Terms and Conditions
This giveaway is run by Freaks 4U Gaming GmbH, An der Spreeschanze 10, 13599 Berlin, Germany, (hereinafter “Freaks 4U“) and Sennheiser Communications A/S, Industriparken27, 2750 Ballerup, Denmark (hereinafter “Sennheiser Gaming”) . The giveaway takes place in the Federal Republic of Germany. Therefore, the laws of the Federal Republic of Germany exclusively apply to this giveaway regardless of the location from which the participant takes part in this giveaway.
1.ELIGIBILITY OF PARTICIPANTS
Participants must be at least 18 years of age. Employees of Freaks 4U and Sennheiser Gaming and their relatives are excluded from participation in the giveaway. Freaks 4U and Sennheiser Gaming reserve the right, upon its sole discretion, to exclude participants on valid grounds, such as but not limited to violation of the rules of this giveaway; manipulation of the technical process or administration of this giveaway; undue conduct; or false or misleading statements regarding participation in this giveaway.
There is no requirement for purchase of any good or service offered by Freaks 4U or Sennheiser Gaming and 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 giveaway.
3.PROCEDURE OF THE GIVEAWAY
Participants need to complete the tasks as stated. To enter, participants must tag one streamer they admire in the comment section below the original giveaway tweet to be eligible for the prize. Within the replies under the giveaway tweet on the Sennheiser Gaming Twitter Channel (@SennheiserGamer), Sennheiser Gaming will select 75 entries that they find to be up and coming streamers that are eligible for the prize. The participant who tagged the streamer will also be eligible for the prize.
The winners will be announced online, on the Sennheiser Gaming Twitter channel. The winners have 48 hours to reply to claim the prize. If both the streamer and person who nominates them do not reply within the time stated, they forfeit their prize.
The winners will be contacted via Twitter direct messages.
The giveaway campaign will be live between Wednesday, 11th December 2019, 14:00 CET and January 3rd 2020, 14:00 CET.
Upon participating, participants guarantee fulfillment of the Guidelines. Participants agree to release and hold harmless Freaks 4U and Sennheiser Gaming from any third party-claim arising from any violation of the Guidelines by the participant.
There will be 150 prizes and 75 winners in total.
The streamer and the person who nominates them via the tag feature will win 1 x GSP 305 Sennheiser Gaming headset each.
Participants transfer to Freaks 4U and their legal representatives and assigns the irrevocable, unlimited, worldwide, free-of-charge, non-exclusive and transferable right to reproduce, disseminate, adapt, edit in full or in part (especially with regard to digitization or encryption of the contributions) (Including, but not limited to, audio and / or video and / or other illustrations), in all known media and usage forms, With regard to protective rights also in all unknown media and usage forms for any purpose commercial or non-commercial, in particular worldwide for advertising, promotion, sales and merchandising purposes as well as the name, the picture and the photo of each participant in this context free of charge in its sole discretion. In as far as copyrights are concerned, the conditions customary in the industry must be offered by the participant for still unknown uses. The participant agrees that he does not receive any compensation for the use of the contribution. Legal claims remain unaffected. Freaks 4U is therefore also entitled to transfer the rights of use to third parties and to alter and adapt the participants’ contents.
To the extent permitted by law Freaks 4U is not responsible for any incorrect or inaccurate information, whether caused by participant, printing errors or omission or by any of the equipment of programming associated with or utilized in the giveaway; 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 which may occur in the administration of the giveaway 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 giveaway. No more than the stated number of prizes will be awarded. 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 attainment of the contractual purpose, or for the violation of obligations, the fulfilment of which is crucial for the proper execution of the giveaway 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 before mentioned 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 of Freaks 4U.
Freaks 4U limits collection and use of the data of participants (such as full name, address, age, e-mail, country) to the extent legally permitted and consented to by participants. Participants upon participation in this giveaway agree to Freak4U’s use of the data delivered by participants for the purpose of this giveaway. After the giveaway is finished, Freaks 4U will delete each participant’s data, except the data of the winners. Wherever such requests are notified in written or text form, Freaks 4U shall offer to participants at any time to inspect upon previous notice what personal data is stored by Freaks 4U. Participants may correct this, request its deletion, or revoke their consent to data usage. Contact details of the data protection officer: Freaks 4U Gaming GmbH An der Spreeschanze 10 13599 Berlin E-Mail: firstname.lastname@example.org
10.REVOCATION, TERMINATION AND WITHDRAWAL
Participants on any time during the giveaway may withdraw from the giveaway. 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: 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. 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 giveaway. Freaks 4U reserves the right to cancel or end the giveaway at any time, without notice or reason. You have the right to file a complaint with the above-mentioned data protection officer or a data protection regulatory authority. The data protection regulatory authority in charge for us is: Berliner Beauftragte für Datenschutz und Informationsfreiheit Friedrichstr. 219 10969 Berlin Visitor entrance: Puttkamerstr. 16-18 Tel.: +49 30 13889-0 Fax: +49 30 2155050 E-Mail: email@example.com
11.APPLICABLE LAW AND JURISDICTION
This giveaway is administered in Federal Republic of Germany Consequently the law of Federal Republic of Germany applies to this giveaway. The courts in Charlottenburg, Berlin shall have proper jurisdiction for any claim arising out of this giveaway.
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 so as to constitute a gap in the regulations.