TERMS AND CONDITIONS  

MY NINTENDO STORE: THE LEGEND OF ZELDA: SKYWARD SWORD HD PRE-ORDER PRIZE DRAW 



1. These Terms and Conditions for My Nintendo Store “The Legend of Zelda: Skyward Sword HD” Pre-Order Prize Draw (“Contest”) held on the My Nintendo Store of the organizer Nintendo of Europe GmbH, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany (“Nintendo”) and referring to these Terms and Conditions in the Contest announcement.  

2. All individuals who are at least 16 years old and have their permanent residence in the United Kingdom are eligible to participate (“Participating Countries”). Participants under 18 years old must have the consent of their legal guardians to participate. Legal representatives and employees of the organizer, affiliated undertakings and undertakings commissioned by the organizer for the execution of the contest, and parties affiliated with them may not participate. 

3. Customers who have pre-ordered either The Legend of Zelda: Skyward Sword HD (physical or digital software), Nintendo Switch Joy-Con Controller Set - The Legend of Zelda: Skyward Sword HD Edition or Zelda & Loftwing amiibo on the My Nintendo Store before 23:59 on 15.07.2021 will automatically participate in to a prize draw. The number of qualifying items pre-ordered by a customer will equate to the same number of prize draw entries, with a maximum of 3 entries per customer available.  Any cancelled pre-orders will not count towards the prize draw. 

5. Eleven (11) winners will be drawn at random from all valid entrants and notified by email, to the address provided for the pre-order on the My Nintendo Store, by 30.07.2021. Regardless of their amount of entries (see Sec. 3 above), a participant can only be drawn as winner once. If a winner does not respond within 14 days, Nintendo reserves the right to award the prize to a substitute winner. 

6. One (1) winner will receive 1x Link on Loftwing Figurine from First4Figures. The other ten (10) winners will receive 1x figma Link Figurine from Good Smile. Both items are officially licenced by Nintendo. 

7. Participation by means other than those described in these Terms and Conditions is not permitted. Legal recourse is excluded. 

8. Prizes are non-transferable and will not be paid out in cash. Winners are not entitled to have the prize paid out in kind or to exchange the prize for a different item. The organizer reserves the right to give the winner an alternative prize of equivalent or higher value if an advertised prize is not available for any reason. 

9. All entries must be made directly by the person entering the competition and include a valid email address. Participants who cheat, manipulate, or exploit bugs in any way in relation to their participation will be excluded from the Contest by Nintendo. Entries made online using methods generated by a script, macro or the use of automated devices will be void. No responsibility can be accepted for entries lost, delayed or corrupted, or due to computer error in transit. 

10. The organizer reserves the right to discontinue, interrupt, suspend, postpone, or modify in a manner that is reasonable for the participants part or all of the Contest without prior notice if unforeseen circumstances beyond the organizer's control occur that prevent the planned execution of the Contest. Liability to participants, winners, or third parties in this regard is excluded. 

14. The first name and first letter of the last name, the residence winners can be published on the My Nintendo Store website, the Nintendo website as well as on the official Nintendo Facebook pages, official Nintendo Twitter and Instagram channels, and the official Nintendo YouTube channel. 

15. The organizer's liability for damages caused by injury to life, body, or health as a result of a negligent or intentional breach of duty by the organizer, or legal representatives or vicarious agents of the organizer, as well as for damages caused by an intentional or grossly negligent breach of duty or malice on the part of the organizer, or legal representatives or vicarious agents of the organizer, remains unaffected. The same is true of damages covered by the German Product Liability Act or by any guarantees offered by the organizer. 

For damages caused by an ordinary negligent breach of essential contractual duties of a legal representative or vicarious agent of the organizer and that do not concern life, health, or body or claims under the German Product Liability Act, the organizer's liability is limited to the amount of the foreseeable damages typical for the contract. Essential contractual duties are duties whose fulfillment makes holding the Contest according to the rules possible in the first place and whose fulfillment participants may routinely trust in. 

The organizer is not liable for damages not covered by the two paragraphs above, regardless of the legal basis for such. 

16. These Terms and Conditions are governed by German law. All disputes related to this Contest are subject to the sole jurisdiction of the courts of the place where the participant in dispute with the organizer has his or her residence. 

17. The participants consent to these Terms and Conditions by participating in the Contest.  Nintendo may be required by applicable laws to disclose upon request the names of the winners to authorities and other interested parties. 

 

PRIVACY POLICY  

This Privacy Policy applies to participation in the My Nintendo Store “The Legend of Zelda: Skyward Sword HD” Pre-Order Prize Draw (“Contest”) of Nintendo of Europe GmbH, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany ("Nintendo," "we," or "us") held in relation to the My Nintendo Store and to the collection and processing of personal data of the contest participants by Nintendo as the organizer of such contests.  

For the purposes of this Privacy Policy, references to “GDPR” should be read as references to the EU General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016) and if you are a UK resident to the UK General Data Protection Regulation (“UK GDPR”). 

Nintendo is the controller as defined by the General Data Protection Regulation (Regulation (EU) 2016/679: "GDPR") of the personal data that Nintendo, as the organizer of the contest, collects from participants and processes.  

1. What data we collect and process and for what processing purposes 

a) For you to participate in the contest, we will collect your name, the email address you used in the My Nintendo Store and the items you pre-ordered from the My Nintendo Store. This data is collected and processed to organize and hold the contest. The processing is based on a legitimate interest of Nintendo (Art. 6 (1) (f) GDPR). The legitimate interest is to provide marketing for the My Nintendo Store and a benefit for customers pre-ordering in the My Nintendo Store. You have the right to object to this form of data processing at any time for reasons specific to your situation. To exercise this right, you can contact us at any time using the contact information provided in Clause 5 of this Data Privacy Policy 

b) If you win, we need your postal address and may need your age (to determine whether you are eligible to participate). This data is collected and processed to send the prizes. The legal basis for the processing is the execution of the Contest (Art. 6 (1) (b) GDPR). 

c) The first name and the first letter of the last name and the residence of winners may be published on the Nintendo website, My Nintendo Store website or on the official Nintendo Facebook page, official Nintendo Twitter page, official Nintendo Instagram page, and official Nintendo YouTube channel. In this case, processing is based on a legitimate interest of Nintendo (Art. 6 (1) (f) GDPR). The legitimate interest is specifically to facilitate the greatest possible transparency in regard to the award of prizes. You have the right to object to this form of data processing at any time for reasons specific to your situation. To exercise this right, you can contact us at any time using the contact information provided in Clause 5 of this Data Privacy Policy. 

d) If you send an email or another message to Nintendo, Nintendo uses these messages to process your questions and respond to your concerns. The legal basis for this processing is the provision of the services you requested (Art. 6 (1) (b) GDPR). 

2. Disclosure of your personal data to third parties 

a) In case you are winning, we will share your name and postal address with a 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 accordance with the applicable data privacy regulations, Nintendo may disclose your personal data to external processors who act on behalf of Nintendo and render services in relation to the contest. If the registered office of these processors is located outside the European Union or the European Economic Area, then either it is located in third countries for which an adequacy decision of the European Commission exists or an adequate level of protection is guaranteed by the standard data protection clauses issued by the European Commission that were agreed on by Nintendo and the external processor. 

3. Duration of storage 

Nintendo stores your personal data only as long as needed to achieve the goals of the contest, or – if statutory retention periods longer than this exist – for the duration of retention stipulated by law. After this, your personal data is deleted. In particular, if you exercise your right to object to the processing of your data, we will immediately delete your personal data that we are processing for the purposes you objected to as long as no other legal basis for the processing and storage of this data exists and no statutory retention periods apply. 

4. Your rights under the GDPR 

You may have the following rights under the GDPR: 

• Right to information: You have the right to request information at any time about whether Nintendo is processing your personal data and, if so, what this personal data is. To exercise this right, you can contact us at any time using the contact information provided in Clause 5 of this Data Privacy Policy. 

• Right to the correction of your personal data: If Nintendo processes your personal data, Nintendo will endeavor to use suitable measures to ensure that your personal data is correct and up-to-date for the purposes for which it was collected. If your personal data is incorrect or incomplete, you can request correction of this data. To exercise this right, you can contact us at any time using the contact information provided in Clause 5 of this Data Privacy Policy. 

• Right to deletion or limitation of processing: You may have the right to request the deletion of your personal data or to limit processing of your personal data. To exercise this right, you can contact us at any time using the contact information provided in Clause 5 of this Data Privacy Policy. 

• Right to data portability: You may have the right to receive the personal data related to you that you have provided to Nintendo in a structured, commonly used, and machine-readable format or to transmit this data to another controller. To exercise this right, you can contact us at any time using the contact information provided in Clause 5 of this Data Privacy Policy. 

Right to object: You have the right to object to the processing of your personal data, as explained in further detail in this Data Privacy Policy. 

• Right to file a complaint with a supervisory authority: You have the right to file a complaint with a supervisory authority within the European Union. You may contact the Hessian Data Protection Officer. 

5. Contact data and Data Protection Officer 

If you have questions about this Data Privacy Policy or about the processing of your personal data by Nintendo or if you wish to exercise your rights under the GDPR, you can contact Nintendo at any time: By mail to Nintendo of Europe GmbH, Attn. Legal Department, Golsteinstrasse 235, 60528 Frankfurt, Germany, or via our contact form available under nintendo-europe.com/contact. 

You can also contact Nintendo's Data Protection Officer at any time: By email to dataprotectionofficer@nintendo.de or by mail to Nintendo of Europe GmbH, Attn.: Legal Department, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany.  

Please note that although our main office is based in Frankfurt am Main, Germany, we also maintain a registered branch in the United Kingdom at: Nintendo UK, The Quadrant, 55-57 High Street, Windsor, SL4 1LP.