1. Subject to the Terms and Conditions and Organizer
(1) These terms and conditions govern the conditions for participation in the competition as well as any necessary rights transfers. The description and procedure of the respective competition will be provided within the scope of the respective competition campaign on Matabooks’ social media channels (Instagram, Facebook, Twitter, and LinkedIn).
(2) The organizer of the competition is Matabooks, Kay Hedrich, Enderstraße 94, 01277 Dresden.
(3) By participating in the respective competition, these terms and conditions are accepted.
(4) The competition is not affiliated with Instagram, Facebook, Twitter, or LinkedIn. It is neither sponsored, supported, nor organized by Instagram, Facebook, Twitter, or LinkedIn.
2. Participation
(1) All individuals who have reached the age of 18 and have their place of residence in Germany are eligible to participate in the competition. Employees of Matabooks and affiliated companies, as well as their relatives, are excluded from participation. Participation with fake identities or the identities of third parties is not allowed.
(2) Eligible participants can participate in the competition by liking the competition post (“liking”) and keeping this evaluation until the winners are selected.
(3) Additionally, the Matabooks channel must be subscribed to.
(4) Furthermore, a comment must be left under the post that adheres to the conditions described in the post text of the respective competition.
(5) Participation is time-limited and specified in the respective post description of the competition.
3. Prizes and Prize Notification
(1) The winners will be selected by employees of Matabooks from all eligible participants after the end of the participation period. The winners will be asked to provide personal data accurately and truthfully via Instagram message. This information is required for the delivery of the prize.
(2) If no message is received from a winner within 48 hours, the claim to the prize expires. In this case, we are entitled to carry out a substitute drawing.
(3) Only one prize is possible per participant.
(4) The prize is neither transferable nor can it be exchanged or paid out in cash.
(5) If circumstances arise that we are not responsible for, the respective winner accepts a reasonable substitute prize. Such circumstances that are not our responsibility are, in particular, those that lie with the sponsors of the prizes.
(6) The prizes will be sent to the winner by mail to the provided address. The risk passes to the winner upon handover of the prize to a carrier. We are not responsible for delivery damages.
4. Grant of Usage Rights
(1) The participant guarantees to be the owner of the necessary rights to the uploaded or linked photos. If the participant is not the sole author or rights holder, he/she explicitly declares to have the necessary rights for participating in the competition.
(2) The participant grants us the following simple, unlimited, but non-exclusive usage rights to the photo used by him/her:
> The right to store the photo on a server.
> The right to make the photo accessible to the public, in whole or in part, via Instagram and our websites (in particular, matabooks.de and shop.matabooks.de).
> The right to use the photo for the promotion of our products.
> The right to edit the photo, provided that the image is not distorted.
(3) We will appropriately attribute the author when using the image, to the extent feasible considering the specific form of use.
(4) By accepting the prize, the winner agrees that we may use his/her name for promotional purposes.
5. Liability and Indemnification
(1) If the participant uploads photos, he/she guarantees not to submit any content whose provision, publication, or use violates applicable law or the rights of third parties.
(2) The participant indemnifies us from any claims by third parties of any kind arising from the unlawfulness of photos used by the participant. The indemnification obligation also includes the obligation to fully indemnify the organizer from legal defense costs (e.g., court and attorney fees).
(3) By participating in the competition, the participant releases Instagram, Facebook, Twitter, or LinkedIn from any liability.
6. Exclusion
(1) Violation of these terms and conditions entitles us to exclude the respective participant from participation. This particularly applies if the participant provides false information or if the used photos or other content (e.g., comments) violate applicable law or the rights of third parties. The same applies to comments that may be considered as glorifying violence, homophobic, racist, offensive, harassing, or derogatory, or otherwise violate social norms.
(2) If the excluded participant is an already drawn winner, the prize can be retrospectively revoked.
7. Premature Termination and Changes
We reserve the right to prematurely terminate the competition in whole or in part at any time, even without complying with deadlines, or to modify its course if it is not possible to guarantee proper execution of the competition for technical reasons (e.g., computer virus, manipulation of or errors in software/hardware) or legal reasons (e.g., prohibition by Facebook).
8. Data Protection
We are responsible for the collection, processing, and use of the personal data of the participants, provided that we process them ourselves. We will use the participant’s personal information and other personal data only in accordance with the legal provisions of data protection law. We will only store, process, and use the information to the extent necessary for the execution of the competition or if the participant has given consent. This also includes the use for exercising the granted usage rights. The data will be used exclusively for the execution of the competition and will be deleted afterward.
The participant can request information at any time about the data stored about him/her. Furthermore, our privacy policy applies accordingly, which can be accessed at Datenschutzerklaerung on the Shop website.
9. Final Provisions
(1) Should the terms and conditions contain ineffective provisions, the effectiveness of the remaining provisions shall remain unaffected.
(2) German law applies. There is no legal recourse for reviewing the drawing.