Terms and Conditions of Participation for the Survey and Beer Barrel competition on
INITIO BIRD PROTECT treatment of KWS SCANDINAVIA A/S
1. Object of the Terms and Conditions of Participation
1.1 These Terms and Conditions of Participation govern the implementation of the survey for corn seed treated with INITIO BIRD PROTECT (hereinafter referred to as “treatment”) and the Beer Barrel competition including the awarding of prizes.
1.2 The survey and competition are organized by KWS Scandinavia A/S, Lysholt Allé 10, 7100 Vejle ("KWS"). All questions, comments or complaints regarding the competition should be addressed di-rectly to KWS.
2. Eligibility for Participation
2.1 All natural persons of full age with unlimited legal capacity who have registered a myKWS on https://www.kws.dk and completed the feedback survey for corn seed treated with INITIO BIRD PRO-TECT (hereinafter referred to as “eligible person”) are eligible to participate in the competition.
2.2 Employees of KWS SAAT SE & Co. KGaA and their relatives, employees of companies affiliated with KWS SAAT SE & Co. KGaA and their relatives, employees of companies affiliated with KWS SAAT SE & Co. KGaA and their relatives as well as young people under the age of 16 are excluded from participa-tion.
3.1 Each participant may only win one (1) prize per participant.
3.2 In the event of a breach of these Terms and Conditions of Participation, KWS reserves the right to exclude persons from participating in the competition – even retrospectively – and not to award prizes to them or demand that they return them.
4.1 KWS is offering the following prizes:
Prizes: The first 200 registered farmers who have registered and completed the survey will receive a barrel of Einbecker beer and two beer glasses (value: EUR 13.29/piece)
4.2 The entitlement of any winner to his/her prize is not transferable to another natural person or legal entity. The value of a prize cannot be paid to a participant, another person or company.
4.3 Prizes will be awarded solely on the basis of the principle: “First come, first served”. The time in which the participant registers a myKWS account and completes the survey is decisive for awarding the prize.
4.4 KWS reserves the right to verify participants’ age in the event of a win.
5. Notification and Award of the Prizes
5.1 Once the winners of the prizes have been determined, they will be notified via email. The award of the prizes will be coordinated individually with the respective winner, but will always be done via email.
5.2 KWS is released from its performance obligation as soon as the prize is awarded and handed over to the respective winner.
6.1 Unless otherwise stipulated in the provisions below, KWS shall be liable for damages incurred in connection with the implementation of the prize competition and/or by the winning of the prize com-petition in accordance with the statutory provisions.
6.2 Regardless of the legal grounds, KWS shall be liable for damages within the scope of liability for culpable intent and gross negligence. In the event of simple negligence, KWS shall be subject to a mild-er standard of liability under statutory provisions and only for damages resulting from injury to life, physical injuries or damage to health, and for those resulting from a significant breach of a cardinal contractual obligation, i.e. an obligation whose fulfillment makes the proper execution of the contract possible and on whose compliance the contractual partner regularly does and may rely. However, the liability of KWS for damages resulting from a significant breach of a cardinal contractual obligation is limited to compensation for the foreseeable, typically occurring damage.
6.3 KWS shall be released from all obligations on award/handover of the prizes. In particular, KWS shall not be liable for defects in the prizes. Any claims by the participant relating to the prizes must be addressed exclusively to KWS.
7. Data Protection
For questions regarding data protection, please refer to the attached data protection information on the implementation of the survey and competition.
8.1 Recourse to a court of law is excluded.
8.2 These Terms and Conditions of Participation and the entire legal relationship between the partici-pants and KWS are subject exclusively to the laws of Denmark, excluding the conflict of law provisions.
8.3 Should individually provisions of the conditions of participation be or become invalid, the validity of the remaining conditions of participation remains unaffected.
Data Protection Information on Beer Barrel competition on Corn Seed Treatment survey
We, KWS SCANDINAVIA A/S, Lysholt Allé 10, 7100 Vejle, Denmark (hereinafter also referred to as “KWS,” “we” or “us”) inform you in this Data Privacy Statement about how we process your personal data as part of our survey of your experience with “INITIO BIRD PROTECT Corn Seed Treatment” and the prize competition.
1. What personal data do we process?
As part of the survey, we process the personal data that you provide by answering the respective questions.
For the subsequent prize competition, we process the email addresses of the participants to deter-mine the winners and award the prizes. If you are a winner, we will also process your name and postal address to deliver the prize.
2. For what purpose do we process your data?
We process personal data as part of the survey to improve our range of corn seed treatments, to de-termine the winners of the prize competition and to deliver the prizes.
3. On what legal basis do we process your data?
The legal basis of processing in the context of the survey is Article 6 (1)(1)(f) GDPR. Our legitimate in-terests are in improving our offer as well as to advertise our services to persons interested in KWS products.
The legal basis for data processing in order to implement the prize competition is Article 6(1)(1)(b) GDPR.
4. Who is the recipient of your data? Do we share your data with third parties?
The recipients of the personal data are the departments of KWS responsible for the survey and the prize competition (especially marketing), as well as service providers that we use to implement the survey and the prize competition.
5. How long do we store the data of the competition participants?
If you participate in the survey and the prize competition, we will store your data as long as this is nec-essary for the above mentioned purposes of processing or until you inform us that we should erase your data. In this case we will erase your data immediately, unless KWS is permitted to store your data for a longer period for another reason (e.g. due to another business contact).
6. What rights do you have?
Within the context of the applicable legal provisions, you have certain rights related to your personal data. Please note that certain exceptions may apply to the exercise of these rights and therefore you may not exercise them in all cases.
• Right to information: You have the right to receive information on the data processed by KWS about your person.
• Right to rectification: You can demand the rectification of incorrect data concerning your per-son. Furthermore, you can request the completion of incomplete data.
• Right to erasure: You can ask us to erase personal data under certain circumstances, and we will take appropriate steps to inform other controllers who process the data that you have re-quested the erasure of links to your data, copies of your data, and duplications of your data.
• Revocation of consent: You can revoke consent to the data processing that you have granted us and prevent further processing unless there is another reason why KWS may process your personal data.
• Right to restrict processing: In certain cases, you can request that we restrict the processing of your data.
• Right to portability: If you have provided us with data on the basis of a contract or consent, you can request receipt of the data provided by you in a structured, commonly used and ma-chine-readable format, or that we send it to another controller.
Right to object
Case-based right to object
You have the right to object to the processing of your personal data at any time on the basis of Article 6 (1)(1)(f) GDPR for reasons arising from your particular situation; this also applies to profiling based on these provisions. This personal data will then no longer be processed for these purposes unless compelling legitimate grounds for the processing are established that outweigh your interests, rights, and liberties, or the processing serves to assert, exercise, or defend legal claims.
Right to object to the processing of data for direct marketing purposes
In individual cases, your data will be processed for direct marketing purposes. You have the right to object at any time to the processing of your personal data for the purpose of such advertising. If you object to the processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
To assert the rights above, please contact us using the contact information provided.
If you believe that the processing of your personal data is unlawful, you also have the right to lodge a complaint with a data protection supervisory authority, in particular in the Member State where you reside, work or where the alleged breach occurred.
7. Your points of contact if you have any questions
The controller for the data processing is:
KWS Scandinavia A/S
Lysholt Allé 10
Telefon: +45 5484 3211
Vejle, January 2021