Conditions of participation for competitions
Participation in online and social media competitions and their implementation are governed by the following provisions.
If it is a Facebook competition, the following applies: all information in the context of 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 with this competition and does not sponsor, support or organise this competition. There are therefore no legal claims against Facebook.
§ 1 Competition
(1) The participation period of the competition (hereinafter referred to as the "promotion period") can be found directly in the competition.
(2) Insofar as the competition mechanism differs from the mechanisms described in § 4 paragraph 1 of these terms and conditions, this will be described directly in the competition entry window, including the participation option.
If participation via Facebook is possible, participation in the competition will take place as described in the competition entry window
a) either by using a Facebook application (hereinafter referred to as "application") on Facebook. This Facebook-connected application can be installed free of charge in the participant's Facebook profile. Once the participant has activated the "Like" button, they can take part in the competition by answering the competition question;
b) or directly on the organiser's Facebook website, in which case the participant can take part in the competition by a) answering the competition question with a comment under the competition post on the Facebook page www.facebook.com/[...]; b) posting pictures/entries; c) "liking" the post, etc. If the participant uploads images, videos or texts as part of a post and/or comment, the participant guarantees the organiser that he/she is the legal owner of the rights required for this.
The recorded time is decisive for the time of participation. Answers/posts/comments/likes that are not submitted within the campaign period will not be taken into account. Neither the Organiser, Facebook nor the Cooperation Partners (as defined below) are responsible for any delays in the submission or transmission of the answer and participant data.
(3) The prizes of the competition are provided by various partners (hereinafter referred to as "Prize Sponsor"), so that the Organiser only offers the prizes on behalf of the Prize Sponsor. This does not oblige the Organiser to provide any service of its own, unless it is itself the sponsor of the prize in the specific case. Otherwise, the organiser is the awarding party in accordance with § 657 BGB (German Civil Code) and thus solely responsible for all claims relating to the prizes awarded.
§ 2 Participants
(1) Unless otherwise stated, persons who have reached the age of 18 are eligible to participate in this competition. Minors under the age of 18 are excluded from participation. Prizes will not be distributed to minors whose participation is expressly excluded.
(2) Participation in the competition and the distribution of prizes are restricted to participants with a registration address in Germany and Austria.
(3) The participant is solely responsible for the accuracy of the data provided for participation in the competition (including the relevant data in the participant's Facebook account). All personal details must be truthful. Failure to do so may result in exclusion from the competition in accordance with § 3 (4).
(4) Each participant may only take part in the competition once. Multiple entries are excluded. The organiser reserves the right to exclude participants from the competition in accordance with § 3 (2) in the event of multiple entries.
§ Section 3 Exclusion from the competition
(1) Employees and relatives of Liebesgut Tiernahrung OHG / Beteiligungen as well as the participating providers and prize sponsors are excluded from participation.
(2) In the event of a breach of these conditions of participation, the organiser reserves the right to exclude persons from the competition and not to pay out prizes or to subsequently disallow and reclaim them.
(3) Persons who make use of unauthorised aids or otherwise gain advantages through manipulation will also be excluded. In such cases, winnings may also be subsequently cancelled and reclaimed.
(4) Anyone who provides false personal information or takes part in the competition more than once is also excluded.
§ 4 Realisation and processing of the competition
(1) During the promotion period, participants will be asked a competition question. All prizes will be presented on the competition page. The winner(s) will be chosen by lot from all participants at the end of the promotion period.
Participation options, entry rules, prize draws etc. that deviate from this competition mechanism will be explained to the participant directly on the competition entry screen. In such a case, unless otherwise described there, these deviating regulations shall apply exclusively.
(2) Winners will be notified in writing at the end of the competition. The prize will then be handed over in direct contact between the winner and the prize sponsor in accordance with the following conditions on prize notification and forfeiture of the prize in §§ 4 and 5.
If the competition is organised directly on Facebook, the winners will be notified by the organiser via the Facebook profile of the respective winner after the end of the competition. Alternatively, the winners can also be announced after the end of the competition via the organiser's Facebook profile. Each winner must then contact the organiser by sending a private message to the organiser's Facebook page with their real name within 4 working days of receiving notification of the prize on their Facebook profile or the announcement of the winner on the organiser's Facebook profile. If a winner does not respond within this period, the prize will be forfeited.
(3) The item presented as a prize in the competition is not necessarily identical to the item won. In fact, there may be deviations in terms of model, colour or similar. The prize sponsor reserves the right to select an item of average type and quality as the prize.
(4) The non-cash prizes (with the exception of cars and trips) will be sent by the prize sponsor or a third party commissioned by the prize sponsor by forwarding agent, parcel service or post to the postal address specified by the winner. Delivery is free of charge within the Federal Republic of Germany. Any additional transport costs and customs duties shall be borne by the winner. The place of fulfilment remains the registered office of the prize sponsor despite the assumption of the shipping costs. In the event that delivery is made by a forwarding agent, the forwarding agent will contact the winner to arrange a delivery date. Delivery is usually 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. If the carrier is unable to find anyone at either the winner's address or the alternative address, a message will be left. The winner must bear the costs of a new delivery.
(5) In the case of a car prize, the prize sponsor will inform the winner of the car dealer responsible for delivery. If the winner entitled to participate in accordance with § 2 (1) is a minor, it is pointed out that the consent of the parent or legal guardian is required for registration in the name of the winner. If the vehicle is not collected within the period specified by the prize sponsor or the vehicle dealer, the prize will be forfeited. All costs arising from the registration and collection of the vehicle, as well as all other consequential costs (insurance, taxes, fuel, repairs, etc.) shall be borne by the winner. The same applies to motorbikes and comparable prizes.
(6) In the case of travel prizes, the winner and the respective prize sponsor or a travel organiser commissioned by the latter shall be responsible for handling the prize. There is no entitlement to a specific travel date. If the trip is not carried out on the date or during the period specified in the competition, the winner is no longer entitled to the prize. Upon confirmation of the trip, the winner is subject to the organiser's travel conditions. Travel to and from the starting point of the trip (airport, railway station, etc.) is at the expense of the winner, unless otherwise stated in the competition or expressly agreed. The same applies to all private costs incurred during the trip (minibar, telephone, etc.). The value of the trip in the prize draw text refers to the most expensive travel period and is therefore subject to seasonal variations and currency fluctuations, depending on when the trip is made available and utilised. The winner acknowledges this and agrees that compensation for any difference in value in any form is excluded.
(7) If the prize cannot be sent or can only be sent under unreasonable circumstances, the winner will receive an equivalent replacement. The winner will also receive an equivalent replacement if the original prize is no longer available in the version presented (model change, seasonal goods, etc.).
(8) A cash payment of the prize or a possible prize replacement is not possible under any circumstances.
(9) The claim to the prize or prize replacement cannot be assigned.
(10) Complaints relating to the implementation of the competition must be submitted in writing to the organiser within 14 days of the reason for the complaint becoming known, stating the competition. Complaints made by telephone or late complaints will not be processed. Queries, complaints and claims relating to the prizes are to be made exclusively to the respective prize sponsor.
§ 5 Forfeiture of the prize
Unless otherwise stipulated in these conditions of participation, the winner is obliged to respond within 24 hours of the notification being sent. Otherwise the claim to the prize will be forfeited. Unless otherwise stipulated in these conditions of participation, a new winner will be drawn by lot in such cases. The entitlement to the prize shall also lapse if the prize cannot be sent within four (4) weeks of the first notification of the prize for reasons relating to the winner. For car prizes and travel prizes, the deviating deadlines specified in § 4 (5) and (6) and listed again below shall apply.
§ 6 Premature cancellation of the prize draw
The Organiser reserves the right to cancel or terminate the competition at any time without prior notice and without giving reasons. The organiser will make use of this option in particular if, for technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or for legal reasons, the proper running of the competition cannot be guaranteed. If such a termination is caused by the behaviour of a participant, the organiser may demand compensation from this person for the damage incurred.
§ 7 Data protection
(1) If the competition is not organised directly on Facebook, it is essential for participation in the competition to register for the relevant competition by entering various data (hereinafter also referred to as "registration data") in the competition entry form. In the case of Facebook competitions, participation is possible via the participant's registered Facebook account.
(2) There is no entitlement to register for the competition or to participate in the competition.
(3) The organiser collects, processes, uses and stores the participant's data provided during registration for the duration of the competition for the purpose of running and processing the competition and transmits it to the respective prize sponsor or the agency responsible for the prize sponsor for the aforementioned purpose. The registration data will not be used for other purposes by the organiser or third parties without the express consent of the participant.
(4) All personal data of participants will be processed and used by the organiser in accordance with the statutory provisions. Further information can be found in the data protection regulations.
§ 8 Cancellation
Participants are free to cancel their registration data at any time by sending a cancellation to kontakt@liebesgut-tiernahrung.de and thus withdraw from participation.
§ 9 Liability
(1) The organiser shall be released from all obligations upon fulfilment or delivery of the prize, unless an earlier point in time results from these regulations.
(2) Claims due to possible material and/or legal defects in the prizes donated by the prize sponsors are to be asserted exclusively against them.
(3) The organiser is not liable for the insolvency of a prize sponsor or the consequences of this for the implementation of the competition.
(4) The organiser shall only be liable for damages if the damage is due to intent or gross negligence. The organiser shall also be liable for culpable injury to life, limb or health of a natural person in the event of simple negligence. In addition, the organiser shall also be liable for the breach of a cardinal obligation due to simple negligence. Cardinal obligations are those whose fulfilment is essential for the proper execution of the competition and the achievement of the purpose of the contract and on whose compliance a competition participant may regularly rely. The above limitation of liability applies in particular to damages caused by errors, delays or interruptions in the transmission of data, faults in the technical systems or the service, incorrect content, loss or deletion of data, viruses or in any other way when using the application. Liability under the Product Liability Act remains unaffected.
(5) In the case of travel prizes, the tour operator is also not liable for the consequences of a justified change to the travel offer or the justified cancellation of the trip by the tour operator. The possibility of paying out the value of the trip is excluded.
§ 10 Miscellaneous
(1) Legal recourse is excluded.
(2) The law 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 conditions of participation.
(4) These conditions of participation can be changed by the organiser at any time without separate notification.