The promoter of the Mario Kart 8 Deluxe Seasonal Circuit (the “Contest”) is Bergsala AB, Energigatan 19, 434 37 Kungsbacka in collaboration with Nintendo of Europe GmbH, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany (“Nintendo”).
Terms and Conditions
- The Contest is open to residents of Sweden, Norway, Denmark and Finland (the “Participating Countries”) excluding employees and the immediate families of the promoter, its agents or anyone professionally connected with the Contest. Participants under 18 years old must have the consent of their legal guardians to participate.
- Participation in this Contest is free of charge. Participation and chances of winning are not dependent on the purchase of any of Nintendo’s products. To participate in the Contest, a person will require access to a Nintendo Switch console connected to the internet, a copy of the game Mario Kart 8 Deluxe and a Nintendo Account with an active Nintendo Switch Online membership.
- The Contest takes place on the following date:
- Date: 2023-08-16
- Time: 20:00-21:30 CEST
- The tournament is named “SC Nordics – Summer” and the code is "4263-3060-6123" and it can be found in the online tournament section of the game.
- During a tournament, participants compete with each other in races. For every race finished, the participant receives a set amount of points corresponding to their finishing position, up to 15 points for finishing first. The final ranking table shows the total points earned by each participant in their first 16 races, in order of most points earned.
- The participants finishing in 1st to 10th place receive 1000 My Nintendo Gold Points each. Participants finishing at 5th place or better will receive additional prizes (TBA). Additionally, participants who finish all 16 races will receive 50 Platinum points.
- The winners will be informed via the email address registered to their Nintendo Account for reception of emails from Nintendo, or in case of a winner using a child account, via the registered email address of the supervising Nintendo Account. The email to winners will be sent within seven days of the date entries close. In case of physical prizes, the winners must respond within five days of the date Nintendo sends such email notification by providing their first and last name and their full postal address using the method and format described in the email in order to confirm the win. If the 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. The promoter is not liable for technical issues or any other reason that prevents a winner from receiving, reading or responding to the email notification in time. Prizes will only be sent to addresses located in the Participating Countries. The shipping address country of a winner must match their Nintendo Account country/region setting at the time of participation in the Contest, or they may be disqualified by Nintendo.
- Prizes are non-transferable. There is no cash or other prize alternative. In the event of unforeseen circumstances, the promoter reserves the right to substitute any prize for an alternative of equal or greater value.
- Participation by means other than those described in these terms is not permitted. Legal recourse is excluded.
- Participants who cheat, manipulate or exploit bugs in any way in relation to their participation will be excluded from the Contest by the promoter.
- Prizes are intended for personal use. The Promoter does not approve of sales of products at excessive prices to profit of high demand or the exclusive or rare nature of a product. The promoter reserves the right to remove winners that sell or offer to sell their prize or part of the prize at an excessive price from future prize competitions without prior warning.
- 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 the promoter’s reasonable control and influence. No responsibility can be accepted for participation lost, delayed or corrupted, or due to computer error in transit. Participation using methods generated by a script, macro or the use of automated devices will be void.
- The winners’ first names, the first letter of their surnames, their nicknames and places of residence may be published on the official website of the promoter or official Facebook, Twitter or Instagram accounts or official YouTube channels and will be made available on written request to the promoter. The promoter may be required by applicable laws to disclose upon request the names of the winners to authorities and other interested parties.
- 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 the promoter, a statutory representative or vicarious agent of the promoter and for damage attributable to fraud, wilful or grossly negligent breach of duty on the part of the promoter, statutory representative or vicarious agent is in no way excluded or limited. The same applies for damage attributable to claims under the Product Liability Act or any guarantees given by the promoter.
- The liability of the 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 the promoter, a statutory representative or vicarious agent of the 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.
- The promoter reserves the right to verify 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.
- What Information We Collect and Process and For Which Purposes:
- a) To participate in the Contest, you need to provide your email address and in case of physical prizes your first and last name, your postal address and phone number. We collect and process your information to enable, organise 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 and phone number of the winners to dispatch the prizes. The legal basis for the processing referred to in this Section 1 a) is the performance and processing of the Contest (Art. 6 para. 1 (b) GDPR).
- c) 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).
Who Has Access to Information:
- a) In case you are winning a physical prize, we will share your name, postal address and phone number 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).
- b) 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.
- 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 periods – 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.
- Your rights under GDPR: In particular, but without limitation, you may have the following rights under applicable European data protection law:
- 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.