Raffle Conditions of Participation

1. Subject
  1. These Terms and Conditions of participation apply to raffles organized by Overkill GmbH (hereinafter also referred to as "Overkill", or "we"), represented by the managing directors Thomas Peiser and Marc Leuschner, Köpenicker Straße 195a, 10997 Berlin.
  2. "Raffles" are sweepstakes in which users can participate in a chargeable drawing of a very limited number of available products.
  3. By participating in the Raffle, users commit themselves to the paid purchase of the product (the "Raffle Product") in case they win the Raffle.
  4. The purchase contract for the Raffle Product is governed by the General Terms and Conditions ("GTC") of Overkill.
  5. By taking part in the Raffle, participants fully and unconditionally agree to these Terms and Conditions of Participation, which are final and binding in all matters relating to this Raffle.

2. Participation Requirements
  1. In order to participate in the Raffle, users must have a user account for Overkill’s online store.
  2. The participation of minors as well as the participation of persons who do not act as consumers within the meaning of § 13 BGB (German Civil Code) is not permitted.
  3. Further excluded is the participation of users who are located in one of the countries and territories to which Overkill does not offer delivery. The current list of such countries and territories is available here.
  4. Solely and exclusively the participant is responsible for the accuracy of the data provided for the participation in the Raffle. All personal data must be true and correct. Each participant can only take part in the Raffle once and through only one user account. Multiple participations are excluded. The use of automated programs (such as "bots") is excluded.

3. Conclusion of Contract
  1. Users must sign in with their respective user account. If not already stored in the user account, the information and/or personal data intended for participation in the Raffle must be provided.
  2. Users must then select the desired Raffle product in the desired size and design (if available) and place it in the shopping cart.
  3. By clicking the button, and after having provided the payment data and accepted these Terms of Participation as well as the General Terms and Conditions and the Cancellation Policy of Overkill, users may then participate in the Raffle (declaration of participation) and purchase the Raffle Product for a fee (conclusion of the purchase agreement).
  4. By doing so, users enter into a purchase agreement for the Raffle Product with Overkill. However, this agreement is subject to the condition precedent of winning the raffle. If the user is not a winner of the raffle, the purchase contract will automatically be void.

4. Payment
  1. For Raffle products only the payment method "Paypal" is available.
  2. Before, or during the conclusion of the contract, after the user has provided his Paypal account data, Overkill reserves the purchase price of the Raffle Product on Paypal. However, Overkill does not collect it yet.
  3. The payment obligation and the corresponding debit of the means of payment arise and occur only if the user is (one of the) winners of the Raffle.
  4. If the user is not a winner, the reservation of the payment on the Paypal account automatically expires after the end of the draw. The release of the blocked amount happens usually within 24 hours after the raffle ended; in exceptional cases this may be delayed by up to max. 2 working days (Monday - Friday, excl. public holidays).

5. Raffle draw process
  1. The duration of the Raffle and the date of the Raffle product drawing are described on the respective Raffle product landing page.
  2. The draw is made based on the random principle. Winners are determined completely randomly by using automated algorithms. The chances of being a winner of the Raffle product are also dependent on the number of valid entry forms received.
  3. Overkill reserves the right, at its sole discretion, to irrevocably exclude users, participation statements, and/or user accounts from the drawing process in the following cases:
    1. in case of violation of the conditions of participation;
    2. in the event of suspected multiple participation;
    3. in the event of the use of bots or comparable automated procedures for the purpose of participation;
    4. in the event of misuse, fraudulent, illegal or inappropriate use of Overkill's infrastructure (including website and Raffle procedures);
    5. in case of use of Overkill's infrastructure in a way that imposes an unreasonable load on the infrastructure or provokes its malfunction;
    6. in case of (attempted) breach of security measures;
    7. in any other case in which the legitimate interests of Overkill are infringed or threatened to be infringed in an unauthorized way.
  4. If the relevant prerequisites are met, Overkill may exercise the aforementioned right of exclusion even after the draw has been made until the expiry of the general limitation period.
  5. The exclusion of a user may, at Overkill's discretion, be combined with exclusion from further future Raffles.
  6. Overkill further reserves the right to modify or revoke the Raffle at any time. The Raffle and all decisions related thereto are solely at the discretion of Overkill and are therefore always final and unappealable.

6. Closing provisions
  1. In all other respects, the General Terms and Conditions of Overkill apply, unless expressly or impliedly waived by these Terms and Conditions of Participation.
  2. The statutory right of revocation applies in accordance with the revocation instructions of Overkill. With regard to the data processing associated with participation in the Raffle, reference is made to the privacy policy of Overkill.
  3. Should any provision of these Terms and Conditions of Participation be or become invalid or void in whole or in part, the validity and effectiveness of the remaining provisions is not affected thereby. The invalid or void provision is to be replaced by a provision that comes as close as possible to what the parties would have agreed according to the meaning and purpose of the original provision if they had recognized the invalidity or voidness of the original provision.
  4. These Terms and Conditions of Participation are to be governed by the laws of the Federal Republic of Germany, excluding the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has his habitual residence as a consumer, remain unaffected.