These General Conditions of Participation apply to competitions and prize draws organized by the Germany portal “deutschland.de” – a service of FAZIT Communication GmbH , Frankfurt/Main, in cooperation with the German Federal Foreign Office, Berlin.
The competition is entirely unconnected to Facebook or Instagram and is in no way sponsored, supported or organized by Facebook or Instagram. Facebook or Instagram are not available for contact in relation to betting games and competitions. The judges’ decision is final. All information and data provided by or collected about the participant in the course of his/her use of the competition app or during the competition are only available to the organizer, and not Instagram.
1. PARTICIPATION AND PRIZE
All entries will be entered in a random prize draw.
2. ELIGIBILITY, REDEMPTION OF PRIZES
The following are eligible to enter the competition: all persons aged above 18 years (and young people aged under 18, providing their legal representatives provide written consent of their participation), with the exception of staff members of FAZIT Communication GmbH and companies that were or are involved in the realization of the competition/prize draw, plus their relatives.
We reserve the right to exclude participants who take part in the competition using a fake Faceboor or Instagram profile. Entries made via competition services or via programs/scripts shall not take part in the competition.
Winners shall be notified via Facebook or Instagram message after the competition/prize draw has ended. Participants consent to the publication of their submitted photos and username on the website deutschland.de.
Insofar as a winner cannot be contacted and does not respond within five days of contact being made, he/she shall forfeit the prize and a new winner shall be chosen. Should notification of a prize be undeliverable, FAZIT Communication GmbH is not obliged to undertake further investigations.
In the context of the competition / prize draw, the item presented as the non-cash prize is not necessarily identical with the item won. Rather, there may be discrepancies as regards the model, colour and the like. The competition / prize draw organizers may select an item of medium type and quality that is of the same value as the item presented as the non-cash prize.
FAZIT Communication GmbH will send the non-cash prizes by forwarding agent, package service or post to the postal address to be provided by the winner. The delivery will be international free home address. The winner shall bear any additional transport costs or customs duties. Despite assuming the postal costs, the place of performance shall be the domicile of Frankfurter Societäts-Medien GmbH.
3. MAILING OF CONTRIBUTIONS
Should the competition require that contributions be mailed, then the following shall apply:
3.1 CONDITIONS FOR YOUR CONTRIBUTION:
The contribution mailed by the participant must have been produced by him/her in person (as the copyright holders, photographer, etc.) or by a person who has assigned the rights (rights to the photograph or to producing the film, etc.) to the contribution to him/her.
The contribution may not contain any brand designations, any protected marks, and works protected by copyrights or intellectual property rights, commercial copyrights or other intellectual property held by third parties (both natural persons and legal entities) without the corresponding permission of the rights holder. The contribution may not violate the copyrights, intellectual property rights, brand rights, privacy rights or other third-party rights relating to intellectual property (of natural persons and legal entities).
FAZIT Communication GmbH reserves the right at any time during the course of the competition to exclude contributions at its own discretion that might violate third-party rights.
3.2 ASSIGNMENT OF RIGHTS
The participant shall assign to FAZIT Communication GmbH the irrevocable, world-wide non-exclusive right, free of charge and unlimited in time, to reproduce the contributions entered, to disseminate them, to produce sections of them, to process them (in particular as regards digitization or encryption of the contributions) or for other purposes to use or publish them, to make them publicly accessible, to mail them or otherwise to exploit them commercially or non-commercially individually or in part, on their own or in connection with others (e.g., with audio and/or visual recordings and/or together with other illustrations), in all known types of media and forms of exploitation as well as regards intellectual property rights in all unknown types of media and forms of exploitation.
This shall apply in particular world-wide to advertising, promotion, sales and merchandising purposes and to the use of the name, the image and the photo of each participant in this context, free of charge and at its own sole discretion. To the extent that copyrights are involved, for types of uses not yet known terms typical for the sector shall be offered by the participant that consider these conditions of participation. The participant expressly agrees that s/he will receive no remuneration for the use of the contribution. This shall not affect legal claims.
To the extent legally permissible, the participant shall assign to FAZIT Communication GmbH and ad agencies commissioned, for no additional charge, the right to use and publish his/her photo, name, images, voice, opinions and biographical data in all media used to advertise the competition / prize draw and the “deutschland.de” portal.
Winners and/or participants shall agree on the request of FAZIT Communication GmbH to conclude an additional, written agreement on the assignment of rights to the contributions.
Only those contributions submitted in line with these conditions will be considered for the competition / prize draw.
By participating in the competition / prize draw, each participant guarantees that the contribution submitted by him/her does not violate any third-party rights and that the he/she has procured all the necessary agreements, licences and rights in order to be able to duly take part in the competition / prize draw. The participant takes note and accepts that FAZIT Communication GmbH is not obliged to use the contribution and can at its own discretion desist from using the contribution. FAZIT Communication GmbH accepts no liability at all to the extent that it desists from exploiting the rights assigned to it. In this context, the participant releases FAZIT Communication GmbH from all claims, indemnities, compensations, costs and responsibilities (incl. the cost of legal prosecution) that may arise from a violation of these Conditions of Participation.
We reserve the right to terminate or extend in time the competition / prize draw at any time without prior announcement or stating the reasons. This is especially the case if for technical or legal reasons it should not prove possible to conduct competition / prize draw in a due and proper manner. In such an event, the participants shall have no claims against FAZIT Communication GmbH whatsoever.
Claims to winnings cannot be transferred. No payment in cash is lieu of a non-cash prize is possible.
We reserve the right to exclude a participant from the competition for an important reason and to reclaim prizes in particular if there is justified cause or evidence of false statements, manipulation, an infringement of the conditions of participation or other impermissible acts.
5. Duration and purpose of the data processing
We collect and use the person-related data for the purposes of carrying out the competition / prize draw. FAZIT Communication GmbH is authorized in this context to forward the winner’s data to cooperation partner in order in this way to enable the prize to be mailed to him/her.
Winners may be mentioned by name on the websites of cooperation partners. The winner agrees expressly to this form of publication.
We exclusively use the data, such as the e-mail address, in order to conduct the competition, i.e., the prize draw, and to contact the participant to inform him/her that s/he has won. After the competition has been concluded we will delete all data collected.
6. Data protection
Participants’ personal data is collected, processed and used on the basis of the EU General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
The responsible entity and/or party in the sense of the GDPR and/or BDSG is:
Editorial team deutschland.de
FAZIT Communication GmbH
60327 Frankfurt am Main, Germany