1.1 accelerate marketing (hereinafter referred to as “AM”) is the operator of www.gimmetest.com.
1.2 AM provides to you on the web pages of www.gimmetest.com (hereinafter “AM Web Pages”) and in various apps (hereinafter “AM Apps”) different free services (e.g. quiz-games) (hereinafter “AM Games”) for entertainment purposes.
1.3 The present terms of participation and use govern the provision of AM Games on AM Web Pages and AM Apps as well as your use of those and all content provided. They also govern your participation in sweepstakes organized by AM (hereinafter “Sweepstakes”).
1.4 Any additional rules and conditions of participation will be published as part of the particular AM Game. By participating, you accept these rules and conditions of participation.
2 Change of terms of participation and use
2.1 AM is entitled to modify these terms of participation and use at any time within its contractual relationship with you.
2.2 You can view the terms of participation and use at any time at www.gimmetest.com/terms. We will also inform you by email of any changes to our terms of participation and use as long as you have registered with AM.
2.3 By continuing to use AM Games after a change, you are accepting the new terms of participation and use.
3.1 Use of AM Games is generally free of charge and does not require your registration.
3.2 Depending on the internet connection used and your internet rate, you may, however, incur internet connection charges which will be charged to you by third parties (e.g. internet provider, mobile network provider).
3.3 Certain additional features on AM’s Web Pages and AM Apps (e.g. rankings, highscore rankings, competitions) as well as participation in Sweepstakes (§ 5 of the terms of participation and use) require you to register as a participant. There is no entitlement of participation. AM is therefore entitled to reject applications to participate without further explanation.
3.4 In the course of the registration process, you will be asked to enter a user name and password. You can then use these data to log in to the AM website after activation. You must keep your access data including your password secret and you must not allow unauthorized third parties to access them. You are liable in accordance with statutory provisions for any use and/or other activity carried out using your access data.
3.5 AM Games are designed for children and adolescents. However, AM recommends use of AM Games from the age of 8. If you are younger than 8, we only recommend use of AM Games under parental supervision.
4 Availability, Modifications
4.1 AM always endeavors to keep AM Games complete, up-to-date and fully functional on AM Web Pages and AM Apps, but temporary restrictions or interruptions cannot be ruled out as a result of technical malfunctions (e.g. interruptions to the power supply, hardware or software errors, and technical problems in data lines).
4.2 Otherwise the right to use AM Games available on AM Web Pages is limited to AM’s technical and operating capabilities.
4.3 AM reserves the right to shut down, restrict or change the operation of AM’s Web Pages and/or AM Games wholly or partially, at any time, without explanation.
5.1 Unless stated otherwise, AM is the organizer of the Sweepstakes.
5.2 You are entitled to take part in AM´s Sweepstakes if you are at least 14 years of age at the time of participation and if you have your permanent residence in Germany, Austria or Switzerland. Participants under the age of 14 require the express permission of their parents to take part in Sweepstakes. You must register in accordance with § 3 of these terms of participation and use in order to take part in a Sweepstake.
5.3 Legal representatives and employees of AM or of advertising and cooperation partners involved in the Sweepstakes (hereinafter “Cooperation Partners”) and their dependants, as well as organised sweepstake websites/clubs and similar associations and their members, are excluded from participation.
5.4 Unless stated otherwise, winners will be drawn by lot from amongst all participants in a sweepstake on the principle of random selection.
5.5 Multiple participation in Sweepstakes is not permitted and will usually lead to exclusion.
5.6 If you are drawn as the winner of a Sweepstake, you will be personally informed by AM by email. AM reserves the right to publish your name as the winner on AM web pages. By participating in a Sweepstake, you are agreeing to the publication of your name.
5.7 AM reserves the right to disqualify you as a participant from a running Sweepstake at any time without explanation and/or to exclude you from future Sweepstakes. This is in particular the case if you breach the terms of participation, and/or interfere with and/or manipulate the process of a Sweepstake in any way, especially technical processes, or attempt to do so and/or try in any other way to influence the draw for the Sweepstake.
5.8 As a winner you will forfeit your right to the prize if you cannot be reached at the email address given by you within two (2) weeks, if you do not contact AM within two (2) weeks of notification of your prize having been dispatched or notification of your prize cannot be delivered.
5.9 There can be no recourse to legal action and prizes cannot be paid out in cash.
5.10 AM does not guarantee that Sweepstakes on AM Web Pages and/or in AM Games or AM Apps will be available at all times.
5.11 AM reserves the right to change the terms of participation at any time. AM also reserves the right to terminate a Sweepstake or the draw at any time on important grounds without advance warning. This applies in particular to any reasons which would interfere with or prevent the orderly course of the Sweepstake or the draw. If such termination is caused by the conduct of a participant, AM will be entitled to demand compensation for the loss incurred from this person.
5.12 Participation and your chances of winning do not depend on the acquisition of goods or the availment of free/paid services from AM or on the participant’s agreement to receive information on products and offers from AM or its Collaboration Partners.
6 Rights of use
6.1 All copyrights and rights of use to AM Games and/or AM Apps as well as to the content on AM Web Pages (text, graphics, etc.) are expressly reserved.
6.2 Unless any further use is explicitly permitted in these terms of participation and use or on AM Web Pages,
a) you may only retrieve and display the content available on AM Web Pages for personal purposes. This right of use is limited to the duration of your contractual participation;
b) you may not process, change, translate, present, publish, exhibit, duplicate or distribute in any other way the content available on AM Web Pages either in whole or in part. You are also forbidden from removing or altering copyright notices, logos or other markings or proprietary notices.
6.3 Any forbidden exploitation, distribution, duplication or other breach of commercial property rights and copyrights belonging to AM will be pursued in the civil and criminal courts.
7 Forbidden activities
7.1 The games available on AM web pages or through AM Apps are only intended for your non-commercial use. You are prohibited from any use for or in connection with commercial purposes. Prohibited commercial use includes in particular
– any offer or advertising of paid content, services and/or products, both your own and those belonging to third parties,
– any offer, advertising or execution of activities with a commercial background such as sweepstakes, draws, barters, adverts or pyramid schemes, and
– any electronic or other gathering of identity data and/or contact details (including email addresses) belonging to members (e.g. for the dispatch of unsolicited emails).
7.2 You are also prohibited from any activities on or in connection with AM Web Pages, AM Games or AM Apps which are in breach of current legislation, infringe the rights of third parties or breach the principles of protection for minors.
7.3 You are also prohibited from engaging in any action liable to impair the smooth operation of AM web pages, AM Games and AM Apps, in particular to overload AM’s systems.
7.4 If there is a suspicion of illegal or criminal acts, AM will be entitled and possibly also obliged to check your activities and if necessary to initiate appropriate legal steps.
8 Data protection
8.1 AM will process your personal details for specific purposes and in accordance with statutory provisions.
8.2 Personal details given for the purpose of using additional features in AM Games or for participating in Sweepstakes, will be used by AM for fulfilment and handling.
8.3 Further information on the nature, scope, location and purpose of AM’s collection, processing and use of required personal details can be found in the data protection declaration www.gimmetest.com/data-protection.
9 Limitation of Liability
9.1 If you suffer a loss from using the free services provided on AM Web Pages or through AM Apps (including the retrieval of free content), AM will only be liable to the extent that your loss has been incurred due to the contractual use of the free content and/or services and only in the case of deliberate acts (including fraudulent intent) and gross negligence on the part of AM.
9.2 AM is not liable for incorrect information caused and/or disseminated by participants and/or third parties including Cooperation Partners, and which is connected to a competition.
9.3 AM is not liable for offers from third parties, in particular from Cooperation Partners, which are promoted on AM Web Pages, in AM Games or AM Apps.
10 Final provisions
10.1 Changes to these terms of participation and use must be made in writing to be effective. The same applies to the abrogation of the requirement for written form.
10.2 If any provisions of these terms of participation and use are or become invalid and/or unenforceable, the validity of the remaining provisions will not be affected.
10.3 The place of fulfilment and jurisdiction is, to the extend permitted by law, Berlin, Germany