Terms of participation in the Lufthansa Seeheim Raffle on Facebook and Instagram
§ 1 Subject
1. These terms of participation and this information about privacy govern all participation in the organiser’s raffle by the participants and the collection and use of information collected about or shared by the participant.
2. By participating in the raffle, the participants accept these terms of participation.
3. All users aged 18 or older may participate. The entry deadline for the raffle will be announced by official post. The raffle winner will then be determined and announced on Facebook and Instagram respectively or by email. If the winner does not react to the notification within four (4)
weeks, all claims to the prize expire without substitution.
§ 2 Usage rights, indemnity and responsibility
1. By providing content, particularly images, participants declare that the content is free from the rights of third parties; in other words, the content either belongs to them, or they can prove that they have the consent of the copyright holder and of all persons shown on the pictures or videos.
2. The organiser is not obligated to review the content (such as pictures) provided by the participants for potential violation of the rights of third parties. The organiser is entitled to reject the content, however, if it finds in its prudent judgement that the content is unlawful or immoral.
3. The participant indemnifies the organiser against all claims by third parties arising from the content provided by the participant. The participant warrants and undertakes to help the organiser defend itself against such claims in all reasonable ways.
4. By participating in the raffle, participants also declare their consent that the organiser may use, disseminate and otherwise publish their submission for participation in the raffle and the related drawing, processing and presentation in online and offline media (such as print). They also grant the organiser the right to edit the submission and, if necessary, grant it third-party usage rights. These rights are granted free of charge and
without spatial, contextual or time limitations.
§ 3 Execution
1. Participants will be notified promptly via Facebook and Instagram respectively and asked to send their contact data via direct message.
2. The prize will be awarded in person at the premises of Lufthansa Seeheim, Lufthansaring 1, D-64342 Seeheim-Jugenheim. The prize cannot be paid out in cash, in kind or in exchange, nor may it be transferred to other parties. The participant may choose to waive the prize, in which case the next participant in the winner ranking becomes the winner. The prize handover will be coordinated individually with the participants.
3. The participant is responsible for the disadvantages of not sending their contact information, sending the incorrect information, or not redeeming the prize voucher.
4. By participating in the raffle, the winners declare their consent to have their name published on the Lufthansa Seeheim Facebook page or Lufthansa Seeheim Instagram page. Employees of Lufthansa Seeheim and their families may not participate in the raffle. Participation via lottery promoters or lottery companies is excluded. The prize may not be redeemed for cash. Recourse to
legal action prohibited.
§ 4 Warranty disclaimer
1. The organiser points out that the raffle can be ended or removed due to circumstances or necessities outside its control and that this does not give rise to any participant claims against the organiser.
2. These may include technical problems, changes in regulation or decisions by Facebook and Instagram respectively.
§ 5 Liability
1. The following liability disclaimers and limitations in this provision apply to all other legal requirements concerning the eligibility of damage claims against the organiser.
2. The organiser is liable without limitation for damages caused intentionally or as a result of gross negligence.
3. It is further liable for any violation of cardinal duties through simple negligence if this jeopardises fulfilment of the contract purpose, or the violation of duties whose fulfilment is necessary for the proper execution of the raffle and upon whose fulfilment contractual partners usually rely. In this case, however, the organiser is only liable for foreseeable damages typical for this type of contract. The organiser is not liable for the violation of duties other than those listed above when such violation is caused by simple negligence.
4. The aforementioned liability limitations do not apply to injury to life, body or health, to a defect in the characteristics of a product after acceptance of a quality warranty, and to the fraudulent failure to inform of a defect or fault. Liability based upon the Product Liability Act (Produkthaftungsgesetz) remains unaffected.
5. Insofar as the organiser’s liability is excluded or limited, the same applies to the personal liability of the organiser’s employees, representatives and vicarious agents.
§ 6 Data protection
1. The organiser only collects and uses the participants’ data to the extent allowed by law or to which the participants consent. We use the information you share in accordance with the regulations of the Federal Data Protection Act (Bundesdatenschutz-Gesetz) and the Telemedia Act (Telemedien-Gesetz).
2. The organiser uses the participants’ data for the purposes of designing, conducting and processing the raffle. In particular this includes general information about users on Facebook and Instagram respectively, such as the participant’s name. Should more in-depth data be collected for this purpose, the participants will be clearly notified before they participate.
3. By writing or sending a text to the organiser, participants may receive information about which of their personal data the organiser has stored, demands its correction or deletion, and revoke their consent to the usage of the data.
For more information about how we handle your personal information, we refer you to our Privacy Statement.
§ 7 References to and terms of Facebook and Instagram
2. Participants can assert no claims against Facebook or Instagram related to the use of or participation in the raffle.
3. Participants recognise that the raffle is in no way sponsored, supported or organised by Facebook or Instagram, or in any way related to Facebook or Instagram.
4. All information and data shared by or collected about the participant through the use of the raffle or during the raffle will be made available by the organiser and not by Facebook or Instagram.
5. All questions and instructions related to the raffle should be directed to the organiser and not to Facebook or Instagram.