1. Organizer, scope and acceptance of the general conditions of participation
(1) These General Terms and Conditions apply to participation in ProLeiT competitions organized by ProLeiT AG. The contests are not sponsored, supported or organized by Instagram and are not affiliated with Instagram in any way. The recipient of the information provided by the participants is not Instagram, but ProLeiT. Any questions, comments or complaints regarding the competition should not be directed to Instagram, but directly to ProLeiT at email@example.com.
(2) The competitions are organized by ProLeiT AG, Einsteinstraße 8, 91074 Herzogenaurach, Germany. If a cooperation partner of ProLeiT AG is a co-organizer, this partner is expressly named in each case. Messages to ProLeiT AG are to be sent via e-mail to the following e-mail address: firstname.lastname@example.org
(3) By participating in one of the competitions organized by ProLeiT AG in its offers, the participant expressly and bindingly accepts these General Conditions of Participation.
2. Right to participate
(1) All physical persons who have reached the age of 16 and have their permanent residence in Germany are eligible to participate. Submissions from users with private profiles cannot be seen and/or taken into consideration. Therefore, only public Instagram profiles can participate in the competition.
(2) Employees of the ProLeiT Group, employees of cooperation partners of the respective competition and all persons who are or were involved in the implementation of the respective competition are excluded from participation. The same applies to first and second-degree relatives (§15 of the German Tax Code) of these persons as well as their life partners in a marriage-like community.
(3) Participation in the competition is not tied to the purchase of goods, services, donations or comparable items.
3. Procedure of the competition
The competition begins on 21.06.2019 with the publication of the competition entry on the Instagram profile of ProLeiT AG and ends with the announcement of the winner on 23.09.2019.
Every participant can win, who
- Liked the competition entry,
- follows the official account of ProLeiT AG, and
- published a picture of himself on a public transport using the competition hashtag #ProLeiTSummerCompetition on Instagram.
4. Winner notification:
The marketing team of ProLeiT AG determines a winner among all participants and leaves a comment with the official ProLeiT AG account under the winning picture. The prize will be sent free of charge by standard shipping to an address in Germany.
In the case of non-cash prizes, a cash payment of the prize value or an exchange of the prize is excluded. The profit/prize entitlement is not transferable.
The entitlement to a prize expires after 21 days from the first publication of the winner by ProLeiT AG if the winner cannot be reached, if the winner fails to provide feedback or if the winner does not accept the prize.
The prize, possibly presented visually or orally in the description of the ProLeiT AG competition, is not necessarily identical with the object to be won. Deviations, especially in model, colour and equipment, etc. are possible.
6. Exclusion of participants
ProLeiT AG reserves the right to exclude participants from participation in the competition. This applies in particular to culpable violations of the conditions of participation or if participants manipulate or attempt to manipulate the participation process or the game or make use of other dishonest aids.
7. Exclusion from the distribution of profits
If ProLeiT AG subsequently determines that the participant has realized a reason for exclusion within the meaning of Clause 5 or was not entitled to participate within the meaning of Clause 2, ProLeiT may exclude this participant from the distribution of the profit.
8. Publication of names; promotion
ProLeiT AG may publish the name or Instagram username of the winner on Instagram and Facebook or on the ProLeiT AG website.
The winner undertakes to make himself available free of charge to a reasonable extent for audio, photo, image and text promotion on radio, the Internet or printed publications and consents to the publication of his entry in word, image or text in accordance with the course of the competition and for a specific purpose.
9. Granting of rights of use
(1) The participant guarantees that he/she is the owner of the necessary rights to the uploaded or linked photos. If the participant is not the sole author or holder of the rights, he expressly declares that he holds the rights required for participation in the competition. If one or more persons are recognizably depicted in the picture, the persons concerned must agree to the picture being published. Should third parties nevertheless assert claims due to infringement of their rights, the participant shall indemnify the organizer against all claims.
(2) The participant grants ProLeiT the following simple, temporally and spatially unlimited but non-exclusive rights of use to the photo used by him: the right to store the photo on a server; the right to make the photo available to the public in whole or in part via Instagram, Facebook and our websites (in particular www.proleit.de); the right to use the photo to advertise our products; the right to process the photo, whereby the image may not be altered.
(3) When using the image, ProLeiT shall identify the author in a suitable manner, insofar as this is feasible taking into account the concrete form of use.
(4) The use of external images, such as from the Internet or Stockphoto providers, is expressly prohibited.
(5) ProLeiT AG reserves the right to delete images that contain or represent insults, racism and hate propaganda, pornography and obscenities, calls for violence against persons, institutions or companies.
(6) By accepting the prize, the winner agrees that we may use his/her name for promotional purposes.
10. liability of the participant:
(1) If the participant uploads photos, he guarantees that he will not send any content whose provision, publication or use violates applicable law or the rights of third parties.
(2) The participant shall indemnify ProLeiT against claims of any kind whatsoever by third parties arising from the unlawfulness of photos used by the participant. The indemnity obligation also covers the following
obligation to indemnify the organizer in full against legal defense costs (e.g. court and attorney fees).
(3) By participating in the competition, the participant exempts Instagram of any liability.
11. Liability of ProLeiT AG
(1) ProLeiT AG shall not be liable for false information which is expressed and disseminated by participants and/or third parties, including any cooperation partners of ProLeiT, and which is related to the dissemination of information on the competition.
(2) ProLeiT AG does not guarantee that all links and references made in the context of the competition are correct or complete.
(3) ProLeiT AG shall not be liable for damages due to malfunctions of technical systems, for delays or interruptions of transmissions or for damages in connection with participation in the competition or with the acceptance and use of the prize, unless ProLeiT or its vicarious agents act with intent or gross negligence. This shall not affect any claims for damages due to injury to life, limb and health as well as essential contractual obligations and intentional actions.
12. Abort/cancellation of the competition
ProLeiT AG reserves the right to cancel or end the competition at any time. This applies in particular in the event of force majeure or if the competition cannot be carried out or continued for other organizational, technical or legal reasons. In such a case, the participants are not entitled to any claims against ProLeiT AG.
13. Ratio written information / written conditions and terms of participation
If written information on the website or Instagram page deviates in content from the above General Conditions of Participation, the provisions of the General Conditions of Participation shall apply exclusively with regard to the deviating information.
14. Amendments to the Conditions of Participation
ProLeiT reserves the right to change the conditions of participation at any time.
15. Data protection
All personal data of the participant will be stored and used exclusively for the purpose of conducting and processing the competition. Unauthorized disclosure to third parties does not take place. Also, a use for advertising purposes. After the end of the competition, the data of the participants will be blocked immediately and then deleted within the technically given routines. Every participant is free to revoke his participation in the competition as well as his consent to the storage and use of his data. The revocation is to be addressed to email@example.com. With the deletion of the data, the participation in the competition and any subsequent draw is excluded.
16. Competition and prize provider/organizer
The provider and organizer of the competition:
Telefon: +49 9132 777 0
Telefax: +49 9132 777 150
Chairman of the Supervisory Board:
Wolfgang Ebster (Chairman), Manfred Czepl, Josef Buchsteiner & Jürgen Wölfl
Local court Fürth HRB 7717
17. Instagram Disclaimer
Unless a prize draw is run on Instagram using an Instagram application, Instagram is expressly not considered to be the contact person or in any way connected or affiliated with the prize draw.
18. Final provisions
(1) The law of the Federal Republic of Germany shall apply.
(2) Deviations from these conditions of participation must be in writing in order to be effective. The same applies with regard to the waiver of the written form requirement.
(3) Should one or more of the above clauses be or become invalid, ineffective or unenforceable in whole or in part, the remaining conditions shall remain effective. A corresponding valid clause shall replace it. The same applies if there is a regulatory gap.
(4) The place of performance and jurisdiction shall be Fürth, Germany, insofar as an agreement to this effect is permissible. Otherwise, the domicile of the defendant party shall apply.
(5) Legal recourse shall be excluded.
Release June 2019