Terms and conditions for gamescom’s Astragon giveaway on Twitter and Instagram

This giveaway is administered by Freaks 4U Gaming GmbH, An der Spreeschanze 10, 13599 Berlin, Germany, (hereinafter “Freaks 4U”).and Koelnmesse GmbH, Messeplatz 1, 50679 Cologne, Germany, hereinafter “Partner”.

Freaks 4U and Koelnmesse are responsible for the giveaway.

The giveaway takes place in the Federal Republic of Germany. Therefore, the laws of the Federal Republic of Germany exclusively apply to this giveaway regardless of the location from which the participant takes part in this giveaway.

Participation in the Giveaway shall be subject to the terms and conditions hereof. By participating in the giveaway, the participant accepts these terms and conditions.

1. Eligibility of participants

• The giveaway is open to residents of European countries (excluding UK, Ukraine & Russia) and Participants must be at least 18 years old.
• Employees of Freaks 4U and their relatives are excluded from participation in the giveaway.
• Freaks 4U reserves the right, upon its sole discretion, to exclude participants on valid grounds, such as but not limited to
  • Violation of the rules of this Giveaway;
  • Manipulation of the technical process or administration of this Giveaway;
  • Undue conduct; or
  • False or misleading statements regarding participation in this Giveaway.

2. Purchase requirements

There is no requirement for the purchase of any good or service offered by Freaks 4U or any third company affiliated with either of the aforementioned, and/or any of their business partners. Purchase of any such good or service does not increase the participant’s chances in this giveaway.

3. Procedure of the giveaway

To participate, the participants need to complete the following tasks as stated below, based on the platform they’re participating:

• Instagram
  • Like the original post.
  • Comment under the original post which pack you’d like to get.

• Twitter
  • Like the original post.
  • Retweet the original post.
  • Comment under the original post which pack you’d like to get.

4. Giveaway period

The Giveaway starts on 12/06/2022, 13:00 German Time, and ends on 12/11/2022, 23:59 German Time. Any attempts to enter the giveaway outside of the giveaway period are invalid.

Incomplete, illegible, incorrectly addressed, or late entries will not be accepted. Freaks 4U is not responsible for entries that are lost, late, incomplete, never arrived, or could never be entered for technical or any other reason.

5. Prizes

Each winner selected across platforms (Twitter, Instagram) will receive one prize pack from the following:

• 1x Horse Tales Pack (value of 169.99€) containing:
  • Horse Tales, Switch edition.
  • Water bottle
  • Notebook
  • Handy PopSocket
  • Horseshoe Keychain
  • Bandana
  • Raspberry Candy Jar
  • Wooden box with hay and prize ribbon

• 1x Police Simulator Pack (value of 189.99€) containing:
  • Officer Kit Cardboard Box
  • Pom-pom Cap
  • Handmade Donut figurine
  • Police Simulator Info book
  • Anti-Stress Mini Police Car
  • Detective Notepad & Pen
  • Steelbook

The prize must be accepted as awarded and may not be transferred, substituted, or redeemed for cash or otherwise. If a prize, or any portion thereof, cannot be awarded for any reason, Freaks 4U reserves the right to substitute the prize with another prize of equal or greater value.

6. Announcement of the winners

• Winners will be contacted on 12/12/2022 and announced via DM.
• Winners will be selected and contacted by gamescom’s social media.
• the prize(s) will be sent to the respective winners free of charge within the second half of January. The winner(s) will be informed by Freaks4U about the transfer of the prize(s).

7. Obligations of the winners

Winners must contact Freaks 4U no later than 72 hours after their announcement and:

• confirm his/her prize in accordance with the instructions contained in the prize notification.
• confirm that he/she accepts the prize
• provide Freaks 4U with the requested information

If the contacted winner does not respond within 72 hours from the time of the announcement or is otherwise disqualified, his/her claim to the prize will be forfeited.

8. Privacy

• Freaks 4U limits the collection and use of the data of participants (such as full name, address, age, e-mail, and country) to the extent legally permitted and consented to by participants. Participants upon participation in this Giveaway agree to Freaks 4U's use of the data delivered by participants for this Giveaway. After the Giveaway is finished, Freaks 4U will delete each participant’s data.
• More information on how Freaks 4U handles your data, your rights, and where you can complain can be found below.

9. Liability

To the extent permitted by law Freaks 4U is not responsible for

• any incorrect or inaccurate information, whether caused by the participant, printing errors or omission or by any of the equipment of programming associated with or utilized in the Giveaway;
• technical failures of any kind including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network, hardware, or software;
• unauthorized human intervention in any part of the uploading process;
• technical or human error that may occur in the administration of the Giveaway or the processing of videos, or
• any injury or damage to persons or property which may be caused directly or indirectly, in whole or in part from participants’ participation in the Giveaway.

Freaks 4U is responsible for prize availability, but not for prize utility or quality or otherwise. The reporting and payment of any taxes on prizes, if necessary, are the sole responsibility of the winner. As far as permissible by law Freaks 4U’s liability for damages is limited to gross negligence and intent.

Notwithstanding the foregoing, Freaks 4U shall be liable for any negligent breach of essential obligations, the violation of which endangers the attainment of the contractual purpose, or for the violation of obligations, the fulfillment of which is crucial for the proper execution of the Giveaway or upon the compliance with which the contractual partners regularly trust. In this case, Freaks 4U shall only be liable for the foreseeable damage typical for the contract.

The beforementioned limitations of liability shall not apply in the event of injury to life, body, and health. Insofar as the liability of Freaks 4U is excluded or limited, this shall also apply to the personal liability of employees, representatives, and vicarious agents as far as permissible by law.

10. Indemnification

Participants agree to release and hold harmless Freaks 4U from any third-party claim arising from any violation of the guidelines by the participant.

11. Revocation, termination, and withdrawal

• Participants at any time during the Giveaway may withdraw from the Giveaway. Within a reasonable time upon notification, Freaks 4U then will delete all data collected from the participant. Participants may declare their withdrawal at any time to:
  • Freaks 4U Gaming GmbH, An der Spreeschanze 10, 13599 Berlin, Germany
  • Phone +49 30 / 330 96 66 – 0, Fax +49 30 / 330 96 66 – 99; info@freaks4u.de
• Revocation of the right to use participants’ personal data is possible at any time. However, such revocation will necessarily be followed by the exclusion of the participant from the Giveaway.
• Freaks 4U reserves the right to cancel or end the Giveaway at any time, without notice or reason. Freaks 4U reserves the right to change the terms and conditions at any time in any way appropriate. If the giveaway cannot be executed as planned, Freaks 4U reserves the right to cancel the prize at any time without notice, reason, or explanation.

12. Applicable law and jurisdiction

• These general rules of participation are subject to and governed by German law, under the exclusion of the UN Convention on the International Sale of Goods.
• The courts of Berlin shall have exclusive jurisdiction for any claim arising out of this giveaway.

13. Severability, Miscellaneous

• If any term, provision, covenant, or condition of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. The invalid, void, or unenforceable provision, covenant or condition shall be replaced by such term, provision, covenant, or condition as to be found valid, or enforceable, thereby coming as close as possible to the regulation being replaced by it.
• The same shall occur, if any term, provision, covenant, or condition shall be found missing in this agreement to constitute a gap in the regulations.
• This Giveaway is in no way sponsored, supported, or organized by Facebook, Instagram, or Twitter nor is it connected to Facebook, Instagram, or Twitter. Participants accept that they hold no legal right against Facebook, Instagram, or Twitter and release Facebook, Instagram, or Twitter from any liability connected to the Giveaway.

Privacy Info & User rights:

Responsible for data processing

Freaks 4U Gaming GmbH
An der Spreeschanze 10
13599 Berlin
Germany

Phone: +49 30 / 330 96 66 – 0
E-Mail: info@freaks4u.de

Represented by Michael Haenisch

Contact details of the data protection officer

Freaks 4U Gaming GmbH
An der Spreeschanze 10
13599 Berlin
E-Mail: datenschutz@freaks4u.de

You can find Freaks 4U's privacy policy by following this link: https://www.freaks4u.de/data-privacy/