Terms and Conditions – Retailer Giveaway

Retailer Giveaway October 2021

Valid through 07 October to 13 October 2021

The following terms and conditions (“T&C”) regulate the conditions for participation in the social media competition (“DACH Retailer Competition October 2021”) and provide the relevant information on the protection of personal data within that context. The competition is conducted on Facebook and organised by Swandoo GmbH, Reisnerstraße 55-57, Top B3, 1030 Vienna, Austria (“Swandoo” or “we”). By participating in the Competition, the user confirms to have read and accepts these T&C.

§1 Participation

(1) Participation in the Competition is free of charge and independent of any purchase of goods or services.
(2) Only natural persons over the age of eighteen (18) who possess full legal capacity are entitled to participate. However, participation shall be limited to residents of Germany, Austria, and Switzerland.
(3) All such persons following Swandoo’s DACH Facebook page as well as liking and commenting under the competition posting on the Swandoo DACH Facebook page within the specified period of time shall be considered participants of the giveaway/competition.
(4) Employees and other staff members of Swandoo, its subsidiaries, and associate companies as well as third companies being involved in the organization and execution of this Competition, shall not be eligible to participate. The same shall apply to all persons being related to or living in cohabitation or shared accommodation with the persons mentioned above.
(5) Submitting entries repeatedly by commenting several times, wherefore one (1) person acquires multiple winning chances, shall be expressly allowed.
(6) Swandoo reserves the right to exclude participants acting contrary to the rules as stipulated in these T&C from the Competition. This applies in particular to participants making false statements or using unauthorized aids or otherwise gaining advantages through manipulation, for example through the use of automatic scripts or hacker tools. In such cases, if necessary, a prize can be consequently denied or reclaimed. The participant has no legal claim to participate in the Competition.

§2 Procedure

(1) All participants have the chance to win one (1) € 100,- voucher redeemable in the Zwergperten online shop or in any of the Zwergperten stores in Germany, Austria and Switzerland. The voucher is valid for all products excluding car seats. Should the winner want to choose to redeem their voucher for a Swandoo product, the amount will increase by € 50,- to a total of €150,-.
(2) The winner will be determined among the participants. The drawing of prizes will only take place among the participants who follow Swandoo DACH Facebook page, have liked and posted a comment under the invitation to participate in the form of a posting on the Swandoo competition post within the specified period of time. The participant is solely responsible for the accuracy and completeness of his entry. Subsequent changes or change requests cannot be taken into account. The participant expressly declares that he will not make any false statements about his person.
(3) The Competition shall be open for participation from 07 October 2021 11:00 am CET, to 13 October 2021, 11:00 pm CET. The winners will then be determined at random with the “Good Lucky Fairy” tool from Fanpage Karma, available at https://www.fanpagekarma.com/facebook-promotion. This tool identifies the winners of a Facebook/Instagram promotion with just one click. Comments on the Facebook posting concerning the Competition being made after the deadline as specified above will not be taken into consideration for the draw.
(4) After the participation period as specified in § 2. (3) has ended and the winning entries have been drawn, the winners will be informed via direct message on Facebook. In this message, the winner will be asked to send an email specifying their full name and postal address within three (3) days to the email address indicated. The prize shall be sent to the email or postal addresses thus specified by the winners within fourteen (14) days.
(5) Once the deadline of three (3) days to send an email to us pursuant to § 2. (3) has expired, the respective winner is no longer entitled to redeem the prize unless he provides sufficient proof that the delay is not attributable to his person in good time. The same shall apply if the prize cannot be delivered successfully due to the indication of incorrect information by the respective winner or as well as in similar cases not caused by us. In such cases, Swandoo reserves the right to determine a new winner, however, we shall not be obligated to investigate the matter further or take any action.
(6) Conversion of the prizes into cash is not possible. Should a product not be available, for whatever reason, Swandoo reserves the right to award an equivalent substitute prize.
(7) During the time in which the Competition is being held, Swandoo will not provide any information on its progress or the participation of individual participants.

§3 Data protection

(1) The data provided by commenting on the Swandoo Facebook page will be treated confidentially by Swandoo, not passed on to third parties and processed exclusively for the purposes stated in these T&C, i.e. the execution of the Competition and, in particular, the distribution of the prizes. This applies all the more to personal data transmitted to Swandoo per email in order to obtain a prize in the Competition, as those data are not publicly available on Facebook.
(2) Should Swandoo engage any natural or legal person other than its employees in order to gain support regarding the execution of the Competition, they will be considered data processors of Swandoo if they need to process any of your personal data. Therefore, Swandoo will contractually ensure that they are expressly bound by our instructions and comply with all data protection requirements.
(3) The legal basis for the data processing operations in the context of the Competition is the necessity for the performance of a contract pursuant to Art. 6 para. 1 lit. b of the General Data Protection Regulation of the EU (“GDPR”). Any such processing of personal data will be performed under strict observance of the requirements of the GDPR. For further information on how data protection is carried out by Swandoo, please review our Privacy Policy under https://swandoo.com/privacy-policy/. These provisions shall apply correspondingly, in particular with respect to point 6. (rights of the data subjects), point 7. (data security; data erasure) and point 13. (right of appeal). For data protection questions, messages or requests, please use the contact address indicated in § 6.
(4) As long as there is no legal obligation to keep them stored for longer periods, Swandoo will ensure to erase all personal data collected and processed for the execution of the Competition as soon as the Competition has ended and the prizes have been distributed.

§4 Liability

(1) Swandoo shall only be liable for damages suffered by participants insofar as the respective damage was caused intentionally or with gross negligence by Swandoo, its legal representatives or vicarious agents.
(2) The availability and functionality of the Competition cannot be guaranteed continuously in terms of time and space, however, Swandoo is eager to ensure a trouble-free process at all times. Within that context, Swandoo shall not be liable for damages caused by errors, delays or interruptions in data transmission, malfunctions of the technical equipment, loss or deletion of data and viruses. We particularly assume no liability with regard to a potential impossibility of participation due to technical reasons or cancellation of the Competition in accordance with § 5. (1). The same shall apply to incorrect descriptions.
(3) In no case, any limitation of liability shall apply to damages arising from injury to life, body or health. Any violation of the provisions on the processing of personal data pursuant to the GDPR (cf. § 3.), which are attributable to Swandoo, shall be solely subject to the stipulations of part VIII of the GDPR on remedies, liability and penalties.

§5 Miscellaneous

(1) Swandoo reserves the right to cancel the Competition or alter it alongside these T&C in the event of a disaster, war, civil or military disturbance, actual or anticipated violation of any applicable law or regulation, or any other event that goes beyond our control, without prior notice. In particular, the Competition may be cancelled prematurely if proper performance cannot be guaranteed for technical or legal reasons. The same shall apply to all cases and reasons preventing Swandoo from a proper execution of the Competition or if fair play appears to have been compromised.
(2) Should individual provisions of these T&C be or become invalid or void, the validity of the remaining provisions shall not be affected.
(3) These T&C shall be governed by Austrian law under the exclusion of the reference provisions of Austrian private international law. However, the statutory provisions limiting the choice of law with respect to natural persons for whom the purchase of our products cannot be attributed to their professional or commercial activity (consumers) shall remain unaffected. In particular, the customer having a claim under these T&C shall regardless of the choice of law be in accordance with Art. 6 para. 2 of Regulation (EC) No. 593/2008 (Rome I Regulation) entitled to invoke the mandatory protection of the law which would be applicable without such choice.
(4) Redress through the courts of law shall be excluded.
(5) This Competition has no connection to Facebook and is in no way sponsored, supported or organised by Facebook. Facebook thus shall in no way be responsible for any damages arising in relation to the execution of the Competition. The recipient of all information any participant may provide is not Facebook, but Swandoo. Such information will only be used for the execution of the Competition. However, Facebook will have access to the information publicly provided on the network, in particular the fact that you – as the owner of your respective Facebook profile – have commented on the Swandoo Instagram page as well as the content(s) of that / those comment(s).

§6 Contact details

The Competition is provided by Swandoo GmbH. If you have any questions within that context, please use the following contact address to get in touch with us:

Swandoo GmbH
Reisnerstraße 55-57, Top B3
1030 Vienna
Austria
Email: hello@swandoo.com

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