StableNet® SWEEPSTAKE

Conditions of Participation and Privacy Notice

This Participation and privacy Information (hereinafter collectively referred to as the “Terms of Participation”) apply to participation in our sweepstake.

The terms and conditions of participation contain conditions, including rules for participation, information on prizes and on the processing of participants’ data and their rights of objection and withdrawal. The terms used are not gender-specific.

Organization

Infosim GmbH & Co. KG
Landsteinerstraße 4
97074 Würzburg Germany

Legal information: https://www.infosim.net/imprint/.

E-mail Address: info@infosim.net.

Phone: +49-931-20592-200.

1. Age Restriction

Participation is only possible from the age of 18.

2. Territorial Restriction

Participation is subject to your having your domicile, office or place of usual residence in the region(s) listed below:

Participation is possible worldwide.

3. Further Criteria for Eligibility

The following entry requirements and restrictions apply to our Sweepstake:

Exclusion of employees and other Involved Parties: Excluded from participation are our employees, as well as their spouses or life partners, parents, children, siblings or persons living in the same household.

Submission: Participation in the competition requires the submission of the required entry form.

Become a fan or follower: Participation in the sweepstake is only open to those participants who become subscribers of Infosim®´s Youtube Account.

REST-License: The prize can only be used by Partners or Customers with a REST-License (rest reporting license) in StableNet®. Therefore an active REST-License is mandatory to participate in the sweepstake.

4. Start and End of the Sweepstake

Start of the Sweepstake: 24. August 2021.

End of the Sweepstake: The first winner will be drawn on September 30th. The sweepstake will run until the end of the year, with a winner being chosen on the last day of each month.

5. Information on Prizes

The winners will each receive one StableNet® Traffic Light Control and free implementation support from Infosim®´s professional services.

Determination of Winners: The winners will be randomly selected.

Exclusion of Transfer and Payout of Prizes.: The prize is not transferable. A payment of the prize in cash or an exchange is not possible.

6. Notifications of Winners and Entitlement to a Prize

Winners will be notified in a timely manner through email.

Participants may be asked to provide feedback and pick up or otherwise claim prizes within a time limit. In the event of inability to comply, please contact us so that we can make an alternative appointment, if possible and reasonable.

The participants are responsible for the correctness of the contact data provided. If winners cannot be notified due to incomplete or incorrect contact data, the prize is forfeited.

It is not possible to pay out the prizes in cash, in kind, which may be exchanged or transferred to other persons, subject to other information or agreements.

All StableNet® partners and customers who are subscribed to our channel and fill out the form will be eligible for each drawing. Every participant can only win once.

Number of weeks within which winners must respond to the winning notification: Four weeks

Number of weeks within which the winners must collect their prize or claim it otherwise: Six weeks

7. Participants’ Responsibility

Exclusion in the Event of Misuse: We reserve the right, at any time and without notice, to exclude any entrant who, without express permission, uses multiple email addresses or social media accounts to increase their chances of winning, technically manipulates the sweepstake or the operation of the game, or otherwise violates these Terms of Participation or the law, from participating in the sweepstake, subject to reasonable criteria.

No Bothering of other Persons: The participants may not bother other persons within the context of the sweepstake. For example, any messaging, forwarding or sharing functions may not be used to send messages if it is likely that the recipient will not wish to receive them.

Exclusion of participation intermediaries: The participation of competition or sweepstake agents and other automatically generated mass participation procedures is expressly excluded and will not be taken into account when determining the winner of the sweepstake.

8. Public Announcement of the Winners

The names of the participants may be publicly announced in connection with the Sweepstake or presentation of the entries and winners by us in online media (e.g. on websites and in social media) or in print media. Participants may object to this at any time with effect for the future.

9. Sweepstakes within Online-Platforms

If the sweepstake takes place within an Online-Platform or a social network (e.g. Facebook or Instagram, in the following referred to as “Online-Platform”), the following provisions apply additionally.

Participants may not assert any claims against the Online-Platform that arise in connection with participation in and use of the sweepstake. Participants acknowledge that the sweepstake is in no way sponsored, supported or organised by the Online-Platform, nor is it connected to the Online-Platform in any way. All information and data provided by or collected from entrants in the context of the sweepstake will be provided only to us and not to the Online-Platform. We kindly ask you to address all enquiries and comments regarding the lottery to us and not to the Online-Platform.

In addition to these Terms of Participation, the applicable terms and conditions and data protection information of the online platform shall apply in relation to the online platform. Further information on the consent process, information on consents given and possibilities to revoke such consents can be found in the data protection information of the Online-Platform.

10. Information on Warranty and Liability

We would like to point out that the sweepstake and the prizes are voluntary services on our part, which are not subject to the same scope of guarantee and liability as, for example, the purchase of such prizes independent of the sweepstake.

Warranty limitations for Prizes: We shall not be liable, subject to our own fault in accordance with the provisions of the liability notices in these conditions of participation, for goods and services won which are not offered on the market by ourselves. In all other respects, the warranty and guarantee conditions of the respective providers of the items and services shall apply, provided that these do not restrict the participants and can be transferred by us to the participants.

Termination or Restriction of the Sweepstake: We would like to point out that the availability and function of the sweepstake can only be guaranteed within the scope of reasonability for us and the participants. The sweepstake may be terminated by us at any time, in particular due to external circumstances and constraints. External circumstances and constraints include, but are not limited to, technical problems, legal changes or mandatory measures by third parties beyond our control.

Differences of Prizes: The prizes shown in the description of the sweepstake may differ from the goods or services presented to the winners, provided that they are equivalent in terms of the prizes described from the point of view of an average participant. According to this, deviations in model, color, locality, etc. may exist.

Liability: The following disclaimers and limitations of liability shall apply to our liability for damages, notwithstanding the other statutory conditions for claims.

Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents. We shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the sweepstake and on the compliance with which the contracting parties regularly rely (so-called cardinal obligations). In this case, however, we shall only be liable for the foreseeable damage typical of the respective legal relationship. We shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences. We shall be liable without limitation if the cause of the damage is based on intent or gross negligence. In the case of grossly negligent breach of duty by our vicarious agents, the aforementioned restrictions to the slightly negligent breach of essential obligations shall apply.

The above limitations of liability shall not apply in the event of injury to life, limb or health, in the event of a defect following the granting of quality guarantees for the quality of a product and in the event of fraudulently concealed defects. The liability according to the product liability law remains unaffected.

Legal Recourse: There is no legal recourse with regard to the drawing of the winners and any evaluation of the entries submitted in the sweepstake.

11. Subscription to the Newsletter

We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter referred to as “newsletters”) only with the consent of the recipient or a legal permission. Insofar as the contents of the newsletter are specifically described within the framework of registration, they are decisive for the consent of the user.

In order to subscribe to our newsletters, it is generally sufficient to enter your e-mail address. We may, however, ask you to provide a name and your company´s name for the purpose of contacting you personally in the newsletter or to provide further information if this is required for the purposes of the newsletter.

The registration to our newsletter takes place in general in a so-called Double-Opt-In procedure. This means that you will receive an e-mail after registration asking you to confirm your registration. This confirmation is necessary so that no one can register with external e-mail addresses.

The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes storing the login and confirmation times as well as the IP address. Likewise the changes of your data stored with the dispatch service provider are logged.

We may store the unsubscribed email addresses for up to three years based on our legitimate interests before deleting them to provide evidence of prior consent. The processing of these data is limited to the purpose of a possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of a consent is confirmed at the same time. In the case of an obligation to permanently observe an objection, we reserve the right to store the e-mail address solely for this purpose in a blacklist.

The sending of the newsletter is based on the consent of the recipients or, if consent is not required, on the basis of our legitimate interests in direct marketing. Insofar as we engage a service provider for sending e-mails, this is done on the basis of our legitimate interests. The registration procedure is recorded on the basis of our legitimate interests for the purpose of demonstrating that it has been conducted in accordance with the law.

Performance measurement: The newsletters contain a so-called “web-beacon”, i.e. a pixel-sized file, which is retrieved from our server when the newsletter is opened or, if we use a mailing service provider, from its server. Within the scope of this retrieval, technical information such as information about the browser and your system, as well as your IP address and time of retrieval are first collected.

This information is used for the technical improvement of our newsletter on the basis of technical data or target groups and their reading behaviour on the basis of their retrieval points (which can be determined with the help of the IP address) or access times. This analysis also includes determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. It is, however, neither our endeavour nor, if used, that of the shipping service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

Contents:

Information about us, our services and offers.

 

12. Privacy Information

We process the personal data (also referred to as “data” below) of participants in sweepstakes, contents, raffles, prize-draws or sweepstakes (hereinafter referred to as “competitions”) only in compliance with the relevant data protection regulations and if the processing is necessary for the provision, execution and handling of the competition (Article 6 (1) (b) GDPR), the participants have consented to the processing (Article 6 (1) (a) GDPR) or the processing serves our legitimate interests (e.g. in the security of the competition or the protection of our interests against misuse by possible recording of IP addresses when submitting entries to the competition according to (Article 6 (1) (f) GDPR).

The participant’s data will only be transmitted to other parties if this is necessary for the execution of the sweepstakes and competitions (e.g. to send prizes by Sponsor(s) or to technical service providers or agencies commissioned in connection with the Competition) or if a participant has consented to the transmission.

In the context of the competition, we inform the participants which of their data are required for participation.

The data of the participants will be deleted as soon as the competition has ended and the data is no longer required to inform the winners or because questions about the competition can be expected. In general, the data of the participants will be deleted at the latest 6 months after the end of the competition. Winners’ data can be retained for a longer period of time, e.g. in order to answer questions about the prizes or to fulfil the prizes; in this case, the retention period depends on the type of prize and is up to three years for items or services, e.g. in order to be able to process warranty claims. Furthermore, the participants’ data may be stored for longer, e.g. in the form of coverage of the competition in online and offline media.

Insofar as data was collected for other purposes as part of the sweepstake, its processing and storage period shall be governed by the privacy information for this use.

If we process your data or provide additional information on the processing of your data, we will provide a link to our privacy policy and refer you to this privacy policy.

As data subject, you are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 21 of the GDPR:

      • Right of withdrawal for consents: You have the right to revoke consents at any time.
      • Right of acces: You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with the provisions of the law.
      • Right of acces: You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with the provisions of the law.
      • Right to rectification: You have the right, in accordance with the law, to request the completion of the data concerning you or the rectification of the incorrect data concerning you.
      • Right to Erasure and Right to Restriction of Processing: In accordance with the statutory provisions, you have the right to demand that the relevant data be erased immediately or, alternatively, to demand that the processing of the data be restricted in accordance with the statutory provisions.
      • Right to data portability: You have the right to receive data concerning you which you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements, or to request its transmission to another controller.
      • Complaint to the supervisory authority: You also have the right, under the conditions laid down by law, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

Our Privacy Policy: https://www.infosim.net/privacy/.

Contact data protection officer: Christian Schwab

Main Intelligence GmbH

Landsteinerstraße 4

97074 Würzburg

Germany

Email: datenschutz@infosim.net

 

13. Concluding Provisions

Deviating conditions: The sweepstake is determined solely according to our Terms of Participation. Deviating conditions of the participants are not valid without our express consent.

Applicable law, Place of Fulfilment and Jurisdiction: The legal relationship between us and the participants is subject exclusively to the law of the Federal Republic of Germany. Unless otherwise stated, the place of performance for claims in connection with the competition shall be our (registered) office. The exclusive place of jurisdiction for all disputes arising from or in connection with the competition shall be our (registered) office, provided that a participant is a merchant, a legal entity under public law or a special fund under public law or the participant has no place of jurisdiction in the Federal Republic of Germany. We reserve the right to assert our claims at the legal place of jurisdiction.

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