Facebook Contest Eligibility Requirements
1. Subject matter of the eligibility requirements and the organiser
(1) These eligibility requirements regulate the conditions for participation in the contest and any necessary transfer of rights. The description and process of the contest take place in the scope of the sweepstakes on the facebook and instagram page of Schmidt & Bender.
(2) The organiser of the contest is Schmidt & Bender GmbH & Co. KG, Am Großacker 42, 35444 Biebertal, Germany.
(3) Participation in the contest entails consent to these eligibility requirements.
(4) The contest has no affiliation with facebook; facebook does not sponsor, support or organise the contest.
(1) All persons who are at least 18 years of age are eligible to participate. Certain export licenses apply depending on the country. Should the winner reside in a country in which such approval is not issued, a substitute price in the form of binoculars shall be provided. The shipping duration can also be delayed depending on the duration of the issued export license. Employees of Schmidt & Bender and affiliated companies and close relations of such employees and their relatives are excluded. Participation with false identification or using the identification of third parties is not permitted.
(2) Persons eligible to participate can participate in the contest by liking (clicking "like") the contest post and the fan page of Schmidt & Bender, submit this appraisal up until selection of the winner and leaving comment under the post. For persons without Facebook: Follow us on Instagram @schmidtandbender and @schmidtandbender.hunting and submit this appraisal up until selection of the winner and leave a comment under the post. (4) Participation is possible until 11. January 2019 23:59, German local time.
3. Prizes and wining notification
(3) If we do not receive any email or message via Messenger from a winner within two weeks, the claim to the prize will be voided. In this case, we are entitled to choose a replacement.
(3) Only one prize per contestant is possible.
(4) The prize is not transferable, and cannot the prize be exchanged or paid out in cash.
(5) Provided that circumstances arise for which we are not responsible, the winner accepts an appropriate substitute prize. Such circumstances for which we are not responsible are, particularly, circumstances arising with the sponsors of the prizes.
(6) The prizes are sent to the winner by post to the specified address. With handover of the prize to a transport person, the risk transfers to the winner. We are not liable for delivery damages.
4. Assignment of usage rights
(1) The contestant guarantees that they are the holder of the necessary rights to the uploaded and/or linked photos. If the contestant is not the sole creator or rights holder, they expressly declare that they have the necessary rights for participation in the contest.
(2) The contestant grants us the following simple, non-exclusive usage rights without limitation in respect to space and time:
• the right to storage of the photo on a server;
• the right to make the photo of the publication partly or wholly accessible via facebook, instagram and our website (particularly www.schmidt-bender.de);
• the right to use the photo to advertise our products;
• the right to edit the photo, wherein the image must not be rendered unfamiliar.
(3) When using the image, we will identify the creator in an appropriate manner, insofar as this is feasible in consideration of the concrete form of use.
(4) By accepting the prize, the winner consents to our use of their name for advertising purposes.
5. Liability and release
(1) Provided that the contestant uploads photos, the contestant guarantees that they will not transfer any content if the provision, publication or use thereof violates applicable law or third-party rights.
(2) The contestant releases us from third-party claims, regardless of the type, resulting from the illegality of photos that the contestant has used. The indemnification also comprises the obligation to fully indemnify the organiser from legal defence costs (e.g. court costs and costs for legal counsel).
(3) By participating in the contest, the contestant releases facebook from any liability.
(1) A breach of these eligibility requirements entitles us to disqualify the relevant contestant from participation. This applies particularly if the contestants provides incorrect information or uses photos or other content (e.g. comments) in violation of applicable law or third-party rights. The same applies to comments which can be considered as glorifying violence or offensive, which can be considered harassment or which violate the public sense of decency in another other manner.
(2) If the disqualified contestant is an already-selected winner, the prize can be retroactively disallowed.
7. Preliminary termination and changes
We reserve the right to terminate the contest partly or wholly at any time, even without observance of termination periods, or to change the course of the competition if it is not possible to guarantee that the contest can be conducted correctly due to technical (e.g. computer virus, tampering or errors in software/hardware) or on legal grounds (e.g. rejection by facebook).
8. Data protection
We are responsible for the collection, processing and use of personal data of contestants, provided that we process said data ourselves. We will use the information about the contestant and their other personal data strictly in the scope of the statutory provisions of data protection law. We will only store, process and used the information in this respect, insofar as it is necessary for implementation of the contest and/or consent of the contestant is given. This also comprises use for exercising the granted usage rights. The data is used exclusively for implementation of the contest and deleted subsequently.
The contestant can demand information about their stored personal data at any time. Our Data Privacy Statement applies accordingly for the remainder; it can be viewed online:
9. Final provisions
(1) Should the eligibility requirements contain invalid regulations, the validity of the remaining requirements remains unaffected.
(2) German law applies. Legal action for review of the winner selection is excluded.