Conditions of Participation and Privacy Policy for the Cardmarket Grading Birthday Giveaway of Sammelkartenmarkt GmbH & Co. KG

§ 1 Subject matter

(1) These terms and conditions of participation and data protection information govern the participation in the raffle of Sammelkartenmarkt GmbH & Co. KG, Nordkapstr. 4, 10439 Berlin (hereinafter referred to as the "organizer") by the participants as well as the collection and use of the data collected from or communicated by the participants.

(2) By participating in the raffle participants accept these conditions of participation.

§ 2 Conditions of participation

(1) The participation period begins on November 16, 2023, at 12:00 noon CET and ends on November 20, 2023, at 12:00 noon CET.

(2) All persons with a valid Cardmarket account are eligible to participate. Such an account can be opened free of charge at www.cardmarket.com. Excluded are employees of the organizer as well as employees of cooperation partners who are or were involved in the creation or execution of the raffle.

(3) Every eligible person who comments on or replies to the social media posts for the raffle (on Facebook, Instagram, and/or Twitter/X) during the participation period is automatically entered into the raffle.

(4) A prior separate registration or application to participate in the raffle is not required.

§ 3 Processing, payment, notification, publication of winner data

(1) For each game (Magic: The Gathering, Yu-Gi-Oh!, Pokémon, Dragon Ball Super, One Piece, Flesh and Blood, Digimon, Locana, and Battle Spirits Saga) one winner shall be determined by a randomized drawing among all eligible comments and replies across the raffle posts on the three social media channels (Facebook, Instagram, and Twitter/X). Each winner receives the card specified in the corresponding posts. In the event the same person is drawn as the winner for more than one game, another winner shall be drawn, repeated as necessary.

(3) The organizer may publicly contact, and thereby identify, winners via a comment or reply on the social media channels to facilitate delivery of the prize. Once contacted, winners have 24 hours to respond, otherwise another winner shall be drawn. Prizes shall be sent within 21 days after the raffle's closing date.

(2) Payment of the prize in cash, in kind, its exchange or transfer to other persons is not possible.

§ 4 Exclusion from the raffle

The organizer may exclude certain participants who violate these conditions of participation or who attempt to influence the raffle or the draw with the help of technical manipulation without giving reasons. In such a case, prizes may also be subsequently withdrawn and reclaimed.

§ 5 Exclusion of warranty

The organizer points out that the availability and function of the raffle cannot be guaranteed. The raffle may be terminated or removed due to external circumstances and constraints, without this giving rise to any claims by participants against the organizer. The organizer reserves the right to change the conditions of participation at any time.

§ 6 Liability

(1) The following exclusions and limitations of liability shall apply to the liability of the organizer for damages, irrespective of any other legal obligations regarding claims.

(2) The organizer shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

(3) Furthermore, the organizer shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations the fulfillment of which is essential to the proper implementation of the raffle and on the compliance with which the contractual partners regularly rely. In this case, however, the organizer shall only be liable for the foreseeable damage typical for the contract. The organizer shall not be liable for the slightly negligent breach of obligations other than those specified previously.

(4) The above limitations of liability shall not apply in the event of injury to life, limb, or health, for a defect following the assumption of guarantees regarding the quality of a product, and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

(5) Insofar as the liability of the organizer is excluded or limited, this shall also apply to the personal liability of employees, representatives, and vicarious agents of the organizer.

§ 7 Data protection information

(1) The organizer collects and uses the data of the participants only insofar as this is legally permitted or the participants consent to it.

(2) The following data will be collected from the participants by the organizer and will be used for the design, implementation, and execution of the raffle: name of the participant, user names, as well as email address and address (in case of a win).

(3) Participants can at any time, in writing or any text form, request information from the organizer about personal data stored by the organizer, request correction and deletion, and revoke consent to data use.