Terms and Conditions Online Competitions and Promotions
TERMS AND CONDITIONS FOR ONLINE COMPETITIONS AND PROMOTIONS
The organiser of the competition, including their business name, is indicated directly on the input screen for participation in the competition (hereinafter referred to as the ‘Organiser’).
If competitions are organised as online competitions as part of so-called TV expansion on the part of TV broadcasters, the respective broadcaster uses SevenOne Media GmbH for the technical realisation of the competition.
Participation in, and the conduct of, online or Facebook competitions is subject to the following provisions.
The following applies in the case of Facebook competitions: all information related to this competition is provided exclusively by the Organiser and/or the prize sponsor. Facebook Ireland Limited Hanover Reach, 5–7 Hanover Quay, Dublin 2, Ireland, (‘Facebook’) has no connection whatsoever to this competition and does not sponsor, endorse or administer this competition. Accordingly, there are no legal claims in relation to Facebook.
(1) The competition period (hereinafter referred to as the ‘Promotional Period’) is specified in the competition.
(2) In the event that the competition mechanism differs from the mechanisms described in Section 4(1) of these Terms and Conditions, this mechanism, along with participation opportunities, will be described in the competition entry form.
In the event that it is possible to participate via Facebook, participation in the competition will be governed by the description given in the competition entry form
- a) either by using a Facebook application (hereinafter referred to as the ‘Application’ on Facebook. This Facebook-related Application may be installed on the participant’s Facebook profile at no charge. After the participant has clicked the ‘Like’ button, they can participate in the competition by answering the competition question;
- b) or directly on the Organiser’s Facebook page. In such cases, the participant may participate in the competition by navigating to the competition posting on the Facebook page www.facebook.com/ and a) posting a comment in response to the competition question; b) posting images/comments; c) or ‘liking’ the post, etc. In the event that a participant uploads images, videos or texts as part of a post and/or comment, they warrant to the Organiser that they are the rightful holder of the necessary rights.
The recorded time is decisive for the time of participation. Responses/posts/comments/likes that are not submitted within the Promotional Period will not be considered. Neither the Organiser, Facebook nor Cooperation Partners (as defined below) are responsible for any delays in the submission or transmission of the answer and participant details.
(3) Prizes for the competition are provided by various partners (hereinafter referred to as ‘Prize Sponsors’) such that the Organiser merely offers the prizes on behalf of the Prize Sponsors. As a result, the Organiser is not obliged to provide a prize of its own unless it is the sponsor of the respective prize. The awarding party within the meaning of section 657 of the German Civil Code (“BGB”), and thus solely responsible for advertised prizes, is otherwise the relevant Prize Sponsor.
(1) To the extent not provided otherwise, all persons who have reached the age of 18 are eligible to participate in the competition. Minors under the age of 18 may not participate. Prizes will not be distributed to minors whose participation is expressly prohibited.
(2) Participation in the competition, and the distribution of prizes, is limited to participants with a registered address in Germany, Switzerland and Austria.
(3) The participant is solely responsible for the accuracy of data related to participation in the competition (including relevant data in the respective participant’s Facebook account). All personal information must be true. Otherwise, this may result in exclusion from the competition under Section 3 (4).
(4) Each participant may only enter the competition once. Multiple entries are prohibited. The Organiser reserves the right to exclude participants in the case of multiple entries in the competition in accordance with Section 3 (2).
- Exclusion from the competition
(1) Employees, and their family members, of ProSiebenSat.1 Media AG and all subsidiaries/holdings as well as the participating providers and Prize Sponsors are excluded from participation.
(2) The Organiser reserves the right to exclude persons from the competition and not to pay out prizes, or to subsequently forfeit and reclaim them, in the event of a violation of these Terms and Conditions.
(3) Persons who use any illicit means, or otherwise seek advantage through manipulation, are likewise prohibited. If necessary, prizes may be subsequently forfeited and reclaimed in such cases.
(4) Anyone who provides false information about their identity or makes multiple entries in the competition is likewise excluded.
- How the competition will be conducted
(1) Participants will be asked a competition question during the Promotional Period. The participants may then select from among a set of possible answers. All prizes will be presented on the competition page. The winner(s) will be selected randomly from all participants who selected the correct answer at the end of the Promotional Period. In the event that the prizes available outnumber the participants who chose the correct answer, the remaining prizes will be awarded among the remaining participants by random draw regardless of the answer they selected.
Participation opportunities and rules, competitions, etc. that deviate from the competition mechanism described here will be communicated to participants directly on the participant web interface. To the extent not otherwise stated, these deviating provisions apply in such cases.
(2) Winners will be notified by email at the end of the competition. Accordingly, arrangements for the delivery of the prize will be made directly between the winner and the Prize Sponsor according to the following provisions regarding notification of the winners and forfeiture of the prize in Sections 4 and 5.
If the competition is held directly via Facebook, the winners will be notified by the Organiser on their Facebook pages after the competition has ended. Alternatively, the winners can also be announced on the Organiser’s Facebook page after the competition has ended. Each winner must then send a private message to the Organiser’s Facebook page with their proper name within four workdays after receipt of the prize notification on their Facebook page and/or after announcement of the winner on the Organiser’s Facebook page. If the winner does not respond within this time period, the winner’s prize will be forfeited.
(3) The item presented as the prize in the competition is not necessarily identical to the item won. There may be variations in terms of model, colour, etc. The Prize Sponsor reserves the right to select a prize they consider to be of broadly equivalent value or nature.
(4) Non-cash prizes (with the exception of cars and trips) will be sent to the mailing address to be provided by the winner by the Prize Sponsor, or a third party commissioned by the sponsor, by means of carrier, parcel service or post. Delivery will be carriage paid within the Federal Republic of Germany. The winner is responsible for any additional transportation costs and customs duties. The assumption of shipping costs notwithstanding, the place of performance remains the Price Sponsor’s registered office. In the event that delivery is made via carrier, the carrier will contact the winner in order to arrange a delivery date. Delivery is generally made Monday to Friday between 8:00 am and 6:00 pm. The winner must also provide an alternative address in their immediate vicinity to which the prize can be delivered in their absence. A message will be left if the carrier does not find anyone at home at the winner’s address or at the alternative address. The winner must bear the costs of another attempt at delivery.
(5) In the event of a car prize, the Prize Sponsor will inform the winner of the car dealer responsible for delivery. If a winner eligible to participate according to Section 2 (1) is a minor, please note that the consent of the legal guardian is required for registration of the car in the winner’s name. The prize will be forfeited if the car is not collected within the period specified by the Prize Sponsor or car dealer. All costs related to the registration and collection of the car, as well as all additional ancillary expenses (insurance, taxes, fuel, repairs, etc.), shall be borne by the winner. This applies likewise in the case of motorcycles and comparable prizes.
(6) In the case of travel prizes, they will be arranged between the winner and the respective Prize Sponsor and/or a tour operator commissioned by such sponsor. There is no entitlement to a specific travel date. The claim to a prize lapses if the trip is not taken on the date or during the period indicated in the competition. The winner is subject to the travel conditions of the tour organiser upon confirmation of the trip. Unless otherwise stated in the competition or expressly agreed, travel to and from the starting point of the trip (airport, train station, etc.) is at the winner’s expense. The same applies to all personal costs incurred during the trip (minibar, telephone, etc.). The value of the trip in the promotional materials is based on the most expensive travel season and is thus subject to change according to seasonality and currency fluctuations depending on when the trip is made available and taken. The winner acknowledges this and agrees that compensation for any difference in value in any form is excluded.
(7) The winner will receive an equivalent replacement if it is not possible to distribute the prize or would only be possible under unreasonable circumstances. The winner will also receive an equivalent replacement if the original prize is no longer available as advertised (model change, seasonal goods, etc.).
(8) Under no circumstance will cash alternatives for non-cash prizes or prize substitutions be offered.
(9) The right to the prize or prize substitution is not transferable.
(10) Complaints relating to the conduct of the competition must be submitted in writing to the Organiser along with an indication of the competition concerned within 14 days of becoming aware of the grounds. Complaints communicated by telephone or late complaints will not be processed. Questions, complaints and claims relating to the prizes must be addressed exclusively to the respective Prize Sponsor.
- Forfeiture of the prize
Unless otherwise specified in these Terms and Conditions, the winner must claim their prize within four (4) weeks of notification by the Organiser, otherwise they will forfeit their prize. A new winner will be randomly drawn in such cases unless otherwise provided in these Terms and Conditions. The claim to the prize likewise lapses if the prize cannot be distributed within four (4) weeks following initial notification of the prize on grounds for which the winner is at fault. The differing deadlines referred to in Section 4 (5) or (6), and set out again below, apply in the case of car or travel prizes.
- Early termination of the competition
The Organiser reserves the right to cancel or terminate the competition at any time without prior notice and without the need to indicate the grounds. In particular, the Organiser may avail itself of this option should the proper conduct of the competition not be assured owing to technical causes (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or legal reasons. The Organiser may demand that a participant pay compensation for any damages incurred if any such termination is caused by the conduct of a participant.
- Data protection
(1) If the competition is not held directly on Facebook, participation requires registration using the participant web interface for the competition by inputting a variety of details (hereinafter also referred to as ‘registration details’ for the competition concerned. For Facebook competitions, participation is also possible using the participant’s Facebook account.
(2) There is no entitlement to register for, or to participate in, the competition.
(3) The Organiser collects, processes, uses and stores participant data provided during registration for the duration of the competition for purposes of conducting and completing the competition and provides such data to the respective Prize Sponsor, or the agency representing the Prize Sponsor, for the purposes referred to above. Registration details will not be used for other purposes by the Organiser or third parties without the express consent of the participant.
Each participant is free to request the deletion of their registration details by sending notice of withdrawal to [email protected] and thus withdraw from participation.
(1) The Organiser shall be released from all obligations upon fulfilment or distribution of the prize unless an earlier point in time has been specified by these provisions.
(2) Claims for possible material defects and/or defects in title related to prizes donated by the Prize Sponsors must be addressed exclusively to the sponsors.
(3) The Organiser shall not be liable for insolvency on the part of a Prize Sponsor or the resulting consequences for conducting the competition.
(4) The Organiser is only liable for damages if such damages result from intent or gross negligence. The Organiser is liable for culpable injury to the life, limb or health of a natural person even in the case of simple negligence. In addition, the Organiser is also liable for breaches of essential obligations based on simple negligence. Essential obligations are those obligations which must be fulfilled for the proper conduct of the competition and the achievement of the contractual purpose and compliance with which competition participants are regularly entitled to rely upon. The preceding limitation of liability applies in particular to damages caused by errors, delays or interruptions in the transmission of data, faults in technical equipment or services, incorrect content, loss or deletion of data, viruses or in any other way in the use of the application. This is without prejudice to liability under the Product Liability Act.
(5) In the case of travel prizes, the Organiser is furthermore not liable for the consequences of a legitimate change in the form of travel offered or legitimate cancellation by the tour operator. Payout of the value of the trip is not permitted.
(1) The judges’ decision is final.
(2) The laws of the Federal Republic of Germany shall apply exclusively.
(3) Should any of these provisions be or become invalid, this shall not affect the validity of the remaining Terms and Conditions.
(4) These Terms and Conditions can be changed at any time by the Organiser without need for separate notification.