Conditions for participating in the Berlin Tourismus & Kongress GmbH (hereinafter “visitBerlin”) giveaway incl. data privacy statements

Conditions for participating in the Berlin Tourismus & Kongress GmbH (hereinafter “visitBerlin”) giveaway incl. data privacy statements

Participation in the giveaway is solely possible in accordance with the conditions listed herein. By registering, the participant explicitly accepts these conditions.

The organiser (Berlin Tourismus & Kongress GmbH, Schöneberger Straße 15, 10963 Berlin) reserves the right to exclude participants from the giveaway in the event of a breach of these conditions.

1. Eligible participants / participation

Persons are only allowed to register themselves in person for the giveaway. Only natural persons of age with a permanent residence in the European Union, Switzerland or the United Kingdom are eligible. Employees of visitBerlin and its affiliates or giveaway partners are not eligible. This also applies to relatives (§ 15 Revenue Code (Abgabenordnung)) of these persons as well as these persons’ civil partners.

In order to be eligible, applicants must subscribe to the Berlin News newsletter and receive confirmation of their registration within the participation period. The applicant will receive an e-mail requesting their consent after signing up. Only once their consent has been granted will they be eligible to participate in the giveaway. The applicant provides his/her data in return for participation. The participant thereby consents to their data potentially being used for marketing purposes, including receipt of the newsletter. Further marketing notifications will solely be sent for purposes of this newsletter. Participation in the giveaway is voluntary, and participants can revoke their consent to the use of their data at any time by following the instructions in the data privacy guidelines of the giveaway or by contacting us directly. If the participant signed up for the newsletter before participating, no further confirmation e-mails will be sent for technical reasons, and participation in the giveaway is automatically valid.

We process participants‘ personal data in order to conduct the giveaway. This processing is required to render this service pursuant to Art. 6 para. 1 b) GDPR.

Only the e-mail address that the organiser will send the newsletter to is also required so that the organiser can notify the winner. Subscriptions to the Berlin News newsletter allow the organiser to refinance these giveaways. Additional personal data will only be requested if the participant is determined to be the winner. In this case, only those personal data explicitly required to process the winnings will be requested. These are the winner’s first and last name, date of birth, home address and e-mail address.

Participation in the giveaway is possible until 1 December 2024 at 23:59. Participation after this deadline is not possible. The participant bears the responsibility for registering on time. Furthermore, the organiser cannot be made liable for any technical disruptions, such as outages in the telephone network or servers, that prevent timely participation.

2. Data protection

In accordance with Art. 6 para. 1 a)-c) GDPR, we are authorised to retrieve, store and forward personal data if the data subject has consented to the processing of their data or to fulfil a contract or legal obligation.

The following data are obtained and processed during registration:

• E-mail address

In the event that the participant wins, the following additional data are obtained and processed:

• First and last name
• Date of birth
• Address

These data are forwarded to the giveaway partners and the respective hotel to process the winnings, and are deleted after the trip is over, pending any legal retention requirements for further storage of the data.

Your personal data are processed as required for the reasonable execution of the giveaway. Data processing is permitted for the specified purposes according to Art. 6 para. 1 sentence 1 b) GDPR. Your data will not be forwarded to unauthorised third parties without your explicit consent. You always have the option to request your stored personal data; to request information on them; to have them altered, corrected or deleted; to request that the processing thereof be limited; to object to the processing thereof; to have them forwarded; and to file a complaint about the processing with a supervisory authority (all rights according to Art. 15 to 20 GDPR). The data will be deleted when they are no longer required to fulfil the contract or if their storage is not lawful. If your personal data are processed on the basis of justified interests (Art. 6 para. 1 sentence 1 f) GDPR), you have the right (Art. 21 GDPR) to appeal the processing of your personal data if you have particular personal reasons for your objection. You can exercise your right to object by sending an email to datenschutz@visitberlin.de or by contacting us at the address below. The participant can object to the use or processing of their data for marketing or market/opinion research at any time free of charge by contacting info@visitberlin.de.

Your rights as the subject of the data processing:

To request information about your personal data that we process (Art. 15 GDPR). In particular, you can request information on the purposes of the processing; the type of personal data; the types of recipients to whom your data have been or will be disclosed; the planned storage period; the existence of a right to correction, deletion, limitation of processing or objection; the existence of a right to file a complaint; the source of your data if we did not retrieve them ourselves; the existence of automated decision-making including profiling; and any pertinent information on the details thereof;

• to request the immediate correction or completion of inaccurate or incomplete personal data that we store on you (Art. 16 GDPR);
• to request the deletion of personal data that we store on you, provided the processing thereof is not required to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims (Art. 17 GDPR);
• to request that the processing of your personal data be limited, provided you contest the accuracy of the data, or the processing is unlawful and you object to the deletion thereof, and we no longer require the data but you require them to assert, exercise or defend legal claims (Art. 18 GDPR) or you have objected to the processing of the data (Art. 21 GDPR);
• to receive your personal data that you have provided to us in a structured, common and machine-readable format, or to request that the data be forwarded to another data controller (Art. 20 GDPR);
• to revoke your consent that you previously provided to us (Art. 7 para. 3 GDPR). This will result in us being unable to continue with the data processing based on this consent; and
• to file a complaint with a supervisory authority (Art. 77 GDPR). The contact information for the supervisory authority responsible for us can be found below.

Data controller

The data controller according to Art. 4 no. 7 GDPR is Berlin Tourismus & Kongress GmbH (visitBerlin), Schöneberger Straße 15, 10963 Berlin. Registered with the Amtsgericht Berlin-Charlottenburg under HRB 48652 B, executive directors: Burkhard Kieker and Sabine Wendt.

Contact information for the data protection officer:

TÜV Rheinland i-sec GmbH
Oliver Gröger
Alboinstraße 56
12103 Berlin
datenschutz@visitBerlin.de

You can also file a complaint with a supervisory authority:
Berliner Beauftragte für Datenschutz und Informationsfreiheit, Meike Kamp
Alt-Moabit 59-61
10555 Berlin
Tel.: +49 (0)30 13889-0
Fax: +49 (0)30 2155050
E-mail: mailbox@datenschutz-berlin.de

You can find further information in our Privacy Statement, which we will provide you with immediately before sending your participation form.

3. Providing the winnings / determining the winner

Two winners will be chosen. The winners will be drawn from all participants.

The winners will be notified and the winnings provided starting on 2 December 2024, via the e-mail address provided in the giveaway form.

The following prizes will be awarded:

• Two nights at the JW Marriott Hotel Berlin for two people including a delicious breakfast
• A weekend stay at the Lulu Guldsmeden Hotel for two people including organic breakfast

The winner and their travel companion are responsible for arranging and paying for any necessary travel to and from the destination.

The winnings will not be paid out in cash, nor can they be exchanged. This also applies if specific services included in the winnings cannot be utilised. The claim to the winnings is non-transferrable.

The winner must confirm acceptance of the winnings within 7 days upon receipt of the prize notification via e-mail, and provide their first and last name, postal address and date of birth. These data are solely required to process the winnings and will then be deleted, pending any commercial or fiscal retention obligations. If the winner does not respond within the 7-day period, their claim to the winnings is forfeit and a new winner will be determined as described above. This process will be repeated twice. If no winner accepts the winnings after these three attempts, the winnings will be forfeit as a whole and no new winner will be determined.

The winner is responsible for naming, selecting and notifying their chosen travel companion. The participant must ensure that this person acknowledges and consents to the contents of these conditions for participation. This travel companion must be informed of their rights to the deletion or blocking of their personal data according to section 2 of these conditions.

4. Liability

All statements made by the organiser, in particular with regard to the publication of the winner’s name, etc., are made without guarantee. The organiser is solely liable for damages pertaining to the drawing which were caused as a result of malice or gross negligence by the organiser, its employees or its proxies, as well as for minor negligence only in the event of a breach of cardinal obligations and the violation of legally protected goods such as life, body and/or health. The liability limitation particularly applies to damages stemming from errors, delays or disruptions in the forwarding of data, etc.; in the event of disruptions in the service or technical systems involved; inaccurate contents; loss or deletion of data; and viruses. There are no warranty claims against the organiser.

Winnings provided by cooperation partners or prize sponsors are not issued in the name of visitBerlin, but rather in the name of the prize sponsors. The organiser is not liable for legal and/or material defects in the winnings, nor for the violation of legally protected goods such as life, body and/or health, unless the organiser itself is the travel organiser for the respective winnings. visitBerlin only acts as an agent for the hotel accommodation in this competition and does not act as a tour operator. All services and conditions of the prize are provided exclusively by the respective prize sponsor or the hotel.

The terms and conditions of the hotel for overnight stays apply.

5. Newsletter

Participants must sign up for the newsletter in order to participate in the giveaway. This allows the organiser to refinance the giveaway. The participant’s personal data that are provided when signing up for the newsletter are solely used to send the newsletter, and will be stored until the recipient unsubscribes. The recipient can unsubscribe at any time via the respective link in the footnote of the newsletter, or by sending an informal written request to news@visitberlin.de. Further information on this topic and on the data privacy regulations can be found in the updated legal information on the giveaway organiser’s website.

6. Early termination of the giveaway

The organiser reserves the right to suspend or cancel the giveaway, and to alter the components of the winnings due to unforeseen circumstances and without notice. In particular, the organiser can cancel the giveaway due to errors in the software or hardware, and/or due to technical and/or legal reasons that influence or prevent the regular and proper execution of the contest.

7. Miscellaneous

The giveaways are solely subject to the laws of the Federal Republic of Germany. Berlin Tourismus & Kongress GmbH solely uses the information provided to determine the winner and to execute/process the winnings.

Should individual or multiple clauses herein be or become partially or entirely void, infeasible or invalid, the remaining conditions remain in effect. Any such clauses or conditions shall respectively be replaced by one that is valid. This applies accordingly in the event of a gap in the regulations.

Organiser of the giveaway:

Berlin Tourismus & Kongress GmbH (visitBerlin)

Schöneberger Straße 15

10963 Berlin

Handelsregister Berlin: HRB 48652

Version: October 2024

* For purposes of legibility, the gender-neutral pronoun “they” is used in this document for persons and parties of unspecified gender.