Conditions of participation and data protection conditions for competitions
Conditions of participation and data protection information for competitions
of Recaro Gaming GmbH & Co. KG
A. Conditions of participation
By entering the competition you agree to the following terms and conditions:
These conditions of participation for competitions of Recaro Gaming GmbH & Co. KG (hereinafter: Recaro Gaming) on Facebook, Twitter and Instagram (hereinafter: "Conditions of Participation") apply to all competitions conducted on an official Recaro Gaming Facebook page or on Recaro Gaming's official Twitter and Instagram channels that are directed at consumers in Germany and Austria and refer to these Conditions of Participation in the respective competition post.
- Organizer of the competition
The organiser of the competition is Recaro Gaming GmbH & Co. KG, Schlossstr. 70, 70176 Stuttgart, which organises competitions from time to time, including via social media such as Facebook, Twitter or Instagram.
- Prerequisite and eligibility for participation
(a) Participants must have an Instagram profile. The competition starts on 07.12.2021. The closing date is 10.01.2022.
(b) All natural persons who have their permanent residence in Germany or Austria are eligible to participate. Participants under the age of 18 require the consent of their legal guardian to participate.
(c) Only one entry per person is permitted. Participation and chances of winning are in no way dependent on the purchase of a Recaro Gaming product.
(d) Legal representatives and employees of Recaro Gaming as well as affiliated contractors and employees of companies engaged by Recaro Gaming in the course of conducting the competition, as well as the respective relatives of all such employees, are excluded from participation.
- How can you participate?
The competition will be promoted on Instagram. To enter the competition, the person entering must like the image/post of the competition entry and tag two people under the entry on Instagram.
(5) Are there any costs?
In principle, there are no costs for participating in the competition. If entry tickets to events or tournaments or vouchers for e-sports training courses or similar are provided as prizes in the competition, the costs for travel, journey or overnight stay at the location of the event, tournament or training course are not included in the prize.
The prizes will be named in the competition posts (Facebook, Instagram, Twitter). Prizes are non-transferable. Prizes cannot be exchanged for cash or another prize. Recaro Gaming reserves the right to provide the winner with an alternative prize of equal or greater value should an advertised prize become unavailable for any reason.
- Selection and notification of winners
(a) The number of winners will already be named in the competition post. The winner(s) will be determined on 10.01.2021 among all participants by means of a draw.
(b) Recaro Gaming will notify the winner(s) on its own official Instagram page where the competition was conducted by sending a direct message to the winners. The winner(s) must email their first and last name, full postal address and a screenshot of their Instagram profile in edit view, which only the profile owner can see, to firstname.lastname@example.org within 5 days of this notification by Recaro Gaming to confirm the win. Failure to provide this confirmation by the winner will result in the affected winner losing all rights to their prize. In this case, a replacement winner will be determined once. Should this also fail to confirm the prize, the prize will be deemed lost and will remain the property of Recaro Gaming.
- Exclusion from the competition
Participants who manipulate the competition in any way will be excluded from the competition by Recaro Gaming.
- Reservation of the termination
Recaro Gaming reserves the right to cancel, terminate, suspend, postpone or modify the competition in whole or in part without prior notice in the event of unforeseen circumstances beyond the control of Recaro Gaming which prevent the competition from being carried out as planned. Liability for this is excluded towards participants, winners or towards third parties.
- Inappropriate comments and exemption
(a) Recaro Gaming reserves the right to delete inappropriate comments and exclude the entrant from the competition if Recaro Gaming considers the entrant's comment to be inappropriate. In particular, the following comments are considered inappropriate:
- Unlawful comments,
- which, for example, infringe copyrights, industrial property rights (such as trademark rights, registered designs or other industrial property rights of third parties), trade secrets, the right to one's own image or data protection rights of third parties or
- contain false statements of fact or abusive criticism, e.g. defamatory, indecent, insulting, sexist, obscene, abusive comments as well as hate comments or
- inappropriate comments for any other reason which do not appear to be acceptable; or
- Comments that are in no way related to the competition.
(b) The participant is solely liable for his/her comments and indemnifies Recaro Gaming from any liability towards third parties.
- Announcement of the winners
Recaro Gaming will not announce the winners.
Recaro Gaming is only responsible for intent and gross negligence.
- Legal action
Legal recourse is excluded with regard to the drawing of the winners and any judging of the competition entries submitted.
- Choice of law/court of jurisdiction
The conditions of participation are subject to German law. Any disputes arising from this competition shall be subject to the exclusive jurisdiction of the courts of the place where the participant is domiciled.
- Special conditions for competitions on Facebook
(b) The participant releases Facebook from any liability for his/her comments.
- Special conditions for competitions on Instagram
(a) The competition is in no way sponsored, supported or organised by Instagram. The contact person and person responsible is solely Recaro Gaming GmbH & Co. KG.
(b) The participant releases Instagram from any liability for his/her comments.
(c) The participant shall only mark his/her own person in photographs.
- Special conditions for competitions on Twitter
Participants are not permitted to enter the competition with more than one account in order to increase their chances of winning. Otherwise, he/she risks Twitter blocking all accounts. Furthermore, the repeated posting of the same or a very similar tweet from Twitter is prohibited. In case of violation, these participants will be filtered out of the Twitter search.
B. Information on data processing for competitions via
our official Recaro Facebook page, Recaro Twitter and Instagram page,
Status June 2020.
In the following, you will find the legally required information on the processing of your personal data and the rights to which you are entitled in accordance with the German Data Protection Regulation (DS-GVO) and the German Federal Data Protection Act (BDSG). This data protection information applies to the data processing of competitions carried out via the respective official Recaro Gaming Facebook, Twitter and Instagram pages:
- Name and contact details of the data controller and the company data protection officers
RECARO Gaming GmbH & Co. KG
Phone: +49 (0)711 504 376 44
(hereinafter: "RECARO Gaming" or "we" or "us").
If you have any data protection questions, you can contact our data protection team:
RECARO Gaming GmbH & Co. KG
Phone: +49 711 504 376 44
- Personal data processed
If you enter one of our competitions, we will process the following information:
- Facebook, Twitter or Instagram username (depending on which portal you use to enter the competition)
- If you have won, we will collect your first and last name and either your email address if the prize is given to you via a download link or your postal address with telephone number if we send you the prize by post.
- If applicable, further data (first name, surname, e-mail address, other voluntary details if applicable) if you send us a message and IP address and time if this message is an e-mail.
- Purposes of data processing
The collection of this data takes place
- to be able to identify the winners;
- to be able to notify the winners and send them the prize (e.g. sending tickets by post)
- to contact the participants in the context of the administration of the competition or to reply to your message
- Legal basis
The data processing is carried out on the basis of your participation in the competition and is necessary for the appropriate organisation and implementation of the competition as well as the dispatch of the prizes in accordance with Art. 6 para. 1 sentence 1 lit. b) DS-GVO for the purposes stated.
If you send Recaro an e-mail or other communication, the legal basis for this, if and insofar as you have given your consent, is Art. 6 para. 1 lit. a) DS-GVO.
The legal basis for the processing of data transmitted in the course of sending an e-mail or other message is also Art. 6 para. 1 lit. f) DS-GVO. If the message is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b) DS-GVO.
The processing of personal data from an e-mail sent to us serves solely to process the contact. This also constitutes the necessary legitimate interest in processing the data if it is processed on the basis of Art. 6 (1) f) DS-GVO.
- Duration of the storage of personal data
The personal data collected by Recaro for the organisation and implementation of the competition as well as the dispatch of the prizes will be stored until the expiry of the legal obligation to retain the data and then deleted, unless you have consented to a longer storage period in accordance with Art. 6 Para. 1 S. 1 lit. a) DS-GVO or there is another basis for the storage in accordance with the DS-GVO. In individual cases, a longer storage period may be necessary for evidence purposes (e.g. in the context of a legal dispute).
The data from a message that you have sent us will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. This is the case when the respective conversation with you has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.
After a revocation or objection (cf. section (8) Data subject rights and section (9) Information on your right to object pursuant to Art. 21 DS-GVO below), your personal data will be deleted within 7 days and Recaro will then no longer send you any further information, irrespective of contacting you in the context of other competitions or responding to further enquiries.
- Disclosure of data to third parties; processors
Your personal data will not be transferred to third parties for purposes other than those mentioned below:
Insofar as this is necessary for the organisation and processing of the competition in accordance with Art. 6 para. 1 p. 1 lit. b) DS-GVO, your personal data will be passed on to third parties. This includes, in particular, the forwarding of your address and telephone number to shipping service providers for the transmission of the prize won. This data may only be used by the third party in question to carry out the competition. If we use a processor, we will ensure that the processor is contractually bound to protect your personal data in the same way as we are.
Transmission to recipients in countries outside the European Union does not take place as a matter of principle.
- No automated decision-making and no profiling
Exclusively automated decision-making - including profiling - pursuant to Art. 22 GDPR means that machine-processed data directly lead to a computer-assisted decision, i.e. a decision made by data processing equipment, which is not subject to even partial evaluation by a natural person. According to Art. 4 No. 4 GDPR, profiling is any type of automated processing of personal data which serves to evaluate personal aspects of a natural person.
Recaro does not use automated decision-making in this sense, nor does Recaro carry out profiling.
- Data subjects' rights
You have that right:
- In accordance with Art. 7 (3) DS-GVO, you may revoke your consent at any time. This can be done formally and without notice. It is sufficient to send an e-mail to: email@example.com. The revocation of consent does not affect the lawfulness of the processing of your data carried out on the basis of the consent until the revocation. The only consequence of the revocation is that the data processing, which was based exclusively on this consent, may no longer be continued in the future;
- You have the right to request information about your personal data processed by us in accordance with Art. 15 DS-GVO. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;
- to immediately request the correction of incorrect or incomplete personal data stored by us in accordance with Art. 16 DS-GVO;
- to request the deletion of your personal data stored by us in accordance with Art. 17 DS-GVO, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
- to request the restriction of the processing of your personal data in accordance with Art. 18 DS-GVO, insofar as the accuracy of the data is disputed by you or the processing is unlawful, but you object to its deletion and instead request the restriction of the use of the personal data or the data is no longer required, but you need it to assert, exercise or defend legal claims or you have objected to the processing in accordance with Art. 21 DS-GVO;
- in accordance with Art. 20 DS-GVO, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller; and
- complain to a supervisory authority in accordance with Art. 77 DS-GVO. As a rule, you can contact the supervisory authority of your usual place of residence.
In the event of a complaint, you are welcome to first contact the responsible person named in point (1) above by sending an e-mail to firstname.lastname@example.org, who will process your complaint quickly.
(9) Information about your right to object according to Art. 21 DS-GVO
(10) Reservation of the right to amend