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Terms and Conditions & Privacy Policy – Nintendo Labo Creators Contest Europe

Terms and Conditions

1. The contest is open to residents of Germany, Austria, Switzerland, France, United Kingdom, Spain, Portugal, Italy, Belgium, Luxembourg, the Netherlands, Russia (each a “Participating Country”), Greece, South Africa (each a “Distributor Country”), Sweden, Denmark, Norway and Finland (together a “Distributor Country”), Czech Republic, Slovakia, Hungary and Poland (together a “Distributor Country”), excluding employees and the immediate families of the promoter, its agents or anyone professionally connected with the conduction of the Event.

2. The promoter of the Local Contest (see section 7) in the Participating Countries and of the European Contest (see section 8) is Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main, Germany (“Nintendo”). The promoter of the Local Contest in the Distributor Countries is for each Distributor Country the respective official local distributor of Nintendo which you can find under support.nintendo.com by selecting your country.

3. Participation in this contest is free of charge. Participation and chances of winning are not dependant on the purchase of any of Nintendo’s products.

Participants need to have access to a Nintendo Switch console and a Nintendo Labo Kit. Entrants are required to register for a Nintendo Account (which requires the acceptance of the Nintendo Account Agreement). Participation in this contest requires Internet access. Participation with a child account is not possible. For entrants 15 and younger (with a minimum age of three years) the parent/legal guardian having a Nintendo Account can participate on behalf of that. Participation is possible for one person or as a group, where a group shall count as one entrant/participant and in case of winning as one winner. One member of the group has to have a Nintendo Account in order to participate as a group.

4. By entering the contest, entrants and in case of a group all members of the group agree to be bound by these terms and conditions. If you are under 16 you are representing that you have consent from your parents/legal guardian to enter the contest in accordance with our terms and conditions. If you register on behalf of a group you declare to have authorization from all members of the group to accept the terms and conditions on their behalf. If the members of a group are under 16 and the adult registering the group to participate in the contest is not the parent/legal guardian of the child(dren), the adult declares to have the authorization of the parent/legal guardian of the members of the group who are under 16 to accept these terms and conditions on behalf of the child(ren).

5. The contest is open from 12.00 on 19 July 2018. Entries close at 23:59 on 7 September 2018. The promoter cannot be held responsible if participation is not possible or not possible within such time frame due to technical errors or for other reasons.

6. a. Participation in the Participating Countries is as follows:

In order to participate entrants have to upload and submit to the website [link] self-created photos or videos of a self-created or self-customized Toy-Con and/or share a link to such photo or video which the entrant has previously posted on their social media channel (Facebook, Twitter, Instagram, YouTube)

b. Participation in the Distributor Countries is as follows:

How to participate in the contest in the Distributor Countries and provide the submissions is explained in the announcement post regarding this contest on the official website of the official local distributor of Nintendo in your country.

c. For Participating Countries and Distributor Countries:

Entrants can participate in the following three categories:

i. “Creations”: The photo or video of the Toy-Con submitted must be of an original Toy-Con created by the entrant.

ii. “Customisation”: The photo or video of the Toy-Con submitted must be of a Toy-Con customized in an original design by the entrant.

iii. “Kids”: To enter this category entrants have to be 12 years or younger and must submit either a photo or video of a Toy-Con that is an original Toy-Con created by the entrant or of a Toy-Con that has been customized in an original design by the entrant.

Entrants can participate more than once in each category. Participation in more than one category is possible.

7. In each Participating Country and in each Distributor Country a local independent jury appointed by the respective promoter will select 2-5 finalists with the best Toy-Con creations/customizations which are deemed to be the most original and creative in each of the three categories from all entries in the respective Participating Country and Distributor Country. From these finalists the same jury in each Participating Country and each Distributor Country will select in each category one local winner (the “Local Winner”) with the best Toy-Con creation/customization (the “Local Contest”) which is deemed to be the most original and creative. The finalists and Local Winners of the Participating Countries and Distributor Countries each will be notified within 14 days of the contest closing via the phone number provided in the submission form or via the email address registered to the Nintendo Account of the respective finalist/winner and in case of an email notification have to reply within two (2) days after having received such notification providing their full name and postal address. If the finalists and Local Winners do not respond to such notification as described or not within the time frame the promoter reserves the right to award the prize to a substitute winner. Prizes will only be sent to addresses located in the Participating Countries and Distributor Countries. Prizes will be sent after their official release in Europe.

8. From all Local Winners of all Participating Countries and all Distributor Countries an independent jury appointed by Nintendo will select one European winner (the “European Winner”) in each category with the best Toy-Con creation/customization(“the European Contest”) which is deemed to be the most original and creative. The European Winners each will be notified within 14 days after the selection via the phone number provided in the submission form or via the email address registered to the Nintendo Account of the respective winner and in case of an email notification have to reply within two (2) days after having received such notification by providing the full name and full postal address. If the European Winners do not respond to such notification as described or not within the time frame the promoter reserves the right to award the prize to a substitute winner. Prizes will only be sent to addresses located in the Participating Countries and Distributor Countries. Prizes will be sent after their official release date in Europe.

9. The prizes are:

Each finalist that is not selected as Local Winner will receive the following prize: 1x Nintendo Labo Vehicle Kit (value approx. 80€)

Each Local Winner will receive the following prize: 1x pair of Joy-Con (Nintendo Labo design) and 1x Nintendo Labo Vehicle Kit (value approx. 80€)

Each European Winner will receive the following prizes: 1x Nintendo Switch (Nintendo Labo design) + 1x Nintendo Labo Vehicle Kit (value approx. 80€)

Please note that a group will only count as one winner.

10. There is no cash or other prize alternatives. In the event of unforeseen circumstances, the promoter reserves the right to substitute any prize for an alternative of equal or greater value.

11. The promoter reserves the right to withdraw, suspend or amend the contest without prior notice in the event of any unforeseen circumstances outside its reasonable control hindering the scheduled procedure of the contest, especially the breakdown of hardware or software, the unauthorised intervention of third parties as well as mechanical, technical or legal problems outside promoter’s reasonable control and influence. No responsibility can be accepted for participations lost, delayed or corrupted, or due to computer error in transit. Participations using methods generated by a script, macro or the use of automated devices will be void.

12. By uploading and providing their submissions, participants represent and warrant that they own, or have obtained, all rights necessary to post their submissions, including, but not limited to all copyrights, trademarks, trade secrets, patents or other proprietary rights. In particular, if a participant uploads submissions displaying other people, it is necessary for that participant to obtain their permission in accordance with the rights of use below beforehand. Each participant further agrees that they will not upload and provide submissions or other content that violates the publicity rights, privacy rights, portrait rights, copyrights, trademark, trade secret, patent or other third party proprietary rights. The promoter reserves the right to exclude a submission from the contest if it considers such submission to be offensive, defamatory or if it infringes third-party rights or if it is considered not acceptable for the contest by the promoter.

13. Rights of use:

a. The entrant (or entrant’s parent or legal guardian in case the entrant is a minor) grants to the promoter the royalty-free right to use the submissions for any purpose, in particular for advertisement purposes and promotional events including, but not limited to, reproduction, distribution and publication of the entry and making the entry available to the public in any form and in any media (printed or electronic form, on the Internet, TV, radio, cinema etc.) and including making adaptations of the submissions (colouring, reducing, multiplying etc.).

b. The right to use the entry is granted for an indefinite period of time and without any territorial restriction. The right may be assigned or sublicensed to third parties and in particular, without limitation, to affiliated companies of Nintendo and if the promoter is not Nintendo to Nintendo without any restriction.

c. The promoter ensures that entrants will not be portrayed in a bad light through promoter’s use of the entry, but is not limited in the use of the competition entry. Entrants waive the right to inspect or approve the finished product, the video clip, advertising copy, video script or printed matter that may be used in connection therewith.

14. The liability of the promoter for damage attributable to injury to life, limb, or health and attributable to wilful or negligent breach of duty on the part of a statutory representative or vicarious agent of promoter and for damage attributable to fraud, wilful or grossly negligent breach of duty on the part of promoter, statutory representative or vicarious agent of promoter shall remain unaffected. The same applies for damage attributable to claims under the Product Liability Act or any guarantees given by promoter.

The liability of promoter is limited to the foreseeable damage typical for the contract for damage attributable to negligent breach of essential contractual duties on the part of a statutory representative or vicarious agent of promoter and not attributable to injury to life, limb, or health or claims under the Product Liability Act. Essential contractual duties are duties, whose observation is required for the proper performance of the competition and in whose observation participants typically may trust.

The promoter is not liable for any damage attributable to any reason that is not covered by one of the two preceding paragraphs.

15. The Local Winners’ and European Winners’ first names, the first letter of their surnames, their nicknames and places of residence may be published within the respective notification period on the official website of the promoter or official Facebook, Twitter or Instagram accounts or official YouTube channels of the promoter. The promoter may be required by applicable laws to disclose upon request the names and county of the winners to authorities and other interested parties.

16. The Promoter reserves the right to verify all entries and the winner, including, but not limited to, age and eligibility to enter, and to refuse to award the prize, or withdraw prize entitlement, where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of the entry requirement of this contest.

17. These Terms and Conditions are subject to German law. The Nintendo Account Agreement and the Nintendo Account Privacy Policy shall apply.

Privacy Policy for the Local Contests in Participating Countries and the European Contest

In addition to the Nintendo Account Privacy policy this contest privacy policy (the “Privacy Policy”) applies if you are a resident of the Participating Countries (see sec. 1 of the Terms & Conditions) and participate in the Local Contest (see sec.7 of the Terms & Conditions) in the Participating Countries as well as when you participate in the European Contest (see sec. 8 of the Terms & Conditions) for the Nintendo Labo Creators Contest Europe organized by Nintendo of Europe GmbH ("Nintendo", “we” or “us”), Herriotstrasse 4, 60528 Frankfurt, Germany (each and both together the “Contest”). Nintendo is the controller within the meaning of the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 – “GDPR”). Nintendo respects your privacy rights and recognises the importance of protecting your personal data.

1. What Information we Collect and Process: To participate in the Contest, you need to provide your first and last name, your age, your postal address, your email address, your phone number, if you share your social media post your Facebook-, Twitter-, Instagram- and/or YouTube nickname , as well as pictures/videos of the self-created or self-customized Toy-Con submitted for the Contest.

2. How Information Is Used – Purposes of Processing:

2.1. We collect and process your information to enable, organize and administer your participation in the Contest. We need your email address to send you notifications concerning your participation in the Contest. We use the postal address of the finalists, Local Winners and European Winners to dispatch the prizes. The legal basis for the processing referred to in this Section 2.1 is the performance and processing of the Contest (Art. 6 para. 1 (b) GDPR).

2.2. The finalists’, Local Winners’ and European Winners’ first names and the first letter of their last names as well as their city and their nicknames can be published on Nintendo’s website and/or on official Nintendo Facebook, Instagram and Twitter accounts or on official Nintendo YouTube channels. The legal basis for this processing is Art. 6 para. 1 (f) GDPR. We have a legitimate interest in announcing the finalists and winners to demonstrate that the prizes have been awarded. You have the right to object, on grounds relating to your particular situation, at any time to such processing. To exercise this right, you may at any time contact us as provided in Section 7 of this Privacy Policy.

3. User Communications: When you send an email or other communication to Nintendo, we use those communications in order to process your inquiries and respond to your requests. The legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).

4. Who Has Access to Information:

4.1. In case you are winning, we will share your name and postal address with our 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).

4.2. In compliance with applicable data protection requirements, Nintendo may also use third-party data processors and may share your personal data with such third party data processors acting on Nintendo’s behalf to provide services in connection with the Contest. Where such third party processors are located outside the European Union respectively the European Economic Area, such third party processors are either located in a third country where the European Commission has decided that this country ensures an adequate level or appropriate safeguards for an adequate level of data protection are provided for by standard data protection clauses that have been adopted by the European Commission and that have been entered into between Nintendo and the third party data processor.

5. Storage Time: We will only store your information as long as necessary to fulfil the purposes of the Contest or – where the applicable law provides for longer storage and retention period – for the storage and retention period required by law. After that your personal data will be deleted. In particular, if you exercise a right to object to the processing of your personal data, we will delete your personal data that we processed for the purpose to which you objected without undue delay, unless another legal basis for processing and retaining this data exists or unless applicable law requires us to retain the data.

6. Your rights under GDPR: In particular, but without limitation, you may have the following rights under applicable European data protection law:

  • Right of access: You have the right to obtain confirmation from us as to whether or not we process personal data from you and you also have the right to at any time obtain access to your personal data stored by us. To exercise this right, you may at any time contact us as provided in Section 7 of this Privacy Policy.
  • Right to rectification of your personal data: If we process your personal data, we shall endeavour to ensure by implementing suitable measures that your personal data is accurate and up-to-date for the purposes for which we collected your personal. If your personal data is inaccurate or incomplete, you have the right to obtain the rectification of such data. To exercise this right, you may at any time contact us as provided in Section 7 of this Privacy Policy.
  • Right to erasure of your personal data or right to restriction of processing: You may have the right to obtain the erasure of your personal data or the restriction of processing of your personal data. To exercise this right, you may at any time contact us as provided in Section 7 of this Privacy Policy.
  • Right to data portability: You may have the right to receive the personal data concerning you and which you have provided to us, in a structured, commonly used and machine-readable format or to transmit those data to another controller. To exercise this right, you may at any time contact us as provided in Section 7 of this Privacy Policy.
  • Right to object: You have the right to object to the processing of your personal data as further specified in this Privacy Policy.
  • Right to lodge a complaint with supervisory authority: You have the right to lodge a complaint with a data protection supervisory authority located in the European Union. You may contact the Hesse Data Protection Supervisor.

7. Contact and Data Protection Officer: If you have any questions about this Privacy Policy and Nintendo’s data processing activities or if you want to exercise any of your rights under GDPR, please contact: Nintendo of Europe GmbH, Attn.: Legal Department, Herriotstrasse 4, 60528 Frankfurt, Germany, or via email at privacyinquiry.noe@nintendo.de]. You can also contact Nintendo’s data protection officer: Nintendo of Europe GmbH, Attn.: Legal Department, Herriotstrasse 4, 60528 Frankfurt, Germany, or via email dataprotectionofficer@nintendo.de.

Privacy Policy for the Local Contest in each Distributor Country

This local contest privacy policy (the “Privacy Policy”) applies if you, as a resident of the Distributor Countries (defined in sec.1 of the Terms & Conditions) participate in the Local Contest of the Nintendo Labo Creators Contest Europe organized by the respective official local distributor for Nintendo of your country of residence which can be found under support.nintendo.com by selecting your country ("Organizer", “we” or “us”), (the “Local Contest”). Organizer is the controller within the meaning of the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 – “GDPR”). Organizer respects your privacy rights and recognises the importance of protecting your personal data.

1. What Information we Collect and Process: To participate in the Local Contest, you need to provide your first and last name, your age, your postal address, your email address, your phone number, if you share your social media post your Facebook-, Twitter-, Instagram- and/or YouTube nickname as well as pictures/videos of the self-created or self-customized Toy-Con submitted for the Local Contest.

2. How Information Is Used – Purposes of Processing:

2.1. We collect and process your information to enable, organize and administer your participation in the Local Contest. We need your email address to send you notifications concerning your participation in the Local Contest. We use the postal address of the finalists and Local Winners to dispatch the prizes. The legal basis for the processing referred to in this Section 2.1 is the performance and processing of the Local Contest (Art. 6 para. 1 (b) GDPR).

2.2. The finalists’ and local winners’ first names and the first letter of their last names as well as their city and their nicknames can be published on the Organizer’s website and/or on official Organizer’s Facebook, Instagram and Twitter accounts or on official Organizer’s YouTube channels. The legal basis for this processing is Art. 6 para. 1 (f) GDPR. We have a legitimate interest in announcing the finalists and winners to demonstrate that the prizes have been awarded. You have the right to object, on grounds relating to your particular situation, at any time to such processing. To exercise this right, you may at any time contact us as provided in Section 7 of this Privacy Policy.

3. User Communications: When you send an email or other communication to Organizer, we use those communications in order to process your inquiries and respond to your requests. The legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).

4. Who Has Access to Information:

4.1. The local winners of the Local Contest (the “Local Winners”) automatically participate in the European Contest organized by Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main, Germany (“Nintendo”). To enable the participation in the European Contest organized by Nintendo, we will share the following information of Local Winners with Nintendo: first and last name, age, postal address and email address of Local Winners, Facebook-, Twitter-, Instagram- and/or YouTube nickname of Local Winners as well as pictures/videos of the self-created or self-customised Toy-Cons submitted by the Local Winners for the Local Contest. The legal basis for the processing is to enable the participation of Local Winners in the European Contest (Art. 6 para. 1 (b) GDPR). The processing of the transferred information of Local Winners is subject to Nintendo’s Privacy Policy for the Local Contests in Participating Countries and the European Contest and Nintendo will process and handle information of Local Winners in accordance with Nintendo’s Privacy Policy for the Local Contests in Participating Countries and the European Contest.

4.2. In case you are a finalist or Local Winner, we will share your name and postal address with our 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 Local Contest (Art. 6 para. 1 (b) GDPR).

4.3. In compliance with applicable data protection requirements, Organizer may also use third-party data processors and may share your personal data with such third party data processors acting on Organizer’s behalf to provide services in connection with the Local Contest. Where such third party processors are located outside the European Union respectively the European Economic Area, such third party processors are either located in a third country where the European Commission has decided that this country ensures an adequate level or appropriate safeguards for an adequate level of data protection are provided for by standard data protection clauses that have been adopted by the European Commission and that have been entered into between Organizer and the third party data processor.

5. Storage Time: We will only store your information as long as necessary to fulfil the purposes of the Local Contest or – where the applicable law provides for longer storage and retention period – for the storage and retention period required by law. After that your personal data will be deleted. In particular, if you exercise a right to object to the processing of your personal data, we will delete your personal data that we processed for the purpose to which you objected without undue delay, unless another legal basis for processing and retaining this data exists or unless applicable law requires us to retain the data.

6. Your rights under GDPR: In particular, but without limitation, you may have the following rights under applicable European data protection law:

  • Right of access: You have the right to obtain confirmation from us as to whether or not we process personal data from you and you also have the right to at any time obtain access to your personal data stored by us. To exercise this right, you may at any time contact us as provided in Section 7 of this Privacy Policy.
  • Right to rectification of your personal data: If we process your personal data, we shall endeavour to ensure by implementing suitable measures that your personal data is accurate and up-to-date for the purposes for which we collected your personal. If your personal data is inaccurate or incomplete, you have the right to obtain the rectification of such data. To exercise this right, you may at any time contact us as provided in Section 7 of this Privacy Policy.
  • Right to erasure of your personal data or right to restriction of processing: You may have the right to obtain the erasure of your personal data or the restriction of processing of your personal data. To exercise this right, you may at any time contact us as provided in Section 7 of this Privacy Policy.
  • Right to data portability: You may have the right to receive the personal data concerning you and which you have provided to us, in a structured, commonly used and machine-readable format or to transmit those data to another controller. To exercise this right, you may at any time contact us as provided in Section 7 of this Privacy Policy.
  • Right to object: You have the right to object to the processing of your personal data as further specified in this Privacy Policy.
  • Right to lodge a complaint with supervisory authority: You have the right to lodge a complaint with a data protection supervisory authority located in the European Union. You may contact the Hesse Data Protection Supervisor.

7. Contact and Data Protection Officer: If you have any questions about this Privacy Policy and Organizer’s data processing activities or if you want to exercise any of your rights under GDPR, please contact the respective responsible official local distributor for your country of residence under support.nintendo.com by selecting your country.

You can also contact the Organizer’s data protection officer:

  • If you are a resident of Greece: [Please add contact information of data protection officer], or via [email address of data protection officer].
  • If you are a resident of Czech Republic, Slovakia, Hungary and Poland: Martin Sarkozi, +421 905 228 892, or via mailto:martin.sarkozi@conquest.sk
  • If you are a resident of Sweden, Denmark, Norway and Finland: Bergsala Dataskyddsombud, Box 102 04, 434 23 Kungsbacka, Sweden
  • If you are a resident of South Africa: Please contact support@nintendo.co.za.