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TERMS & COnditions - APEX CHALLENGE

Terms & Conditions

SPROUT NVIDIA APEX LEGENDS CHALLENGE 2022

This giveaway is run by Rush B Esport GmbH, Gaußstraße 1, 10589 Berlin, Germany (hereinafter “SPROUT“).

The giveaway is based in the Federal Republic of Germany. Therefore, the laws of the Federal Republic of Germany exclusively apply to this giveaway regardless of the location from which the participant takes part in this giveaway.

  1. ELIGIBILITY OF PARTICIPANTS
  • Participants must be at least 18 years of age.
  • The giveaway takes place in DACH region.
  • Employees of SPROUT and their relatives are excluded from participation in the giveaway.
  • SPROUT reserves the right, upon its sole discretion, to exclude participants on valid grounds, such as but not limited to
    · violation of the rules of this giveaway;
    · manipulation of the technical process or administration of this giveaway;
    · undue conduct; or
    · false or misleading statements regarding participation in this giveaway.
  1. PURCHASE REQUIREMENTS

There is no requirement for purchase of any good or service offered by SPROUT or any third company affiliated to either of the aforementioned, and/or any of their business partners. Purchase of any such good or service does not increase the participant’s chances in this giveaway.

  1. PROCEDURE OF THE GIVEAWAY
  • Participants need to complete the tasks explained in the info channel of SPROUTs Community Discord Server.
    · There will be 60 winners of Endgame Gear XM1r, drawn by randomly picked from the LOBBY channel during the campaign.
  • All other prices stated on our landingpage will be won by our streamers P4wnyhof and Meloonie, which will be drawn in different other raffles on their channels.
    · The winner will be contacted via Discord message until Feb. 28th, 2022.
  1. GIVEAWAY PERIOD

The giveaway starts on Monday, January 17th 3pm and ends on Friday, January 21th 2022 4pm.

  1. ELIGIBILITY

Upon participating, participants guarantee fulfillment of the guidelines. Participants agree to release and hold harmless SPROUT from any third-party-claim arising from any violation of the guidelines by the participant.

  1. PRIZES

There will be 60 prizes consisting of:

  • one (1) Endgame Gear XM1r

The prizes have to be accepted as awarded and may not be transferred, substituted or redeemed for cash or otherwise.

  1. COPYRIGHT

Participants transfer to SPROUT and their legal representatives and assigns, the irrevocable, unlimited, worldwide, free-of-charge, non-exclusive and transferable right to reproduce, disseminate, adapt, edit in full or in part (especially with regard to digitization or encryption of the contributions) – Including, but not limited to, audio and / or video and / or other illustrations in all known media and usage forms, with regard to protective rights also in all unknown media and usage forms for any purpose commercial or non-commercial, in particular worldwide for advertising, promotion, sales and merchandising purposes as well as the name, the picture and the photo of each participant in this context free of charge in its sole discretion. In as far as copyrights are concerned, the conditions customary in the industry must be offered by the participant for still unknown uses. The participant agrees that he does not receive any compensation for the use of the contribution. Legal claims remain unaffected. SPROUT is therefore also entitled to transfer the rights of use to third parties and to alter and adapt the participants’ contents.

  1. LIABILITY

To the extent permitted by law SPROUT is not responsible for:

(1) any incorrect or inaccurate information, whether caused by participant, printing errors or omission or by any of the equipment of programming associated with or utilized in the giveaway;

(2) technical failures of any kind including, but not limited to malfunctions, interruptions or disconnections in phone-lines or network, hardware or software;

(3) unauthorized human intervention in any part of the uploading process;

(4) technical or human error which may occur in the administration of the giveaway or the processing of videos, or

(5) any injury or damage to persons or property which may be caused directly or indirectly, in whole or in part from participants participation in the giveaway. If for any reason a participant’s post is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, participant’s sole remedy is another post in the giveaway provided that if it is not possible to submit another post due to discontinuance of the giveaway, or any part of it, for any reason, SPROUT, at its discretion, may elect to hold a random drawing from among all eligible videos or, as the case may be, received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded.

SPROUT are responsible for prize availability, but not for prize utility or quality or otherwise.

The reporting and payment of any taxes on prizes, if necessary, are the sole responsibility of the winner.

As far as permissible by law SPROUT liability for damages is limited to gross negligence and intent.

Notwithstanding the foregoing, SPROUT shall be liable for any negligent breach of essential obligations, the violation of which endangers attainment of the contractual purpose, or for the violation of obligations, the fulfilment of which is crucial for the proper execution of the giveaway or upon the compliance with which the contractual partners regularly trust. In this case, SPROUT shall only be liable for the foreseeable damage typical for the contract.

The aforementioned limitations of liability shall not apply in the event of injury to life, body and health.

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

  1. PRIVACY

SPROUT limit collection and use of the data of participants (such as full name, address, age, e-mail, country) to the extent legally permitted and consented to by participants. Participants upon participation in this giveaway agree to SPROUT’s use of the data delivered by participants for this giveaway. After the giveaway is finished, SPROUT will delete each participant’s data.

Wherever such requests are notified in written or text form, SPROUT shall offer to participants at any time to inspect upon previous notice what personal data is stored by SPROUT. Participants may correct this, request its deletion, or revoke their consent to data usage.

  1. REVOCATION, TERMINATION AND WITHDRAWAL

Participants on any time during the giveaway may withdraw from the giveaway. Within reasonable time upon notification, SPROUT then will delete all data collected from the participant. Participants may declare their withdrawal at any time to: info@sprout.gg.

If you have a question about data protection or data security, you can contact our data protection officer by e-mail at datenschutz@sprout.gg

and

Rush B Esport GmbH

Abteilung Datenschutz

Gaußstr. 1

10589 Berlin

GERMANY

Revocation of the right to use participant’s personal data is possible at any time. However, such revocation will necessarily be followed by the exclusion of the participant from the giveaway.

SPROUT reserves the right to cancel or end the giveaway at any time, without notice or reason.

  1. APPLICABLE LAW AND JURISDICTION

This giveaway is administered in Federal Republic of Germany Consequently the law of Federal Republic of Germany applies to this giveaway. The courts in Charlottenburg, Berlin shall have proper jurisdiction for any claim arising out of this giveaway.

  1. SEVERABILITY

If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. The invalid, void, or unenforceable provision, covenant or condition shall be replaced by such term, provision, covenant or condition as to be found valid, or enforceable, thereby coming as close as possible to the regulation being replaced by it.

The same shall occur, if any term, provision, covenant or condition shall be found missing in this agreement to constitute a gap in the regulations. This giveaway is in no way sponsored, supported or organized by Twitter or Facebook, nor is it connected to Twitter or Facebook. Participants accept that they hold no legal right against Twitter or Facebook and release Twitter or Facebook from any liability connected to the giveaway.

All data submitted is directed solely towards SPROUT.