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Giveaway terms and conditions

Terms and conditions for online giveaways

Organiser of online giveaways is

24Helmets.de e. K.
Fuhlsbüttler Straße 490
22309 Hamburg
Germany

Commercial registry: HRA 122378
Registry court: District court Hamburg

VAT.-No..: DE 225247419

Chief executive officer: Daniel Dimpker

Participating in online giveaways by 24Helmets.de e. K. on social media-platforms and their execution are bound to the following terms and conditions. Further information about procedure and execution of single giveaways, the draw of winner or winners and the win or wins can be found within the participation window of the respective giveaway.

24Helmets.de e. K. organises online giveaway promotions, in which users of social media platforms www.facebook.com (Facebook Ireland Limited Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland, hereinafter: „Facebook“) and www.instagram.com (Instagram, LLC ATTN: Arbitration Opt-out 1601 Willow Rd. Menlo Park, CA 94025, hereinafter: „Instagram“) can participate, according to the specific participation description within the respective participation windows. This usually happens by the user, by taking the following actions below the giveaway posting

a) answering the giveaway question by commenting;
b) posting images/text answers and/or
c) „liking“ (etc.) the giveaway posting

By uploading images, videos or texts for participation, the participant guarantees to be the rightful owner of the required rights towards 24Helmets.de e. K.

  1. Participants can learn the concrete participation period from the giveaway posting. The logged time by the platform used for the giveaway is essential for participation. Answers/postings/comments/likes, that weren’t given during that specific time participation period can’t be taken into account. For possible delays during the contribution or transmission of answers and participation data, neither 24Helmets.de e. K. nor Facebook or Instagram are responsible.
  2. There is no entitlement to registration for the giveaway or the participation of the giveaway.
  3. The winner will be determined by sweepstake.
  4. The winner will receive the reward from the product range of 24Helmets.de e. K. The presented item for the giveaway is not necessarily identical to the won item. Furthermore, divergences in terms of model, size, colour or similar can exist. The images of one or more item to be won are merely sample depictions.
  5. The won item(s) are shipped by a commissioned third party via forwarding, parcel service or postal office to the address provided by the winner. Shipment within the Federal Republic of Germany is free of charge. The winner must bear possible costs due to transportation and customs.
  6. A cash pay-out of won item(s) or a possible replacement of the win is excluded.
  7. Eligible for participation by 24Helmets.de e. K. are all individuals above 18 years of age with residence in Germany, Austria and Switzerland. Underage individuals are excluded from participation. Employees and their relatives are excluded from participation.
  8. Requirements for participation are the existence of a valid e-mail address and the permission to get direct messages on Facebook or Instagram.
  9. 24Helmets.de e. K. reserves the right to suspend or cancel the giveaway at any given time without prior notice and without statement of reasons. This is especially the case when technical reasons (e. g. computer system viruses, manipulation or mistakes within hard- and/or software) or legal reasons don’t warrant an orderly execution of the giveaway(s). In case of such a cancelation is caused by a participant’s behaviour (e. g. manipulation), 24Helmets.de e. K. has the right to claim compensation for the resulting damages from this individual.
  10. The winner will be announced and notified through a Facebook and/or Instagram comment below the giveaway posting. The winner is obliged to inform 24Helmets.de e. K. about his/her/their shipping address within 14 days since the announcement/notification has been posted. If this information isn’t given by the deadline the winner loses any entitlement to the win and a new winner is determined by sweepstake.
  11. 24Helmets.de e. K. explicitly reserves the right to replace the announced item(s) to be won without statement of reasons with item(s) of equal or higher worth. The won item(s) can’t be assigned to third parties and any kind of cash pay-out is excluded. Possible taxes of the win are the winners responsible.
  12. Entitlement to the win is fundamentally not eligible to be ceded.
  13. Everyone can only participate once per giveaway. Using multiple e-mail-addresses or multiple Facebook/Instagram profiles to increase winning chances is strictly forbidden. 24Helmets.de e. K. reserves the right to exclude participants, if the enter giveaway(s) multiple times.
  14. The participant agrees that his/her/their name and place of residence can be made public on the social media platform used for the giveaway(s) or the product website, if the participant wins.
  15. The giveaway(s) by 24Helmets.de e. K. is not connected in any way or form to the operators of the used social media platform and is not sponsored, supported or organised by the social media platform in any way or form. The recipient of the information provided by participants is solely 24Helmets.de e. K. Therefor the social media platform’s operators have no legal entitlement to the provided information by participants.
  16. The participant agrees that data is saved, processed and used by 24Helmets.de e. K. to execute the giveaway(s). After the procedure of the giveaway(s) and after shipment has taken place the data is deleted by 24Helmets.de e. K. Without explicit compliance of the participant the data will not be used for other purposes by 24Helmets.de e. K. or third parties. All personal data of participants is used and processed by 24Helmets.de e. K. in compliance with legal regulations. Further information is apparent from data protection regulations (Privacy).
  17. The participant can revoke his agreement for 24Helmets.de e. K. to use, process and save any provided data by the participant at any given time by email (info@24helmets.de). By doing so the participant also revokes participation status and 24Helmets.de e. K. will delete the data.
  18. Furthermore 24Helmets.de e. K. isn’t liable for lost, misguided or belated entries to participate, as well as for possible technical issues that could influence the participation or entry to the giveaway(s).
  19. 24Helmets.de e. K. is only to be held for damages if the damage(s) is of malicious nature or an act of gross negligence. Moreover 24Helmets.de e. K. is liable only for negligent violations of cardinal duties, needed to fulfil the orderly execution of the giveaway(s) and the attainment of the purpose of the contract, that enables the adherence a participant can regularly trust in. Limitations of liability especially apply for damages caused by mistakes, delays or interruptions in data transmission, for disturbances of technical facilities or services, untrue contents, loss or deletion of data, computer viruses or any other ways while using applications. Liability according to the German product liability act (Produkthaftungsgesetz) will remain unaffected.
  20. 24Helmets.de e. K. reserves the right to exclude participants from giveaway(s) that infringe the terms and conditions of the specific giveaway or, that try to manipulate the giveaway they are participating in, no matter the way or form they do. In case of exclusion from one or more giveaways, it is up to 24Helmets.de e. K. to revoke and claim back the win afterwards. Participation at Facebook or Instagram giveaways is free of charge and in no way connected to an obligation to buy.
  21. The participant grants 24Helmets.de e. K. the right for not exclusively, conveyable, sub-licensable, gratuitous, timely and locally unlimited usage to use the participation posting for advertisement purposes, to duplicate it and/or to edit it.
  22. The participant ensures 24Helmets.de e. K. that the participation contribution is free of violations of third-party rights (especially copyright, neighbouring rights and trademark rights) and that it does not violate any personal rights of individuals possibly depicted within the contribution. The contribution must not have contents that violate the law or boni mores. The participant obliges to make 24Helmets.de e. K. and its cooperation partners free of all third-party claims for damages and litigation, that those third parties could make due to the publication of the participants contribution in all mediums used by 24Helmets.de e. K.
  23. 24Helmets.de e. K. reserves the right to delete contributions of racist, sexist and/or discriminating nature.
  24. Only applicable law is the law of the Federal Republic of Germany. The recourse to the courts is excluded. For the case of any single terms and conditions not being valid or becoming invalid, the validity of the remaining terms and conditions will remain unaffected. These terms and conditions can be changed by 24Helmets.de e. K. at any given time without separate notification.

 

Data protection notice

Responsible for data processing in context of giveaway(s) is:

24Helmets.de e. K.
Daniel Dimpker
Fuhlsbüttler Straße 490
22309 Hamburg
+49 (0)40 1899 4311
daniel@24helmets.de

The named responsible is for data processing on the Facebook and/or Instagram page at which the giveaway(s) take place responsible, together with Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) and Instagram (Instagram, LLC ATTN: Arbitration Opt-out 1601 Willow Rd. Menlo Park, CA 94025) in the sense of GDPR Section 26.

1) Processing of your personal data within the scope of the giveaway(s)

We process your personal data in order to execute the giveaway(s) orderly and to conclude the giveaway(s), and especially for shipment of the material prize(s).

For execution of the giveaway(s) profile names, and first and surname, if available, of the respective participant are compiled and saved. For shipment of the material-prize we compile the winners first and surname additionally, as well as the shipment address and transfer this data to a shipping company commissioned by us. Further passing on of your data to third parties does not take place.

Legal basis for this processing of your personal data is GDPR section 6 (1)(b) (Implementation of pre-contractual measures and fulfilment of a contract).

2) If we publish the first and surname of the winner(s) separately on our profile page or fan page or externally, perhaps on our online shop, this only takes place with previously caught up and explicit compliance by the winner(s), in accordance with GDPR section 6 (1)(a).

3) If participation to a giveaway is bound to receiving our newsletter, we compile your e-mail address for the purpose of newsletter sending. For newsletter sending we use the so-called double opt-in method. This means that we will only send you newsletters, once you have explicitly agreed to receiving newsletters in accordance with GDPR section 6 (1)(a), for compiling and saving of your data for sending newsletters. We will send you a confirmation e-mail with the request to confirm receiving our newsletter by clicking a hyperlink. By activating this confirmation hyperlink, you grant us permission to use your personal data in accordance with GDPR section 6(1)(a). The data compiled by us when subscribing to our newsletter are used exclusively for purposes of advertisement appeals by sending newsletters to you. A transfer to third parties does not take place. You can unsubscribe from the newsletter at any given time by clicking the link designated for this purpose only, or by sending the mentioned at the beginning responsible a message. After unsubscribing the sending of newsletters will stop and your e-mail address and possible other provided data in the context of sending newsletters will be taken out of the mailing list, unless you have explicitly given us consent for further use of your data or unless we have a reservation right of data usage over and above that, that is legally allowed, and that we will inform you about afterwards.

2.) Storage duration

After termination of the giveaway(s) we will delete your personal data compiled in the scope of the giveaway(s) at the latest 3 months after the giveaway(s), provided we don’t have a valid consent for further data processing by you (possibly for mailing lists/newsletter sending) and/or when no eligible interest in further processing of your data continues to exist on our part.

3.) Your data subject rights

The prevailing legal data protection laws grant you the following data subject rights, if the respective legal requirements exist:

  • Right to information according to GDPR section 15
  • Right to rectification according to GDPR section 16
  • Right to erasure according to GDPR section 17
  • Right to restriction of processing according to GDPR section 18
  • Notification obligation regarding rectification or erasure of personal data or restriction of processing according to GDPR section 19
  • Right to data portability according to GDPR section 20
  • Right to conditions for consent according to GDPR section 7 (3)
  • Right to lodge a complaint with a supervisory authority according to GDPR section 77
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