Terms and conditions for gamescom’s Pumpkin Carving Contest on Facebook, Twitter, and Instagram.
This contest is administered by Freaks 4U Gaming GmbH, An der Spreeschanze 10, 13599 Berlin, Germany, (hereinafter “Freaks 4U”).and Koelnmesse GmbH, Messeplatz 1, 50679 Cologne, Germany, hereinafter “Partner”.
Freaks 4U and Koelnmesse are responsible for the contest.
The contest takes place in the Federal Republic of Germany. Therefore, the laws of the Federal Republic of Germany exclusively apply to this contest regardless of the location from which the participant takes part in this contest.
Participation in the Contest shall be subject to the terms and conditions hereof. By participating in the contest, the participant accepts these terms and conditions.
- Eligibility of participants
- The contest is open to residents of European countries (including UK, excluding Ukraine & Russia) and Participants must be at least 16 years old.
- Employees of Freaks 4U and their relatives are excluded from participation in the contest.
- Freaks 4U reserves the right, upon its sole discretion, to exclude participants on valid grounds, such as but not limited to
- Violation of the rules of this Contest;
- Manipulation of the technical process or administration of this Contest;
- Undue conduct; or
- False or misleading statements regarding participation in this Contest.
- Purchase requirements
There is no requirement for purchase of any good or service offered by Freaks 4U or any third company affiliated to either of the aforementioned, and/or any of their business partners. Purchase of any such good or service does not increase the participant’s chances in this contest.
- Procedure of the contest
To participate, the participants need to complete the tasks as stated. There is only one mandatory task:
- Interact with gamescom’s original post by replying with a picture of the user’s own carved pumpkin.
- Contest period
The Contest starts on 10/31/2022, 12:00 German Time, and ends on 11/07/2022, 23:59 German Time. Any attempts to enter the contest outside of the contest period is invalid.
Incomplete, illegible, incorrectly addressed, or late entries will not be accepted. Freaks 4U is not responsible for entries that are lost, late, incomplete, never arrived, or could never be entered for technical or any other reason.
The winner from each platform (Twitter, Facebook, Instagram) will receive:
- 1x gamescom t-shirt
- 1x gamescom cap
- 1x Metal: Hellsinger game key
The prize must be accepted as awarded and may not be transferred, substituted, or redeemed for cash or otherwise. If a prize, or any portion thereof, cannot be awarded for any reason, Freaks 4U reserves the right to substitute the prize with another prize of equal or greater value.
- Announcement of the winners
– Winners will be contacted on 11/10/2022 and announced via DM.
– Winners will be selected and contacted by gamescom’s social media.
– the prize(s) will be sent to the respective winners free of charge within the first half of November. The winner(s) will be informed by Freaks4U about the transfer of the prize(s).
- Obligations of the winners
Winners must contact Freaks 4U no later than 72 hours after their announcement and:
- confirm his/her prize in accordance with the instructions contained in the prize notification.
- confirm that he/she accepts the prize
- provide Freaks 4U with the requested information
If the contacted winner does not respond within 72 hours from the time of the announcement or is otherwise disqualified, his/her claim to the prize will be forfeited.
- Freaks 4U limits the collection and use of the data of participants (such as full name, address, age, e-mail, and country) to the extent legally permitted and consented to by participants. Participants upon participation in this Contest agree to Freaks 4U’s use of the data delivered by participants for this Contest. After the Contest is finished, Freaks 4U will delete each participant’s data.
- More information on how Freaks 4U handles your data, your rights, and where you can complain can be found below.
To the extent permitted by law Freaks 4U is not responsible for
- any incorrect or inaccurate information, whether caused by the participant, printing errors or omission or by any of the equipment of programming associated with or utilized in the Contest;
- technical failures of any kind including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network, hardware, or software;
- unauthorized human intervention in any part of the uploading process;
- technical or human error that may occur in the administration of the Contest or the processing of videos, or
- any injury or damage to persons or property which may be caused directly or indirectly, in whole or in part from participants’ participation in the Contest.
Freaks 4U is responsible for prize availability but not for prize utility or quality or otherwise. The reporting and payment of any taxes on prizes, if necessary, are the sole responsibility of the winner. As far as permissible by law Freaks 4U’s liability for damages is limited to gross negligence and intent.
Notwithstanding the foregoing, Freaks 4U shall be liable for any negligent breach of essential obligations, the violation of which endangers the attainment of the contractual purpose, or for the violation of obligations, the fulfillment of which is crucial for the proper execution of the Contest or upon the compliance with which the contractual partners regularly trust. In this case, Freaks 4U shall only be liable for the foreseeable damage typical for the contract.
The beforementioned limitations of liability shall not apply in the event of injury to life, body, and health. Insofar as the liability of Freaks 4U is excluded or limited, this shall also apply to the personal liability of employees, representatives, and vicarious agents as far as permissible by law.
Participants agree to release and hold harmless Freaks 4U from any third-party claim arising from any violation of the guidelines by the participant.
- Revocation, termination, and withdrawal
- Participants at any time during the Contest may withdraw from the Contest. Within a reasonable time upon notification, Freaks 4U then will delete all data collected from the participant. Participants may declare their withdrawal at any time to:
- Freaks 4U Gaming GmbH, An der Spreeschanze 10, 13599 Berlin, Germany
- Phone +49 30 / 330 96 66 – 0, Fax +49 30 / 330 96 66 – 99; firstname.lastname@example.org
- Revocation of the right to use participants’ personal data is possible at any time. However, such revocation will necessarily be followed by the exclusion of the participant from the Contest.
- Freaks 4U reserves the right to cancel or end the Contest at any time, without notice or reason. Freaks 4U reserves the right to change the terms and conditions at any time in any way appropriate. If the contest cannot be executed as planned, Freaks 4U reserves the right to cancel the prize at any time without notice, reason, or explanation.
- Applicable law and jurisdiction
- These general rules of participation are subject to and governed by German law, under the exclusion of the UN Convention on the International Sale of Goods.
- The courts of Berlin shall have exclusive jurisdiction for any claim arising out of this contest.
- Severability, Miscellaneous
- If any term, provision, covenant, or condition of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. The invalid, void, or unenforceable provision, covenant or condition shall be replaced by such term, provision, covenant, or condition as to be found valid, or enforceable, thereby coming as close as possible to the regulation being replaced by it.
- The same shall occur, if any term, provision, covenant, or condition shall be found missing in this agreement to constitute a gap in the regulations.
- This Contest is in no way sponsored, supported, or organized by Facebook, Instagram, or Twitter nor is it connected to Facebook, Instagram, or Twitter. Participants accept that they hold no legal right against Facebook, Instagram, or Twitter and release Facebook, Instagram, or Twitter from any liability connected to the Contest.
Privacy Info & User rights
Responsible for data processing
Freaks 4U Gaming GmbH
An der Spreeschanze 10
Phone: +49 30 / 330 96 66 – 0
Represented by Michael Haenisch
Contact details of the data protection officer
Freaks 4U Gaming GmbH
An der Spreeschanze 10