Privacy Policy

Freaks 4U Gaming GmbH
An der Spreeschanze 10
13599 Berlin
Germany

Authorized to represent
Michael Haenisch, Chief Executive Officer

Phone: +49 30 / 330 9666 0
Fax: +49 30 / 330 9666 99
Mail: info@freaks4u.de

Registration
District Court Berlin-Charlottenburg
Commercial Register Number: HRB 132556 B
VAT-ID No: DE276224786

Responsibility for the content
Michael Haenisch

Legal advice provided by
Anwaltskanzlei Dramburg (Berlin-based law office)
Schlüterstraße 37
10629 Berlin
Germany
Mail: kontakt@medienrechtberlin.de
www.medienrechtberlin.de

Representee for youth protection:
Unterhaltungssoftware Selbstkontrolle (USK)
Torstr. 6
10119 Berlin
Germany
www.usk.de | Contact Formular (DE)

Legal notice
We regularly verify and update the information on our website. Despite this high diligence it is possible that some information may have changed. We accept no responsibility, liability nor provides any guarantee that the information is always current, correct and/or complete.

The same also applies to all other websites referred to via hyperlinks. We are not responsible for the content of those websites that are linked in such a way to our website. Furthermore, we are not responsible for content on our websites which is created by website users. In addition, we reserve the right to implement changes or amendments to the information provided.

The content and structure of our website are copyrighted. Any reproduction of information or data, in particular the use of texts, text parts or images requires the prior written consent from us.

Our imprint applies to the following web entities:

Freaks 4U Gaming Website (http://www.freaks4u.de/home)
Freaks 4U Gaming @ Xing (https://www.xing.com/companies/freaks4ugaminggmbh)
Freaks 4U Gaming @ LinkedIn (https://www.linkedin.com/company/freaks-4u-gaming-gmbh)
Freaks 4U Gaming @ Facebook (https://www.facebook.com/freaks4u)
Freaks 4U Gaming @ Twitter (https://twitter.com/freaks4ugaming)

This privacy policy from Freaks 4U Gaming GmbH, An der Spreeschanze 10, 13599 Berlin, Germany, (hereinafter referred to as "we", "us" or "Freaks 4U Gaming") informs you of the kind, the scope and the purpose, as well as your rights concerning your data collected and processed by us on and in relation to our websites.

Freaks 4U Gaming GmbH limits collection and use of the data of participants (such as name, e-mail, country,...) to the extent legally permitted and consented to by participants. After the contest is finished, Freaks 4U Gaming GmbH will delete each participant’s data, except the data of the winners.

Wherever such requests are notified in written or text form, Freaks 4U Gaming GmbH shall offer to participants at any time to inspect upon previous notice what personal data is stored by Freaks 4U Gaming GmbH. Participants may correct this, request its deletion, or revoke their consent to data usage.

Responsible for data processing

Freaks 4U Gaming GmbH
An der Spreeschanze 10
13599 Berlin
Germany
Phone: +49 30 / 330 96 66 – 0
E-Mail: info@freaks4u.de
Represented by Michael Haenisch

Contact details of the data protection officer
Freaks 4U Gaming GmbH
An der Spreeschanze 10
13599 Berlin
E-Mail: datenschutz@freaks4u.de

Purposes and legal basis for the processing

We process your personal data in consideration of the EU General Data Protection Regulation (GDPR) as well as the German Federal Data Protection Act (BDSG) and specific regulations (special laws) with relevant provisions related to data protection.

1. Logfiles & Cookies

During every visit of websites information about IP address, referring URL, date/time, browser version and operating system is stored in the webservers log files due to technical reasons. Further so-called cookies may partially be stored temporary on your local computer. Cookies are small text files that are temporarily stored on your hard drive and contain information about your visit to our web-sites. This data is needed only due to technical reasons and in no way, it will be associated with any individual person. An evaluation is done only in the form of anonymous statistics.

2. Personal Data required for participation

During sign-up of the giveaway, we ask all participants to submit the following data to enable the execution of the contest and the logistics:

• Full name
• Age
• Address
• Email
• Link to their video submission
• Link to one social profile of their choice (i.e. Facebook, Twitter or Instagram)

3. Google Analytics

Our Website uses Google Analytics, a web analysis service of Google Inc. Google Analytics uses cookies. The information generated by the cookie about the Users use of the Website is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on our website, Google will shorten the Users IP address within Member States of the European Union or in other contracting states of the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On our behalf, Google will use this information to evaluate the User’s use of the Website, to compile reports on website activities and to provide the website's operator with other services relating to the website and internet use. The IP address transmitted by the Users browser in the context of Google Analytics is not merged with other Google data. On our Website, we use Google Analytics with the extension "_anonymizeIp()". This arranges for IP addresses to be further processed in abridged form, a direct relation to a person can be ruled out.

We use Google Analytics exclusively with the consent of the User. The User may revoke a consent once given by preventing the storage of cookies by setting his browser software accordingly; however, we point out to the User, that in this case, the User may not be able to use all functions of our website in full; downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en or clicking this link to prevent future collection by Google Analytics on our website. An opt-out cookie is stored in the User's browser. However, the User should note that he must activate the opt-out cookie in every browser he uses on all end devices and must also reactivate it if necessary, once all cookies in a browser have been deleted.

For more information on Google Analytics' Terms of Use and Privacy Policy, please visit https://www.google.com/analytics/terms/us.html or https://policies.google.com/?hl=us.

Categories of recipients of personal data

Service Contractors

Within the scope of compliance of statutory and conventionary duties we partly use external service contractors. We use these contractors for the following services:

1. Integration of content from external providers

In our websites we have integrated browser plug-ins and links of social networks and providers of video content (e.g. Facebook, Twitter, YouTube, etc.). These services are operated by third parties that have their headquarters partially outside the EU or the EEA. This browser plug-ins and links are identified by logos or other notes at our websites. In the context of the use of this content a connection between your computer (browser) and the servers of the provider is established. This will forward the information about your visit to our website together with your IP address to the provider. This information may then be assigned by the provider to your existing account at this provider. Especially true if you are logged in to your account at those services at the time of the usage of the plug-in at our website. For the information on the purpose and scope of data collection and procession by the service providers, as well as your rights in this respect and settings options for protecting your privacy please visit the service provider privacy policy.

You can prevent the transmission of data. Please refer to the point "protecting your privacy" in this policy.

Details about the different external providers:

The following links lead you to the Data and Privacy Policies of the different external providers:

• YouTube: With the YouTube-Player we integrate our own videos of our YouTube channels or videos of third parties on our websites. Go to the Privacy & Terms of Google
• Twitter: With the Tweet-Plugin you can see Twitter content on our websites and share content on Twitter. Go to the Privacy Policy of Twitter
• Twitch: With the Twitch-Player we integrate our on live streams and videos of our Twitch channels or videos of third parties on our websites. Go to the Privacy Policy of Twitch

2. Disclosure to third parties

We will only disclose personal, aggregated information to third parties when this is legally allowed or when you agree. If any third party is organizing and/or managing any promotion, competition, survey or poll run through our websites on our behalf, we may disclose your information to that third party to enable them to do so but they will be prohibited from using your information for any other purpose, unless you have given them specific consent. Participants grant Freaks 4U Gaming GmbH the right to forward their data to AMD and relevant cooperation partners in order to assure delivery of the prize.

Additional recipients

We can disclose your personal data to additional recipients like authorities due to our regulatory obligation to inform.

Deletion of data

If your data is no longer necessary for the above-mentioned purposes including settlement, for tax purposes or other legal reasons, it will be deleted.

Your user rights

If you have any concern about privacy at our website, apply your rights to request a copy of the personal information we hold about you and want to have any inaccuracies corrected or require the deletion of this data, you can contact us at any time.

Privacy Protection

The following advice might help you to prevent the transfer and storage of data for statistical or technical reasons. Please note that you may not be able to use all features of the services offered on the giveaway website.

• You can edit or completely prevent the storage of cookies in the settings of your browser
• You can generally object the usage of cookies used for online marketing purposes in a variety of services, especially in the case of tracking, via the EU website https://www.youronlinechoices.com/ or the US website https://www.aboutads.info/choices
• The storage of your IP address can be prevented by using an anonymizer (service)
• The usage of services like Google Analytics, Facebook or Twitter can be prevented through third-party browser add-ons
• Third-party ads and ad-plugins (e.g. video ads) can also be prevented by using a third -party tool or add-on

Right of complaint

You have the right to file a complaint with the above-mentioned data protection officer or a data protection regulatory authority. The data protection regulatory authority in charge for us is:

Berliner Beauftragte für Datenschutz und Informationsfreiheit
Friedrichstr. 219
10969 Berlin
Visitor entrance: Puttkamerstr. 16-18

Tel.: +49 30 13889-0
Fax: +49 30 2155050
E-Mail: mailbox@datenschutz-berlin.de

Data transfer to a third country

We may transfer any personal data we hold to a country outside the EEA, provided that the country to which the personal data is transferred ensures an adequate level of protection for the data subject’s rights and freedoms.

Personal data we hold may also be processed by staff operating outside the EEA who work for us or for one or more of our suppliers. Such employees may be engaged in, among other things, the fulfilment of contracts with the data subject, the processing of payment details and the provision of support services.

This contest is administered by Freaks 4U Gaming GmbH, An der Spreeschanze 10, 13599 Berlin, Germany, (hereinafter „Freaks 4U“).

The contest takes place in the Federal Republic of Germany. Therefore, the laws of the Federal Republic of Germany exclusively apply to this contest regardless of the location from which the participant takes part in this contest.

Advanced Micro Devices Inc., 1 AMD Place, PO Box 3453 Sunnyvale, CA 94088-3453, USA ("AMD") does provide a prize for this contest but does not otherwise sponsor or administer this contest.

Void where prohibited.

1. Eligibility of Participants

1. Participants must be at least 18 years of age.
2. Employees of Freaks 4U and AMD and their relatives are excluded from participation in the contest.
3. Contest is only open to residents of: Canada (excluding Quebec), Denmark, Finland, France, Germany, South Korea, Sweden, United Kingdom, and United States.
4. Freaks 4U reserves the right upon its sole discretion to exclude participants on valid grounds, such as, but not limited to
   • violation of the rules of this contest
   • manipulation of the technical process or administration of this contest
   • undue conduct, or
   • false or misleading statements regarding the participation in this contest.

2. Purchase requirements

There is no requirement for a purchase of any good or service offered by Freaks 4U and/or AMD or any third company affiliated to either of the before mentioned and/or any of their business partners. Purchase of any such good or service does not increase the participant´s chance in this contest. Likewise, registration for the AMD-newsletter is neither required to take part in the contest, nor will it enhance the participants´ chances to win.

3. Contest period

1. Stage one entry phase will start on the 29th of May at 4PM CET and will end on the 19th of June at 23:59PM CET.
2. Stage one public voting phase will start on the 29th of May at 4PM CET and will end on the 19th of June at 23:59PM CET.
3. Stage two jury judgement phase will start on 19th of June at 4PM CET and will end on the 26th of June at 23:59PM CET.
4. Stage three public and jury voting phase will start on the 26th of June at 4PM CET and will end on the 10th of July at 3:59PM CET.

4. Procedure of the contest – (05/01/2019-06/24/2019)

The contest consists of three stages. Stage one consists of one entry and one voting phase. All the submissions will be publicly displayed on amdryzenchampion.com, where the public can upvote the submission (for more details see 3. d.). Any submission that receives 75 upvotes will qualify for stage two. Stage two contains a jury judgment phase which is not public. In stage three, there is a voting phase, where the public choses together with the jury, who becomes the Ryzen champion. The votes of the public determine 50% of the final votes, the other 50% are determined by the jury chosen by Freaks4U.

1. The contest consists of three stages. In total each participant has to upload one video of themselves playing Tom Clancy’s the Division 2. For more guidelines on the eligibility of your video submission please see 5.
2. After the elapse of the entry phase no further uploads will be accepted. To submit a video, they must upload it to youtube.com or twitch.tv and submit the link to the video within the form on amdryzenchampion.com.
3. The video should be between 2 and 10 minutes long and must contain English language only.
4. In the first public voting stage, participants are asked to login to Twitch or YouTube. To qualify to stage 2 the participant must gather 75 upvotes for this submission.
5. During the first voting phase, participants and members of the public can upvote for any of the eligible videos. To be able to vote, people have to login with a social account of their choice. The available social login platforms are Facebook, Twitter and Twitch. In the second voting phase in stage three, only one vote per voter is accepted. After the elapse of the voting phase, no further votes will be accepted. Votes generated through fraud will be excluded from the counter.
6. A jury chosen by Freaks4U will then elect three participants to move to the final (“the Finalists”) by honoring the most entertaining videos out of all the eligible submissions for stage two. All submissions will be judged on the following criteria:
   1. Entertainment (70%)
   2. Storytelling (20%)
   3. Production value (10%)
7. Each Finalist will then move on to stage three. The jury´s decision is final. There is no recourse to any court.
8. The jury will also assess whether participants are publicizing racist, sexist or otherwise offensive expressions or content on their social media channels, which will be subject to disqualification.
9. In the third stage, each finalist is again publicly displayed on amdryzenchampion.com.
   1. The public can vote for their one favorite submission only in stage three. Again, only one vote per social login is accepted.
   2. The finalists will also be judged by a jury that consists of TritanArmy, NothingButSkillz and LiKe BuTTeR. They will each pick their one favorite based on the categories stated in F.
   3. The votes of the public determine 50% of the final votes, the other 50% are determined by the jury chosen by Freaks4U. The jury´s decision is final. There is no recourse to any court.
10. There will be one (1) ultimate winner of stage three (“Ultimate Winner”).
11. The Finalists will be contacted between the 19th of June and the 26th of June
12. The Ultimate Winner will be contacted between 10th of July and 17th of July.
13. The Finalists and the Ultimate Winner will be informed by Freaks 4U to the e-mail-address under which they registered for the contest. They are obliged to respond to the notification e-mail within seven days. A nominated Finalist may be required to provide proof of being the owner of the winning video. He / she is also required to participate on a call with a Freaks 4U staff member. If a Finalist or the Ultimate Winner fails to respond timely, Freaks 4U reserves the right to disqualify him/her and award the participant with the second highest vote as Finalist or Ultimate Winner.
14. Each participant agrees that his video can be publicly displayed on the contest website and that in case he/she will be a winner, his/her name may be published by Freaks 4U and by AMD as well to the press as to any of AMD´s social channels.

5. Eligibility of entries

To be eligible an entry must comply with the following content Guidelines and Restrictions (the “Guidelines”). Entries that do not fully comply with these Guidelines shall be disqualified from the contest:

1. An entry may not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement. Any content that appears in the entry must be entirely original, created and performed solely by the participant, or be in the public domain. Use of any content that is not original or in the public domain may result in disqualification of the entry, in Freak4U’s sole discretion;
2. An entry may not in any way disparage AMD, any of its products or services, the contest, or any person or party affiliated with the contest, or alternatively appear to promote any direct competitor of AMD;
3. An entry may not contain text or imagery that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous (as determined by Freaks 4U in its sole discretion);
4. An entry may not include threats (expressed or implied) to any person, place, business, or group;
5. An entry may not invade privacy rights or any other rights of any person, business, or group, and an entry may not name or depict any third party without his/her permission;
6. An entry may not contain text or imagery that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
7. An entry may not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Entry is created.

The Guidelines apply to the content of the video as well as to its title and its description.

Freaks 4U reserves the right to disallow a video submission access to the contest, without offering any indication of reasons, and to remove videos already approved in its sole discretion. Neither Freaks 4U nor AMD take any responsibility for the contents of the entries.

Upon participating participants guaranty fulfillment of the Guidelines. Participants agree to release and hold harmless Freaks 4U and AMD from any third-party-claim arising out of any violation of the Guidelines by participant.

6. Prizes

1. The ultimate winner will receive a PC powered by a Ryzen™ processor and Radeon™ graphics with an approximate retail value of US-$ 3,500.
2. The prize has to be accepted as awarded and may not be transferred, substituted or redeemed for cash or otherwise. If a prize, or any portion thereof, cannot be awarded for any reason, Freaks 4U reserves the right to substitute prize with another prize of equal or greater value.
3. It might take up to 10 weeks to ship the prize to the winner.

7. Copyright

1. Subject to Section 7. a. as applicable for Finalists, each participant grants Freaks 4U and their legal representatives as well as jury members acting in accordance with Section 3, for the period of the contest until the end of stage two the limited, worldwide, free-of-charge, non-exclusive right to reproduce, disseminate, edit in full or in part (especially with regard to digitization or encryption of the contributions) including, but not limited to, audio and / or video and / or other illustrations, in all known media and technical usage forms, solely for the purpose of conducting the contest; the foregoing rights shall continue for such reasonable period as is required for Freaks 4U to delete the contributions from Freaks 4U’s systems as well as ensuring the same has occurred with any jury members.
2. In addition to the rights granted under Section 7. a., each Finalist selected pursuant to Section 6 grants to Freaks 4U, especially AMD, the irrevocable, unlimited, worldwide, free-of-charge, non-exclusive and transferable, freely sub-licensable (including especially to AMD and its affiliates) right to reproduce, disseminate, adapt, edit in full or in part (especially with regard to digitization or encryption of the video submission. (Including, but not limited to, audio and / or video and / or other illustrations), in all known media and technical usage forms, as well as with regard to protective rights also in all unknown media and technical usage forms for any purpose commercial or non-commercial, in particular worldwide for advertising, promotion, sales and merchandising purposes as well as the name, the picture and the photo of each participant in this context free of charge in its sole discretion. In as far as copyrights are concerned, the conditions customary in the industry must be offered by the participant for still unknown uses.

8. Liability

1. Subject to Section 8. d. and e. neither Freaks 4U nor AMD are responsible for (1) any incorrect or inaccurate information, whether caused by participant, printing errors or omission or by any of the equipment of programming associated with or utilized in the contest; (2) technical failures of any kind including, but not limited to malfunctions, interruptions or disconnections in phone-lines or network, hardware or software; (3) unauthorized human intervention in any part of the uploading process; (4) technical or human error which may occur in the administration of the contest or the processing of videos, or (5) any damage to property which may be caused directly or indirectly, in whole or in part from participants participation in the contest. If for any reason an participant´s video is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, participant´s sole remedy is another video in the contest provided that if it is not possible to submit another video due to discontinuance of the contest, or any part of it, for any reason, Freaks 4U, at its discretion, may elect to hold a random drawing from among all eligible videos or, as the case may be, received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded.
2. Freaks 4U is responsible for prize delivery, but neither Freaks 4U nor AMD are responsible for prize utility or quality or otherwise.
3. The reporting and payment of any taxes on prizes, if necessary, are the sole responsibility of the winners. Winner may be issued an IRS 1099 form for prizes over $600.
4. As far as permissible by law Freaks 4U´s liability for damages is limited to gross negligence and intent.
5. Notwithstanding the foregoing, Freaks 4U shall be liable for any negligent breach of essential obligations, the violation of which endangers attainment of the contractual purpose, or for the violation of obligations, the fulfilment of which is crucial for the proper execution of the contest or upon the compliance with which the contractual partners regularly trust. In this case, Freaks 4U shall only be liable for the foreseeable damage typical for the contract.
6. The beforementioned limitations of liability shall not apply in the event of injury to life, body and health.
7. Insofar as the liability of Freaks 4U is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents of Freaks 4U.
8. Freaks 4U is not liable in the unlikely event of an insolvency of AMD and the consequences for this contest.

9. Privacy

1. Freaks 4U limits collection and use of the data of participants (such as full name, address, age, e-mail, country) according to the General Data Protection Regulation. Participants upon participation in this contest agree to Freak4U´s use of the data delivered by participants for the purpose of this contest. After the contest is finished, Freaks 4U will delete each participant’s data, except the data of the winners. Participants grant Freaks 4U the right to forward their data to AMD and relevant cooperation partners to hold the training session with the relevant winner.
2. Wherever such requests are notified in written or text form, Freaks 4U shall offer to participants at any time to inspect upon previous notice what personal data is stored by Freaks 4U. Participants may correct this, request its deletion, or revoke their consent to data usage.
3. For more information about how Freaks 4U Gaming GmbH processes the participants’ personal data and the privacy policy, please check out the Privacy Policy

10. Revocation, Termination and Withdrawal

1. Participants on any time during the contest may withdraw from the contest. Within reasonable time upon notification, Freaks 4U then will delete all data collected from participant including the uploaded video. Participants may declare their withdrawal at any time to: Freaks 4U Gaming GmbH, An der Spreeschanze 10, 13599 Berlin, Germany, Phone 49 30 / 330 96 66 – 0, Fax +49 30 / 330 96 66 – 99.
2. Revocation of the right to use participant´s personal data is possible at any time. However, such revocation will necessarily be followed by exclusion of participant from the contest.
3. Freaks 4U reserves the right to cancel or end the contest at any time without notice or giving reasons.

11. Applicable law and jurisdiction

1. These general rules of participation are subject to and governed by German law, under exclusion of the UN convention on the International Sale of Goods.
2. The courts of Berlin shall have exclusive jurisdiction for any claim arising out of this contest.

12. Severability

1. If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. The invalid, void, or unenforceable provision, covenant or condition shall be replaced by such term, provision, covenant or condition as to be found valid, or enforceable, thereby coming as close as possible to the regulation being replaced by it.
2. The same shall occur, if any term, provision, covenant or condition shall be found missing in this agreement so as to constitute a gap in the regulations