GENERAL TERMS AND CONDITIONS GENIEWIN
§ 1 Scope of application
GenieWin is an offer of GenieWin GmbH, Am Kaiserkai 62, 20457 Hamburg, Germany. (hereinafter referred to as "GenieWin" ). The use of the GenieWin entry service to participate in competitions is governed by the following general terms and conditions (hereinafter "GTC"). All competitions are not carried out by GenieWin, but by various partners (organisers), who also provide the prizes for the competitions. The organiser promises the prizes donated by him solely in his name. The organiser is the sole promoter within the meaning of § 657 BGB (German Civil Code).
§ 2 Use of the registration service
(1) The use of the GenieWin registration service is permitted to any natural person who has reached the age of 18.
(2) In order to use the service, the user must first register free of charge via the GenieWin app or via the geniewin24.com website. Registration is only completed after verification of the data provided by the user (email address or mobile phone number).
(3) Use requires the truthful provision of data relevant to participation. The user himself is responsible for this. Within the framework of his profile, the user is able to update his contact data at any time.
(4) GenieWin is entitled to exclude individual persons from use if there are justified reasons, such as violation of these terms of use, manipulation, etc., and reserves the right to take legal action.
§ 3 Free trial period and conclusion of contract
(1) After confirming his registration, the user can cancel it at any time within 7 calendar days free of charge. The cancellation can be made via the corresponding button in the online member area or in writing by post to the address of GenieWin, stating the customer number. The cancellation has been successfully carried out if the cancellation notice is received by GenieWin after receipt of the registration confirmation before the expiry of the 7 calendar days. During the free trial period, the user already participates in the lotteries offered by the organisers.
(2) The contract for the booking of a raffle package is only concluded after the expiry of the 7-day trial period and after successful completion of the payment process. With the completion of the payment process, GenieWin automatically enters the user in all raffles offered by the organisers for the duration of the contract period.
(3) The user receives a confirmation email about the conclusion of the contract and the beginning of the contract period to the email address provided by the user. The content of the contract is stored by GenieWin and can be sent to the user again upon request.
(4) In the event that the user subsequently defaults on payment, the entry service of GenieWin will no longer apply. In this case, the user will no longer automatically participate in the competitions.
§ 4 Contractual terms and termination options
(1) The user has the option of choosing between a fixed contract term of months3, 6 months or 12 months. After expiry of the respective fixed contract term, the term shall be extended indefinitely at the conditions of the respective booked package.
(2) The user can terminate the booked lottery package at any time after expiry of the fixed term with a notice period of 30 days. Until the end of the contract term, the entry service of GenieWin for participation in the sweepstakes of the organisers continues without restriction. Payments already made in advance will be refunded to the user on a pro rata basis.
(3) The user can view the package he has booked and its contract period in his profile at any time. Via the cancellation button integrated there, the user can send his cancellation declaration to GenieWin. A termination can also be declared by letter to GenieWin (GenieWin GmbH, Am Kaiserkai 62, 20457 Hamburg, Germany). The receipt of the termination declaration by GenieWin is decisive for a timely termination.
§ 5 Prices and payment methods
The prize packages are offered at the prices stated on GenieWin. Payment for the packages can be made via the respective payment methods offered.
§ 6 Entry service and prize processing
(1) GenieWin the user with his/her data enters in all competitions of its cooperation partners and in this way enables automatic participation of the user in the competitions of the organisers. An up-to-date overview of the current competitions can be viewed at any time at: geniewin24.com
(2) If a user wins, he/she will be notified of the win either by GenieWin or the organiser directly via e-mail. With the notification of the win, the winner is requested to provide GenieWin or the organiser with the necessary contact details. The user is responsible for the correctness of the contact details provided. The claim to the prize arises exclusively upon receipt of the prize notification and the winner's name may also be published on GenieWin. The public announcement of the winner is made without guarantee. The user expressly agrees to this form of publication.
(3) If the winner does not contact GenieWin or the organiser within 14 days of being notified of the prize, the prize will be forfeited and a new winner will be drawn from among the eligible participants. The claim to the prize is also forfeited if the prize cannot be transmitted within 6 months after the first notification of the prize for reasons that lie in the person of the winner.
(4) The items presented as prizes in the context of the competitions are not necessarily identical to the item won. Rather, there may be deviations with regard to model, colour or the like. The organiser is entitled to select an item of average type and quality equivalent to the item presented as a prize.
(5) The delivery of the prizes to the user is otherwise governed by the terms and conditions of the respective organiser, about which the user will be informed separately - usually together with the notification of the prize.
§ 7 Liability
(1) GenieWin is not liable for material defects and/or defects of title in the prizes donated by the organiser.
(2) GenieWin is not liable for the insolvency of an organiser as well as the consequences resulting from this for the implementation and processing of the prize draw.
(3) GenieWin is only liable for damages caused by GenieWin or one of its vicarious agents intentionally or through gross negligence or through the violation of cardinal obligations. This does not apply to damages caused by injury to life, body and/or health. The aforementioned limitation of liability applies in particular to damages caused by errors, delays or interruptions in the transmission of data or similar in the event of malfunctions of the technical equipment or the service, incorrect content, loss or deletion of data, viruses.
§ 8 Cancellation rights of GenieWin
(1) GenieWin is entitled to terminate the contractual relationship with the user with two weeks' notice, but in the case of an ongoing prize package at the earliest at the end of the respective package period. The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist in particular if one of the parties has violated obligations arising from these GTC.
(2) In cases of justified extraordinary termination by GenieWin, no reimbursement of service claims will be made. Furthermore, the user is then permanently excluded from the services of GenieWin.
§ 9 Data protection
The user agrees that GenieWin or the organiser may contact him/her under the data left by him/her. The collected personal data of the participants will be used to register the user for participation in the competitions, including the draw, notification of the winner by e-mail and dispatch of the prize. In order for the user to participate in the competitions, the participant's personal data will also be passed on to the respective organiser. After completion of the competition, all collected data will be deleted in full. Beyond this, personal data is not processed or used, and in particular is not passed on to third parties without authorisation. The user may at any time request information about the data stored about him/her and/or object to the storage and/or use of his/her data with effect for the future and request the deletion or blocking of his/her personal data.
§ 10 Cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you should download the FORM, fill it in with your data and send in to info@geniewin24.com To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the service should start during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.
End of the cancellation policy
§ 11 Amendment of the General Terms and Conditions
(1) GenieWin is entitled to change the terms and conditions, as far as essential regulations of the contractual relationship are not affected by this and this is necessary to adapt to developments, which were not foreseeable at the time of the conclusion of the contract, which GenieWin did not cause, nor can influence, and whose non-consideration would noticeably disturb the balance of the contractual relationship by causing difficulties in the execution of the contract, which can only be eliminated by an adjustment or addition to the terms and conditions. Essential regulations are in particular those concerning the type and scope of the contractually agreed services and the term including the regulations on termination. In addition, changes can be made in order to close regulatory gaps that arose after the conclusion of the contract. This is particularly the case in the event of a change in case law which has an influence on the provisions made in these GTC.
(2) GenieWin will explicitly inform the user of the change. The user has the possibility to object to the changed general terms and conditions within a period of six weeks. GenieWin expressly points this out with each amendment. If the user does not object to the change within the time limit, the new terms and conditions are valid for this user from the day of the expiry of the time limit.
§ 12 Final provisions
(1) Legal recourse is excluded.
(2) The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(3) Place of performance Germany, Hamburg
(4) Should any of these conditions be or become invalid, the validity of the remaining conditions of participation and implementation shall remain unaffected.
Status: February 2022