GrowTechnology GmbH
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Competition

Terms and Conditions of Participation and Privacy Notice

Table of Contents

  • Organiser
  • Notice of the Competition Announcement
  • Definition of Terms
  • Age Restriction
  • Territorial Restriction
  • Further Eligibility Criteria
  • Start and End of the Competition
  • Information on Prizes
  • Further Information on Prizes
  • Participants' Responsibility
  • Use of Competition Entries
  • Naming of Competition Participants
  • Competitions on Online Platforms
  • Information on Warranty and Liability
  • Information on Data Protection

Organiser
GrowTechnology GmbH
Riedstraße 14
79787 Lauchringen
Germany

1. Notice of the Competition Announcement

Details of the conditions of participation, the actions to be taken, the duration of the competition, the individual stages of the competition and any prizes are also set out in the descriptions provided to participants as part of the competition. These detailed descriptions take precedence over these terms and conditions of participation.

2. Definition of the Term "Content"

For the purposes of these terms and conditions of participation, the term "content" refers to all content and information uploaded, entered or otherwise submitted by participants in the competition, such as photos, graphics, videos, texts, comments, or details of places and persons.

3. Age Restriction

Participation is only possible from the age of 18.

4. Territorial Restriction

To participate, you must have your place of residence, office or habitual residence in the region(s) listed below:

Germany.

5. Further Eligibility Criteria

The following conditions of participation and restrictions apply to our competition:

Submission of entries: Participation in the competition requires the submission or upload of entries in accordance with the competition announcement.

6. Start and End of the Competition

Early termination: Without prejudice to the rights of existing participants and subject to reasonableness, we reserve the right to end or modify the competition early with effect for the future, or to amend these terms and conditions of participation, without giving reasons, in particular due to external circumstances and constraints. External circumstances and constraints include, in particular, technical problems, changes in the law or mandatory measures by third parties that are beyond our control.

7. Information on Prizes

Below, we inform participants about the prizes and the related terms.

Determination of winners: Winners are selected at random.

8. Further Information on Prizes

Please note the additional information on the prizes.

No transfer or cash payment of prizes: The prize is non-transferable. A cash payment or exchange of the prize is not possible.

9. Participants' Responsibility

We are not responsible for the conduct of participants or for the content published by participants as part of the competition, and we do not adopt such content as our own. We are also not obliged to review the content, but reserve the right to reverse its publication if there are sufficient indications that the content violates statutory provisions, official prohibitions, third-party rights or public morals.

Exclusion in the event of misuse: We reserve the right, at any time and without prior notice, to exclude from the competition any participants who, without express permission, use multiple email addresses, social media accounts or similar to increase their chances of winning, technically manipulate the competition or its process, or otherwise violate these terms and conditions of participation or the law, applying reasonable criteria.

No harassment of others: Participants must not harass other persons in the context of the competition. For example, messaging, forwarding or sharing functions must not be used to send messages if it is to be expected that the recipient does not wish to receive them.

Exclusion of entry services: Participation via competition entry services and other automated mass-entry methods is expressly excluded and will not be taken into account when determining the winner of the competition.

Exclusion of click generators and similar mass-voting methods: Prohibited manipulation includes the use of "clickworkers", click generators, the purchase of votes and likes, or comparable services. Particularly where other participants complain, we must intervene in such cases to protect other participants and their fair chances of winning.

We decide on any exclusion to a reasonable extent on the basis of objective criteria and indications, such as a rapid increase in votes within a very short period of time. In the event of exclusion, prizes and benefits may also be withdrawn and reclaimed retrospectively.

Responsibility for content: Participants are responsible for the content they publish as part of the competition. We and our sponsor(s), if any, are not responsible for the conduct of participants or for the content published by participants as part of the competition, and we do not adopt such content as our own. We are also not obliged to review such content but, as organiser of the competition, reserve the right to withdraw its publication if there are specific indications that the content violates statutory provisions, official prohibitions, third-party rights or public morals.

Participants must ensure that they hold the rights required to use the content for participation in this competition and that its use under these terms and conditions of participation does not violate statutory provisions, public morals and/or third-party rights.

If persons other than the participants are recognisable in photos or videos, such photos or videos may only be submitted if the persons depicted have given their consent and their personal rights and data protection rights are not infringed. Photos or videos not taken by the participants themselves may only be submitted if the authors have given their consent.

Indemnification: If claims are brought against us or our sponsor(s) on account of content that violates laws or official orders, third-party rights or these terms and conditions of participation and for which the participants are responsible, the participants shall indemnify us or our sponsor(s) against such claims and support us or the sponsor(s) in defending them. The indemnification includes the necessary costs of legal defence.

10. Use of Competition Entries

For the purpose of reporting on the competition, promoting it and presenting the entries and winners by us or our sponsor(s) in online media (e.g. on websites and social media) or in print media, participants grant us the non-exclusive, free-of-charge right, unlimited in time and territory, to reproduce, distribute, make publicly available and edit the entries they submit as part of the competition, while respecting the participants' personal rights, and to transfer the exercise of these rights to commissioned third parties, such as technical service providers or agencies. Statutory rights of revocation remain unaffected.

11. Naming of Competition Participants

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

12. Competitions on Online Platforms

If the competition takes place on an online platform or social network (hereinafter "online platform"), the following provisions also apply.

Participants cannot assert any claims against the online platform arising in connection with participation in and use of the competition. Participants acknowledge that the competition is in no way sponsored, endorsed or administered by, or associated with, the online platform. All information and data provided by or collected from participants as part of the competition will be shared only with us and not with the online platform. Please direct all enquiries and comments regarding the competition to us and not to the online platform.

Where we receive participant data from the online platform on the basis of their consent or another legal authorisation, this data will only be used, stored and otherwise processed for the purposes stated in the competition (e.g. where we have pre-filled the user's email address in a competition form).

Where participants are required to enter login credentials, this data is processed by the provider of the online platform. In particular, we have no access to participants' passwords.

In addition to these terms and conditions of participation, the online platform's applicable terms and conditions and privacy notices apply with regard to the online platform. Further information on the consent procedure, on consents given and on options for withdrawing such consents can be found in the online platform's privacy notices.

13. Information on Warranty and Liability

Please note that the competition and the prizes are voluntary services on our part and are not subject to the same scope of warranty and liability as, for example, the purchase of such prizes outside the competition.

Warranty restrictions for prizes: Subject to our own fault and in accordance with the liability provisions in these terms and conditions of participation, we are not liable for goods and services won that are not offered by us on the market. Otherwise, the warranty and guarantee terms of the respective providers of the goods and services apply, insofar as these do not restrict participants and can be transferred by us to participants.

Differences in prizes: The prizes shown in the description of the competition may differ from the goods or services handed over to the winners, provided they are equivalent to the described prizes from the perspective of an average participant. Accordingly, there may be differences in model, colour, location, etc.

Liability: Without prejudice to the other statutory requirements for claims, the following exclusions and limitations of liability apply to our liability for damages.

Where our liability is excluded or limited, this also applies to the personal liability of our staff, employees, team members, representatives and vicarious agents, as well as our sponsor(s). We are liable for slightly negligent breaches of material obligations whose breach jeopardises the achievement of the purpose of the contract, or for breaches of obligations whose fulfilment is essential to the proper conduct of the competition and on whose observance the contracting parties regularly rely (so-called cardinal obligations). In this case, however, we are only liable for the foreseeable damage typical of the respective legal relationship. We are not liable for slightly negligent breaches of obligations other than those mentioned in the preceding sentences. We are liable without limitation if the damage is caused by intent or gross negligence. In the case of grossly negligent breaches of duty by our vicarious agents, the above limitations for slightly negligent breaches of material obligations apply.

The above limitations of liability do not apply in the event of injury to life, body or health, in the event of a defect after a quality guarantee has been given for a product, or in the case of fraudulently concealed defects. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

Recourse to the courts: Recourse to the courts is excluded with regard to the drawing of winners and the assessment of the competition entries submitted.

14. Information on Data Protection

We process personal data (hereinafter also "data") of participants in prize draws, competitions, raffles, prize games or lotteries (hereinafter "competitions") only in compliance with the applicable data protection provisions and if the processing is necessary for the conduct and handling of the competition (Art. 6(1)(b) GDPR), the participants have consented to the processing (Art. 6(1)(a) GDPR), or the processing serves our legitimate interests in the security of the competition or in protecting our interests against misuse of the competition pursuant to Art. 6(1)(f) GDPR.

Participants' data will only be passed on to third parties if this is necessary for conducting the competitions (e.g. for the dispatch of prizes by the sponsor(s), or to technical service providers or agencies commissioned in connection with the competition) or if a participant has consented to the transfer.

As part of the competition, we inform participants which of their data is required for participation.

Participants' data will be deleted as soon as the competition has ended and the data is no longer required to notify the winners or to answer expected questions about the competition. As a rule, participants' data is deleted no later than 6 months after the end of the competition. Winners' data may be retained for longer, e.g. to answer questions about the prizes or to process the prizes; in this case, the retention period depends on the type of prize and is up to three years for goods or services, e.g. to be able to handle warranty claims. In addition, participants' data may be stored for longer, e.g. in the context of (data protection-compliant) reporting on the competition in online and offline media or when competition entries are published on social media.

Where data has been collected for other purposes as part of the competition, its processing and retention period are governed by the privacy notices for that use (e.g. when registering for a newsletter as part of a competition).

When 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 it.

As a data subject, you have various rights under the GDPR, arising in particular from Articles 15 to 21 GDPR and, where Swiss law applies, under the Swiss Federal Act on Data Protection (FADP):

  • Right to object: You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on those provisions. Where personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing; this also applies to profiling to the extent that it is related to such direct marketing. You also have the right, on grounds relating to your particular situation, to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR.
  • Right to withdraw consent: You have the right to withdraw consent at any time.
  • Right of access: You have the right to request confirmation as to whether the data in question is being processed and to be informed about this data, as well as to receive further information and a copy of the data in accordance with the statutory provisions.
  • Right to rectification: In accordance with the statutory provisions, you have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you.
  • Right to erasure and right to restriction of processing: In accordance with the statutory provisions, you have the right to request the immediate erasure of the data in question or, alternatively, to request the restriction of the processing of the data in accordance with the statutory provisions.
  • Right to data portability: You have the right to receive the data concerning you that you have provided to us in a structured, commonly used and machine-readable format in accordance with the statutory provisions, or to request its transmission to another controller.
  • Complaint to a supervisory authority: Under the conditions laid down by law, you also have the right 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 concerning you infringes the GDPR.