1. General, Promotion Period
1.1. These participation terms and privacy notices shall uniformly govern the conditions of participation in the sweepstake run by VARTA Microbattery GmbH, VARTA-Platz 1, 73479 Ellwangen, Germany (hereinafter “VARTA Microbattery”) at the Compamed trade fair from 15/11/2021 to 18/11/2021 and exclusively via the https://www.varta-ag.com/compamed landing page (hereinafter “Promotion Period”).
1.2. Participation in the sweepstake shall be subject to these participation terms and privacy notices being taking into account and accepted. Participants shall be deemed to accept these participation terms and privacy notices by participating in this sweepstake, for example by accepting the prize offered.
1.3. Any recourse to courts of law shall be excluded.
2. Conditions for Participation
2.1. Anyone opening the QR code at the VARTA Microbattery GmbH booth at the “Compamed” trade fair in Düsseldorf and filling in the contact form shall automatically be entitled to participate in the sweepstake. Actual participation shall commence by sending the participation form.
3.1. The prizes shall be drawn at random if the answers are correct and the winners will then be notified. Multiple participations shall not be possible.
4. Sweepstake Performance
4.1. VARTA Microbattery reserves the right to discontinue or end the sweepstake at any time without prior notice for material reasons.
4.2. VARTA Microbattery reserves the right to exclude from the sweepstake any participant who violates the participation terms.
4.3. Prizes may be withdrawn and reclaimed from any participant excluded from the sweepstake in arrears as well.
5.1. VARTA Microbattery's liability for claims for damages, irrespective of their legal basis, shall be limited in accordance with this clause 5. These restrictions shall apply only to the performance of the sweepstake and the raffled prizes. Contractual and statutory claims regarding the products supplied by VARTA Microbattery shall remain unaffected.
5.2. VARTA Microbattery shall be liable, irrespective of the legal grounds, only if the damage has been caused by 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 Microbattery.
5.3. If VARTA Microbattery is liable for any breach of an essential contractual obligation without gross negligence or intent, its liability shall be limited to the extent of the damage that VARTA Microbattery typically had to expect at the time the contract was concluded due to the circumstances known to it at that time.
5.4. Claims for damages under the Product Liability Act and for injury to life, limb or health shall remain unaffected by the limitations of liability in the paragraphs above.
5.5. The above exclusions and limitations of liability shall apply in the same way to the liability of the bodies, legal representatives, employees or other vicarious agents of VARTA Microbattery.
5.6. Every winner shall be responsible for any taxes payable in connection with this sweepstake due to local regulations and shall fully indemnify VARTA Microbattery from all claims of third parties.
6. Privacy Notices
6.1. VARTA Microbattery shall be the controller for processing in connection with the sweepstake and shall warrant compliance with the relevant statutory provisions on data protection.
6.2. VARTA Microbattery shall use already known contact and contract data of the participants to handle the sweepstake. The legal basis for this shall be VARTA's interest in increasing product sales during the Promotion Period, which shall not be excluded by any overriding interests of the participants (point (f) of Art. 6(1), (4) DSGVO). Participant data retained only to handle the sweepstake shall be erased within 3 months after the prizes have been awarded, unless legal retention periods require any longer retention or this is necessary to secure and enforce, or defend against, legal claims.
6.3. VARTA Microbattery may use other third parties to the extent necessary to transfer the prizes. VARTA Microbattery may transfer participant data to third parties in this context. Other third parties shall not use participant data for other purposes.
6.4. Every participant shall have the legal right to claim free information about the personal data retained by us about the participant as well as rectification, restriction or erasure of such personal data. To exercise your aforementioned rights, please contact us at any time:
VARTA Microbattery GmbH
Tel.: +49 7961 921 0
7. Final Provisions
7.1. In the event of disputes, German law shall apply exclusively.
7.2. If individual provisions of these participation terms are or become invalid in whole or in part, or if any loophole becomes apparent, this shall not affect the effectiveness of the remainder of the participation terms. VARTA Microbattery and the participants undertake to negotiate in this case on a provision coming as close as possible to the economic purpose of the ineffective regulation. If no agreement is reached with regard to a new regulation, these participation terms are to be interpreted without the lacking or ineffective regulation.