General Conditions of participation and implementation for prize draws, online prize draws, photo competitions, etc. (for short: prize draws) of Knaus Tabbert GmbH
Participation in prize draws and competitions of Knaus Tabbert GmbH and their execution shall be governed by the following provisions. Online prize draws and competitions are those in which the participation is only possible online. The prize draw cards must only contain tickets that contain all of the participant data required for participation in the prize draw.
Art. 1 Prize draw The prize draws are carried out by Knaus Tabbert GmbH, Helmut‐Knaus‐Straße 1, 94118 Jandelsbrunn, (hereinafter: KTG). In some cases, they are conducted in cooperation with different partners (cooperation partners). The participating cooperation partners are explicitly mentioned in the course of each prize draw.
Art. 2 Participation (1) Participation is limited to natural persons of legal age.
(2) A person participates in the prize draw by filling out the registration form and then submitting it to KTG using the „Send‟ button. Alternatively, the prize draw card can be mailed to Knaus Tabbert GmbH, key word „Gewinnspiel‟, Helmut‐Knaus‐Straße 1, 94118 Jandelsbrunn or by placing the prize draw card into a prize draw drum marked as such. The participant is responsible for the correctness of their information, in particular their email and/or mailing address. Only forms that have been completely filled out are eligible for the prize draw. Receipt of the prize draw responses and the registration form must be made by the aforementioned deadline of the prize draw. KTG does not assume any liability for online or transmission errors. For verification of deadlines, the electronically protocolled stamp of receipt of email at KTG or the postmark date is binding. Multiple submissions are not permitted.
(3) In order to participate in the prize draw, all personal data must be correct and valid. Otherwise, exclusion may be effected in accordance with Art. 3 (4)
Art. 3 Exclusion form the prize draw (1) KTG employees, the participating cooperation partners and their relatives are excluded from participation.
(2) KTG reserves the right to exclude the persons concerned from the competition retroactively in the event of a violation of these conditions of participation.
(3) Persons who make use of unauthorised aids or otherwise gain advantages through manipulation shall also be excluded retroactively. In these cases, prizes that have been won can be subsequently denied and reclaimed.
(4) Anyone who provides false personal details may be excluded from the competition.
(5) An automated mass registration for the prize draw and competitions is prohibited. The participation in the prize draws assumes the personal enrolment of the participants. KTG reserves the right to exclude persons from the lottery retroactively that have registered from the prize draw using service providers and/or automated prize draw registrations. In case of an illegal or unlawful participation, KTG reserves the right to take legal steps.
Art. 4 Execution and processing (1) The winner will be informed by KTG in writing or via email. The winner may be mentioned on the KTG website and/or the website of one of our cooperation partners. By participating in the prize draw, the winner expressly agrees to this form of publication. KTG is authorised to transfer the winner’s data to the cooperation partner for purposes of processing the grand prize. In case KTG only has the winner’s email address, the winner will be notified by email. If the winner does not respond within four weeks of sending the notification, the claim to the prize shall lapse. Right to claim a prize also lapses if the prize is not claimed within 6 months of the initial notification of the prize for reasons attributable to the winner of the prize. For vehicle and travel prizes, other, shorter deadlines may apply (see (4) and (5)).
(2) The object presented as a prize in the context of the competition is not necessarily identical with the object won. Deviations in terms of the model, colour, or similar are possible. The prize sponsor may select an object of medium type and quality equivalent to the object presented as a prize.
(3) The non‐cash prizes (with the exception of vehicles and trips) are shipped to the winner’s postal address by the prize sponsor or a third‐party forwarding agent, parcel service, or postal service. Delivery is free of charge within the Federal Republic of Germany. Beyond this, the winner must bear the costs of any additional shipping or transportation charges and customs duties. The place of performance shall remain the seat 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 generally made Mondays thru Fridays between 8:00 a. m. and 6:00 p. m. The winner must also provide an alternate address in his/her immediate vicinity to which the prize can be delivered in his/her absence. If the forwarding agent does not reach the prize winner at either address, then a message is left. The winner must, however, bear the costs of another delivery.
(4) If the prize winner receives a vehicle, the winner will be notified of the dealership responsible for vehicle delivery. If the vehicle is not picked up within the period provided by the prize sponsor or the dealership, then the prize becomes void. All costs that are not caused by the pick‐up, as well as all other subsequent costs (taxes, fuel, repair, etc.) will be borne by the prize winner. The same applies to comparable prizes.
(5) If you win a trip, the prize is solely processed in direct contact between the winner and the respective prize sponsor or rather with a travel agency appointed by it. Insofar as a travel date has not been determined in the prize draw, determination of the travel dates lies solely within the discretion of the prize sponsor or tour operator. You do not have the right to determine your own travel dates. If the trip is not carried out on the date or period specified by the prize sponsor or tour operator, there is no longer any entitlement to the prize. All travel to and from the departure point (airport, railroad station, etc.) must be borne by the prize winner, insofar as nothing else has been noted in the prize draw or has been otherwise expressly agreed upon. The same also applies for all costs that are incurred during the trip. The value of the trip in the offer text refers to the most expensive travel time and is therefore subject to seasonal deviations and currency fluctuations, depending on the time of availability and use of the trip. A compensation of this difference in value is excluded.
(6) If the transmission of the prize is not possible or only possible under unreasonable circumstances, the winner shall receive an equivalent replacement. The winner will also receive an equivalent replacement if the original prize is no longer available in the presented version (model change, etc.).
(7) A cash payment of the winnings or substitute compensation is not possible; such a claim does not exist.
(8) The claim to the winnings or substitute compensation cannot be assigned (to a third party).
(9) Complaints relating to the conduct of the competition must be addressed to KTG in writing by registered letter/ advice of receipt within 14 days of the reason becoming known, stating the name of the competition. Complaints communicated by telephone, or any complaints received after the deadline, will not be considered.
(10) The winner provides their consent that their name, picture and/or video can be posted on the Knaus Tabbert website and their social media accounts (photo, video if prize is handed over).
Art. 5 Early termination of the competition KTG reserves the right to discontinue or end the prize draw at any time and without providing any advance notice or reasons for doing so. In particular, KTG makes use of this possibility if, for technical (e. g. viruses in the computer system, manipulation or errors in the hardware and/or software) or for legal reasons, a proper execution of the prize draw cannot be guaranteed. Insofar this type of termination is due to the behaviour of a participant, KTG can demand compensation for the damage suffered.
Art. 6 Granting of rights for the transmission of image and data materials (photos, etc.) The participants will not make any criminal, discriminatory, pornographic, racist and/or otherwise extremist contents available to KTG or to upload these, and shall indemnify KTG from any third‐party claims. Furthermore, every participant ensures that he or she is the sole owner of all rights of use and exploitation for the image and file material transferred by him or her and therefore shall indemnify KTG from any third‐party claims. With regard to all image and data material produced by the participant and made available to KTG in connection with the execution of a KTG competition, the participant expressly and free of charge transfers to KTG exclusively all transferable, copyright and other rights for publication, duplication, use, exploitation, distribution, processing, reworking and modification, including all conceivable legal positions on drafts and designs in any medium of any kind. This transmission is valid worldwide and is unrestricted and unlimited in space, time, content and in any other way. The participant declares that he or she is fully entitled to the above granting of rights and, in particular, that no third‐party rights are in conflict with it.
Art. 7 Data privacy KTG is obligated to adhere to the statutory data privacy provisions. In particular, reference is made in this context to the General Data Protection Provisions for Prize Draws Knaus Tabbert GmbH.
Art. 8 Liability (1) KTG shall be released from all obligations upon mailing the prize, unless an earlier point in time results from these regulations.
(2) KTG is not liable for material defects and/or defects of title in the profits donated by the cooperation partner.
(3) KTG is not liable for the insolvency of a cooperation partner or for the resulting consequences for the execution and handling of the prize draw.
(4) KTG is only liable for damage caused by KTG itself or by one of its vicarious agents, either intentionally or gross negligently or by the violation of cardinal obligations. The foregoing limitation of liability applies in particular to damage caused by errors, delays or interruptions in the transmission of data or the like, malfunctions of the technical equipment or services, incorrect content, loss or deletion of data, viruses. Limitations or exclusions of liability shall not apply to damage caused by injury to life, limb and/or health or in other cases of mandatory statutory liability.
(5) KTG is still not liable for the consequences of a justified change in the travel offer or the justified cancellation of the trip by the tour operator. The possibility of cash payment for equivalent value is excluded.
Art. 9 Other (1) All decisions are final.
(2) Only the laws of the Federal Republic of Germany apply.
(4) These General Terms of Participation and Execution can be altered or amended by KTG at any time and without prior notification.