Conditions of participation and privacy information for competitions

1. Organiser and duration of the competition; entry procedure

  1. Galaxus Deutschland GmbH, Schützenstrasse 5, 22761 Hamburg (hereinafter referred to as the “Organiser”), organises a competition. The competition shall take place during the promotional period specified in the competition announcement or for as long as stocks last for items that can be ordered as part of the competition.
  2. The organiser reserves the right to cancel or terminate the competition without prior notice due to unforeseen circumstances (in particular those of a technical or legal nature).
  3. Participation in the competition is only possible upon acceptance of these conditions of participation within the specified period.
  4. Participation takes place by the participant indicating in the Galaxus customer survey that they wish to take part in the competition and by providing the additional information required for this purpose. Each participant is responsible for the accuracy of the information they provide.
  5. Participation in the competition is free of charge.
  6. Internet access is required to take part in the competition. Costs incurred in the course of participation, such as costs for Internet usage, shall be borne by the participant. If the registration cannot be carried out for technical reasons, the organiser shall not be liable for this.

2. Eligibility to participate

  1. Natural persons (consumers) aged 18 and over who are resident in Germany are eligible to participate.
  2. Multiple registrations are not permitted.
  3. Employees of Digitec Galaxus AG and its subsidiaries and their family members, as well as all employees of cooperation partners who are or were involved in the creation or organisation of the competition and their family members, are excluded from participation.
  4. The organiser reserves the right to exclude participants from the competition who enter the competition more than once, provide false information, use unauthorised aids or otherwise gain or attempt to gain an advantage through manipulation.

3. Details of participants, publication of winning entries

  1. With regard to all information provided by the participant in the course of taking part in the competition, in particular by completing online forms set up for this purpose, submitting physical works, uploading audiovisual content or similar, the participant guarantees that they will not send any content whose provision, publication or use violates applicable law or the rights of third parties, in particular criminal offences under §§ 185 et seq. of the German Criminal Code (StGB) or the transmission of personal data of third parties that could lead to their identification.
  2. The participant shall indemnify the organiser against claims of third parties of any kind resulting from the illegality of information and content provided by the participant. The indemnification also includes the obligation to fully indemnify the organiser against legal defence costs (e.g. lawyer fees).
  3. By participating in the competition, the participant releases the operators of social networks on which the invitation to participate in the competition is published from any liability.
  4. The organiser reserves the right to publish any contributions made by the participant in the context of the competition and/or works created by the participant, including indication of the first name and abbreviated last name. By participating in the competition, the participant agrees to this and transfers all necessary rights for advertising purposes exclusively, geographically and for an unlimited period of time to the organiser free of charge.
  5. A breach of these conditions of participation entitles the organiser to exclude the respective participant from participation; this applies in particular in the case of breaches of paragraph 1 or if other information provided by the participant can be regarded as glorifying violence, offensively harassing or degrading or it breaches accepted norms of public decency.

4. Prize

  1. The organiser will draw the prizes specified in the competition announcement from among the participants.
  2. Payout of the prize in cash or in kind, its exchange or transfer to other persons is not possible.

    If the prizes are physical goods: The winner must confirm the prize within two weeks of receiving the prize notification in accordance with Section 1(7) and provide their name and address. If the prize is not confirmed, it will not be drawn again from the remaining participants and will be forfeited.


If the prizes are vouchers: The respective voucher will be sent to the participant for redemption in the organiser’s German online shop and can be used within the regular limitation period set out in §§ 195 and 199 of the German Civil Code (BGB) for orders in the online shop.
 

  1. Any taxes due on the profit shall be borne by the organiser, unless it is considered other taxable income of a trader within the meaning of § 22 No. 3 of the German Income Tax Act (EStG).

5. Limitation of liability

  1. Notwithstanding other statutory requirements for claims, the following limitations of liability apply to the organiser’s liability for damages.
  2. The organiser shall be liable without limitation if the cause of the damage is based on intent or gross negligence. Furthermore, the organiser shall be liable for the slightly negligent breach of essential contractual obligations, namely those whose fulfilment is essential for the proper running of the competition and on whose compliance the participants regularly rely and may rely. In this case, however, the organiser shall only be liable for foreseeable damage typical of the contract. The organiser shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
  3. The above limitations of liability shall not apply in the event of injury to life, limb and health, for liability due to a defect following the assumption of quality guarantees or a procurement risk or due to fraudulently concealed defects. Liability under the Product Liability Act or other mandatory statutory liability provisions shall remain unaffected. Insofar as the organiser’s liability is limited, this also applies to the personal liability of the organiser’s officers, employees, representatives and performing agents.

6. Privacy information

  1. The data transmitted to the organiser when participating in a competition shall only be used for the purpose of running the competition and notifying the winners, unless the participant has consented to further use of their data. The legal basis is Article 6(1)(b) of the GDPR (processing for the purpose of running the competition) and, in the case of the participant’s consent, Article 6(1)(a) of the GDPR.
  2. The participant can object to the use of their data at any time in writing or by e-mail to the organiser at datenschutz@galaxus.de. As a result, the personal data will no longer be processed and used. After revocation of their consent, the participant’s personal data subject to this consent will be deleted immediately.
  3. The personal data collected will be deleted no later than four weeks after the end of the promotion, unless the participant has consented to further use of the data by the organiser in individual cases.
  4. The organiser’s general privacy information, including the Privacy notice, shall also apply.

7. Jurisdiction and applicable law; severability clause

  1. The law of the Federal Republic of Germany shall apply exclusively. There is no right of appeal.
  2. Should any provision of these conditions of participation be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of these conditions of participation. The invalid provision shall be replaced by the legally permissible provision that comes closest to the economic meaning and purpose of the invalid provision. The same shall apply in the event of a loophole in these conditions of participation.