Terms & Conditions
To take part in the competition, you need an account with MOIA and must have completed at least one ride. Each person can only take part in the competition once. The chances of winning cannot be increased only by multiple rides in the promotion area.
1. GENERAL INFORMATION
MOIA GmbH, Alexanderufer 5, 10117 Berlin (hereinafter “MOIA”) is the organizer of this competition. By participating in this competition, the participant agrees to the conditions of participation. Participation in the competition is free of charge. The chances of winning are not increased by the purchase of MOIA services.
2. PROMOTION PERIOD
The competition begins on 12.06.2024 at 09:00 and ends on 14.07.2024 at 23:59 (hereinafter “Promotion Period”). MOIA reserves the right to extend or shorten the Promotion Period at its sole discretion.
3. ELIGIBILITY
Persons who are at least 18 years old at the time of participation, have unlimited legal capacity and are resident or permanently resident in Germany may take part in this competition. Not eligible to participate are
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the legal representatives or employees of MOIA,
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legal representatives or employees of companies/enterprises that are dependent on and/or affiliated with MOIA,
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Persons who are involved in the organization and/or implementation of the competition, in particular via agencies and other service companies, and
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Relatives (e.g. siblings, parents, children), fiancés, spouses, registered partners, adoptive parents, adoptive children, foster parents, foster children of the aforementioned persons.
4. PARTICIPATE IN THE RAFFLE
You can take part in the raffle by scanning the QR code on the MOIA in-vehicle screen and answering the associated online questionnaire.
5. EXCLUSION FROM PARTICIPATION
MOIA reserves the right to exclude the participant from the competition or to subsequently withdraw the prize if he/she has violated the conditions of participation or otherwise attempted to manipulate or influence the participation process and/or the competition as such. In particular, MOIA is authorized to exclude the participant from the competition or to subsequently withdraw the prize if one of the following reasons applies:
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There is no eligibility to participate in accordance with section 3.
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Participation takes place in violation of the rights of third parties (such as name, copyright, trademark rights).
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Participation takes place with false personal data or use of other people's data or via fake/alias/multiple accounts or competition generators.
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Content (such as images, photos, texts, graphics, symbols) in the social media profiles or other of the participant that does not correspond to the positive mission statement and/or corporate culture of MOIA and can therefore damage the reputation of MOIA, in particular content that violates legal prohibitions or is discriminatory or offensive or glorifies violence or is offensive.
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The participant disrupts or impairs the competition.
6. DETERMINATION AND NOTIFICATION OF THE WINNER(S)
15 winners will be selected at random from all eligible entries received during the promotion period. The winner(s) will be announced on 30.07.24. MOIA will notify the winner(s) by email and ask them to respond by providing a valid email address and a shipping address within Germany.
If the winner does not respond within 48 hours of being notified, the claim to the prize will be forfeited and a new winner will be chosen at random.
If a prize cannot be delivered due to incomplete or inaccurate data provided by the winner or due to non-collection, the claim to the prize will be forfeited without substitution.
7. PRIZE(S), PRIZE TRANSFER
The following prizes can be won:
10 x Smart Saver 50 for 30 days
5 x 300 € Hamburg culture voucher
If the advertised prize is no longer available, MOIA may award a prize of equal or greater value instead. The prize is not transferable or exchangeable. Cash payment is not possible.
Material prizes and vouchers in physical form (printout) will be sent to the address provided by the winner after notification of the prize. If the prize is a voucher that can be sent in non-physical form (e.g. voucher code), it will be sent by e-mail.
8. LIMITATION OF LIABILITY DURING THE RAFFLE
MOIA's liability shall be governed by the statutory provisions, unless otherwise stipulated in these Terms and Conditions of Participation.
MOIA shall be liable for damages, irrespective of the legal grounds, in cases of intent and gross negligence. In the event of simple negligence, MOIA shall only be liable for damages resulting from injury to life, limb or health and in the event of a breach of a material contractual obligation (this is an obligation whose fulfillment is essential for the proper execution of the raffleand on whose compliance the contractual partner regularly relies and may rely); in the latter case, however, MOIA's liability shall be limited to compensation for foreseeable, typically occurring damages.
Insofar as MOIA's liability is excluded or limited in this agreement, this also applies to the personal liability for damages of MOIA's employees, workers, staff, representatives and vicarious agents.
9. CHANGES TO THE RAFFLE
MOIA points out that the raffle may be terminated or changed due to external circumstances and constraints, without this giving rise to any claims by the participant against MOIA. This may be the case in particular if the proper execution of the raffle can no longer be guaranteed, for example in the event of technical problems or for legal reasons.
10. FINAL PROVISIONS
These conditions of participation, including the raffle mechanics, represent the final regulations for the raffle.
The law of the Federal Republic of Germany shall apply to the exclusion of the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods. Sentence 1 only applies to consumers (i.e. natural persons who conclude a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity) insofar as the choice of law does not undermine the protection of mandatory legal provisions of the country in which the consumer has their habitual residence.
Legal recourse is excluded with regard to the implementation of the raffle and the prize draw.
MOIA is not obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of Section 36 VSBG, nor does MIOA participate voluntarily.
Information on data protection
The protection of personal data in connection with the processing in the context of the implementation of the raffle is of particular concern to us.
11. General information on data processing
Who is responsible for data collection and processing?
The controller pursuant to Art. 4 (7) of the EU General Data Protection Regulation (GDPR) is MOIA GmbH, Alexanderufer 5, 10117 Berlin. If you have any questions about data protection, you can also contact the controller at privacy@moia.io.
What data do we collect and how and why do we process your data?
We collect and process your data solely for the purpose of correctly processing and running the raffle and sending out the prizes.
We process the following personal data to fulfill this purpose:
First name and surname,
Contact details (address, e-mail address)
Trip details
The processing of this data for the above-mentioned purpose is necessary for the performance of a contract with you and is carried out on the legal basis of Article 6(1)(b) GDPR.
Will data be passed on?
Winners' data will only be passed on to MOIA GmbH for the purpose of sending out the prizes.
We only store the data collected as part of the competition for as long as it is necessary to fulfill the purpose for which it was collected. Once the competition has ended and the prizes have been handed out, data will generally be deleted after 14 days as long as they are not required for notifying the winners.
You have the following rights with regard to the personal data concerning you, which you can assert against us by notifying us using the contact details provided:
Right of access (Art. 15 GDPR),
Right to rectification (Art. 16 GDPR) or erasure (Art. 17 GDPR),
Right to restriction of processing (Art. 18 GDPR),
Right to object to processing (Art. 21 GDPR),
Right to withdraw your consent (Art. 7 para. 3 GDPR),
Right to receive the data in a structured, commonly used, machine-readable format (“data portability”) and the right to transmit the data to another controller if the requirements of Art. 20 para. 1 lit. a, b GDPR are met (Art. 20 GDPR).