Version: 02.12.2024
USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS PROMOTION. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE’S PROPERTY.
By entering and participating in this Promotion, you (“You”) agree to be bound by these Terms of Participation (the “Terms”) and represent that you satisfy all of the eligibility requirements below. This Promotion is subject to these Terms and to all applicable laws and regulations.
1. THE ORGANIZER
1.1 This Promotion is run by WRC Promoter GmbHwhose registered office is located at Hermann-Weinhauser-Straße 73, 81673 München, GERMANY (”Organizer”).
1.2 In the event this Promotion is run via one or more third party platform(s), the Promotion is not linked to the third-party platform(s) and is not organized, endorsed or administered by, or associated in any way by the third party platform(s). Your use on the third party platform(s) is subject to the terms and conditions located on such site. The Organizer disclaims any liability should You fail to comply with the third-party platform(s) terms and conditions.
2. ELIGIBILITY
2.1 In order to enter this Promotion and be eligible to get the Prize, You represent and warrant that You satisfy the following eligibility criteria:
- You acknowledge that You are a natural person 16 years of age or older at the time of entry, and, if You are under the age of 18, You are participating in this Promotion under the active supervision of a parent or legal guardian, (“Guardian”) who has read and agreed to these Terms on Your behalf. Persons under the age of 16 years are not allowed to participate in this Promotion or transmit or otherwise submit personal Data (all data relating to You, such as Your contact details, Promotion responses and photographs) to the Organizer. It is voluntary to provide us with Your personal data; however, You will not be able to enter the Promotion if You do not supply all required personal data. Organizer excludes any responsibility and/or liability in case the participation/the award of a prize requires the approval of a Guardian. This solely lies within Your responsibility.
- The Promotion is open to all countries, and these terms apply to residents of all countries. Please note that the Organizer is not liable in cases where Participants are not legally allowed to take part in the Promotion due to national or local laws.
- The Organizer is not responsible in case a Participant is not physically or mentally able to perform any or all of the described tasks; there is no legal right to participate in this Promotion whatsoever. Organizer is not liable in case a Participant injures him-/herself while performing actions with regard to this Promotion.
- Directors, officers and employees of the Organizer, its parent, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Promotion, professional advisers and third party service providers or advertising and promotional agencies involved with this Promotion are not eligible to enter or win the Prize on this Promotion. The Organizer shall verify these conditions consulting its database at the time of the selection. FOR MEXICO: Directors, officers and employees of the Organizer, its parent, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Promotion, professional advisers, third party service providers or advertising and promotional agencies involved with this Promotion are not eligible to enter or win the Prize in this Promotion.
- FOR SOUTH AFRICA: No person shall be eligible to enter the Promotion or receive the Prize in relation to the Promotion if they have received a Prize in any promotional competition of the Organizer within a period of 36 (thirty-six) months preceding the commencement of this Promotion (as set out in clause 2.2 above).
- Please note that the official language will be English and that all interactions with the Organizer, including these Terms, the registration and further instructions in the course of this Promotion, will generally be in English language. Any translations are provided as a matter of courtesy only.
2.2 The Organizer will not accept entries that are: (a) automatically generated by computer; (b) completed by third parties (on Your behalf) or in bulk; (c) illegible, have been altered, reconstructed, forged or tampered with; or (d) incomplete. The Organizer reserves the right to verify the email address provided by You including where required, any consent provided by a Guardian to require proof of age, identity and/or other provided details at any time at its discretion. In the event of any dispute, entries containing an invalid email address or incorrect data regarding the age or residence of You will be deemed ineligible. You must not enter this Promotion through the use of multiple email accounts or social media accounts. If it becomes apparent that You have used multiple email accounts or social media accounts to circumvent this rule all Your entries will be disqualified.
3. RULES OF PARTICIPATION, SELECTION PROCESS AND THE PRIZE
3.1 Only one entry per person and per account is allowed.
3.2 One participant will be selected as Prize Recipient by means of a random draw of all qualifying entries either under the supervision of an independent or via computer process at the end of the promotional period.
3.3 For more details of the selection process please email info@wrc.com. If the selected Prize Recipient does not meet the eligibility criteria set out in these Terms, the Organizer will re-draw and select an alternative Prize Recipient. If You are disqualified, the Organizer is under no obligation to publish this fact. The Organizer undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
3.4 Late, illegible, incomplete, defaced or corrupt entries will not be accepted. No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt. Entries cannot be returned.
4. NOTIFICATION AND CLAIMING THE PRIZE
4.1 The contact details You provide with Your Promotion entry will be used to notify You of the Prize You are entitled to receive and to ship the Prize, so please make sure they are kept up to date and accurate.
4.2 The Organizer shall contact the Prize Recipient using the email address provided with the Promotion entry. On notification, the Prize Recipient will be provided with details on how to claim the Prize and will be given up until 5 days (from when the Organizer notified the Prize Recipient that they were successful) to claim the Prize. If a Prize Recipient cannot be contacted or is not available, or has not claimed their Prize within this period, the Organizer reserves the right to re-draw a Prize Participant, in accordance with the selection process.
4.3 If a Prize Recipient rejects the Prize, then the Prize will be forfeited and an alternative Prize Recipient will be selected in accordance with the selection process. The Organizer does not accept any responsibility if a Prize Recipient is not able to take up the Prize.
4.4 The Prize is personal and non-transferable and may not be claimed by a third party on Your behalf.
4.5 The Prize Recipient may be published on the Organizer’s website and social media profiles. In the event that You are a Prize Recipient You agree that the Organizer may disclose Your information e.g. first name, last name, nickname, in accordance with the above.
4.6 The maximum delivery term shall be no longer than 60 days from the end of the Promotion or the date of the Prize claim. Any delay in relation to delivery of the Prize shall be communicated to the Prize Recipient.
4.7 To the extent permitted by law, the Organizer reserves the right to replace any Prize with prizes of equal or greater value.
4.8 Please note that this Promotion requires no travel, so no travel or other costs will be reimbursed for the participation in the Promotion. No cash alternatives will be provided and the Prize You are entitled to receive is non-transferable and non-refundable.
4.9 The Prize Recipient shall remain liable for all taxes (including interest and penalties) due and payable to competent tax authorities in respect of any prize monies payable.
4.10 The Prize is manufactured and provided by the respective partner, and as manufacturer it shall provide the Prize warranty and product liability according to all applicable laws. To safeguard Your rights related thereto, Organizer assigns the corresponding rights toward the manufacturer to the Prize Recipient.
5. ORGANIZER’S RIGHT TO CHANGE THE TERMS AND TO DISQUALIFY
5.1 To the extent permitted by law, and without affecting Your statutory rights, if in the Organizer’s opinion the Promotion is compromised by any event beyond the Organizer’s control, the Organizer reserves the right to modify, terminate, amend or extend the Promotion without responsibility and liability for any amount or kind of loss or damage that may result to You or any third party (whether direct or indirect). You should check our website regularly for any changes which will apply from the date that they are uploaded.
5.2 At any time during the Promotion, the Organizer reserves the right in its sole discretion to disallow or suspend votes, disqualify and/or remove any Participant if it has reason to believe that where voting is used as a selection process, anyone voting for such finalist has been paid, incentivised or pressured in any way for placing their vote, either by the finalist or any third party and/or the Participant fails to observe these Terms, is engaged in cheating, or where applicable any other kind of illegal or inappropriate behaviour. The Organizer’s decision in relation to all matters in connection with the Promotion is final, and no correspondence will be entered into.
5.3 In the event that the Prize Recipient is disqualified, the Prize will be forfeited and selected in accordance with the selection process.
6. FAIR PLAY
You warrant that Your entry does not contain material that violates or infringes another’s rights or reflects a political statement, including but not limited to , publicity or intellectual property rights, contain brand names or trademarks, other than those of the Organizer, which You have a limited license to use for the sole purpose of this Promotion, contain copyrighted material not created by You, other than material that You have necessary rights, consents and permissions to use, contain material that is offensive, distasteful, dangerous, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous and obtain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created. In the event this Promotion is run via one or more third party platform(s), You warrant and represent that Your entry does not infringe the Terms of the third party platform(s).
7. GRANT OF RIGHTS
To the extent permitted by applicable law, the Prize Recipient may be requested to take part in a promotional activity and the Organizer reserves the right to use the names and addresses of the Prize Recipient, their photographs and audio and/or visual recordings of them in any promotional material to the extent the Prize Recipient agrees. The Organizer will seek the consent of the Prize Recipient, where required.
8. COLLECTION OF INFORMATION AND DATA PRIVACY
WRC Promoter GmbH is the controller of this data processing within the meaning of the General Data Protection Regulation (GDPR). In accordance with the information obligations of the controller, we kindly ask you to take note of the following notification:
8.1. Identification of the person responsible for data processing
The controller of this data processing is:
WRC Promoter GmbH
Hermann-Weinhauser Straße 73
81673 Munich, Germany
info@wrc.com
Our external data protection coordinator and contact person for data protection issues is:
KINAST Rechtsanwaltsgesellschaft mbH,
represented by attorney Dr. Karsten Kinast, LL.M.
mail@kinast.eu
8.2 Description of the objective and purpose of data processing
The WRC organises giveaways / raffles at regular intervals on diverse occasions.
To select the winners at random, two types of entry will be considered:
- If participants take part in raffles and giveaways via Instagram, winners will be notified via direct message.
- It is also possible to take part in raffles/giveaways via the entry form. Winners will then be contacted via the email address provided.
The winners of the raffles/giveaways are selected in the comments section or at random from all entries via form.
The purpose of any contact (via direct message or e-mail) is to coordinate the handover and sending of the prize.
The following personal data will or may be processed:
- E-mail address
- Name
- Address
In addition to your email address, organizer will only collect your natural name and address in the event that you are selected as a prize recipent.
8.3 Legal basis of the processing
By participating in giveaways / raffles you implicitly and voluntarily consent to the collection of data by the WRC. The legal basis for processing therefore results from the consent you have previously given in accordance with Art. 6 para. 1 lit. a GDPR. Your consent can be revoked at any time with effect for the future.
This subsequent processing for the purpose of carrying out and following up on the respective campaign is based on Art. 6 para. 1 lit. b) GDPR.
If the provision of personal data for data processing is provided for by law, contractually required or necessary for the conclusion of a contract, failure to provide the data may mean that the obligations to be fulfilled by WRC Promotor GmbH towards you cannot be fulfilled.
8.4 Transfer to third parties
Entries to Raffles/Giveaways via entry form will be processed by Goodform Ltd according to WRC’s privacy policy and Goodforms’ privacy policy:
Goodform Limited, with registered offices at 7 Olympus Court, Tachbrook Park, Warwick, Warwickshire, CV34 6RZ, with Registered Number: 04359302
https://www.goodformgroup.co.uk/privacy-policy/
hello@goodformgroup.co.uk
8.5 Retention period
Your personal data will be retained only as long as necessary to fulfill the purpose of the initial processing activity or as required by applicable statutory retention periods, provided that the purpose of the data processing remains until then unless you have withdrawn your consent, and no legal retention period prevents the deletion.
Once a campaign has been completed, the personal data collected will be deleted immediately.
8.6 Information on the rights of data subjects
This declaration shall be governed by and construed in accordance with substantive German law, excluding its rules of conflict, the place of jurisdiction being Munich (Germany).
As a data subject, you have the following rights:
- Right of access, Art. 15 GDPR
- Right to rectification of the data, Art. 16 GDPR
- Right to erasure of my data, Art. 17 GDPR
- Right to restriction of processing, Art. 18 GDPR
- Right to data portability, Art. 20 GDPR
- Right to object, Art. 21 GDPR
In addition, you can file a complaint with the data protection supervisory authority pursuant to Art. 77 GDPR at any time.
For more information, please visit our Privacy Policy on our website.
9. LIABILITY AND WARRANTY
9.1 FOR UNITED KINGDOM: Notwithstanding anything to the contrary hereunder, Organizer does not limit or exclude its liability in respect of any death or personal injury caused by its negligence or any fraud.
9.2 Insofar as is permitted by law, the Organizer, its employees, agents or distributors will not in any circumstances be responsible or liable to compensate the Prize Recipient or accept any liability for any loss, damage, personal injury or death occurring as a result of participation in the Promotion, as well as taking up the Prize. NOT FOR UNITED KINGDOM: Any limitation of liability shall be excluded for fraud, willful misconduct or gross negligence. Your statutory rights are not affected. FOR AUSTRALIA: (including the Consumer Guarantees under Schedule 2 of the Competition and Consumer Act 2010); FOR CHILE: (including the Consumer Guarantees under Consumer Rights’ Protection Law – Law n. 19.496). FOR FRANCE: In case the Prize is a good or service offered by a third party, the responsible or liable company in case of direct damages is the entity providing the service or good. Under any circumstances, the Organizer shall not be held responsible for damage caused by a third party.
9.3 The Organizer excludes all liability to You for any loss of income, loss of profits, loss of goodwill, loss of data, loss of opportunity (in each case whether direct or indirect) and any indirect or consequential loss or damages incurred or suffered by You in connection with Your participation in the Promotion. NOT FOR UNITED KINGDOM: unless such loss arises from the Organizer’s failure to respect its contractual and legal obligations, in which case the Organizer still limits its liability for the abovementioned situations to the extent allowed by applicable law.
9.4 The Organizer shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; Prize notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter and/or participate in the Promotion, whether the entry is lost, not submitted, wrongly processed or does not win.
9.5 There is no legal right to participate in this Promotion. The Organizer is not responsible if You are unable to participate in the Promotion for any reason.
9.6 Subject to clause 9.1 (FOR UNITED KINGDOM), the Organizer is not liable if You injure Yourself while performing actions with regard to this Promotion. You represent that You do not have any condition and are not affected by any circumstances that would prevent You from safely participating in the Promotion or would pose a present risk to others in Your doing so. You also agree that You are not otherwise prohibited from participating in the Promotion for any reason.
9.7 In no event shall the Organizer be responsible or liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by, directly or indirectly, circumstances beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services, when these circumstances constitute a force majeure as defined under applicable local law.
9.8 To the fullest extent permissible by law, no conditions, warranties or other terms apply to the Promotion and all free products are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose).
9.9 FOR AUSTRALIA: The Participant’s statutory rights are not affected (including the Consumer Guarantees under Schedule 2 of the Competition and Consumer Act 2010). FOR JAPAN: In case a legal minor Part icipant wins a prize and if the acceptance/usage of such prize requires the approval of a Guardian, the Organizer is entitled to determine an alternate winner in case no such approval is given. Neither the Participant nor the Guardian has any rights or claims regarding the Organizer’s decision. FOR RUSSIA: The Organizer hereby informs the Prize Recipient that, in accordance with the provisions of the Tax Code of the Russian Federation, the value of all Prizes received from organizations exceeding 4,000 (four thousand) Russian rubles for the reporting period (calendar year), including those received in kind, is included in the tax base on personal income tax. By participating in the Promotion and agreeing with these Terms, the Participants, including the Prize Recipient, are duly informed of the above rule of the Russian tax legislation.
9.10 The Organizer excludes any responsibility and/or liability in case the participation/the award of the Prize requires the approval of a Guardian. This solely lies within Your responsibility.
10. GENERAL
10.1 If any provision of the Terms shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or impaired thereby.
The parties agree for all disputes arising from and in connection with these terms, to the extent permitted by law, the exclusive jurisdiction of the court at the registered office of WRC Promoter GmbH in Munich. FOR JAPAN: These Terms shall be governed by and construed in accordance with the laws of Japan and the parties submit to the non-exclusive jurisdiction of the Tokyo District Court. FOR RUSSIA: These Terms shall be governed by and construed in accordance with the laws of the Russian Federation. All disputes arising out of or in connection with these Terms should firstly be tried to be settled amicably. If not, the disputes shall be settled by the courts competent for the address of the Organizer.
10.2 For general questions arising out of these Terms and/or related to this Promotion, please contact info@wrc.com.
10.3 FOR CHILE: These terms and conditions are filed before the Notary of Santiago.
10.4 FOR SOUTH AFRICA: If You are a consumer, as defined in the Consumer Protection Act 68 of 2008 (‘Consumer Protection Act’) the Organizer (as defined below) has a duty to point out certain important terms to you. The paragraphs which contain these important terms and the reasons why they are important are set out below:
a. Limitation of the Organizer’s liability: Clauses 1.2, 2.1, 4.3, 4.9, 5.1 and 9 are important because they limit and exclude obligations, liabilities and legal responsibilities which the Organizer may otherwise have had towards You. They also limit and exclude Your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on You.
b. Assumption of risk: Clauses 1.2, 2.1, 4.3, 5.9, 5.1 and 9 are important because they contain assumptions of risk by You and may limit Your rights and remedies against the Organizer that You may otherwise have had in law.
c. Acknowledgment of fact: Clauses 2.1, 6 and 9 are important because they each contain an acknowledgement of fact by You. You must read each paragraph carefully ensure that the facts acknowledged by You are true and correct.
d. Indemnity: Clause 9 requires You to indemnify and hold the Organizer harmless against claims that may be made against the Organizer in certain circumstances. This may place various risks, liabilities, obligations and legal responsibilities on You and may entitle the Organizer to claim payment from You of the amount(s) of these aforesaid claims.
Status: 02 December 2024
Japan
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Turkey