Conditions of Participation
§1 SUBJECT
These terms and conditions of participation and data protection information regulate the participation in competitions organized by buah.de (hereinafter: the organizer) by the participants as well as the collection and use of the data collected or communicated by the participants.
By participating in the competition, participants accept these conditions of participation.
The participation requirements, the duration of participation, the prizes and information about the prize draw can be found in the competition description on the competition page
§2 RIGHTS OF USE, RELEASE AND RESPONSIBILITY
The organizer is not obliged to check the content provided by the participants (e.g. images) for potential violations of the rights of third parties. However, the organizer is entitled to reject this if, in his professional opinion, the content is illegal or violates common decency.
By providing content, especially images, participants declare that the content is free of third-party rights, i.e. either comes from them or they have obtained the consent of the authors and the people depicted in images and videos.
The participants release the organizer from all third-party claims that arise from the content provided to the participants. You agree to support the organizer in any reasonable way in defending these claims.
The participants agree that their submissions in connection with the competition, the draw, processing and presentation of the participant contributions will be used, distributed and otherwise made publicly available to third parties by the organizer in online and offline media (e.g. in print). . For these purposes, the organizer is also permitted to edit the submissions and, if necessary, to grant third parties usage rights to them. This granting of rights is free of charge and without any spatial, content or time restrictions.
§3 PROCESSING
It is not possible to pay out the winnings in cash, in kind, or to exchange or transfer them to other people. A participant can forego the prize. In this case, the next participant in the winning order will take his place. The handover of the prizes will be coordinated individually with the participants.
Participants will be notified of their prizes promptly by email to the email address provided, by post or by direct contact in the respective medium and will be asked to confirm.
If a participant does not confirm acceptance of the prize within 4 weeks, the prize will expire. If the contact options provided are incorrect (e.g. email addresses), the organizer is not obliged to find out the correct addresses. The disadvantages resulting from providing incorrect contact details are borne by the participants.
§4 EXCLUSION OF WARRANTY
The organizer points out that the availability and functionality of the competition cannot be guaranteed. The competition can be ended or removed due to external circumstances and constraints without this giving rise to any claims by the participants against the organizer.
§5 LIABILITY
The following exclusions and limitations of liability apply to the organizer's liability for damages, without prejudice to the other legal requirements for claims in accordance with this Section 5.
The organizer is liable without limitation if the cause of the damage is due to intent or gross negligence.
Furthermore, the organizer is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations whose fulfillment enables the competition to be carried out properly and on whose compliance the contractual partners regularly rely. In this case, however, the organizer is only liable for foreseeable, contract-typical damage. The organizer is not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences.
The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after the assumption of quality guarantees for the quality of a product and for defects that are fraudulently concealed. Liability under the Product Liability Act remains unaffected.
To the extent that the organizer's liability is excluded or limited, this also applies to the personal liability of the organizer's employees, representatives and vicarious agents.
§6 NOTICES AND CONDITIONS
Participants cannot assert any claims against Instagram that arise in connection with the use of the competition application or participation in the competition.
The participants acknowledge that both the competition application and the competition are in no way sponsored, supported or organized by Instagram or have no connection to Instagram.
All information and data that is communicated to or collected by participants through the use of the competition application or during the competition will only be made available to the organizer.
All inquiries and information regarding the competition should be directed to the organizer.
