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1. scope of application
These Conditions of Participation apply to all competitions organised by ZOÉ LU GmbH, Lindwurmstraße 124, 80337 Munich, Germany (hereinafter referred to as the "Organiser"). Every participant accepts these conditions of participation by participating.
2.1 Every natural person with a minimum age of 18 years is entitled to participate in his own name. Participants who have already reached the age of fourteen but are not yet of legal age may only participate in the competition with the consent of their legal guardian.
2.2 Minors under the age of 14 who are legally incompetent are not eligible to participate.
2.3 The organiser reserves the right to exclude persons from participation who violate these conditions of participation or who gain or wish to gain an advantage over other participants by unlawfully influencing or manipulating the competition. In such cases, the organizer may exclude participants from the competition at a later date, withdraw prizes and reclaim them.
2.4 Participation is only possible within the period specified in the competition description. Each participant may only participate once in an identical competition.
2.5 Employees of the lottery organizer as well as employees of the companies participating in this lottery and their direct relatives are excluded from participation in the lottery.
3. execution of the lottery
3.1 Prerequisite for the participation in the competition is the posting of a picture of the participant with a bag of the organizer. If a further prerequisite for participation in the competition is required, this will be communicated directly at the opportunity to take part in the competition. The raffle will be held during the specified period. All participants in the lottery who meet the requirements set out in sections 2 and 3 up to the respective time of the draw will be taken into account. The winner will be the participant who has received the most Likes at the end of the competition, in case of a tie the winner will be decided by lot.
3.2 A change or cash payment of the price is excluded. The profit is not transferable.
4. win handling
4.1 The winner will be notified by e-mail from the organizer, alternatively the winner will be notified by reposten of the winning image. With regard to the prize, each participant notified in this way is obliged to inform the organizer within two weeks of sending the notification or the repost whether he accepts the prize. If the organizer does not receive a corresponding message within this period, the possibility of accepting the prize lapses and the organizer reserves the right to determine another participant and to notify him accordingly.
4.2 If the contact information provided by the participant is incorrect (e.g. e-mail address), the organizer is not obliged to determine the correct data. The disadvantages which result from the information of incorrect contact data (e.g. incorrect e-mail address) are at the expense of the participant.
5. warranty for defects
For damages caused to the winner due to material defects and/or defects of title, the organizer is liable only in case of malice, intent or gross negligence. In all other respects any liability for material defects and/or defects of title shall be excluded.
6. premature termination, adjustment or modification of the lottery
The organizer is entitled to prematurely terminate, adapt or modify the competition at any time without prior notice and without giving reasons, if a proper execution of the competition cannot be guaranteed without appropriate measures for technical or legal reasons.
7.1 The organizer uses the data of the participants received within the scope of the participation in the lottery for the execution and handling of the lottery. You can object to the storage and use of your data for this purpose at any time by sending a message to the contact person described below.
7.2 The organizer reserves the right to publish the name and a photo of the winner on a competition page, unless the winner has objected to this.
7.3 Upon textual request to the organizer, the participant will be informed about the data stored about his person and has the possibility to correct this data.
8. intellectual property/ rights of use/ exemption agreement
8.2 The participant grants the organizer a temporally and locally unlimited, simple right of use with regard to all types of use for the publication both on the Facebook lottery page and on the online platform www.die-tier-welt.com with regard to the published images. Furthermore, the organizer is granted the right to grant simple sublicenses. Furthermore, the organizer is granted a processing right to the pictures transmitted by the participant that entitles the organizer to use analog, digital or other processing options to edit the template under copyright protection and/or to change.
8.3 If the participant infringes the copyrights, industrial property rights, labelling rights or other property rights of a third party, the participant undertakes to fully indemnify the organizer against all justified claims of the third party arising from the infringement. The participant is also obliged to bear the costs of the necessary legal defence including all court and attorney fees, this does not apply if the infringement is not the fault of the participant.
9. applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.