Terms and Conditions of Entry + Privacy Information

for competitions run by freikopf GmbH on Facebook and Instagram

§ 1 Subject matter

These Terms and Conditions of Entry and Privacy Information govern participation in competitions organised by freikopf GmbH (hereinafter referred to as the “Promoter”), as well as the collection and use of data collected from or provided by participants. By entering the competition, participants accept these Terms and Conditions of Entry.

§ 2 Eligibility and entry

The Promoter will hold a prize draw among followers of its Facebook page or Instagram page. The prize draw will be conducted in accordance with the following Terms and Conditions of Entry. The Promoter is responsible for organising and administering the prize draw and for providing and awarding the prize. This competition is in no way associated with Facebook and/or Instagram. Entry is open to anyone aged 16 or over with a delivery address in Germany, except employees of freikopf GmbH, employees of companies commissioned to run the competition and their respective family members.

§ 3 Rights of use, indemnification and responsibility

The Promoter is not obliged to review content submitted by participants, such as images, for potential infringements of third-party rights. However, the Promoter may reject content if, in its reasonable assessment, that content is unlawful or contrary to public decency.

By submitting content, particularly images, participants warrant that the content is free from third-party rights. This means that the content must either have been created by the participants themselves or that they have obtained the consent of the relevant copyright holders and of all persons depicted in any images or videos.

Participants shall indemnify the Promoter against all third-party claims arising from content they have submitted. They agree to provide the Promoter with all reasonable assistance in defending against such claims.

Participants agree that their submissions may be used, distributed and otherwise made publicly accessible to third parties by the Promoter in online and offline media, including print media, in connection with the competition, the prize draw, its administration and the presentation of participants’ entries. For these purposes, the Promoter may also edit the submissions and, where necessary, grant third parties rights to use them. These rights are granted free of charge, worldwide and without restriction as to content or duration.

§ 4 Prizes and fulfilment

A non-cash prize consisting of the freikopf GmbH products specified in the competition will be awarded to one participant selected by the Promoter. The prize is provided by freikopf GmbH.

The prize cannot be exchanged or transferred. No cash alternative is available and recourse to the courts is excluded. The prize cannot be paid out in cash or in any other form, exchanged or transferred to another person.

A participant may decline the prize. In this case, the next participant in the winner ranking will take their place. The handover of the prize will be arranged individually with the participant and will generally take place by email or by delivery via DHL or UPS. Participants will be notified promptly of their win via Facebook or Instagram message and asked to confirm that they accept the prize.

If a participant does not confirm acceptance of the prize within one week, the prize will be forfeited. If the information provided is incorrect, such as an incorrect address, the Promoter is not obliged to investigate or determine the correct details. Participants shall bear any disadvantages resulting from incorrect contact information.

§ 5 Competition period

The prize draw begins when the competition is published and ends 7–14 days later on the Facebook page or Instagram page. The prize draw will be conducted exclusively within Germany.

§ 6 Disclaimer of warranty

The prize described on the relevant page will be awarded as part of the promotion. The Promoter cannot be held responsible for technical malfunctions of any kind, particularly failures affecting telephone networks, other networks, electronic systems or computers.

The winner will be notified via Facebook or Instagram. The prize cannot be paid out in cash or in any other form, nor can it be exchanged or transferred. The winner accepts any necessary changes to the prize caused by factors beyond the control of the companies involved in the promotion.

The Promoter’s decisions are final. No correspondence will be entered into in this regard. The Promoter reserves the right to suspend the promotion in whole or in part if any difficulties arise that could compromise the integrity of the competition. The Promoter also reserves the right to amend these Terms and Conditions of Entry without prior notice.

To the extent permitted by law, any liability for damages on the part of the Promoter and its governing bodies, employees and agents arising from or in connection with the competition, irrespective of the legal basis, shall be limited to cases of intent or gross negligence.

Any personal data provided by participants in connection with the competition will be collected, stored and used by the Promoter solely for the purpose of conducting and administering the promotion. Where necessary, such data may also be shared with third parties, for example for the purpose of delivering the prize.

§ 7 Liability

Without prejudice to any other statutory requirements for claims, the following exclusions and limitations of liability shall apply to the Promoter’s liability for damages under this section.

The Promoter shall be liable without limitation where the damage was caused intentionally or through gross negligence. The Promoter shall also be liable for a slightly negligent breach of material obligations where such a breach jeopardises the purpose of the agreement, or for a breach of obligations whose fulfilment is essential to the proper conduct of the competition and on whose fulfilment the parties may regularly rely. In such cases, however, the Promoter’s liability shall be limited to foreseeable damage typical of this type of agreement.

The Promoter shall not be liable for a slightly negligent breach of obligations other than those referred to above. The preceding limitations of liability shall not apply in the event of injury to life, limb or health, in the event of a defect following the assumption of a guarantee as to the quality of a product, or in the event of fraudulently concealed defects. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

Where the Promoter’s liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and agents.

§ 8 Facebook information and terms

In addition to these Terms and Conditions of Entry, the relationship between the Promoter, the participant and Facebook is governed by Facebook’s Terms of Service and Privacy Policy.

Participants may not assert any claims against Facebook arising in connection with the use of the competition application or participation in the competition. Participants acknowledge that neither the competition application nor the competition is sponsored, endorsed or administered by Facebook, nor is it associated with Facebook in any way.

All information and data provided by or collected from participants through the use of the competition application or as part of the competition will be provided solely to the Promoter and not to Facebook. All enquiries and comments concerning the competition must be directed to the Promoter and not to Facebook.

Promoter:
freikopf GmbH, Untere Heidestr. 21F, 44793 Bochum, Germany