Terms and conditions for Philips Christmas giveaway on Philips Gaming EU Instagram channel.
This contest is administered by Freaks 4U Gaming GmbH, An der Spreeschanze 10, 13599 Berlin, Germany, (hereinafter „Freaks 4U“) and MMD Monitors & Displays, Nederland B.V, Prins Bernhardplein 200 – 6th floor, 1097 JB Amsterdam, The Netherlands (hereinafter “Philips”).
Freaks 4U and Philips 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.
This contest is void where prohibited or restricted by law.
Eligibility of participants
· The contest is open to residents of countries part of Europe (incl. the United Kingdom) and Participants must be at least 16 years old.
· Employees of Freaks 4U, Philips and their relatives are excluded from participation in the contest.
· Freaks 4U and Philips reserve the right, upon its sole discretion, to exclude participants on valid grounds, such as but not limited to
o Violation of the rules of this Contest;
o Manipulation of the technical process or administration of this Contest;
o Undue conduct; or
o False or misleading statements regarding participation in this Contest.
· Purchase requirements There is no requirement for the purchase of any good or service offered by Freaks 4U and Philips 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.
· The procedure of the contest
o To participate, the participants need to complete the tasks as stated. Mandatory tasks are to follow philipsmonitorseu Instagram account using the existing Instagram account and add the comment to the post with giveaway description from the same Instagram account.
o The Contest starts on 12/22/2021, 4:00 PM German Time and ends on 01/01/2022, 12:59 PM German Time. Any attempts to enter the contest outside of the contest period are invalid. Incomplete, illegible, incorrectly addressed or late entries will not be accepted. Freaks 4U and Philips are not responsible for entries that are lost, late, incomplete, never arrived, or could never be entered for technical or any other reason.
There are three (3) prize bundles, each to be won by one (1) winner.
1x Philips Gaming 272E1GAEZ Monitor 1x Guardians of the galaxy game [PC edition] 1x Marvel’s Guardians of the Galaxy game Steelbook 1x Guardians of the galaxy game Artbook 1x Guardians of the Galaxy Baby Groot figure – Cable Guy
1x Xbox series S 512GB 1x Forza Horizon 5 game [Xbox series S/X] 1x Xbox Wireless Controller Forza Horizon 5
1x NINTENDO Switch Lite Gray 1x NINTENDO Switch Lite Protective bag (White) 1x NINTENDO Switch Pro Controller gray 1x Metroid Dread game [Nintendo Switch] 1x Amiibo Samus und E.M.M.I. 1x Monster Hunter Rise game [Nintendo Switch]
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 and Philips reserve the right to substitute the prize with another prize of equal or greater value.
Announcement of the winners
· Winners will be contacted on 01/04/2022 and announced via Philips Gaming EU Instagram. The winners will be contacted via Instagram.
· Winners will be drawn from all Instagram entries and contacted by Freaks 4U.
· The prizes will be sent to respective winners (free shipping). The winners will be informed by Freaks 4U about the transfer of the prizes.
Obligations of the winners
Winners must reply to Freaks 4U no later than 72 hours after they receive an email 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 they receive an email from Freaks 4U or is otherwise disqualified, his/her claim to the prize will be forfeited.
· Freaks 4U limits collection and use of the data of participants (such as full name, address, email, country, phone number) 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 and Philips are not responsible for
· any incorrect or inaccurate information, whether caused by a 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;
· the technical or human error which 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.
Philips 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 Philips’s liability for damages is limited to gross negligence and intent.
Notwithstanding the foregoing, Freaks 4U & Philips shall be liable for any negligent breach of essential obligations, the violation of which endangers attainment of the contractual purpose, or for the violation of obligations, the fulfilment 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 & Philips 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 & Philips 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 and Philips from any third-party-claim arising from any violation of the guidelines by the participant.
Revocation, termination and withdrawal
· Participants on any time during the Contest may withdraw from the Contest. Within reasonable time upon notification, Freaks 4U then will delete all data collected from the participant. Participants may declare their withdrawal at any time to:
o Freaks 4U Gaming GmbH, An der Spreeschanze 10, 13599 Berlin, Germany o Phone +49 30 / 330 96 66 – 0, Fax +49 30 / 330 96 66 – 99; firstname.lastname@example.org
· Revocation of the right to use participant’s 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 & Philips reserve the right to cancel or end the Contest at any time, without notice or reason. Freaks 4U & Philips reserve the right to change the terms and conditions at any time in any way appropriate. In the event that the contest cannot be executed as planned, Freaks 4U & Philips reserve 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 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.
· 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 Instagram nor is it connected to Instagram. Participants accept that they hold no legal right against Instagram and release Instagram 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 E-Mail: email@example.com
Represented by Michael Haenisch
Contact details of the data protection officer
Freaks 4U Gaming GmbH
An der Spreeschanze 10
13599 Berlin E-Mail: firstname.lastname@example.org