GENERAL ENTRY CONDITIONS FOR SOCIAL MEDIA CONTESTS
(As of May 2019)
THE ORGANIZER OF THIS CONTEST IS WOW Tech Europe GmbH, FRIEDENSTRASSE 91 / 91 A, 10249 BERLIN, GERMANY. (HEREAFTER “ORGANIZER”).
ENTRY IN ONLINE / SOCIAL MEDIA CONTESTS AS WELL AS THEIR IMPLEMENTATION ARE GOVERNED BY THE FOLLOWING PROVISIONS.
IF THE CONTEST IN QUESTION INVOLVES A FACEBOOK CONTEST, THEN ALL INFORMATION RELATED TO THE CONTEST SHALL BE PROVIDED EXCLUSIVELY BY THE ORGANIZER AND / OR THE PRIZE SPONSOR. FACEBOOK IRELAND LIMITED, HANOVER REACH, 5-7 HANOVER QUAY, DUBLIN 2, IRELAND, (“FACEBOOK”) IS NOT LINKED TO THIS CONTEST IN ANY WAY AND NEITHER SPONSORS, SUPPORTS OR ORGANIZES IT. FACEBOOK IS THEREFORE NOT LIABLE FOR ANY AND ALL LEGAL CLAIMS.
§ 1 CONTEST
(1) Entering a contest by the ORGANIZER (“promotion”) can only take place in the period specified at the beginning of the promotion and is free of charge. Information on the entry period of the contest (hereafter “promotion period”) can be found directly in the contest itself.
(2) If the framework of the contest differs from the framework described in Section 4 (1) of these entry conditions, then this framework, including the entry options, shall be described directly on the contest entry page.
(3) To be won are the prizes and/or vouchers specified in the contest announcement, some of which are provided by cooperation partners. Entrants are eligible for the contest if they meet the criteria listed at the beginning of the promotion. This may include:
(a) Signing up for a newsletter on the website specified in the promotion.
(b) Liking, following or performing other actions in the relevant social media channels.
(c) Other criteria specified in the contest announcement.
If an entrant uploads images, videos or texts with a post and/or comment, they must assure the organizer that they have the legal right to do so.
(4) Time of entry is determined by the logged time of day. Responses, posts, comments and/or likes given outside of the promotion period shall be ignored. If there are any delays in submitting or transmitting responses and entrant data, neither the organizer, organizer of the respective social media channel or cooperation partner (as defined below) shall be held responsible.
(5) Contest prizes can be provided by various partners (hereafter “prize sponsor”), which means they are only offered by the organizer on behalf of the prize sponsors. The organizer is therefore not obligated to render performance on its own, unless they themselves are the actual prize sponsors. In accordance with Section 657 BGB (German Civil Code), the prize sponsor is the sole party responsible for all claims related to the prizes offered.
§ 2 ENTRANTS
(1) To be eligible for this contest, entrants must be over the age of 18 unless specified otherwise. Minors under the age of 18 are not eligible. Prizes will not be awarded to minors whose entry is expressly prohibited.
(2) Entry in the contest and the awarding of prizes shall be limited to entrants who have a registered address in [eligible countries].
(3) The entrant alone is responsible for the accuracy of the data submitted for entry in the contest. All personal information must be truthful. If not, the entrant may be excluded from the contest in accordance with Section 3.
(4) Each entrant may only enter the contest once. Multiple entries are prohibited. The organizer reserves the right to exclude an entrant from the contest in accordance with Section 3 if they enter more than once.
§ 3 EXCLUSION FROM CONTEST
(1) Employees of the ORGANIZER and its affiliated company, cooperation partners involved in this contest and their relatives as well as any organized contest websites / clubs or similar and their members are excluded from entry.
(2) The ORGANIZER may exclude entrants from the contest without further notice if they violate these Terms & Conditions, attempt to interfere or manipulate the course of the contest in any way or influence the contest in an otherwise abusive manner.
§ 4 IMPLEMENTATION AND EXECUTION OF THE CONTEST
(1) Entrants will be asked a contest question or some other criteria for entry will be defined (Section 1(3)) during the promotion period. All prizes will be presented on the contest website. At the end of the promotion period the winner(s) will be determined by lot from among all the entrants who answered the contest question correctly or who have fulfilled the specified criteria. (If the number of entrants who answered correctly is less than the number of prizes available, then the remaining prizes will be raffled off among all entrants regardless of the answer given).
Any entry options, rules, winner raffles, etc., that deviate from this contest framework will be explained on the contest entry page. In such cases and unless stated otherwise, the deviating framework shall only apply.
(2) When the contest ends the winner will be notified by email, phone or direct message on the respective social media channel. Entrants declare their consent to this form of contact by entering the contest. The transfer of the prize will thus be handled in direct contact between the winner and the organizer or respective prize sponsor in accordance with the provisions on notification of winning and expiration of winning provided in Sections 4, 5.
(3) The item that is presented as a prize in the contest is not necessarily identical to the item that is won. It may differ in terms of model, color or similar attributes. The prize sponsor reserves the right to select an item of average size and quality.
(4) The prize sponsor or a third party they contract will send the prizes by courier or post to the postal address provided by the winner. Delivery within Germany shall be done at no extra charge. Any additional shipping costs and customs duties shall be borne by the winner. Place of performance remains the seat of the price sponsor despite the fact they pay the shipping costs.
(5) If the transfer of the prize is not possible or only possible under unreasonable circumstances, the winner shall receive an equivalent substitute. The winner shall also receive an equivalent substitute if the original prize as presented is no longer available (model change, seasonal items, etc.).
(6) Cash payment for the prize or prize substitute is prohibited in any case.
(7) The right to claim the prize substitute is not transferable.
(8) Complaints regarding the implementation of the contest must be submitted in writing, including indication of the contest in question, to the organizer within 14 days of the alleged reason for the complaint. Complaints submitted by telephone or late complaints shall not be processed. Any queries, complaints and claims relating to the winnings may only be asserted against the relevant price sponsors.
§ 5 EXPIRATION OF THE PRIZE
Unless specified otherwise in these entry conditions, the winner must make contact within two (2) weeks of submitting the notification of winning. Otherwise the right to claim the prize shall expire. The right to claim the prize shall also expire if the prize cannot be transferred within two (2) weeks of initial notification of winning for reasons related to the individual winner.
§ 6 EARLY TERMINATION OF THE CONTEST
The organizer reserves the right to cancel or terminate the contest at any time without prior notice and without cause. In particular, the organizer may exercise this option if, for technical reasons (e.g. computer viruses, hardware /software vulnerabilities or errors) or legal reasons, a smooth and proper execution of the contest cannot be guaranteed. If such termination is due to the conduct of a entrant, the organizer may demand compensation from that person for any damages incurred.
§ 7 Competitions carried out by WOW
In order to participate in competitions, it is necessary to provide personal data. We use this data for the duration and for the implementation of the respective competition (incl. drawing of the winners, notification of the winners and possibly the losers, possibly publication of the names of the winners, sending the prize etc.). If the prizes are provided by someone other than WOW, we will send the winners’ personal data to this prize sponsor or its service provider. Otherwise, all personal data of the participant will not be passed on to third parties without consent, nor will they be made available for use. The legal basis for the processing is Art. 6 (1) lit. b GDPR.
§ 8 DATA PROTECTION
(1) If the contest is not held directly on a suitable social media channel, it is essential that entrants have the option to register for the contest in question using a suitable contest entry page for entering various data (hereafter “registration data”). For Facebook contests, it is possible to enter using the registered Facebook account of the entrant.
(2) A right to register for the competition or enter the contest does not exist.
(3) The organizer collects, processes, uses and stores the data the entrant provided during registration for the duration of the contest and for the purpose of implementing and processing the winnings and also transfers these data to the respective price sponsor or agency contracted by the price sponsor for the same purpose. The organizer or third parties shall not use registration data for any other purpose without the express consent of the entrant.
(4) In order to participate in competitions, it is necessary to provide personal data. We use this data for the duration and for the implementation of the respective competition (incl. drawing of the winners, notification of the winners and possibly the losers, possibly publication of the names of the winners, sending the prize etc.). If the prizes are provided by someone other than WOW, we will send the winners’ personal data to this prize sponsor or its service provider. Otherwise, all personal data of the participant will not be passed on to third parties without consent, nor will they be made available for use. The legal basis for the processing is Art. 6 (1) lit. b GDPR.
§ 9 CANCELLATION
Entrants may at any time request the deletion of their registration data and thus the withdrawal from the contest by sending a cancellation notice to [email protected].
§ 10 LIABILITY
(1) The organizer shall be exempted from all obligations upon fulfillment and delivery of the prize insofar as these provisions do not specify an earlier time.
(2) Claims for possible material and/or legal deficiencies in the prizes donated by the prize sponsors are to be asserted exclusively against the sponsors themselves.
(3) The organizer shall not be held liable for the insolvency of a prize sponsor and the resulting consequences with respect to the execution of the contest.
(4) The organizer shall be liable for damages only insofar as the damage is due to intentional or gross negligence. The organizer shall be liable for the culpable violation of life, limb or health of a natural person even in the case of simple negligence. The organizer shall moreover be held liable for simple negligence leading to a violation of a cardinal obligation. Cardinal obligations are those whose fulfillment is essential for the proper execution of the contest and achievement of the contract’s purpose and on whose adherence a contest entrant can regularly rely. The above limitation of liability applies in particular to damages resulting from errors, delays or interruptions in the transmission of data, in the event of faults in the technical equipment or service, inaccurate content, data loss or deletion, viruses or in any other form during use of the application. Liability under the German Product Liability Act remains unaffected.
§ 11 MISCELLANEOUS
(a)Entrants may not assert claims against the respective social media platform in connection with the organizer’s contest and must acknowledge that the respective social media platform is not linked to the contest in any way nor does it sponsor, support or organize the contest. Consequently, the respective social media platform has nothing to do with the contest of ORGANIZER.
(b) All inquiries and comments regarding the contest must be directed to the organizer at the address given above and not to the social media platform.
(2) Cash payment for the prize or any prize substitute or legal recourse is prohibited in any case.
(3) Only the law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention (CISG).
(4) Should any of these provisions be or become ineffective and/or unenforceable, the validity of the remaining entry conditions shall remain unaffected.
(5) Place of jurisdiction is Berlin, insofar as an agreement on this is legally permissible. However, the ORGANIZER reserves the right to initiate legal proceedings against the entrant at their place of residence and before any other competent court.
(6) The organizer may change these entry conditions at any time without further notice.