Stocard Lottery Terms and Conditions of Participation
To the fullest extent permitted by law, the controlling language for these Terms and Conditions of Participation is German. Any translation has been provided for your convenience. You can view the original German document at https://stocardapp.com/de/lottery-terms/d89da46c-61bb-442b-b018-c6196a62822b.
The following terms and conditions regulate the participation in the lottery of Stocard GmbH as well as the collection and processing of personal data in the context of the implementation and execution of the lottery. Participation in the competition is only possible under the conditions of participation listed for this purpose in their currently valid version. By participating in the competition and the prize draws, participants accept these terms of participation.
- (1) The lottery is organized by Stocard GmbH (hereinafter referred to as Stocard), Glücksteinallee 25 Quartier Hoch 4, 68163 Mannheim, Germany (email: firstname.lastname@example.org, phone: +49 0621 37909013).
- (2) The competition and prize draws will take place exclusively in the Stocard App, which can be downloaded free of charge from the App Store and Google Play and installed on mobile devices.
- (3) All questions, comments or complaints regarding the lottery and the raffles are to be directed to Stocard as the organizer of this lottery. Email: email@example.com
- (4) Apple is neither a participant nor a sponsor of the lottery.
- (1) "Participants" of the lottery are those users of the Stocard App who meet the requirements of these Terms and Conditions and participate in the lottery.
- (2) Eligible participants are natural persons who are resident in a country in which Stocard is officially available and who have reached the age of 16.
- (3) Employees of Stocard as well as their relatives within the meaning of § 15 AO ("Abgabenordnung" of German law), life partners, cooperation partners, as well as affiliated and commissioned companies that are or were involved in the creation or processing of this competition are excluded from participation.
- (4) In the event of a breach of these conditions of participation, Stocard reserves the right to exclude participants from individual prize draws or the entire prize draw.
- (1) The use of the Stocard App is free of charge.
- (2) Participation in the lottery and the individual raffles is free of charge. The lottery and the individual raffles do not fall under the concept of gambling.
- (3) The competition consists of individual draws. The respective raffles shall be conducted independently of each other.
- (4) Participation in the individual prize draws of the prize draw shall be effected by redeeming tickets in accordance with Item 7 of these Terms and Conditions of Participation.
- (1) The prize draw shall take place in the period from 16.01.2022 10:00.00 a.m. to 16.07.2022 09:59.59 a.m German time (GMT +1) (hereinafter "prize draw period").
- (2) Stocard reserves the right to extend the competition without giving reasons.
- (3) During the lottery Period, drawings shall be held at the intervals specified in Section 6 of these Terms and Conditions of Participation.
- (4) The date and time of the entry in the database shall apply.
- (1) Tickets are issued exclusively by Stocard. The tickets entitle the holder to participate in the raffles. Each ticket has the same chance of winning. The tickets can be traced exclusively by Stocard.
- (2) The tickets can be viewed by the participants in the Stocard App under the heading "Settings" (hereinafter "lottery Overview"). The tickets can be collected by the participants and redeemed in the raffles.
- (3) Unless participants are registered with the Stocard App, tickets can be generated but not redeemed. Stocard reserves the right to offer users the redemption of tickets even without registration.
- (4) Participants receive 1 ticket each for registering in the Stocard App and depositing the first customer card. If participants have already performed the aforementioned actions before the start of the competition, they will also receive 1 ticket each once.
- (5) Participants can generate additional tickets by sharing the Stocard App with other people and inviting them to use the Stocard App free of charge as well. To do this, participants can click the "share" button in the lottery overview and select their contacts and the medium they want to use for notification (e.g. WhatsApp, email, etc.). These people will receive a message with a personalized link of the participant. This link leads the invitee to a web page. Provided the invitee selects "download" there, he or she will be redirected directly to the App Store or Google Play Store and can download and install the Stocard App. Each of the following actions can generate additional tickets for the individual raffles:
- a) If recruited participants follow the personalized link, download and install the Stocard App and register in the Stocard App, recruited participants will receive 5 tickets once.
- b) If recruited participants follow the personalized link, download and install the Stocard App and deposit their first customer card in the Stocard App, recruited participants will receive a further 5 tickets once.
- (6) Stocard reserves the right to create further opportunities to generate tickets or to suspend existing opportunities without giving reasons. Users will be informed of this in the Stocard App.
- (7) The generated tickets will be displayed to participants in the Stocard App (lottery overview) for the duration of the entire lottery and will remain valid unless they are redeemed in a lottery.
- (8) If participants uninstall and reinstall the Stocard App during a raffle without deleting their registered Stocard account, the tickets will remain in their registered Stocard account.
- (1) The details of the prizes in the individual prize draws will be displayed in the Stocard App in accordance with section 8 of these Terms and Conditions of Participation no later than the start of the respective prize draw.
- (2) The remaining term of the respective raffle is displayed in the raffle overview.
- (3) Only those who are registered as users of the Stocard App can participate in the prize draw. A person is registered as a user of the Stocard App if he or she has entered an e-mail address in his or her Stocard App account using a selected login method (Apple, Email, Google, Facebook).
- (4) The individual raffles take place according to the following general conditions:
- (a) The duration of each individual raffle is 3 months. The raffles begin on the 16th day of each calendar month at 10:00 a.m. (GMT+1).
- (b) The prize of each raffle will be announced at the latest at the beginning of the respective raffle in accordance with section 8 of the Terms and Conditions of Participation.
- (c) Tickets for the raffle can be redeemed until 09:59.59 a.m. (GMT+1) of the 16th day of the respective month.
- (d) The date and time of the entry in the database is valid.
- (1) Participants take part in a raffle by redeeming at least one ticket.
- (2) The total number of redeemed tickets is displayed in the Stocard App (lottery overview).
- (3) Participants can redeem all collected tickets per raffle.
- (4) The redeemed tickets will only be taken into account in the respective prize draw.
- (5) Once the tickets have been redeemed, they are used up and can no longer be redeemed in further raffles.
- (6) Participants may delete their registered Stocard account at any time. This also ends the participation in an ongoing raffle and the raffle. The tickets collected up to this point lose their validity. Tickets already redeemed up to this point will no longer be entered into the prize draw.
- (1) Details of the possible prizes in the respective raffle will be announced in the Stocard App.
- (2) The type and number of prizes may differ in the individual raffles.
- (3) Stocard reserves the right to replace a prize with an equivalent prize of equal value or another prize negotiated with the winner if the prize offered is out of stock or otherwise unavailable.
- (4) Stocard is in no way connected with the prizes to be drawn in this competition.
- (5) Only the winner contacted by Stocard, who has duly confirmed the prize, may claim the prize. The participants have no claim to the receipt of the prize.
- (6) The winners have no right to change or supplement the respective prize. Subsequent costs triggered by the respective prize shall be borne by the winners themselves.
- (7) Payment of the prize in cash, exchange or its transfer to other persons is not possible.
- (8) The winners of the prizes offered will be drawn at random from among all the tickets redeemed by the participants after the conclusion of the respective raffle.
- (9) In the event of a case under Section 9 (1) p. 5, (2) p. 3 or (3) of these Terms and Conditions of Participation, the prize will be drawn again. The procedure shall be repeated until acceptance of the prize has been duly confirmed in accordance with Clause 9 (1) of these Terms and Conditions of Participation.
9. Notification of winnings
- (1) The drawn winners will be contacted by the email address stored during registration in the Stocard App and asked to confirm acceptance of the prize. Likewise, the winners will be informed of the further necessary steps in this email. If there is no working email address of the winner on file, Stocard may try to notify the winner via other channels (e.g. message in the Stocard App, message via social media channels, etc.), but is not obliged to do so. Winners must contact Stocard within 10 days of being notified by email and confirm acceptance of the prize by email. Furthermore, they must provide Stocard with their full first and last name and postal address. If a participant does not confirm acceptance of the prize within the aforementioned period and/or does not provide Stocard with the necessary contact details within the 10-day period, the procedure set out in section 8 (9) of these terms and conditions of participation will be followed.
- (2) The prizes will be sent to the address provided by the winners. Delivery will only be made to addresses within countries where Stocard is officially available. If delivery to the address provided is not possible or if the contact details provided are incorrect (e.g. incorrect name details, invalid e-mail addresses or incorrect postal addresses), the winner will no longer be entitled to the prize. In this case, the prize will be dealt with in accordance with section 8 (9) of the conditions of participation. Stocard is not obliged to check the accuracy of the contact details. With regard to data protection, reference is made to section 13 of these Terms and Conditions of Participation.
- (3) The winners may waive their right to the prize. In this case, the prize will be handled as described in section 8 (9) of these conditions of participation.
- (1) Stocard reserves the right to cancel or terminate the competition at any time without prior notice and without giving reasons. Participants will be notified of premature termination in the Stocard App.
- (2) Stocard reserves the right to prematurely cancel, suspend or modify the lottery as well as individual lottery for good cause. Cancellation for good cause shall be deemed to have occurred in particular if unforeseen circumstances beyond the control of Stocard occur which make the original implementation more difficult or unreasonable for Stocard. This includes in particular, but is not limited to, the unauthorized intervention of third parties, technical problems with hardware or software outside the control of Stocard, as well as violations of rights directly related to the implementation of the contest or the raffles, in particular manipulative intervention in the course of the contest and/or the raffles, as a result of which the proper implementation of the contest or the raffles can no longer be guaranteed. In this case, the prize draw will no longer take place. If such a termination is caused by the conduct of a participant, Stocard may demand compensation from this participant for the damage incurred.
11 Warranty and liability
- (1) Stocard shall only be liable for damages incurred by the winner due to material defects and/or defects of title in the event of malice, intent or gross negligence. Otherwise, liability for defects of quality and/or title shall be excluded. The provisions of the Product Liability Act shall remain unaffected.
- (2) Stocard accepts no liability for the availability and function of the competition or for lost opportunities to participate due to technical reasons (e.g. connection problems, manipulation, etc.).
- (3) Participants' claims for damages are excluded. Excluded from this are claims for damages by participants arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Stocard, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
- (4) In the event of a breach of material contractual obligations, Stocard shall only be liable for the foreseeable damage typical of the contract if such damage was caused by simple negligence, unless the damage claims of the participant are based on injury to life, body or health.
- (5) The restrictions of paragraphs 3 and 4 shall also apply in favor of Stocard's legal representatives and vicarious agents if claims are asserted directly against them.
12. Reservation of right to make changes
- (1) Stocard reserves the right to unilaterally amend these Terms and Conditions of Participation at any time.
- (2) If a change after the conclusion of the contract affects essential provisions of these Terms and Conditions of Participation, the participants will be notified of this (e.g. by email or in the Stocard App). Such changes are only permissible if they are reasonable, taking into account the interests of the participants. Unless the participants object to the amended conditions of participation within the period specified therein and continue to participate in the lottery and raffles, they shall be bound by the amended conditions of participation.
- (3) If changes to these Terms and Conditions of Participation are necessary due to technical or legal conditions, the changed terms and conditions shall take effect immediately, i.e. without informing the participants in advance.
- (4) Participants have the option of viewing the currently valid version of these Conditions of Participation in the Stocard App.
13. Data protection
- (1) Stocard shall process only collected personal data (Art. 6 para. 1 p. 1 lit. b. DSGVO) of winners for the implementation and processing of the lottery and the raffles as well as the dispatch of the prizes. Any further disclosure of this personal data to third parties shall only take place to the extent that this is necessary for the implementation of the lottery and the individual raffles or the transmission of prizes.
- (2) Collected personal data of winners will be deleted six months after the end of the entire lottery, unless there is effective consent for further processing and/or Stocard has legitimate interest in further storage (e.g. to answer queries about the prizes or to fulfill the prize obligations).
- (3) Upon written request or request communicated in text form, the winners may at any time request from Stocard information about which personal data is stored at Stocard, may request its correction or deletion, or may assert their right to restriction of processing or transferability of the data. Furthermore, winners may revoke their data use consents at any time, without the revocation affecting the lawfulness of the processing carried out up to that point. There is the possibility of contacting a supervisory authority with a complaint.
- (6) Our data protection officer can be reached at: Stocard GmbH, Data Protection Officer, Glücksteinallee 25, Quartier Hoch 4, 68163 Mannheim, email firstname.lastname@example.org.
- (1) Legal recourse is excluded with regard to the drawing of the winners.
- (2) The law of the Federal Republic of Germany shall apply exclusively, unless more extensive consumer protection provisions in other legal systems are relevant, so that these apply.
- (3) Should individual conditions of participation be or become invalid, this shall not affect the validity of the remaining conditions of participation.
- (4) Insofar as applicable, the General Terms and Conditions of Stocard GmbH, which are available in the Stocard App and at https://stocardapp.com, shall also apply.
The Stocard team wishes you good luck!