General terms and conditions
General terms and conditions
General terms and conditions
Participation in online and Facebook competitions and their implementation are based on the following provisions.
As far as it is a Facebook competition, the following applies: all information in the context of this competition is provided exclusively by the organizer and / or the prize sponsor. Facebook Ireland Limited Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland, (“Facebook”) has no connection whatsoever to this competition and does not sponsor, support or organize this competition. There are therefore no legal claims against Facebook.
(1) The participation period for the competition (hereinafter referred to as the “promotion period”) can be found directly in the competition.
(2) Insofar as the competition mechanism deviates from the mechanisms described in Section 4 (1) of these terms and conditions, this, including the option to participate, is described directly in the competition entry window.
As far as participation via Facebook is possible, participation in the competition takes place in accordance with the description in the participation window of the competition
a) either by using a Facebook application (hereinafter referred to as "application") on Facebook. This application, which is connected to Facebook, can be installed free of charge in the respective Facebook profile of the participant. After the participant has activated the "I like" button, they can take part in the competition by answering the competition question;
b) or directly on the organizer's Facebook website. In such a case, the participant can take part in the competition by submitting the competition posting on the Facebook page www.facebook.com/eastHamburg
a) answered the competition question with a comment;
b) posts pictures / posts;
c) the post "liked" etc.
If the participant uploads pictures, videos or texts as part of a post and / or comment, the participant guarantees the organizer to be the legal owner of the necessary rights.
The recorded time is decisive for the time of participation. Answers / posts / comments / likes that are not submitted within the promotional period will not be taken into account. Neither the organizer, Facebook nor the cooperation partners (as defined below) are responsible for any delays in submitting or transmitting the response and participant data.
(3) The prizes of the competition are provided by various partners (hereinafter referred to as “prize sponsor”) so that the organizer only advertises the prizes on behalf of the prize sponsor. This does not oblige the organizer to perform of his own unless he is the sponsor of the prize in the specific case. The award sponsor in accordance with Section 657 of the German Civil Code (BGB) and therefore solely responsible for all claims in relation to the awards offered is otherwise the respective award sponsor.
(1) Unless otherwise stated, persons who have reached the age of 18 are entitled to participate in this competition. Minors under the age of 18 are excluded from participation. A profit distribution to minors, whose participation is expressly excluded, does not take place.
(2) Participation in the competition and the distribution of prizes are limited to participants with registered addresses in Germany, Switzerland and Austria.
(3) The participant is solely responsible for the correctness of the data provided for participation in the competition (including the relevant data in the participant's Facebook account). All personal information must be true. Otherwise, you can be excluded from the competition according to § 3 (4).
(4) Each participant may only take part in the competition once. Multiple participations are excluded. The organizer reserves the right to exclude participants from the competition in accordance with § 3 (2) in the event of multiple participation.
(5) There is no entitlement to registration for the competition or participation in the competition.
§3 Exclusion from the competition
(1) Employees and relatives of east Hotel & Restaurant GmbH and all subsidiaries / holdings as well as the providers and price sponsors involved are excluded from participation.
(2) In the event of a breach of these conditions of participation, the organizer reserves the right to exclude persons from the competition and not to distribute prizes or to subsequently withdraw and reclaim them.
(3) Persons who use unauthorized aids or otherwise gain advantages through manipulation are also excluded. If necessary, in these cases, prizes can also be subsequently withdrawn and reclaimed.
(4) Anyone who gives false information about himself or herself is also excluded
§4 Implementation and handling of the competition
(1) During the campaign period, participants will be asked a competition question. The participants can choose between given answer options. All prizes are presented on the competition page. The winner (s) will be determined by lot at the end of the promotion period from among all participants who have correctly answered the competition question. In the event that fewer participants have guessed correctly than the prizes available, the remaining prizes will be raffled among all participants in the competition regardless of the answer given.
Opportunities for participation, rules of participation, prize draws etc. that deviate from this competition mechanism will be explained to the participant immediately on the competition entry screen. In such a case - unless otherwise described there - only these deviating regulations apply.
(2) Winners will be notified by email after the competition has ended. The handover of the prizes is then carried out in direct contact between the winner and the prize sponsor in accordance with the following conditions for notification of prizes and forfeiture of prizes in §§ 4 and 5.
If the competition is organized directly on Facebook, the winners will be notified by the organizer via the Facebook profile of the respective winner after the competition has ended. Alternatively, the winners can also be announced after the end of the competition via the organizer's Facebook profile. Each winner must then report within 4 working days after receipt of the notification of the winnings in their Facebook profile or announcement of the winner in the Facebook profile of the organizer via a private message to the organizer's Facebook page with his real name. If a winner does not respond within this period, the prize is forfeited.
(3) The item presented as a prize in the competition is not necessarily identical to the item won. Rather, there may be deviations in terms of model, color, etc. The prize sponsor reserves the right to select an item of medium quality and type as the prize.
(4) The non-cash prizes (with the exception of motor vehicles and travel) will be sent by the prize sponsor or a third party commissioned by him to the postal address specified by the winner by forwarding agency, parcel service or post. The delivery is free of charge in the Federal Republic of Germany. Any additional transport costs and customs duties are to be borne by the winner. The place of performance remains the seat of the award sponsor despite assuming the shipping costs. In the event that the delivery is made via a shipping company, the shipping company will contact the winner to arrange a delivery date. Deliveries are usually made Monday to Friday between 8 a.m. and 6 p.m. The winner must also provide a substitute address in their immediate vicinity to which the prize can be delivered in their absence. If the shipping company does not find anyone at the winner's address or at the replacement address, a message will be left. The winner has to bear the cost of a new delivery himself.
(5) If a vehicle is won, the winner will be named by the award sponsor who is responsible for the handover. If the winner, who is eligible to participate in accordance with § 2 (1), is a minor, attention is drawn to the fact that the consent of the legal guardian is required for admission to the winner. If the vehicle is not picked up within the period specified by the award sponsor or the vehicle dealer, the prize is forfeited. All costs caused by the registration and collection of the vehicle, as well as all other follow-up costs (insurance, taxes, fuel, repairs, etc.) are borne by the winner. The same goes for motorcycles and comparable prices.
(6) In the case of travel wins, the settlement takes place between the winner and the respective award sponsor or a tour operator commissioned by them. There is no entitlement to a specific travel date. If the trip is not carried out on the date or period specified in the competition, there is no longer any entitlement to the prize. With the confirmation of the trip the winner is subject to the travel conditions of the organizer. The journey to and from the starting point of the journey (airport, train station, etc.) is at the expense of the winner, unless otherwise stated in the competition or expressly agreed. The same applies to all private costs that arise during the trip (minibar, telephone, etc.). The value of the trip in the advertising text refers to the most expensive travel time and is therefore subject to seasonal deviations and currency fluctuations, depending on the time at which the trip is made available and used. The winner takes note of this and agrees that a possible difference in value in any form is excluded.
§5 forfeiture of profit
Unless otherwise regulated in these conditions of participation, the winner is obliged to report within four (4) weeks of sending the notification. Otherwise the entitlement to the prize is forfeited. Unless otherwise regulated in these conditions of participation, in these cases a new winner will be determined by lot. Entitlement to the prize also lapses if the prize cannot be transmitted within four (4) weeks after the first notification of the prize for reasons related to the person of the winner. The different deadlines specified in § 4 (5) or (6) apply to vehicle prizes and travel prizes.
§6 Premature termination of the competition
The organizer reserves the right to cancel or end the competition at any time without prior notice and without giving reasons. The organizer makes use of this option in particular if, for technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and / or software) or for legal reasons, proper implementation of the competition cannot be guaranteed. If such a termination is caused by the behavior of a participant, the organizer can demand compensation from this person for the damage incurred.
§7 data protection
(1) If the competition is not organized directly on Facebook, in order to participate in the competition, it is essential to register for the corresponding competition in the competition entry screen by entering various data (hereinafter also referred to as "registration data"). Participation in Facebook competitions is possible via the participant's registered Facebook account.
(2) The organizer collects, processes, uses and stores the participant's data provided during registration for the duration of the competition for the purpose of carrying out and processing the competition and transmits them to the respective award sponsor or the agency responsible for the award sponsor for the aforementioned purpose . The registration data will not be used for other purposes by the organizer or third parties without the participant's express consent.
(3) All personal data of the participants will be processed and used by the organizer in accordance with the statutory provisions. Further information can be found in the data protection provisions.
The participant is free at any time to cancel his registration data by sending a revocation at firstname.lastname@example.org and thus to withdraw from participation.
(1) The organizer is released from all obligations with the fulfillment or delivery of the prize, unless an earlier point in time arises from these regulations.
(2) Claims due to possible material and / or legal defects to the prizes donated by the prize sponsors are to be asserted exclusively against them.
(3) The organizer is not liable for the insolvency of a prize sponsor or the consequences resulting from this for the implementation of the competition.
(4) The organizer is only liable for damages if the damage is due to intent or gross negligence. The organizer is liable for culpable injury to life, limb or health of a natural person even in the case of simple negligence. In addition, the organizer is also liable for the simply negligent breach of a cardinal obligation. Cardinal obligations are those, the fulfillment of which enables the proper execution of the competition and the achievement of the contractual purpose in the first place and compliance with which a competition participant can regularly rely. The above limitation of liability applies in particular to damage caused by errors, delays or interruptions in the transmission of data, malfunctions in the technical systems or the service, incorrect content, loss or deletion of data, viruses or in any other way when using the application. Liability under the Product Liability Act remains unaffected.
(5) In the case of travel wins, the organizer is also not liable for the consequences of a justified change in the travel offer or the justified cancellation of the trip by the tour operator. The possibility of paying out the travel value is excluded.
(1) The judges' decision is final.
(2) The law of the Federal Republic of Germany is exclusively applicable.
(3) Should any of these provisions be or become invalid, this shall not affect the validity of the remaining conditions of participation.
(4) These conditions of participation can be changed by the organizer at any time without separate notification.