Contest Terms & Conditions FAQ

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  1. Witchway

    Witchway User

    Bigpoint GmbH (Bigpoint) runs prize games/contests on its website http://www.skyrama.com/ and http://www.facebook.com/skyrama. The games/contests and their participation therein are subject to the following Terms and Conditions of Participation. Modifications made to these terms and conditions can be found in the description for each contest.


    § 1 Prize games/contests

    (1) The prize games/contests are run in cooperation with different partners.

    (2) Participants take part in prize games/contests by properly registering within a timely manner and by following all prize game/contest rules. Specific rules for registration and the prize game/contest itself are described in the forum announcement for the respective prize game/contest.

    § 2 Participants

    (1) Participants must be over the age of 18. Persons below this lawful age must obtain the consent of their legal guardians/parents before being able to participate in the prize games/contests. Only legal representatives may accept and collect prizes on behalf of underage winners.

    (2) All personal information provided by participants must reflect the truth for participation to be valid.

    (3) Residents of Italy or Brazil or one of the following states in the United States of America cannot participate in games/tournaments with cash prizes: Arkansas, Arizona, Connecticut, Florida, Delaware, Indiana, Iowa, Illinois, Louisiana, Maryland, Montana, Nebraska, South Dakota, South Carolina, Tennessee or Vermont.



    § 3 Exclusion from prize games/contests

    (1) Employees of Bigpoint and any companies which are part of the Bigpoint Group as well as any concerned business partners and their relatives are not allowed to participate in the prize games.

    (2) Bigpoint reserves the right to retroactively exclude any and all persons who do not respect/infringe these Terms and Conditions of Participation. In this case, Bigpoint can also deny the payment of cash prizes or reclaim cash prizes after the fact.

    (3) Persons who avail themselves of any unauthorized help or who arrange to benefit from any kind of advantage through manipulation of the game/contest shall also be excluded. In this case, Bigpoint can also deny the payment of cash prizes or reclaim cash prizes after the fact.

    § 4 Implementation and execution

    (1) The implementation and execution of the game/contest and the choice of prizes is incumbent upon Bigpoint and/or the relevant partner, where applicable.

    (2) Terms prescribing the transfer of prizes are defined by Bigpoint and any interested partners. Should transfer or delivery of the agree-upon prize be impossible or unacceptably difficult, the prize winner shall receive an alternative prize of equal value.

    (3) Bigpoint will inform the winner(s) via e-mail or in-game message and also publish their names on the page named in the announcement. By participating, users declare themselves in agreement with this form of publication. It is within Bigpoint’s right to transfer information about the winners to any interested partners for the purpose of transferring or delivering prizes.
    In the case that Bigpoint only has the winner’s e-mail address, the winner will be notified by e-mail. If the winner doesn’t answer within a period of four weeks after the e-mail was officially sent out, the right to the prize will expire and a new prize will be determined by redrawing.
    The right to the prize will also expire if the prize cannot be transferred to the winner within six months after being informed the first time about the winnings due to reasons leading back to the winner themselves.

    (4) Only one prize may be won per participant per game/contest. If there is more than one participant with the same score/rank, the winner will be decided via drawing.

    (5) Cash payment of prizes is not possible. Prizes are non-transferable.

    (6) Complaints about a prize game/contest must be made to Bigpoint in writing within 14 days of the problem’s occurrence. Complaints made by telephone or those made after the 14-day deadline specified above will not be addressed.

    (7) The prize presented within the context of the prize game/contest may not necessarily be identical to the prize actually presented to the winner; differences in regards to model, color, etc. may occur. The prize sponsor can pick out a similar prize which is of average kind and quality to the original one presented.

    (8) If a minor wins, their legal representatives are the only persons who can accept the prize on behalf of the minor.


    § 5 Premature termination of the prize games/contests

    Bigpoint reserves the right to interrupt or prematurely terminate prize games/contests at any time and without warning. Bigpoint may avail itself of this right when a game/contest cannot run its full course due to technical reasons, such as if a virus in the computer system, if the game/contest is being manipulated, or if an error occurs in the hardware/software. It may also do so if the game/contest cannot be carried out due to legal reasons. If an interruption or termination occurs as a direct result of the actions of a participant, Bigpoint has the right to claim any damages resulting from these actions from their instigator.




    § 6 Data privacy

    (1) Players must be registered in order to participate in prize games/contests. The abilitiy to register is not guaranteed. Upon registration, the participant expressly allows Bigpoint to save necessary data for the duration of the prize game/contest. The participant has the right to withdraw this agreement, and thereby cancel their participation at any time.

    (2) Bigpoint is obliged to treat saved data in accordance with the regulations and guidelines defined by the data privacy and media law. All data will be treated with the utmost confidentiality. Collected data will be used for the purpose of market research, marketing and advertising by the Group itself and its external partners.


    § 7 Liability

    (1) Bigpoint’s liability ends with the delivery of the prize. Bigpoint is not liable for defects and/or deficiencies.

    (2) Any claims relating to a received prize are to be made directly to the partner that awarded it.

    (3) The announcement of the winners is not definitive.

    (4) Bigpoint cannot be held responsible for damages which occur as a result of errors, delays or interruptions in the transmission, technical problems, inaccurate content, loss or deletion of data, viruses and all other potential causes unless these damages occur as a result of gross negligence or deliberate action on behalf of Bigpoint (in all its aspects, including employees and related persons).

    (5) There is no liability for those persons excluded by § 3.


    § 8 Miscellaneous

    (1) No legal recourse is allowed.

    (2) These Terms and Conditions of Participation, as well as the entire legal relationship between participants and Bigpoint, are subject to German Law.

    (3) In the event one or more stipulations of these Terms and Conditions of Participation should be judged non-binding or become invalid, the other stipulations shall remain valid and binding.

    (4) Bigpoint can modify these Terms and Conditions of Participation at any time and without notice.
     
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