Terms and Conditions "Reindeer Roundup"
ONE-OFF PRIZE
This Reindeer Roundup promotion (the “Promotion”) is being conducted by Value Retail Management Germany GmbH t/a Wertheim Village, Almosenberg, 97877 Wertheim, +49 (0) 93429199100, legal@WertheimVillage.com (“Village”, “we”, “us”).
1. The Promotion runs between 12th November 2018 at 09:00 am until 24th December 2018 at 02:00 pm and includes an opportunity for you to win one of two Shoppingcards (worth each 500€) (the “Contest”). The closing date to enter the Contest is 24th December 2018 at 02:00 pm (the “Closing Date”).
2. The Mobile Device Privacy Notice governs the collection and use of personal information relating to the Promotion including the Contest. Please read the Mobile Device Privacy Notice carefully as it explains the kinds of personal information we collect about you and how it is handled. In particular, information on our data protection officer and your rights as data subjects can be found in the data protection guidelines.
3. By participating in the Contest which forms part of the Promotion you agree to these terms and conditions.
4. The Promotion is not related to Instagram and is in no way sponsored, endorsed or administered by, or associated with, Instagram. Instagram is not liable for any incident in connection with the Promotion. Any questions, comments or complaints regarding the Promotion should thus be directed to us and not to Instagram.
5. How to enter the Contest
If you are eligible, you can enter the Contest by submitting your photograph with the reindeer and the sleigh on Instagram, tagging the Village @WertheimVillage in the post and using the hashtag “#Reindeerroundup” on the same post.
6. Eligibility for Contest
All entrants to the Contest must before the Closing Date:
a. be 18 years or over or, if your entry is submitted through an Instagram public account registered to a user under 18 years old then you promise you are the legal guardian, parent or representative of that user and you enter this Contest on these terms and conditions on that user’s behalf;
b. have access to the Village’s app “Wertheim Village” (the “App”);
c. have a public Instagram account which has been used to submit your entry into the Contest.
In entering the Contest, you confirm that you are eligible to do so. The Village may require you to provide proof that you are eligible to enter the Contest. The contest is not open to employees of the Village or its affiliate companies or such employees` family and household members.
7. Modalities of the Contest
a. The Contest is only open to entrants:
i. who are eligible to participate in accordance with paragraph 5;
ii. have scanned all nine (9) reindeer into the app;
iii. post the photograph on their Instagram account ;and
iv. tag the Village @WertheimVillage in the post and using the hashtag “#Reindeerroundup” on the same post (“post”),
in advance of the Closing Date (detailed above).
b. All entries received after the Closing Date are automatically disqualified.
c. No purchase is necessary to enter the Contest. Only one entry per person is permitted.
d. On 2nd January 2019, two winners will be determined per random selection. The fist winner, which is the overall winner of the contest of all participants, and the second winner, which will be selected from the participants that especially attended at 24th December 2018 between 9 am and 2 pm. The winners will win both a Shoppingcard (worth each 500€) (the “Prize”).
e. Winners will be contacted by the Village using a Instagram Post and by user tagging. If a winner does not respond within three weeks of the Village sending this request, the Village shall be entitled to treat such winner as disqualified from the Promotion and the Village may select another winner as the new winner by lot.
f. Please allow 21 days from the winner determination date (2nd January 2019) for collection of the Prize at the Tourist Information Center of the Village.
g. Entries submitted via agents or third parties are invalid.
h. No responsibility will be accepted for entries that are lost, late, misdirected, incorrect, garbled or incompletely received, for any reason, including (but not limited to) by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at the Village’s servers or elsewhere. The Village is not responsible for any human or other error that may occur in the processing of entries/surveys nor for any damage to any entrant’s or any other computer equipment arising from accessing or downloading any materials in connection with the Contest.
i. Every effort will be made to supply the Prize, but in the event that this is not reasonably or practically possible, an equivalent prize will be offered, which will be selected at the Village’s sole discretion.
j. Prizes are not transferable to any third party and cannot be exchanged for cash, any other prize or redeemed in conjunction with any other offer or promotion.
k. We can contact the winners because of their participation in post event publicity.
l. The Village has arranged these prize draws in good faith and, to the extent permitted by law, does not accept any liability in relation to any consequences arising from entry to, or failure to enter, the Contest. The above exclusion of liability shall not apply if the reason for the damage is attributable to an intentional or grossly negligent breach of duty by us or a legal representative or vicarious agent. Furthermore, we shall be liable for slightly negligent breach of essential obligations. Essential are obligations whose violation endangers the achievement of the purpose of the contract or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the participant regularly relies. In this case, we shall only be liable for the foreseeable damage typical of the contract. However, we shall not be liable for other slightly negligent breaches of duty. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after assumption of a guarantee for the quality of the product and in the event of maliciously concealed defects. Liability under the Product Liability Act shall remain unaffected. Insofar as liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
m. If there are legal or technical circumstances or other reasons, which make it impossible to guarantee the proper running of the Promotion, the Village reserves the right to terminate the Promotion prematurely without assuming any liability towards the participants in the Promotion.
n. Legal action is excluded.
8. Our use of your Content
a. We reserve the right to make additions or deletions to the text or graphics (including editing any photograph(s) or graphic material) of your Content.
b. If Content that you have uploaded or made available to us is selected, it means that your Content will be displayed or appear on our social media account (Instagram, Facebook). Other users will be able to view, and have access to, your Content and will be able to elect to share the same via social media sites (including, without limitation, potentially Facebook, Twitter, Pinterest, Instagram, Weibo, WeChat, etc.)
c. With the exception of personal data (which will be treated as set out in accordance with our Mobile Device Privacy Notice) all submissions by you of Content will be treated as non-proprietary and non-confidential and may be made available to the general public and used by us without restriction.
d. You promise that:
i. your Content does not depict anything which is unlawful, threatening, libelous, defamatory, obscene, pornographic or profane, could constitute or encourage conduct that would be considered a criminal offence or breach of any law, and that accompanying comments (if any) are not defamatory or disparaging about us or the Village Brand, or any third parties;
ii. your Content does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings or any form of “spam”;
iii. you will not use a false email address, impersonate any person or otherwise mislead us as to the origin of your Content;
iv. you are the legal and beneficial owner of all the intellectual property rights in your Content (other than any third party logos, brand names or artwork featuring in your Content), that it is your original work and does not infringe any third party rights including patents, trademarks, copyright or unregistered rights.
v. you have obtained all relevant rights and written permission from individuals featuring in your Content, and that your Content does not feature anyone under the age of 18 unless it is your own child (you being the legal representative) and you have that child’s consent;
vi. if necessary, you agree to do all such other things and execute such other documents as we may reasonably request in order to allow us to use your Content as contemplated in these terms and conditions.
e. Our official social media accounts may include the opinions, statements and other content of third parties. Any opinions, statements or other materials made available by third parties are those of such third parties and not of us or the Village Brand, and we and the Village Brand do not endorse any such opinions, statements or materials.
f. You acknowledge and agree that we have no control over, and shall have no liability for any damages resulting from, the use (including without limitation, re-publication) or misuse by any third party of information voluntarily made public through any use of our official social media accounts.
g. It is not possible for us to be aware of the contents of each comment or review displayed on, or information, materials, products, and/or services available through, our official social media accounts (or any portion or portions of them). We operate on a “notice and takedown” basis. If you believe that any comment or review displayed on, or information, materials, products and/or services available through our official social media accounts (or any portion or portions of them) contains a defamatory statement, please notify us immediately by writing to us at Legal Team, Almosenberg, 97877 Wertheim or by e-mailing us at legal@WertheimVillage.com. On receipt of notice by you, we will use all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
9. Miscellaneous
a. The law of the Federal Republic of Germany shall apply. If you are a consumer with a habitual residence in the EU, you also enjoy protection under the mandatory provisions of the law of your country of residence. You can also submit claims in connection with these conditions of participation, which arise from consumer-protecting standards, to your place of residence.
b. The Village is the controller of the personal data and can be reached at the following address: Almosenberg, 97877 Wertheim, or at legal@WertheimVillage.com.