Conditions for Registration in the Ranger Club and Participation in Missions
Fatmoose is a trademark of Wickey GmbH & Co. KG. The campaign is organised by Wickey GmbH & Co. KG.
§ 1 Scope of validity
These conditions of participation apply to registration in the Ranger Club and participation in the individual missions. The following terms and conditions apply universally and exclusively to registering with the fatmoose Ranger Club and participating in missions.
§ 2 The Ranger Club and the missions
(1) The Ranger Club and the missions are organised by WICKEY GmbH & Co. KG, Franz-Savels-Straße 69, 52538 Gangelt, Germany.
(2) Participants can take part in missions. Once the mission has been successfully completed, the participant receives a digital badge. There is no material or high-value prize for completing the missions.
(3) Participation does not require making a purchase from Wickey GmbH & Co. KG.
§ 3 Requirements for participation
(1) Natural persons who are at least 18 years of age and have legal capacity are eligible to participate. Participating customers must reside permanently in Europe.
(2) Only users of the fatmoose app (hereinafter referred to as the "app") from Wickey GmbH & Co. KG are authorised to participate. To participate, you must create an account in the Ranger Club app. To create an account, participants must enter their email address and then use the code sent to them by email to confirm creating the account. Furthermore, the participant must agree to the terms of the agreement regarding the rights of use for the images they submit. By creating an account, the participant accepts these terms and conditions of registration and participation as well as the agreement on rights of use. To participate in the Ranger Club, the participant must accept the agreement on rights of use.
(3) The app regularly publishes missions that participants must complete in order to receive the digital badge. If the participant does not unsubscribe from email notifications, they will receive information about upcoming missions. If the participant does not wish to receive these e-mails, they can unsubscribe.
(4) Wickey GmbH & Co. KG may exclude the participant from the campaign without giving reasons. The company is particularly entitled to do so if the participant has provided incomplete information. In the event of a violation of the conditions of participation or if there is reasonable suspicion of such a violation by the participant, Wickey GmbH & Co. KG is entitled to immediately exclude the participant in question. In this case, Wickey GmbH & Co. KG is entitled to refuse to award the prize and/or, if necessary, to demand its return.
§ 4 Procedure of the campaign
(1) The participant agrees that, in the event of their participation, their name and the image submitted may be used and published by Wickey GmbH & Co. KG for advertising purposes in order to fulfil the mission.
(2) No material or high-value prize can be awarded for completing the missions.
(3) Wickey is authorised to change or terminate missions and rewards without prior notice.
§ 5 Data of the participant
(1) The participant agrees that, in the event of their participation, their name and the image submitted may be used and published by Wickey GmbH & Co. KG for advertising purposes in order to fulfil the mission.
(2) Participants expressly agree that Wickey GmbH & Co. KG may produce photos of them and publish them online in order to advertise the campaign. Customers agree that Wickey GmbH & Co. KG may publish these photos and the names of participants and pass them on to press agencies – as part of press releases and media reports about the campaign in question and/or as part of campaigns carried out by Wickey GmbH & Co. KG. Participants consent to the publication of images and customer names in print and other media. The participant has no right to the publication of their name or the images taken. They are not entitled to any form of remuneration for the publication of this data and these images within the scope of this provision.
(3) Participants expressly agree that Wickey GmbH & Co. KG may store their registration data for the duration of the Ranger Club.
§ 6 Rights and obligations of Wickey GmbH & Co. KG
(1) Wickey GmbH & Co. KG does not verify registration data.
(2) Wickey GmbH & Co. KG is entitled to terminate the competition at any time. In this case, participants are not entitled to receive any reasons or explanations for the termination. A competition may be cancelled if the promotion can no longer be carried out properly for technical or legal reasons. If a participant causes the competition to be terminated, Wickey GmbH & Co. KG may claim damages.
(3) In the event of a violation of these conditions of participation or if there is reasonable suspicion of a violation by a customer, Wickey GmbH & Co. KG is entitled to exclude the customer in question from the competition.
§ 7 Liability
(1) Wickey GmbH & Co. KG shall be liable without limitation for damages caused by Wickey GmbH & Co. KG or its legal representatives, executive employees or simple vicarious agents as a result of intent or gross negligence.
(2) Wickey GmbH & Co. KG shall not be liable for simple negligence in violating minor contractual obligations. Furthermore, in cases of simple negligence, the liability of Wickey GmbH & Co. KG shall be limited to damages that are typically to be expected within the scope of the service relationship. This shall also apply in the event of minor negligence on the part of its legal representatives, executive staff or simple vicarious agents. The limitation of liability shall not apply in the event of injury to life, limb or health of the participant, provided that such injury is attributable to the fault of WICKEY GmbH & Co. KG.
(3) All information is provided without guarantee. This refers in particular to the publication of the name of the customer.
§ 8 Data protection
(1) Wickey GmbH & Co. KG shall handle the registration data of participants confidentially and shall only make this data available to third parties to the extent that this is permitted under data protection law, is necessary for the realisation of the campaign and the sending of the discount code, and if the person registering gives their consent.
(2) Please note that Wickey GmbH & Co. KG processes customers' personal data electronically. The data will be used exclusively for the realisation of the campaign and for advertising in accordance with § 5, unless otherwise agreed.
(3) In its information on the processing of your personal data Wickey GmbH & Co. KG informs participants about the type, scope, duration and purpose of the collection, processing and use of personal data, about their right to free information about their personal data stored by Wickey GmbH & Co. and about their right to correct, delete and block this data.
§ 9 Legal recourse
There is no legal recourse.
§ 10 Final provisions
(1) The laws of the Federal Republic of Germany shall apply. For customers who are not entering into a contract for professional or commercial purposes, this right only applies if the protection granted them by mandatory provisions of the law of the country in which the customer has their habitual residence has not been withdrawn. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
(2) If the participant does not have a general place of jurisdiction in Germany or if their place of residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising under this contract shall be the place of business of Wickey GmbH & Co. KG.
(3) Should individual provisions of these promotional terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
Agreement on rights of useWe require your permission to use your photo and/or video (known as UGC, which stands for User Generated Content) and your associated rights.
You grant us and our partners free, non-exclusive rights of use and exploitation of your UGC for all known and unknown types of use, without any restrictions in terms of time or location. The use may take place in particular via the Internet, e.g. on our websites and our social media pages and other platforms, but also in printed form, e.g. on flyers or posters, and on data carriers, e.g. on USB sticks or other media. Should new technical possibilities for utilisation become known, Wickey would like to have the opportunity to make use of them.Some of the terms in this section are legal terms that we will clarify for you: "Non-exclusive" means that you can also assign the rights to other parties and that you can use your UGC in any way you wish. "Unlimited in terms of time, content and location" means that we may use your UGC for an indefinite period of time and in any location. Our partners are exclusively the companies affiliated with us in accordance with Section 15 of the Stock Corporation Act and Anchor Media GmbH (squarelovin). The granting of rights of use also includes the right of reproduction, the right of distribution and the right of exhibition (physical exploitation rights), the right to make available to the public (in particular on the Internet), the right to reproduce on image or sound carriers, and unknown types of use. The granting of rights of use includes in particular (but is not limited to) the following rights and purposes with regard to the use intended by Wickey:
1. the right to reproduce, make publicly available and distribute the work, i.e. the right to reproduce, make publicly available and publicly reproduce the work without restriction by technical means, in particular by digital integration into the website;
2. the right to make available on demand, i.e. the right to store UGC, to make it available to the public, and to transmit it to one or more requesting parties, in all analogue or digital electronic databases, electronic data networks, and telecommunications networks;
3. the right to communicate to the public, i.e. the right to reproduce the UGC publicly for commercial or non-commercial purposes, via image storage, image/sound storage, multimedia carriers or other data storage devices, chips in any format, using any analogue and digital processes and technologies;
4. the right to process, i.e. the right to redesign and edit the work in any manner, either personally or through third parties, while preserving the moral rights of the author, in particular to digitise the work for inclusion on the website;
5. the advertising right, i.e. the right to use the work for advertising the website, including in other media and outside the internet, namely on television and in print media, but not for advertising third-party products;
The granting of rights also includes the partial use of the works and their use in connection with other works. Credits may be omitted – i.e. we are not obliged to state your name as the author of the UGC. In order to use your UGC, we must be certain that you are authorised to use it. Therefore, please assure us that
1. you are the owner of the transferred rights;
2. the UGC is free of third-party rights that could prevent us from using it;
3. the publication of the UGC does not violate the personal rights of third parties. This means that all persons depicted in the UGC agree to the publication by you and by us. If a minor is depicted, the minor's parents or legal guardians must consent to the publication.
4. you are the author of the UGC or are authorised to use it and grant us the rights.
5. You are already of legal age, i.e. at least 18 years old.
You also assure us that you hereby indemnify us against all claims by third parties arising from the infringement of their property rights by the UGC, whether undisputed or determined by a court, arbitration tribunal or other arbitration body. Should claims be asserted against us due to such an infringement of property rights, this indemnification shall also include your obligation to reimburse us for the costs of appropriate legal action incurred by us in defending against the claim. Further or other claims on our part remain unaffected by this.
This agreement shall be governed by the laws of the Federal Republic of Germany. If you are a customer who is not entering into the contract for professional or commercial purposes, this legal choice shall only apply insofar as you have not been deprived of the protection granted by mandatory provisions of the law of the country in which you have your habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this agreement is the registered office of WICKEY GmbH & Co. KG. The same applies if you do not have a general place of jurisdiction in Germany or if your place of residence or habitual abode is unknown at the time the action is brought.
Should individual provisions of this agreement be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
If you have any questions, please contact us:
WICKEY GmbH & Co. KG
Franz-Savels-Straße 69
52538 Gangelt, Duitsland
Tel.: +49 (0) 24 54-582 849 0
E-mail: [email protected]
Notes on the processing of your personal data
The following provides information on how we use your personal data when you enter into the contract. Personal data is data that can be used to identify you personally. We, Wickey GmbH & Co. KG, Franz-Savels-Straße 69, 52538 Gangelt, Germany, Tel.: +49 (0) 2454 589 890, Email: [email protected], are the Data Controller within the meaning of the General Data Protection Regulation (GDPR). You can contact our Data Protection Officer by post with the reference "FAO Data Protection Officer" or by e-mail at [email protected]. The data processing is carried out for the fulfilment of the campaign's conditions and, in accordance with Article 6(1)(b) of the GDPR, is necessary for the purposes indicated for the appropriate processing of the campaign's conditions and for the mutual fulfilment of obligations arising from the agreement. The personal data we collect will be passed on to our partners and external service providers as part of the contract processing, insofar as this is necessary for the implementation of the competition. The legal basis for the transfer of data is Article 6(1)(b) of the GDPR. The data is transferred to third countries for the processing of the contract. Your personal data will be stored for as long as is necessary to conduct the competition. In accordance with the EU General Data Protection Regulation, you have the following rights:
1. In accordance with Article 15 of the GDPR, you have the right to request information about your personal data processed by us.
2. In accordance with Article 16 of the GDPR, you have the right to request the immediate correction of inaccurate personal data or the completion of personal data stored by us.
3. In accordance with Article 17of the GDPR, you have the right to request the deletion of personal data stored by us in the following cases.
4. In accordance with Article 18 of the GDPR, you have the right to restrict the processing of your data.
5. In accordance with Article 20 of the GDPR, you have the right to receive your data in a portable format.
6. If you have given your consent, you can revoke it in accordance with Article 21 of the GDPR.
7. In accordance with Article 21, you have the right to object to the processing.
You also have the right to lodge a complaint with a supervisory authority regarding the processing of your personal data in accordance with Article 77 of the GDPR.
