§ 1 Scope
These terms and conditions apply to participation in the Wickey photo competition. For participation in the Wickey photo competition, the following participation conditions apply exclusively and consistently.
§ 2 Competition
(1) The competition is organised by WICKEY GmbH & Co. KG, Franz-Savels-Straße 69, 52538 Gangelt, Germany.
(2) The competition is for a limited time period. The competition begins on 28/07/2023. The competition ends on 20/08/2023 at 24:00. Late submitted entries will not be considered.
(3) Our total prize for the winners is 450 €. The total amount will be divided equally among the winners. Each winner will receive an amount of 150 €.
(4) This competition cannot be combined with other competitions.
§ 3 Participation
(1) Natural and legally competent persons over 18 years of age are eligible to participate. Participating customers must reside permanently in the EU, Switzerland, or the UK. Employees of Wickey GmbH & Co. KG and their family members may not participate.
(2) Only customers of Wickey GmbH & Co. KG are eligible to participate. The condition of participation is the sending of at least one photo of the purchased product to the email address [email protected]. Registration for the competition occurs when the customer has completely filled out the online form for the UGC for sending in photos and/or videos and has sent it to Wickey GmbH & Co. KG by clicking on the "Send" button. The email address with which the participating customer sent the photo to Wickey GmbH & Co. KG must match the email address provided in the online form. This is the only way to ensure proper allocation.
(3) Participants must complete the online registration form for UGC in full and correctly, and send to Wickey GmbH & Co. KG (hereafter termed “registration”). Nicknames, false details, abbreviations or code names are not permitted. Participants must provide truthful, accurate, up-to-date and complete details about themselves (hereafter termed “registration data”). Registration data should be updated by customers as required and notification of any changes must be provided.
(4) Wickey GmbH & Co. KG may exclude the participant from the competition without giving reasons. This is especially true if the participant should provide inaccurate or incomplete registration data. In the case of violation of the participation conditions or reasonable suspicion of such a violation by the participant, Wickey GmbH & Co. KG is entitled to immediately exclude the participant in question. In this case, Wickey GmbH & Co. KG is entitled to refuse the prize and/or request its return as appropriate.
(5) Each participant is only entitled to enter the competition once.
§ 4 Process and procedure
(1) The winners will be determined from all photo entries, which will be selected by a jury according to predefined criteria.The draw will take place on 23/08/2023.
(2) The prize is not transferable.
(3) The winners will be notified by Wickey GmbH & Co. KG of their prize by email on 25/08/2023.
(4) The winners must contact Wickey GmbH & Co. KG within four weeks after notification of the prize has been sent. If the winners do not make contact within four weeks of receiving notification that they have won, the prize will expire without substitute.
(5) The place of execution is the registered headquarters of Wickey GmbH & Co. KG, i.e. Gangelt. Payment of the prize amount of 150 € will be made by bank transfer to the bank account specified by the winner at the time of purchase. If, for reasons pertaining to the participating customer/winner, payment is not possible within two months after notification of the win has been sent, the prize will expire without substitute.
§ 5 Participant data
(1) Participants give their consent for their name to be used and published by Wickey GmbH & Co. KG for marketing purposes in the event that they win the competition.
(2) Participants provide explicit consent for photographs of them to be produced by Wickey GmbH & Co. KG and published online to advertise the competition. Customers agree that these photos, in addition to the name of participants, may be published by Wickey GmbH & Co. KG and passed on to press agencies by Wickey GmbH & Co. KG within the scope of press releases and media coverage regarding the specific competition in question and/or any competitions organised by Wickey GmbH & Co. KG. The consent of participants refers to the publishing of images and customer names in printed media and other media forms. Participants have no right to the publishing of their name or images created. They are not entitled to any kind of remuneration relating to the publishing of such data and images in line with this regulation.
(3) Participants explicitly consent to the saving of their registration data by Wickey GmbH & Co. KG for the duration of the competition and in the case of a prize win for the purposes of sending the prize as well as for publication as per paragraph
§ 6 Rights and obligations of Wickey GmbH & Co. KG
(1) Wickey GmbH & Co. KG does not undertake any checks of registration data.
(2) Wickey GmbH & Co. KG is entitled to terminate the competition at any time. In the event of such termination, participants are not entitled to any reasons or explanations for cancellation. A competition may be cancelled if, for technical or legal reasons, lawful execution of the competition can no longer be guaranteed. If cancellation of the competition is caused by a participant, Wickey GmbH & Co. KG may demand compensation.
(3) In the event of violation of these participation conditions or reasonable suspicion of such violation by a participant, Wickey GmbH & Co. KG is entitled to exclude the participant in question.
§ 7 Liability
(1) Wickey GmbH & Co. KG is liable without limitation for damages caused by Wickey GmbH & Co. KG or by its legal representatives, executive employees or simple vicarious agents as a result of intent or gross negligence.
(2) In cases of slightly negligent breach of only minor contractual obligations, Wickey GmbH & Co. KG is not liable. Otherwise, the liability of Wickey GmbH & Co. KG for damages caused by slight negligence is limited to those damages that can typically be expected to occur within the scope of the service relationship. This also applies in the case of slightly negligent breaches of duty by its legal representatives, executive employees or simple vicarious agents. The liability limitations do not apply in the case of personal injury, injury to health, or the death of the participant, if this can be attributed to WICKEY GmbH & Co. KG.
(3) All information is provided without guarantee. This refers in particular to the publication of the name of the winner.
§ 8 Data protection
(1) Wickey GmbH & Co. KG handles the registration data of the participants confidentially and only makes them available to third parties to the extent that this is permitted by data protection law, is necessary to conduct the competition and award the prize or the registrant consents to this.
(2) Please note that Wickey GmbH & Co. KG processes the participants' personal data electronically. Data is used only to conduct the competition and for promotion pursuant to section 5, unless agreed otherwise.
(3) With the notes on processing of personal data Wickey GmbH & Co. KG informs the participant about the type, scope, duration and purpose of the collection, processing and use of personal data, their right to information free of charge about their personal data stored by Wickey GmbH & Co. KG and their right to the correction, deletion and blocking of this data.
§ 9 Legal recourse
There is no legal recourse.
§ 10 Final provisions
(1) The law of the Federal Republic of Germany applies. For consumers concluding a contract for neither professional nor commercial purposes, these laws shall only apply in as far as protection provided by mandatory provisions of the law in the country in which the consumer usually resides has not been revoked. The provisions of the UN International Sales of Goods Convention (CISG) shall not apply.
(2) If the participant does not have a general place of jurisdiction in Germany or if their place of residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising under this contract shall be the place of business of Wickey GmbH & Co. KG.
(3) If any individual provisions of these conditions of participation become partially or wholly invalid, the validity of the remaining provisions remains unaffected.