General terms and conditions of participation in the "Womanizer Starlet 2" product test
(Status: April 2020)
WOW Tech Europe GmbH, FRIEDENSTRASSE 91 / 91 a 10249 BERLIN, GERMANY, (HEREINAFTER REFERRED TO AS: “WOW Tech”) OFFERS APPLICANTS (HEREINAFTER REFERRED TO AS “APPLICANTS”) THE OPPORTUNITY TO APPLY TO TEST ITS “WOMANIZER STARLET 2“ PRODUCT (HEREINAFTER REFERRED TO AS THE “TEST”):
PARTICIPATION IN, AND IMPLEMENTATION OF, THE TEST SHALL BE IN ACCORDANCE WITH THE FOLLOWING PROVISIONS (HEREINAFTER REFERRED TO AS THE “TEST CONDITIONS”). THE TEST CONDITIONS SHALL BE DEEMED ACCEPTED BY THE APPLICANT UPON CONFIRMATION OF PARTICIPATION IN THE TEST BY WOW TECH, AT THE LATEST.
§ 1 TEST
(1) Participation in Wow Tech’s Test can only be within the time period stipulated at the beginning of the Test, and shall not be remunerated. The participation period for the Test (hereinafter referred to as the “Test Period”) can be ascertained directly from the landing page.
(2) The aim of the Test is to acquire information as to whether the participants (hereinafter referred to as the “Participants” or “Testers”) experience or notice a change or alleviation of menstrual pains (hereinafter referred to as “Menstrual Pains”) by virtue of the orgasms achieved through use of the “Womanizer Starlet 2” (hereinafter referred to as the “Test Product”).
(3) WOW Tech is not obliged to carry out the Test and can refuse to do so at any point in time without providing any reason.
§ 2 PARTICIPANTS
(1) Individuals aged 18 years and over are entitled to participate in the Test. Individuals under 18 years of age are excluded from participation.
(2) Participation in the Test is limited to Participants with a registered address which includes details of the country.
(3) The Participant shall be solely responsible for the accuracy of all data provided in relation to participation in the Test. All personal details must be true and accurate. Should this not be the case, the Participant may be excluded from the Test in accordance with § 3.
(4) Each Participant may only participate in the Test once. Participation on multiple occasions is not permitted. In the event that a Participant participates more than once, WOW Tech reserves the right to exclude the Participant from the Test in accordance with § 3.
§ 3 EXCLUSION FROM THE TEST
(1) Employees and relatives of Wow Tech and its affiliated businesses are excluded from the Test.
(2) WOW Tech reserves the right to exclude Participants from the Test, without providing a reason, if they fail to comply with the Test Conditions or interfere with or manipulate the conduct of the Test in any way, or try to do so, or attempt to influence the Test in any other improper way.
§ 4 CONDUCT OF THE TEST, RESULTS
(1) The Participants must apply for the Test by the specified application deadline. The application is made via the landing page, on the application form provided. In the application form, the Participants must provide details of their name, email address, place of residence (including country), postal address to which the Test Product is to be sent, age, gender, etc. By completing and submitting the application form, the Participant is declaring that she agrees to being contacted (in particular by email) by WOW Tech or such of WOW Tech’s partners as are referred to in this agreement (see § 6 paragraphs 4 and 5).
(2) After the application deadline, WOW Tech shall choose Testers based on various criteria, in particular the number of available Test Products. The number of Participants is limited to 1,000.
(3) Applicants who are chosen as Testers will be notified by WOW Tech by email.
(4) The Test Products will be delivered to the Participants by WOW Tech (or a third party instructed by WOW Tech) by courier, post or parcel service to the postal address provided by the Participant. A subsequent change to the postal address provided by the Tester is not permitted. Delivery of the Test Product shall be made free of charge.
(5) The Test Products are new, unused, and in their original packaging.
(6) Upon receipt of the Test Product, the Tester is obliged to test the Test Product over a period of three (3) months. The Test Product should preferably be used at least once per week. The Tester undertakes to report truthfully and comprehensively to WOW Tech on the results of the Test once a month by completing a short questionnaire, within 14 days of the end of each month at the latest. In addition, the Participant undertakes to complete a short questionnaire before and after the Test Period.
(7) Upon receipt of the Test Product, the Test Product becomes the property of the Tester. The Tester undertakes not to sell the Test Product.
(8) The right to receive the Test Product cannot be assigned.
(9) Any complaints in relation to the conduct of the Test must be made to WOW Tech in writing within 14 days of becoming aware of the basis of the complaint, and must make reference to the Participant’s participation in the Test. Complaints which are made late or orally using distance communication shall not be addressed.
§ 5 GRANT OF RIGHTS
(1) The Participant is responsible for the answers she provides in the questionnaires (text / information etc.) Rights of third parties, in particular, copyrights, trademark rights and the rights to one’s own image, must not be breached.
(2) The Participant hereby declares that she agrees to the use by WOW Tech of the information provided by the Participant for the purposes of the Product Test (text, information etc) in anonymised form on all websites of the business, and all further media (in particular, social media platforms such as Facebook, Twitter, Snapchat, Instagram etc.) for the purposes of communications and marketing, without limit as regards time or geographical area.
§ 6 DATA PROTECTION
(1) The submission of the application form by the Applicant does not give rise to a right to participate in the Test. The right to participate in the Test and to receive the Test Product first arises upon confirmation of the Participant’s participation in the Test by WOW Tech.
(2) WOW Tech collects, processes, uses and saves the data provided by the Participant upon application and provision of address (hereinafter referred to as “Application Data”) for the duration of the Test for the purposes of carrying out the Test. The Application Data shall not be used by WOW Tech for any other purposes without the express permission of the Participant.
(4) The Applicant consents to the provision of the Application Data by WOW Tech to its partner-companies: The Female Company GmbH, Torellstraße 7, 10243 Berlin, Germany und Lune Group Oy Ltd., Kopsamontie 138, FIN-35540 Juupajoki, Finland (hereinafter referred to as the “Partners”). The Application Data is provided to these Partners for the purposes of carrying out the Test. The legal basis is Article. 6 Para. 1 lit. a and b of the General Data Protection Regulation.
(5) In addition, the Applicant consents to the Application Data being provided to the Partners for the purposes of sending newsletters and of marketing measures. This serves to optimise the Test and to improve and expand the product- and service portfolio of the Partners for the Applicant. The legal basis is Article. 6 Para. 1 lit. a and f of the General Data Protection Regulation.
§ 7 REVOCATION
Prior to receipt of the acceptance confirmation from WOW Tech, the Participant is free any time, by way of a revocation sent to [email protected], to require the deletion of her Application Data and thereby to withdraw her application.
§ 8 LIABILITY
(1) WOW Tech shall be released from all obligations upon sending the Test Product, save insofar as any earlier point in time applies by virtue of this agreement.
(2) Rights arising from material defects and/or legal defects in the Test Products are excluded.
(3) WOW Tech shall only be obliged to pay compensation insofar as the loss is caused intentionally or by gross negligence. In the case of culpable injury to life, health or physical injury of a natural person, WOW Tech shall also be liable for simple negligence. In addition, WOW Tech shall be liable for simple negligence in the case of infringement of a cardinal obligation. Cardinal obligations are those whose fulfilment is essential for the proper execution of the Test and the achievement of the purpose of the contract and upon whose compliance a Participant may rely as a matter of course. The aforegoing limitation of liability applies in particular to losses which are caused by mistakes, delays or interruptions in the transfer of data, faults in the technical equipment or service, incorrect content, loss or deletion of data, viruses or in any other way in the use of the application. Liability arising under the German Product Liability Act remains unaffected.
§ 9 MISCELLANEOUS
(1) the laws of the Federal Republic of Germany (excluding the UN Convention on Contracts for the International Sale of Goods (CISG)) shall apply exclusively.
(2) If any of these provisions is or becomes invalid and/or unenforceable, the validity of the remaining terms and conditions of participation shall be unaffected.
(3) The place of jurisdiction is Berlin, insofar as agreement on jurisdiction is permitted. However, WOW Tech reserves the right to bring a claim against the Participant in her place of residence and before every other competent court.
(4) These Test Conditions can be changed at any time by WOW Tech without specific notice.
Berlin, April 2020