General terms and conditions of participation
These terms and conditions of participation shall apply to any and all prize draws and competitions on www.velivery.com and all of Velivery GmbH & Co. KG’s social media channels; they regulate how said prize draws and competitions are to be conducted - to the extent that no explicitly stated separate terms and conditions of participation apply.
Organizer of the prize draws is Velivery GmbH & Co. KG, Ernst-Hanauer-Straße 5, 92507 Nabburg, Germany.
1. TERMS AND CONDITIONS OF PARTICIPATION
Unless otherwise stated in the prize draw in question, the only persons permitted to participate in the prize draw shall be natural persons resident in Germany who are aged 18 or over. Velivery GmbH & Co. KG staff, businesses affiliated with Velivery GmbH & Co. KG, and staff of cooperation partners of Velivery GmbH & Co. KG who are/were involved in organizing the prize draw shall be excluded from participating.
Unless otherwise stated, each participant may only enter the prize draw once.; Neither automated mass participation procedures nor syndicates shall be admissible.
2. PRIZE DRAW DETAILS
Details of the prize draw such as participation period, conditions of participation, nature of participation, nature and, if applicable, details of the prize, shall be stated by Velivery GmbH & Co. KG on the relevant prize draw webpage.
3. ARRANGEMENT OF THE PRIZE
The prize shall either be sent to the postal address stated by the participant, or the winner or winners shall be contacted via the email address provided upon entry after the conclusion of the prize draw and informed of their prize, arrangement of the prize and, if applicable, what the necessary next steps are (such as providing a postal address or sending back required documents). In the case of prize draws which take place via third party pages such as Facebook or Twitter, the participants shall be informed by way of a relevant comment underneath their comment, or by way of a post.
If it is not possible to contact the winner or if the next steps are not taken before a certain period of time has elapsed (within 30 days, unless otherwise specified), Velivery GmbH & Co. KG may determine a new winner. In such an event, the original winner shall no longer be entitled to the prize.
Recourse to the courts is excluded.
The prize cannot be paid out in cash, and is non-transferable.
The prize object presented in connection with the prize draw and the actual prize object shall not necessarily be identical. Variations (for example in terms of color, model etc.) may occur. Furthermore, Velivery GmbH & Co. KG reserves the right, if necessary, to select as the prize another prize object of equal value to that prize object which was presented. Prizes shall be delivered exclusively to those countries of residence permitted in the prize draw. Deliveries cannot be effected to Packstations.
In the event that a journey is won as a prize, arrangement of the prize shall take place between the prize draw winner and Velivery GmbH & Co. KG and/or an agency or tour operator instructed by Velivery GmbH & Co. KG. No claim may be asserted with respect to specific travel dates. Furthermore, a claim may no longer be asserted with respect to a prize in the event that the journey is not (or cannot be) conducted on the prescribed date or during the prescribed period for reasons attributable to the winner. If the winner confirms that he will embark on the journey, he shall be subject to the terms and conditions of travel of the tour operator. The cost of travel to and from the journey’s starting point (e.g. train station, airport etc.) shall be borne by the prize draw winner, to the extent that nothing else has been stated as part of the prize draw or has been agreed on explicitly. This shall also apply to all private expenses which may be incurred during the journey (telephone, minibar etc.).
In the event of items such as event tickets being won as prizes, the journeys to and from the event shall not be included, and neither shall private expenses which may be incurred during attendance of the event.
The entitlement to the prize shall lapse if, for reasons attributable to the winner, it is not possible for the prize to be delivered within 30 days of the first prize notification being sent.
5. INDEMNITY, RIGHTS OF USE AND RESPONSIBILITY
If a prize draw or competition involves the submission of entries of a creative nature such as images, photos, videos or texts, the following terms and conditions of participation shall apply:
(1) Velivery GmbH & Co. KG shall not be obliged to check content submitted by participants for possible third-party rights violations; it shall, however, have the right to reject certain content if, in its proper estimation, said content is unlawful or unethical, or if there is a risk that, in contravention of the declaration below, the rights of third parties are being violated.
By uploading content such as images and texts, the participants in the prize draw declare that no third parties have any rights to said content, and that the content is theirs or that they have sought permission from the original authors and - in the event that images are involved - from any persons depicted in the images. By uploading, they also declare that the persons depicted are at least 16 years old.
In doing so, the prize draw participants hold Velivery GmbH & Co. KG harmless from any and all third party claims which have come about due to the content which is being/was made available - and declare themselves willing to support Velivery GmbH & Co. KG in every way that can reasonably be expected of them in countering such claims.
(2) The prize draw participants hereby declare that, in the context of the prize draw, the arrangement thereof and the promotion relating thereto, for example during the draw itself, the arrangement of the prize, and when presenting participants’ submissions in online media (for example on the website or on Facebook) and offline media (for example print media), and by way of all known types of use, Velivery GmbH & Co. KG may disseminate and use the submissions and make them accessible to the public and third parties in all other ways. In this context, it shall be permitted for Velivery GmbH & Co. KG to edit the content submitted and, if necessary, to grant third parties rights of use to said content. Said granting of rights of use shall also encompass the possibility of the image material being made available online where it can be accessed by third parties, and the possibility of it being archived. Said granting of rights shall occur free of charge and shall not be limited geographically, in terms of time, or be subject to any other limitations in terms of content.
(3) Prize draw participants consent to the usual naming of names in relation to prize draws, for example routinely in abbreviated form in a list of winners, and in the case of use of third-party platforms for performance, in accordance with, for example, the user settings which the prize draw participant has on said platform. Prize draw participants shall waive any entitlement they may have to have their full names stated in conjunction with their prize draw entries, and shall waive the right to recognition of authorship as set out in Section 13 of the German Act on Copyright and Related Rights (Urheberrechtsgesetz – UrhG) in conjunction with their prize draw entries.
6. FUNCTIONING AND AVAILABILITY OF THE PRIZE DRAW
Neither the functioning nor the availability of the prize draw can be guaranteed. Velivery GmbH & Co. KG reserves the right, taking into account the respective legitimate interests of participants and organizer, to suspend, modify or, for good cause, to call off the prize draw at any time, even without giving prior notice. Velivery GmbH & Co. KG shall inform the participants about measures of such a nature immediately. The prize draw may, in particular, be called off for good cause in the event that for technical reasons, it can no longer be guaranteed that it will be possible to carry out the prize draw properly. The same applies in the event of circumstances outside the control of Velivery GmbH & Co. KG, such as changes to regulations made by third-party platforms being used, such as Facebook. Participants in the prize draw shall not be able to derive the right to assert any claims from such circumstances.
Notwithstanding the other statutory requirements for asserting a claim as set out in this section, the following liability exclusions and limitations shall apply in the event of the organizer being liable for damages:
The organizer shall bear unlimited liability to the extent that the cause of the damage was intentional or due to gross negligence. Furthermore, the organizer shall be liable for violations, as a result of minor negligence, of material obligations, the violation of which endangers the fulfilment of the purpose of the contract; or for the violation of obligations the fulfilment of which make it possible for the prize draw to be conducted properly in the first place, and in the performance of which the contractual partners may normally trust. In such a case, however, the organizer shall only be liable for foreseeable damages of a nature which is typical for the contract. The organizer shall not be liable for violations, due to minor negligence, of obligations other than those specified in the sentences above.
The liability limitations above shall not apply in the event of injury to life, physical integrity or health, for a defect following the acceptance of quality guarantees for the quality of a product, or for defects which have been concealed maliciously. Liability in accordance with the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
To the extent that the liability of the organizer is excluded or limited, this shall also apply to the personal liability of employees, representatives and agents of the organizer.
7.A ADDITIONAL EXCLUSION OF LIABILITY FOR DEFECTS IN RELATION TO TRAVEL
In the event of journeys won as prizes where Velivery GmbH & Co. KG is the tour operator, and the winner has provided a genuine quid pro quo such as the submission of a text, song, photo or video, the following shall apply in addition to point 7:
The contractual liability of Velivery GmbH & Co. KG for types of damage which are not physical injuries shall be limited to the price of the journey multiplied by three -
- to the extent that damage caused to participants was not caused intentionally or as a result of gross negligence on the part of Velivery GmbH & Co. KG
- to the extent that Velivery GmbH & Co. KG is only responsible for damage incurred to the traveler as a result of the fault of a service provider (such as a hotel or airline).
Velivery GmbH & Co. KG shall not be liable for instances of defective performance, personal injury or damage to property which occur in conjunction with services which are merely procured as third-party services, if it is recognizable to the traveler that said services are not a part of the travel services provided by Velivery GmbH & Co. KG. This shall not apply, however, if the damage was incurred to the traveler as a result of the violation of obligations of the organizer to inform, notify and organize.
Solely for the purposes of clarification, we hereby draw your attention to the fact that liability of Velivery GmbH & Co. KG is, in any case, excluded for defects in relation to travel to the extent that Velivery GmbH & Co. KG is not presenting itself as a tour operator (that is to say, not putting together a collective unit of travel services under its own responsibility, but rather solely procuring a contract with a third-party tour operator or where the winner did not have to submit any performance worthy of mention in order to be able to participate in the prize draw).
8. DATA PROTECTION INFORMATION
Please note the data protection declaration and data protection information of Velivery GmbH & Co. KG. Velivery GmbH & Co. KG collects and uses the personal data of the prize draw participants only to the extent that they have consented to this, or to the extent that this is allowed in accordance with the law for other reasons. More information in this regard can be found in the specific terms and conditions of participation of the prize draw in question, as well as in Section 5 Subsection 3 of these terms and conditions of participation.
9. CONDITIONS OF AND INSTRUCTIONS FROM THIRD-PARTY PLATFORMS
To the extent that the prize draw or competition is offered via a third-party platform such as Facebook, Google Plus or Twitter, the following terms and conditions of participation shall apply:
The relationship between Velivery GmbH & Co. KG, the prize draw winners and the third-party platform shall be determined by the data protection regulations and the terms and conditions of participation of the platform operator (such as https://de-de.facebook.com/privacy/explanation and http://www.facebook.com/terms.php).
The participants in the prize draw or competition may not assert any claims with respect to the third-party platform which arise within the context of participation in the prize draw or use of the prize draw application.
The participants in the prize draw acknowledge that neither the prize draw nor the prize draw application is supported, sponsored or organized by the third-party platform, or is affiliated with the third-party platform.
Data and information collected or transmitted by way of participants’ participation in the prize draw or use of the prize draw application are made available to Velivery GmbH & Co. KG and not to the third-party platform.
All information and enquiries with regard to the prize draw are to be addressed to Velivery GmbH & Co. KG zu richten – and not to the third-party platform.
10. OTHER LEGAL INFORMATION
Velivery GmbH & Co. KG reserves the right to exclude from the prize draw persons who obtain advantages for themselves by way of manipulation, or who make use of forms of help which are not allowed. In such cases, Velivery GmbH & Co. KG may also exclude persons from the prize draw subsequently, strip them of their right to prizes, or demand that such prizes be returned.
In the event that individual provisions of these terms and conditions of participation are ineffective, this ineffectiveness shall not affect the effectiveness of the remaining terms and conditions.
The law of the Federal Republic of Germany shall apply. In the event that a participant has his habitual residence in another country within the European Union at the time of registration for the prize draw, the application of mandatory law provisions of that country shall remain unaffected by the choice of law stated in the previous sentence.