General conditions of participation for the raffle “100,000 gamescom twitter followers” of Koelnmesse GmbH
– for the followers of the gamescom twitter account who retweeted the ‘Thank you’ raffle tweet –
- Subject matter
Organiser and contractual partner is Koelnmesse GmbH, referred to as Organiser or Koelnmesse in the following. Koelnmesse GmbH has commissioned rheinfaktor, Agentur für Kommunikation GmbH, Zollstockgürtel 57, 50969 Cologne, with the processing.
These general conditions of participation and data protection instructions regulate participation in the “100,000 gamescom twitter followers” raffle of gamescom, a trade fair event of Koelnmesse GmbH, Messeplatz 1, 50679 Cologne (referred to as “Organiser” in the following) by participants, as well as the collection and usage of the data collected from or provided by participants.
With their participation in the raffle, participants accept these general conditions of participation and data protection instructions.
- Persons authorised to participate/participation
Participation in the “100,000 gamescom twitter followers” raffle presumes that the person has reached the age of 18. With participation, the participant confirms that he or she has reached the age of 18. Persons not authorised to participate also have no claim to a prize if a prize is awarded to them. Only personal applications are permitted.
Participants are those who retweet the ‘Thank you’ raffle tweet on the official gamescom twitter channel within 24 hours after its publication. Per participant only one retweet is counted.
- Usage rights, approval and responsibility.
a. The participants declare their consent to their submitted votes being used, distributed or made otherwise publicly accessible to third parties by the Organiser in online and offline media (Instagram, facebook, Twitter, as well as in other media, e.g. in advertising films, videos or books and brochures and in the Internet) in connection with the raffle, the draw, processing and presentation of the participant contributions.
The raffle starts with the publication of the ‘Thank you’ raffle tweet and ends 24 hours after publication. Retweets published after 24 hours cannot be considered.
- Determining the winners
A total of five winners will be randomly drawn from those who retweeted the ‘Thank you’ raffle tweet within 24 hours. The winners will be assigned to the prizes randomly.
- Notification of winners
The winners who retweeted the ‘Thank you’ raffle tweet within 24 hours will be contacted by direct message through the gamescom twitter account once the winners are selected. The winners must respond with their full postal address to this direct message within 14 days in order that the prize can be sent. If a response to the notification of the winner is not received within this period, the prize is forfeited. Koelnmesse can in this case draw a random substitute winner at short notice. The winner has no right to a change of or supplement to the respective prize. Should the contact possibilities provided prove to be incorrect (e.g. postal addresses), the Organiser is not obligated to determine the correct address. The participant shall bear the disadvantages resulting from the providing of incorrect contact data.
The following prizes will be randomly drawn and awarded to a total of 5 participants of the raffle:
3 x Call of Duty Black Ops 3 Gift Box
2 x „Destiny – König der Besessenen“ game for PS4 (completely in German)
Cash settlement, change, exchange or transfer are not possible.
- Caveat emptor
a. The organiser points out that the availability and functioning of the raffle cannot be guaranteed. The raffle can be ended or removed due to external circumstances and constraints without this resulting in claims of the participants against the Organiser.
b. These can include technical problems, changes to the rules or decisions by platforms such as twitter in the event that the raffle is organised on or in connection with them.
a. For liability of the Organiser for compensation for damages, the following exemptions and limitations of liability apply, irrespective of other legal prerequisites for claims in accordance with number 9.
b. The Organiser assumes liability without restriction to the extent that the cause of damages is based on intent or gross negligence.
c. In addition to this, the Organiser is liable for slightly negligent violation of significant obligations, the violation of which endangers the achieving of the purpose of the contract, or for the violation of obligations, the fulfillment of which is the prerequisite for the orderly execution of the raffle, and upon the observance of which the contractual partners regularly rely. In such cases the Organiser is liable only for the foreseeable damage typical for the contract. The Organiser is not liable for the negligent breach of obligations other than the ones stated in the preceding sentences.
d. The aforementioned limitations of liability do not apply to injury of life, body and health, for deficiencies after assumption of quality guarantees for the quality of a product and for the fraudulent concealment of deficiencies. Liability according to the Product Liability Act remains unaffected.
e. To the extent that the liability of the Organiser is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of the Organiser.
- Data Protection
Personal data of the participants (first and last name and e-mail) is collected in the context of the raffle. These data are saved and used exclusively for carrying out the raffle and are deleted following completion of the raffle. Participants have the possibility at all times of blocking their personal data or of having it deleted, unless Koelnmesse is obligated by law to retain them.
The request for blocking/deletion (cancellation) is to be sent to the following e-mail address: firstname.lastname@example.org. If a participant wishes to have his data blocked or deleted, participation in the raffle is no longer possible.
Insofar as the participation in the raffle takes place via twitter, the respectively valid conditions in the relationship between the provider and the participant apply. In particular, the participant is aware that his personal data is also saved by this provider and may also be processed there subsequent to the end of the raffle. A cancellation submitted to the Organiser does not automatically result in the blocking or deletion of his data by the provider.
- Premature ending of the raffle
Koelnmesse reserves the right to cancel or end the raffle due to unforeseen circumstances without prior notice. This applies in particular when software or hardware errors occur and/or other technical and/or legal reasons influence or make impossible the regular and orderly carrying out of the raffle.
- Applicable law
The raffle is subject exclusively to the law of the Federal Republic of Germany.
- Instructions and conditions of Twitter
a. In addition to these general conditions of participation, the relationship between the Organiser, the participant and Twitter is defined by the general conditions of participation https://support.twitter.com/groups/56-policies-violations/topics/237-guidelines/articles/490446-richtlinien-fur-wettbewerb-auf-twitter and the data protection rules of Twitter bestimmt: https://twitter.com/privacy?lang=de
b. The participants may not assert any claims against Twitter arising in connection with participation in the contest.
c. The participants are aware that the contest is in no way sponsored, supported or organised by Twitter and is not connected with Twitter.
d. All information and data provided by the participants or collected from the participants through the use of the contest application or during the contest are only provided to the organiser and not to Twitter.
e. All enquiries and instructions with regard to the contest are to be addressed to the Organiser and not to Twitter.
The contest is not connected with Twitter and is in no way sponsored, supported or organised by Twitter. The recipient of the information provided by the participants is not Twitter, but rather Koelnmesse GmbH. The provided information is used by Koelnmesse exclusively for the determining of the winners.