Terms and conditions of participation and privacy notice
VARTA “Win” promotion autumn winter 2022

Liability

1. General information, period of participation
   1. These terms and conditions of participation and privacy notice regulate the terms and conditions of participation in the promotion of VARTA Consumer Batteries GmbH & Co. KGaA, Alfred-Krupp-Str. 9, 73479 Ellwangen, Germany (in the following "VARTA Consumer") on the webpage https://www.varta-ag.com/promotion ("Promotion Website") in the period between 0:00 CET on September 1st, 2022 and 23:59 (11:59 p.m. CET) on February 28th, 2023 (“Promotion Period”).
   2. Entrants may only participate in this promotion upon reading and agreeing to the following terms and conditions. In taking part in this promotion, the entrants accept these terms and conditions of participation. In order to qualify, entrants must purchase one of the following promotional VARTA models from store: Longlife Power 8+4 AA (4906 121 472), Longlife Power 8+4 AAA (4903 121 472) with “win symbol”. Internet access is required.
   3. In case of a dispute, VARTA Consumers’ decision shall be final.
2. Requirements for participation 
   1. Eligible for participation – acting in their own name – are all natural persons aged 18 years and above who are legal residents in Germany. These conditions only apply for entrants in Germany.
   2. Minors, employees of VARTA AG and its associated companies and their relatives are excluded from participation. Participation in the promotion by competition clubs or agencies is not allowed.
   3. In order to participate, entrants must purchase a promotional pack with “win symbol” of VARTA batteries in the promotion period. Participants visit the Promotion Website www.varta-ag.com/promotion until 28.02.2023 and answer the competition question, enter the EAN code of the promotional pack and upload the proof of purchase of the product.
   4. Entrants can win 1 x pair of Apple AirPods Pro. To win a 1 x pair of AirPods Pro, entrants must register on the Promotion Website providing their surname, forename, country of residence, age/date of birth and a valid email address.
   5. Only one entry per purchase is allowed.
   6. Participation is only possible within the period specified in clause 1.
   7. Purchase is required for participation.
   8. A maximum of 1 x pair of Apple AirPods Pro can be won per household.
3. Prize 
   1. Winning 1 x pair of Apple AirPods Pro (out of X Apple AirPods). Prize will be determined by random drawing when answering correctly the competition question, entering the valid promotional EAN code, upload the proof of purchase and final registration. The prize will be drawn in Germany. There will be drawn 1 x  pair of Apple AirPods per household within one week after the end of the Promotion Period (March 2023).
   2. The prize details for Apple AirPods Pro are:
      1. Winners of the 1 x pair of Apple AirPods Pro will be notified by email after the promotion draw. The winners will be asked to submit the following additional data within ten days: postal address, phone and or mobile phone number.
      2. The prize will be send out by Liha-Werbung Max Liebhaber GmbH & CoKG (“LIHA”). VARTA Consumer will pass on the entered winner data to LIHA. LIHA assures that the data will only be used for prize shipment and especially that it will not be passed on to third parties for advertising purposes. LIHA will sent out the prize within two weeks after receiving the winner’s data from VARTA Consumer. LIHA assures that all data will be deleted after the successful shipment of prizes.
      3. LIHA will pass on the winner’s data to the parcel service provider for purpose of prize shipment. As soon as the prize is sent out, the winner will receive an email notification that the prize has been send out including a tracking number.
      4. If a winner cannot be contacted, or fails to respond by the above mentioned deadline, or a prize is returned as undeliverable in case of a false address or any other reason, the winner forfeits the prize, the prize will remain un-awarded. Each participant is responsible for the correct input of his data. VARTA Consumer and LIHA shall not be liable in the case of wrong delivery due to incorrect data entry by the participant.
      5. In case of questions regarding the prize delivery, the winner can contact: promotion@varta-household.com
      6. Alternative cash payment, exchange or transfer of the prizes to third parties is not possible.
4. Execution of the promotion 
   1. VARTA Consumer is not liable for damages arising from lack of availability of the Promotion Website due to technical faults and instances of force majeure beyond its control, or due to attacks from third parties on the Promotion Website. VARTA Consumer will make every effort to ensure the availability and reliability of the Promotion website. VARTA Consumer also does not make any guarantee that the Promotion Website will function properly on any individual participant's computer.
      VARTA Consumer reserves the right to cancel or end the promotion at any time without prior notice and without giving reasons. VARTA Consumer may make use of this option if the promotion cannot be implemented properly due to technical reasons (e.g. computer system viruses, manipulation or errors in hardware and/or software) or legal reasons. If the promotion has to be ended because of the actions of a participant, VARTA Consumer is entitled to request compensation from this person for any damages incurred.
   2. VARTA Consumer reserves the right to exclude from the promotion entrants who violate these terms and conditions of participation, state untrue personal data or try to manipulate the promotion through technical means. Please note that VARTA Consumer reserves the right to request proof of identity and/or proof of purchase in individual cases. If those proofs cannot be provided or do not match the entered winner data, this can lead to exclusion of the promotion.
   3. In the event of exclusion from the promotion, prizes may be retroactively revoked and reclaimed.
   4. VARTA Consumer’ liability for damage claims arising on any legal grounds shall be limited in line with the provisions of this clause.
   5. VARTA Consumer shall only be liable for loss or damage, regardless of the legal basis, in the event that the loss or damage has been caused as a result of the culpable breach of a material contractual obligation in a manner that jeopardises the achievement of the purpose of the contract or is attributable to gross negligence or intent on the part of VARTA Consumer.
   6. If VARTA Consumer is liable for the breach of a material contractual obligation and the breach is not attributable to gross negligence or intent, its liability shall be limited to the level of typically foreseeable damage, the occurrence of which VARTA Consumer should have anticipated in accordance with the circumstances known to it at the time of conclusion of contract.
   7. Damages claims under the German Product Liability Act (Produkthaftungsgesetz) and due to death, personal injury or damage to health shall be unaffected by the limitation on liability contained in the preceding paragraphs.
   8. The exclusions and limitations of liability provided for in the aforementioned clauses shall also apply to the same extent in favour of VARTA Consumer’ executive bodies, legal representatives, employees or other vicarious agents.
   9. Each winner is responsible for any taxes payable due to the promotion as required by local law and indemnifies VARTA Consumer in full against any third party claims.
5. Privacy notice 
   1. VARTA Consumer Batteries GmbH & Co. KGaA, Alfred-Krupp-Str. 9, 73479 Ellwangen, Germany, “VARTA Consumer”, is controller for the processing in connection with the Promotion and ensures compliance with the relevant legal provisions for data protection.
   2. VARTA Consumer will collect, process and use the personal data of participants as mentioned above, including surname, forename, country of residence, age/date of birth, email address, and in case of winning the home address and phone number, (hereinafter “Personal Data”) exclusively for the purpose and duration of the promotion. The Personal Data will be used to carry out the promotion and monitor the compliance with the promotion terms set out above (surname, forename, country of residence, age/date of birth, email address), and in case of winning to send out the prize (surname, forename, home address, and for contacting the participant phone number and/or email address) (Art. 6 (1) lit. b) GDPR). Failure to provide all the information by the participant will result in the participant’s exclusion from the promotion.
   3. VARTA Consumer uses the following service providers in connection with the Promotion:
      
      Website:
      Hald Software & Websolutions GmbH & Co. KG
      Ulmer Str. 130
      73431 Aalen
      Germany
      
      Prize dispatch:
      Liha-Werbung
      Max Liebhaber GmbH & Co. KG
      Hermann-Weissbrod-Straße 5
      89555 Steinheim
      
      VARTA Consumer may pass Personal Data to the aforementioned parties. The service providers will not process Personal Data for purposes other than carrying out this promotion, in particular not for advertising, and only process Personal Data on VARTA Consumer’s behalf and instruction.
   4. Participant has the legal right to receive information on their personal data stored by us free of charge (access right) and can request rectification, correction, restriction or erasure of this personal data. To assert your rights, please contact us at any time via:
      
      VARTA AG
      Philipp Herold
      +49 451 160852 -21
      VARTA-Platz 1, 73479 Ellwangen
      E-Mail: Datenschutz@varta-ag.com
       
   5. All participants’ and winners’ data will be stored for the duration of this promotion. They will be deleted after all winner’s have received their prices and thus the end of this promotion, unless and insofar as longer retention periods are required by law.
   6. Further details regarding data protection at VARTA Consumer, e.g. contact details of the data protection officer, where to lodge a complaint are stated in the VARTA AG General Data Protection Declaration available at: https://www.varta-ag.com/en/privacy-policy
6. Miscellaneous
   1. These terms and conditions are governed by the law of the Federal Republic of Germany.
   2. If a provision of these terms of participation should be or become ineffective in whole or in part, or if it should transpire that there is a gap, the remainder of these terms of participation shall be unaffected thereby. In such a case VARTA Consumer and participant undertake to agree a provision which comes as close as possible to the commercial intent of ineffective provision. In case an agreement on a respective provision cannot be reached, the terms of participation shall be interpreted without the void or unenforceable provision.
      
      Last updated: March 2022