Conditions of Participation and Privacy Notice
This Participation and privacy Information (hereinafter collectively referred to as the "Terms of Participation") apply to participation in our competitions, contents, raffles, prize-draws or sweepstakes (hereinafter referred to as "Competition(s)") referring to these Terms of Participation.
The terms and conditions of participation contain conditions, including rules for participation, information on prizes and on the processing of participants' data and their rights of objection and withdrawal. The terms used are not gender specific.
Table of contents
- Organization
- Introduction
- Reference to the Announcement of the Competition
- Age Restriction
- Territorial Restriction
- Further Criteria for Eligibility
- Start and End of the Competition
- Information on Prizes
- Notification of Winners and Entitlement to a Prize
- Further Information on Prizes
- Mention of the Participants of the Competition
- Information on Warranty and Liability
- Privacy Information
- Concluding Provisions
Organization
Berg+Schmidt GmbH & Co. KG
An der Alster 81
20099 Hamburg
Germany
Sponsors are not the organizers of the Contest and are not responsible for its organization and execution, except in the case of their own legally established responsibility, e.g. in the case of processing of personal data of participants.
Legal information:
https://solutions.berg-schmidt.com/performancechemicals/impressum/
E-mail Address:
1. Reference to the Announcement of the Competition
Details on the conditions for participation, actions to be taken, the duration of the competition, individual sections of the competition and any prizes may additionally be derived from the descriptions provided to the participants within the context of the competition. These detailed descriptions take precedence over these Terms of Participation.
2. Age Restriction
Participation is only possible from the age of 18.
3. Territorial Restriction
Participation is subject to your having your domicile, office or place of usual residence in the region(s) listed below:
Switzerland.
Europe.
4. Further Criteria for Eligibility
The following entry requirements and restrictions apply to our competition:
Exclusion of employees and other Involved Parties: Excluded from participation are our employees, employees of our affiliated companies in the meaning of §§ 15 et seq. German Stock Companies Act (“AktG”), and the employees of our Sponsor(s) who are or were involved in the creation or execution of this Competition, as well as their spouses or life partners, parents, children, siblings or persons living in the same household, if they were or should have been aware of the aforementioned involvement of the employees in the Competition.
Answering Questions: Participation in the competition requires the correct answer(s) to the question(s) asked.
5. Start and End of the Competition
Start of the Competition: 17. September 2024
End of the Competition: 19. September 2024
Premature termination: We reserve the right, without prejudice to the rights of previous participants and in compliance with reasonableness criteria, to prematurely terminate or adjust the competition with effect for the future without stating reasons, in particular due to external circumstances and constraints, or to adjust these Terms of Participation. External circumstances and constraints include, in particular, technical problems, legal changes or mandatory measures by third parties that are beyond our control.
6. Information on Prizes
In the following, we inform the participants about the prizes and their modalities.
The winner will receive 2 (two) VIP tickets for the LONG-DISTANCE SERIES: NLS5 on 19/10/2024 at the Nürburgring. One winner will be chosen.
Determination of Winner: The winner will be randomly selected.
7. Notification of Winners and Entitlement to a Prize
The winner will be notified in a timely manner through email.
Participants may be asked to provide feedback and pick up or otherwise claim prizes within a time limit. In the event of inability to comply, please contact us so that we can make an alternative appointment, if possible and reasonable.
The participants are responsible for the correctness of the contact data provided. If the winner cannot be notified due to incomplete or incorrect contact data, the prize is forfeited.
It is not possible to pay out the prizes in cash, in kind, which may be exchanged or transferred to other persons, subject to other information or agreements.
Number of weeks within which winner must respond to the winning notification: One week.
Number of weeks within which the winner must collect their prize or claim it otherwise: One week.
8. Further Information on Prizes
Please note the additional information on prizes.
Exclusion of Transfer and Payout of Prizes: The prize is not transferable. A payment of the prize in cash or an exchange is not possible.
9. Mention of the Participants of the Competition
The names of the participants may be publicly announced in connection with the Competition or presentation of the entries and winners by us or by our Sponsor(s) in online media (e.g. on websites and in social media) or in print media. Participants may object to this at any time with effect for the future.
10. Information on Warranty and Liability
We would like to point out that the competition and the prizes are voluntary services on our part, which are not subject to the same scope of guarantee and liability as, for example, the purchase of such prizes independent of the competition.
Warranty limitations for Prizes: We shall not be liable, subject to our own fault in accordance with the provisions of the liability notices in these conditions of participation, for goods and services won which are not offered on the market by ourselves. 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 can be transferred by us to the participants.
Differences of Prizes: The prizes shown in the description of the competition may differ from the goods or services presented to the winners, provided that they are equivalent in terms of the prizes described from the point of view of an average participant. According to this, deviations in model, color, locality, etc. may exist.
Liability: The following disclaimers and limitations of liability shall apply to our liability for damages, notwithstanding the other statutory conditions for claims.
Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents as well as of our Sponsor(s). We shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the competition and on the compliance with which the contracting parties regularly rely (so-called cardinal obligations). In this case, however, we shall only be liable for the foreseeable damage typical of the respective legal relationship. We shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences. We shall be liable without limitation if the cause of the damage is based on intent or gross negligence. In the case of grossly negligent breach of duty by our vicarious agents, the aforementioned restrictions to the slightly negligent breach of essential obligations shall apply.
The above limitations of liability shall not apply in the event of injury to life, limb or health, in the event of a defect following the granting of quality guarantees for the quality of a product and in the event of fraudulently concealed defects. The liability according to the product liability law remains unaffected.
Legal Recourse: There is no legal recourse with regard to the drawing of the winners and any evaluation of the entries submitted in the competition.
11. Privacy Information
We process the personal data (also referred to as "data" below) of participants in competitions, contents, raffles, prize-draws or sweepstakes (hereinafter referred to as "competitions") only in compliance with the relevant data protection regulations and if the processing is necessary for the provision, execution and handling of the competition (Article 6 (1) (b) GDPR), the participants have consented to the processing (Article 6 (1) (a) GDPR) or the processing serves our legitimate interests in the security of the competition or the protection of our interests against misuse of the competition according to Article 6 (1) (f) GDPR.
The participant's data will only be transmitted to other parties if this is necessary for the execution of the sweepstakes and competitions (e.g. to send prizes by Sponsor(s) or to technical service providers or agencies commissioned in connection with the Competition) or if a participant has consented to the transmission.
In the context of the competition, we inform the participants which of their data are required for participation.
The data of the participants will be deleted as soon as the competition has ended, and the data is no longer required to inform the winners or because questions about the competition can be expected. In general, the data of the participants will be deleted at the latest 6 months after the end of the competition. Winners' data can be retained for a longer period of time, e.g. in order to answer questions about the prizes or to fulfil the prizes; in this case, the retention period depends on the type of prize and is up to three years for items or services, e.g. in order to be able to process warranty claims. Furthermore, the participants' data may be stored for a longer period of time, e.g. as part of (data protection-compliant) coverage on the competition in online and offline media or in the case of participation contributions published on social media.
Insofar as data was collected for other purposes as part of the competition, its processing and storage period shall be governed by the privacy information for this use.
If we process your data or provide additional information on the processing of your data, we will provide a link to our privacy policy and refer you to this privacy policy.
As data subject, you are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 21 of the GDPR and, in the case of Swiss law, in accordance with the Swiss DPA:
- Right to Object: You have the right, on grounds arising from your particular situation, to object at any time to the processing of your personal data which is based on point (e) or (f) of Article 6(1) GDPR , including profiling based on those provisions. Where personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such marketing, which includes profiling to the extent that it is related to such direct marketing. You also have the right to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) GDPR on grounds arising from your particular situation.
- Right of withdrawal for consents: You have the right to revoke consents at any time.
- Right of acces: You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with the provisions of the law.
- Right of acces: You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with the provisions of the law.
- Right to rectification: You have the right, in accordance with the law, to request the completion of the data concerning you or the rectification of the incorrect data concerning you.
- Right to Erasure and Right to Restriction of Processing: In accordance with the statutory provisions, you have the right to demand that the relevant data be erased immediately or, alternatively, to demand that the processing of the data be restricted in accordance with the statutory provisions.
- Right to data portability: You have the right to receive data concerning you which you have provided to us in a structured, common 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, under the conditions laid down by law, 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://solutions.berg-schmidt.com/performancechemicals/datenschutz/
Contact data protection officer:
Mr Sven Naucke, the company data protection officer of Hydrosol, can be contacted at data@hydrosol.de
12. Concluding Provisions
Deviating conditions: The competition is determined solely according to our Terms of Participation. Deviating conditions of the participants are not valid without our express consent.
Applicable law, Place of Fulfilment and Jurisdiction: The legal relationship between us and the participants is subject exclusively to the law of the Federal Republic of Germany. Unless otherwise stated, the place of performance for claims in connection with the competition shall be our (registered) office. The exclusive place of jurisdiction for all disputes arising from or in connection with the competition shall be our office (registered) office, provided that a participant is a merchant, a legal entity under public law or a special fund under public law or the participant has no place of jurisdiction in the Federal Republic of Germany. We reserve the right to assert our claims at the legal place of jurisdiction.
