- These Terms and Conditions for the Pokémon 25th Anniversary Capture Contest ("Participation Terms") apply to the Pokémon 25th Anniversary Capture Contest (“Contest”) held on the official Twitter channel of the organizer Nintendo of Europe GmbH, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany (“Nintendo”) and referring to these Participation Terms in the Contest announcement.
- All individuals who are at least 13 years old and have their permanent residence in Austria, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Israel, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom , are eligible to participate (“Participating Countries”). Participants under 18 years old must have the consent of their legal guardians to participate. Legal representatives and employees of the organizer and TPCi, affiliated undertakings and undertakings commissioned by the organizer and TPCi for the execution of the contest, and parties affiliated with them may not participate.
- Participation and chances of winning do not depend on the purchase of a Nintendo product in any way. Participants need to have a Twitter account and access to a Pokémon game for Nintendo Switch.
- In the time period from 01.06.2021 until 31.12.2021 (the “Contest Period”) Nintendo will publish each month a Contest announcement on the official Twitter channel of Nintendo announcing a theme for the respective month (7 in total) and a specified hashtag. In order to participate the Participants have to take a screenshot from a Pokémon game for Nintendo Switch relating to then-current theme and must publish the screenshot on Twitter with a specified hashtag as described in the relevant Contest announcement. Entry for each theme will close at 23:59 two weeks after start of the monthly contest. Nintendo cannot guarantee uninterrupted or secure access to the entry route. For each theme each participant may only participate once.
- The number of winners will be stated in the respective Contest announcement each month. For each theme, winners will be chosen by lottery from among all the participants for the month. For the last theme there will be grand prizes and for the lottery for all participants of the last month all previous participations in the previous month will be considered as well. Winners will be notified by Nintendo via a private Twitter message and have to reply within 48 hours providing their full name and postal address . If the winners do not respond to such notification as described or not within the time frame Nintendo reserves the right to award the prize to a substitute winner. Prizes will only be sent to addresses located in the Participating Countries. Nintendo may feature the screenshots of the winners on official websites of Nintendo and/or websites promoting and/or selling Nintendo’s products, YouTube and/or social media websites such as Facebook, Twitter and Instagram.
- The prizes will be specified in the Contest announcement for each month.
- Participation by means other than those described in these Participation Terms is not permitted. Legal recourse is excluded.
- Prizes are non-transferable and will not be paid out in cash. Winners are not entitled to have the prize paid out in kind or to exchange the prize for a different item. The organizer reserves the right to give the winner an alternative prize of equivalent or higher value if an advertised prize is not available for any reason.
- Participants who cheat, manipulate, or exploit bugs in any way in relation to their participation will be excluded from the Contest by Nintendo. No responsibility can be accepted for entries lost, delayed or corrupted, or due to computer error in transit.
- The organizer reserves the right to discontinue, interrupt, suspend, postpone, or modify in a manner that is reasonable for the participants part or all of the Contest without prior notice if unforeseen circumstances beyond the organizer's control occur that prevent the planned execution of the Contest. Liability to participants, winners, or third parties in this regard is excluded.
- By posting photos, the participant assures that he or she is the holder of all rights required to post the photos or has obtained these rights and that the photos do not violate publication rights, data privacy rights, or rights to one's own image. Each participant further undertakes not to post photos that violate publication rights, data privacy rights, or rights to one's own image held by third parties.
- The organizer reserves the right to exclude participants from the Contest if the organizer considers a participant's post, comment or photo to be inappropriate. Inappropriate includes but is not limited to:
a. Posts, comments, and photos that violate publication rights, rights to one's own image, or data privacy rights held by third parties;
b. Posts, comments, and photos that violate copyrights, trade mark rights, trade secrets, patents, or other protective rights held by third parties;
c. Libelous, lewd, harassing, vulgar, obscene, insulting posts, comments, and photos, as well as posts, comments, and photos that promote hate or are otherwise considered unacceptable.
The organizer may, at its discretion, also consider posts, comments, and photos inappropriate for the Contest for reasons other than those listed above. - Rights of use:
a. The participants (or parents or other legal representatives of minor participants) consent to the organizer using the photos free of charge and without restriction in regard to space, time, or content. Use in particular includes but is not limited to the copying, distribution, publication, and making available of the photos by the organizer in any form and in all media (television, radio, cinema, Internet, print, audio, etc.). The photos may be used for advertising and PR purposes of any kind in connection with the theme of this campaign. The photos can be modified at will (by changing color, shrinking, cropping, etc.).
b. The right to use the photos is granted for an unlimited time and without restriction to a particular territory. The organizer is entitled to (wholly or partially) assign or sub-license the rights granted above to third parties without restriction, especially though not exclusively to undertakings affiliated with the organizer.
c. The organizer warrants that it will not portray participants in a negative light, but is otherwise free to use the photos as it chooses. As part of the consent granted above, the participant waives any claim to examine or approve the finished product, video clip, copy of the work, video script, or printed material created using the photo. - The first name and first letter of the last name, the residence and/or the Twitter user name of the winners can be published on the Nintendo website as well as on the official Nintendo Facebook pages, official Nintendo Twitter and Instagram channels, and the official Nintendo YouTube channel.
- The organizer's liability for damages caused by injury to life, body, or health as a result of a negligent or intentional breach of duty by the organizer, or legal representatives or vicarious agents of the organizer, as well as for damages caused by an intentional or grossly negligent breach of duty or malice on the part of the organizer, or legal representatives or vicarious agents of the organizer, remains unaffected. The same is true of damages covered by the German Product Liability Act or by any guarantees offered by the organizer.
For damages caused by an ordinary negligent breach of essential contractual duties of a legal representative or vicarious agent of the organizer and that do not concern life, health, or body or claims under the German Product Liability Act, the organizer's liability is limited to the amount of the foreseeable damages typical for the contract. Essential contractual duties are duties whose fulfillment makes holding the Contest according to the rules possible in the first place and whose fulfillment participants may routinely trust in.
The organizer is not liable for damages not covered by the two paragraphs above, regardless of the legal basis for such. - These Participation Terms are governed by German law. All disputes related to this Contest are subject to the sole jurisdiction of the courts of the place where the participant in dispute with the organizer has his or her residence.
- The participants consent to the Participation Terms by participating in the Contest. Nintendo may be required by applicable laws to disclose upon request the names of the winners to authorities and other interested parties.
DATA PRIVACY POLICY FOR THE POKÉMON 25th ANNIVERSARY CAPTURE CONTEST
This Data Privacy Policy applies to participation in the Pokémon 25th Anniversary Capture Contest (“Contest”) of Nintendo of Europe GmbH, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany ("Nintendo," "we," or "us") held on the official Nintendo Twitter channel and to the collection and processing of personal data of the Contest participants by Nintendo as the organizer of such Contest. Nintendo is the controller as defined by the General Data Protection Regulation (Regulation (EU) 2016/679: "GDPR") of the personal data that Nintendo, as the organizer of the Contest, collects from participants and processes. Please note that Twitter processes their users' data in accordance with their data privacy policy and uses it for their own business purposes. Nintendo has no influence and no control over data processing by providers of social networks.
1. What data we collect and process and for what processing purposes
a) For you to participate in the Contest, it is necessary for us to collect your user name on Twitter that you use for your Contest post, as well as the posted photo. If you win, we need your full name and your postal address. This data is collected and processed to organize and hold the Contest and to send the prizes. The legal basis for processing under this Clause 1.a) is the holding and execution of the Contest (Art. 6 (1) (b) GDPR).
b) According to Clause 14 of the Contest Participation Terms, the user name on Twitter, the first name and the first letter of the last name and the residence of winners may be published on the Nintendo website, as well as on the official Nintendo Facebook page, official Nintendo Twitter and Instagram channels, and official Nintendo YouTube channel. In this case, processing is based on a legitimate interest of Nintendo (Art. 6 (1) (f) GDPR). The legitimate interest is specifically to facilitate the greatest possible transparency in regard to the award of prizes. You have the right to object to this form of data processing at any time for reasons specific to your situation. To exercise this right, you can contact us at any time using the contact information provided in Clause 5 of this Data Privacy Policy.
c) If you send an email or another message to Nintendo, Nintendo uses these messages to process your questions and respond to your concerns. The legal basis for this processing is the provision of the services you requested (Art. 6 (1) (b) GDPR).
2. Disclosure of your personal data to third parties
a) In case you are winning, we will share your name and postal address with a parcel delivery provider, to deliver your prize. The legal basis for the processing is the delivery of your prize and the performance in the course of the Contest (Art. 6 para. 1 (b) GDPR).
b) In accordance with the applicable data privacy regulations, Nintendo may disclose your personal data to external processors who act on behalf of Nintendo and render services in relation to the Contest. If the registered office of these processors is located outside the European Union or the European Economic Area, then either it is located in third countries for which an adequacy decision of the European Commission exists or an adequate level of protection is guaranteed by the standard data protection clauses issued by the European Commission that were agreed on by Nintendo and the external processor.
3. Duration of storage
Nintendo stores your personal data only as long as needed to achieve the goals of the Contest, or – if statutory retention periods longer than this exist – for the duration of retention stipulated by law. After this, your personal data is deleted. In particular, if you exercise your right to object to the processing of your data, we will immediately delete your personal data that we are processing for the purposes you objected to as long as no other legal basis for the processing and storage of this data exists and no statutory retention periods apply.
4. Your rights under the GDPR
You may have the following rights under the GDPR:
- Right to information: You have the right to request information at any time about whether Nintendo is processing your personal data and, if so, what this personal data is. To exercise this right, you can contact us at any time using the contact information provided in Clause 5 of this Data Privacy Policy.
- Right to the correction of your personal data: If Nintendo processes your personal data, Nintendo will endeavor to use suitable measures to ensure that your personal data is correct and up-to-date for the purposes for which it was collected. If your personal data is incorrect or incomplete, you can request correction of this data. To exercise this right, you can contact us at any time using the contact information provided in Clause 5 of this Data Privacy Policy.
- Right to deletion or limitation of processing: You may have the right to request the deletion of your personal data or to limit processing of your personal data. To exercise this right, you can contact us at any time using the contact information provided in Clause 5 of this Data Privacy Policy.
- Right to data portability: You may have the right to receive the personal data related to you that you have provided to Nintendo in a structured, commonly used, and machine-readable format or to transmit this data to another controller. To exercise this right, you can contact us at any time using the contact information provided in Clause 5 of this Data Privacy Policy.
- Right to object: You have the right to object to the processing of your personal data, as explained in further detail in this Data Privacy Policy.
- Right to file a complaint with a supervisory authority: You have the right to file a complaint with a supervisory authority within the European Union. You may contact the Hessian Data Protection Officer.
5. Contact data and Data Protection Officer
If you have questions about this Data Privacy Policy or about the processing of your personal data by Nintendo or if you wish to exercise your rights under the GDPR, you can contact Nintendo at any time: By mail to Nintendo of Europe GmbH, Attn. Legal Department, Goldsteinstrasse 235, 60528 Frankfurt, Germany, or via our contact form available under nintendo-europe.com/contact.
You can also contact Nintendo's Data Protection Officer at any time: By email to dataprotectionofficer@nintendo.de or by mail to Nintendo of Europe GmbH, Attn.: Legal Department, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany.