Terms and Conditions of the NIO Summer 2023- Referral mystery box Campaign,

Organizer of the Referral mystery box Campaign 

These terms and conditions for participation in the NIO Referral mystery box Campaign (herein after referred to as "Terms and Conditions") apply to the participation in the Referral mystery box Campaign, (here in after referred to as “Referral mystery box campaign”) described below, which is organised by NIO Deutschland GmbH, Seeholzenstraße 12, 82166 Gräfelfing, Germany (hereinafter referred to as "NIO"). Further information on NIO can be found at https://www.nio.com/de_DE/impressum

Terms and conditions of participation

Natural persons at the age of minimum 18 years who have full legal capacity including NIO employees, who have their habitual residence in the Federal Republic of Germany, the Netherlands, Sweden, Denmark or Norway and who have accepted these Terms and Conditions including NIO employees (hereinafter collectively referred to as "Participant") are eligible to participate in the Referral mystery box Campaign.

Participation requires downloading the NIO APP and creating a profile in the NIO APP with correct information about the participant's personal data. The following mandatory details are required for registration in the NIO APP: email address, user name, country, state, city. Registration of your NIO Account is subject to dedicated terms and conditions, which need to be accepted. In the event of a win, the following personal data must be submitted to NIO in order to announce the winner and deliver the prize: first and last name, date of birth, postal address, e-mail address.

In order to participate, the Participant needs to do the following:

From the moment the Participant makes a test drive referral during the campaign period, they will be considered as a Participant in the contest. If the Participant wants to opt-out of the campaign, they should send an email to the mailbox community.europe@nio.io. Participants are encouraged to invite their friends to do a NIO test drive in one of the following countries: Denmark, Sweden, the Netherlands, Norway and Germany, using the Participant’s personal invitation code. By doing so, NIO will be able to keep an internal record about all the Participants who should get a mystery box.

Prize

All the Participants will receive a mystery box which includes prizes from 200 to 2000 NIO Points one NIO point has the equivalent of 26,83 NOK to 268,28 NOK. One lucky Participant (“Winner”) will have the opportunity to co-design together with a design agency commissioned by NIO the painting for one Power Swap Station which is located either in China or in Sweden, Norway, Denmark, Germany or the Netherlands (“Prize”). NIO will provide the Winner with a selection of the available Power Swap Stations in these countries and the Winner will then have the opportunity to select one of these available Power Swap Stations for which the Winner wishes to provide the co-design.

NIO will provide the assistance of a design agency to support the Winner in the creation of the design, and the design agency will be responsible for painting the Power Swap Station according to the winning Participant and design agency’s design, however the final draft of the design needs to be submitted to NIO and is subject to approval by NIO.

Additionally, there will be a launch event to present the co-created design to the NIO Community, where we will celebrate the opening of the newly designed Power Swap Station. The Winner will be invited to participate in the launch event with their family and friends but the travel costs will not be covered by NIO.

Period of participation

The NIO Referral mystery box campaign starts on 04.08.2023 at 14:00 CET and ends on 30.09.2023 at 14:00 CET.

Selection of Winners and prize notification

The campaign is a lucky draw, therefore all the Participants will have the same chance to get a prize even if the inviting Participant just referred one friend, meaning that all the Participants will receive a mystery box and they can get from 200 to 2000 NIO Points and the possibility to co-design the Power Swap Station. The Participants will receive a mystery box in the NIO APP on August 31st 2023 and the Winner, who will co-design the Power Swap Station will be notified via direct message in the NIO APP stating the further modalities, such as arranging an appointment to design the painting of the selected Power Swap Station with the design agency (“Winning Notification”) and the Winner announcement will be published in the NIO APP.

The claim to the Prize only arises if the Winner declares acceptance of the Prize to NIO within 72 hours of the dispatch receipt of the Winning Notification (“Notification Period”). If the Winner does not declare his or her acceptance of the Prize within this Notification Period, his or her claim to the Prize will lapse and the Participant, who has received the next highest amount of test drive referrals will be awarded the respective Prize.

Participants whose personal details are not correct will be excluded from participating in the Referral mystery box campaign. NIO reserves the right to exclude Participants who manipulate or attempt to manipulate the participation process or violate these Terms and Conditions in any other way.

NIO reserves the right to terminate or change the Referral mystery box campaign at any time without prior notice before the start date of the Referral mystery box campaign. This shall not give rise to any claims on the part of the Participants.

Personal rights, copy rights

The Participant agrees that his/her name may be published as part of the Referral mystery box campaign if s/he wins. In particular, this permission includes publication on the NIO websites, the NIO APP and the social media profiles of NIO.

The Participant is free at any time to revoke the consent to publication and thus withdraw from participation in the Referral mystery box campaign. The revocation must be sent in writing or by email to the following address:

NIO Deutschland GmbH, Seeholzenstraße 12, 82166 Gräfelfing, Germany,contact.de@nio.io

The Participant grants NIO a non-exclusive and royalty-free right to use the co-created designs of the painting for the PSS Power Swap Station (hereinafter referred to as the "Assets")without limitation in terms of space, content and time. The participant declares to hold all existing rights to his contributions to the Assets and is therefore entitled to grant the rights of use to his contribution to the Assets. The rights of use include, but are not limited to, the right to use the assets in analog and digital form regardless of channel and format and/or the right to use the Assets for advertising purposes. This in turn includes, but is not limited to the right to publish, distribute and modify the assets and to combine the picture with other works to the extend permitted by law.

The Participant waives the right to always be named in connection with the Asset when used by NIO for the purpose mentioned above as far as the naming is not customary.

Particularly, in relation to the “Referral mystery box campaign” NIO reserves the right to file an application for registration of intellectual property rights ("IPR”) if deemed necessary.

The Participant assures to the best of their knowledge that no rights of third parties are violated by the publication of the Assets. This includes, in particular third-party copyrights or personal rights of identifiable persons shown in the picture. The Participant indemnifies NIO from claims arising from the violation of such rights and arising legal costs to the extent they are legally liable for such claims and to the extent permitted under applicable statutory consumer protection laws.

Liability and limitation of liability of NIO

NIO shall, to the extent permitted under applicable laws, not be liable for any damage that a Participant may suffer in connection with the Referral mystery box campaign, insofar as such damage is caused by the slightest negligence on the part of NIO. The liability for damages caused by slight negligence is limited to the foreseeable typical damage. The above limitations of liability do not apply to damages caused by gross negligence, in case of injury to body, health or life or to NIO's liability under the Product Liability Act.

Miscellaneous

Legal procedures related to the claim of the prize are excluded. The claim to the Prize cannot be asserted by legal action. Payment of the cash value of the Prize is excluded. The claim to the Prize is not transferable. The Referral mystery box campaign shall be exclusively governed by and construed in accordance with the laws of the Norway Should any provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

Data protection information

NIO Deutschland GmbH, Seeholzenstraße 12, 82166 Gräfelfing, Germany jointly together with NIO Gmbh, NIO Netherlands B.V., NIO Denmark ApS, NIO Nextev Sweden AB and NIO Norway AS (together referred to as “NIO Group entities”) processes personal data for the Referral mystery box campaign.

With respect to the joint processes NIO Group entities jointly determine the purposes and means of processing.

In an agreement on joint controllership pursuant to Article 26 GDPR, the NIO Group entities have determined how the respective tasks and responsibilities in the processing of personal data are structured and who fulfills which data protection obligations.

The Participant can contact NIO or NIO's data protection officer in writing (mail to NIO Deutschland GmbH, Subject: Data Protection, Seeholzenstraße 12, 82166 Gräfelfing, Germany or via email privacy.de@nio.io.

In the context of the Referral mystery box campaign, the NIO Group entities will process the following categories of personal data for the following purposes and on the following legal bases:

1.      To enable participation – account creation

In order to participate in the Referral mystery box campaign the Participant needs to download the NIO APP and create a profile in the NIO APP, in order to generate an invitation code

The following mandatory details are required for registration in the NIO APP: email address, user name, country, state (as applicable) and city. Registration of your profile in the NIO APP is subject to dedicated terms and conditions, which can be found at https://policy.eu.nio.com/#/app-tou and need to be accepted.

Legal basis: Our legitimate interest in enabling participation in the Referral mystery box campaign (Art. 6 (1) (f) of the GDPR).

2.      Sharing of invitation code and test drive participation of friends

In order to participate, the Participant invites friends to perform a test drive using respective function in NIO APP. By using the invitation code, NIO is able to identify the Participants who did a test drive referrals. NIO can also identify the Participant’s friends that have received and invite and participated in the test drive.

Legal basis: Performance of the contract (Art. 6 (1) (b) of the GDPR) as set forth in section 21 of the Terms and Conditions NIO APP and NIO Digital Services (https://policy.eu.nio.com/#/app-tou) as well as NIO’s legitimate interest (Art. 6 (1) (f) of the GDPR) to allow Participants to participate in the Referral mystery box campaign by inviting friends to test drive a NIO Car, using a invitation code

3.      To check eligibility for participation

In order review the eligibility for Participants, we process personal data relating to age (to confirm the minimum age of 18), habitual residence and acceptance of the Terms and Conditions (by referring friends to do a test drive during the campaign period.

Legal basis: the processing is necessary for the legitimate interests of NIO and Participants to ensure that individuals participating in the NIO Referral mystery box campaign are eligible to participate (Art. 6 (1) (f) of the GDPR).

4.      To select and announce Winners and to enable delivery of the Prize

In the event of a win, the following personal data must be submitted to NIO in order to select and announce the Winner and to deliver the Prize: first and last name, date of birth, postal address, e-mail address, number of referrals, personal data relating to declaration of acceptance of the Prize and correspondence relating to arranging appointments to design the painting of the selected Power Swap Station with the design agency .

Legal bases:

To select the Winners: Our legitimate interest in selecting the Winners in the Referral mystery box campaign (Art. 6 (1) (f) of the GDPR).

Announcing the Winners: Consent (Art. 6 (1) (a) of the GDPR). The Participant can withdraw his/her given consent at any time in writing or via email. Please use the contact details provided above for withdrawal of consent. 

Enable delivery: Our legitimate interest in enabling delivery of the Prizes to the Winners (Art. 6 (1) (f) of the GDPR).

The personal data collected for the Referral mystery box campaign will be stored until the Referral mystery box campaign ends. Information related to the winner(s) will be stored in accordance with statutory retention periods with a minimum of 3 years.

As a data subject, participant has the right of access, right of rectification, right to erasure, right to restriction of processing, right to data portability and right to object. In addition to that, the Participant has the right to lodge a complaint with a supervisory authority if he/she considers that the processing of his/her personal data infringes GDPR. The Participant may exercise this right before a supervisory authority in the Member State of his/her residence, place of work or the place of the alleged infringement.

Please be aware that for the use of NIO APP processing of personal data is also necessary. To understand how your personal data is handled while using NIO APP, please review our dedicated Privacy Notice NIO APP which can be found here: https://policy.eu.nio.com/#/app-privacy.