or these conditions of participation for which participants are responsible, participants shall indemnify us against the claims to the extent of their responsibility upon first request and support us in the defence against the claims. The indemnification includes the necessary legal costs.
Use of the competition entries
The following granting of rights is only relevant for competitions in which participants submit legally protected contributions, e.g. photos or videos. The granting of the following rights serves solely to operate and make available the competition and any presentation of entries in online and offline media (e.g. on the Facebook page, website or in print).
The participants grant us the simple right, free of charge, unlimited in time and place, to reproduce, distribute, make publicly accessible, edit and transfer the exercise of these rights to authorised third parties, such as technical service providers. The rights of use are granted for an unlimited period of time until they are cancelled by the participants. The statutory rights of cancellation remain unaffected.
Naming the competition participants
The participants agree that their names may be publicly disclosed to third parties in connection with the competition, the draw, the processing or presentation of the participants' entries by us or by third parties commissioned by us in online and offline media (e.g. on the Facebook page, website or in print). Participants can object to this at any time.
Competitions within online platforms
If the competition takes place within an online platform or a social network (e.g. Facebook or Instagram, hereinafter referred to as ‘online platform’), the following provisions also apply.
Participants may not assert any claims against the online platform that arise in connection with participation in the competition or its use. Participants recognise that the competition is in no way sponsored by the online platform.
Participants may not assert any claims against the online platform that arise in connection with participation in the competition or its use. Participants acknowledge that the competition is in no way sponsored, supported or organised by the online platform or has no connection with the online platform. All information and data provided by or collected from participants as part of the competition will be provided only to us and not to the online platform. We ask that all enquiries and information regarding the competition be directed to us and not to the online platform.
If we receive participants' data from the online platform on the basis of their permission or other legal authorisation, this data will only be used, stored and otherwise processed for the purposes stated in the competition (e.g. if we can pre-enter the user's email address in a competition form).
If participants are asked to enter access data, this data will be processed by the provider of the online platform. In particular, we do not receive access to the participants' passwords.
In addition to these conditions of participation, the relationship between us, the participant and the online platform is determined by the terms and conditions of the respective online platform. Further information on the consent process, information on consents granted and options for revoking them can be found in the online platform's data protection information.
Notes on warranty and liability
We would like to point out that the competition and the prizes are voluntary services on our part, for which the same scope of warranty and liability does not apply as, for example, in the case of a purchase of the prizes independent of the competition.
Limitations of warranty for prizes: We are not liable for items and services won that are not offered by us, subject to our own fault in accordance with the provisions in the liability information in these conditions of participation. In all other respects, the warranty and guarantee conditions of the respective providers of the items and services shall apply, provided that these do not restrict the participants and cannot be transferred by us to the participants.
Cancellation or restriction of the competition: We would like to point out that the availability and function of the competition can only be guaranteed to a reasonable extent for us and the participants. The competition may be cancelled or removed due to external circumstances and constraints without this giving rise to any claims by participants against us in accordance with the liability provisions in these conditions of participation. External circumstances and constraints include technical problems, legal changes or mandatory third-party measures beyond our control.
Deviations for prizes: The prizes shown in the competition description may differ from the items or services presented to the winners, provided that they are equivalent in terms of the prizes described from the perspective of an average participant. In accordance with this provision, there may be deviations in terms of model, colour, location, etc.
Legal recourse: Legal recourse is excluded with regard to the drawing of the winners and the possible judgement of the competition entries submitted.
Data protection information
We process personal data of participants in competitions and contests only in compliance with the relevant data protection regulations, insofar as the processing is necessary for the provision, implementation and handling of the competition (Art. 6 para. 1 sentence 1 lit. b. GDPR), the participants have consented to the processing (Art. 6 para. 1 sentence 1 lit. a GDPR) or the processing serves our legitimate interests (e.g. in the security of the competition or in the protection of our interests against misuse through possible collection of IP addresses when submitting competition entries).
Participants' data will only be transmitted to other parties if this is necessary for the realisation of the competition (e.g. for the purpose of sending prizes) or if a participant has consented to the transmission.
As part of the competition, we inform participants which of their details are required for participation.
The participants' data will be deleted as soon as the competition or contest has ended and the data is no longer required to inform the winners or because queries about the competition are to be expected. In principle, participants' data will be deleted no later than 6 months after the end of the competition. Winners' data may be retained for longer, e.g. to answer queries about the prizes or to fulfil the prize; in this case, the retention period depends on the type of prize and is up to three years for items or services, e.g. to be able to process warranty claims. Participants' data may also be stored for longer, e.g. in the form of reporting on the competition in online and offline media.
If data has also been collected for other purposes as part of the competition, its processing and the retention period are based on the data protection information for this use (e.g. in the case of registration for the newsletter as part of a competition).
If we otherwise process your data or provide additional information on the processing of your data, we will provide a link to our privacy policy and refer to it.
As data subjects, participants are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 18 and 21 GDPR:
- Right to object: You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
- Right to withdraw consent: You have the right to withdraw any consent you have given at any time.
- Right to information: You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with the legal requirements.
- Right to rectification: You have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you in accordance with the legal requirements.
- Right to erasure and restriction of processing: In accordance with the legal requirements, you have the right to demand that data concerning you be erased immediately or, alternatively, to demand a restriction of processing in accordance with the legal requirements.
- Right to data portability: You have the right to receive the data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format in accordance with the legal requirements or to request its transmission to another controller.
- Complaint to the supervisory authority: You also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
Our privacy policy:https://gruen-berlin.de/datenschutz