Competition conditions
Competition terms and conditions
GENERAL CONDITIONS OF PARTICIPATION FOR COMPETITIONS OF KNETÄ GMBH
Scope of application
1.1 These General Terms and Conditions of Participation for Competitions (hereinafter “GTC”) apply to participation in all competitions organized by KNETÄ GmbH, Heckenweg 36, D-97422 Schweinfurt (hereinafter “KNETÄ GmbH”). The GTC apply in the version valid at the time of use.
1.2 KNETÄ GmbH will draw up special conditions of participation for individual competitions (hereinafter “Special Conditions of Participation”). Insofar as such Special Terms and Conditions of Participation deviate from these GTC, the respective Special Terms and Conditions of Participation shall apply exclusively. By participating in a competition, each participant (in the following, personal designations apply equally to persons of all genders) acknowledges the validity of these GTC and the respective Special Terms and Conditions of Participation.
Eligibility to participate
2.1 Any natural person of legal age may participate. Subject to the relevant legal provisions, minors are entitled to participate if KNETÄ GmbH permits this in the Special Terms and Conditions of Participation and the legal representative consents to participation. Employees of KNETÄ GmbH and of any competition cooperation partner of KNETÄ GmbH, as well as their relatives, are excluded from participation. Participation in paid competitions (within the meaning of the competition regulations of the state media authorities) is only permitted from the age of 14. Participation in paid sweepstakes programs (as defined by the sweepstakes statutes of the state media authorities) is generally only permitted from the age of 18.
2.2 Multiple participation per person is possible.
2.3 Participation via competition agencies or other third parties who register the participant for a large number of competitions is excluded.
3 Methods of participation
3.1 KNETÄ GmbH generally offers the following ways of participating in competitions. The available entry methods are always specified in the respective Special Terms and Conditions of Participation. KNETÄ GmbH shall decide on the available entry methods for a competition at its own discretion.
a. Competition entry via website/app form: Participation may be via forms located on www.knetae.de and/or other KNETÄ GmbH websites and/or apps. Unless otherwise stipulated in the Special Terms and Conditions of Participation, participation in the competition via the website/app form is free of charge; participants must only bear the costs associated with participation via the Internet (transmission costs of the respective mobile phone or Internet provider). The recorded time of receipt of the participation by KNETÄ GmbH or the service provider commissioned by KNETÄ GmbH shall apply to the timeliness of receipt of each participation.
b. Competition participation via social media platform: Participation in a competition organized by KNETÄ GmbH on a KNETÄ GmbH social media channel (hereinafter “Social Media Competition”) can only take place via the Internet and requires the participant to register on the respective social network (e.g. Facebook or Instagram) on which the Social Media Competition takes place. Unless otherwise stipulated in the Special Terms and Conditions of Participation, participation in the competition via the social media platform is free of charge; participants must only bear the costs associated with participation via the Internet (transmission costs of the respective mobile phone or Internet provider). By participating in the social media competition, the participant also accepts the applicable terms of use of the respective social network. Competitions organized by KNETÄ GmbH on social media platforms (such as Facebook or Instagram) are the sole responsibility of KNETÄ GmbH in relation to the respective social media platform provider, are in no way connected to it and are in no way sponsored, supported or organized by the respective social media platform provider. All questions, comments and complaints in connection with a KNETÄ GmbH social media competition should not be addressed to the respective social media platform provider, but directly to KNETÄ GmbH. By participating in the social media competition, participants acknowledge that they do not acquire any claims against the social media platform provider if they participate in the competition.
c. Competition entry by postcard: The sufficiently stamped postcard should be sent to: KNETÄ GmbH, competition “(title)”, Heckenweg 36, D - 97422 Schweinfurt. Unless otherwise stipulated in the Special Terms and Conditions of Participation, participation in the competition by postcard is free of charge; participants must only pay the postage costs of the postcard.
d. Participation in competitions at events: Participation at events may also be possible by filling in a competition card, which must then be placed in the competition box located at the event location in good time before the closing date. Unless otherwise stipulated in the Special Terms and Conditions of Participation, participation in the competition at events is free of charge.
3.2 To participate in a competition, the name of the participant must be truthfully stated as well as other personal data that is necessary for the respective competition to determine the winner and to transmit a potential prize, such as the participant's address, e-mail address and/or telephone number and, if applicable, the title of the competition and its resolution. It may also be necessary to provide bank details in order to be able to pay out any winnings.
3.3 Competition forms and competition (post) cards must always be completed correctly, taking into account the respective competition task/question and the required information in accordance with section 3.2; competition entries (e.g. postings) on social media platforms for participation in a KNETÄ GmbH social media competition must also be properly drafted in accordance with the respective competition task/question. If the competition task requires the correct answer to a competition question, the winners will only be determined among the participants who have answered the competition question correctly.
3.4 If the participant posts a social media contribution (e.g. comment) as part of his/her participation in a KNETÄ GmbH social media competition, he/she agrees by posting that the KNETÄ GmbH social media channel on which the competition takes place will link to the social media profile via which he/she participated in the competition. As a result, all visitors to the respective KNETÄ GmbH social media channel and - depending on the privacy settings in the participant's profile - the visitors to the participant's social media profile will be able to see that he or she has taken part in the respective KNETÄ GmbH social media competition. The respective social media profile name of the participant and - depending on the privacy settings in the participant's profile - other information will also be visible to third parties.
3.5 The entitlement to participate in the competition ends at the end of the respective participation period. If the entry period expires on a Sunday or public holiday, the last working day (not Saturday) before the day on which the entry period expires shall apply in the case of competitions by postcard.
4 Premature termination and exclusion
4.1 KNETÄ GmbH reserves the right to cancel or terminate a competition at any time for good cause and while safeguarding the legitimate interests of the participant. This applies in particular if proper implementation cannot be guaranteed for technical or legal reasons. In such a case, the participants are not entitled to any claims against KNETÄ GmbH.
4.2 KNETÄ GmbH reserves the right to exclude participants from taking part in the competition. This applies in particular in the event of violations of the conditions of participation or if participants use manipulation or other dishonest means. KNETÄ GmbH may also pronounce such an exclusion retrospectively, revoke prizes and reclaim them.
5 Determination and notification of the winner
5.1 The winners will be determined by KNETÄ GmbH, its employees, vicarious agents or authorized third parties. Legal recourse is excluded.
5.2 Unless otherwise stipulated in the Special Terms and Conditions of Participation, the winner will be determined as follows:
a. Draw: In the case of competitions in which the winner is determined by means of a draw, a random draw will be held among all registered participants who meet the requirements set out in the Special Terms and Conditions of Participation and these GTC. Depending on the competition, registrations can be made via website/app forms, social media channels, postcards or competition cards, for example.
b. Jury decisions: If the winner is determined by a jury decision (e.g. as part of a handicraft competition), this will be made at the discretion of the respective jury appointed by KNETÄ GmbH from among all registered participants who meet the requirements set out in the Special Terms and Conditions of Participation and these GTC. Depending on the competition, registrations can be made e.g. via website/app forms, social media channels, postcards or competition cards.
c. Live competitions: If the participant has been identified as a potential winner for a live competition in which it is intended that the winner will, for example, be placed directly on a program or the live prize resolution is otherwise an essential part of the competition itself (as may be the case with event competitions, for example), KNETÄ GmbH will make a one-off attempt to contact the participant via the notification channel specified in each case or the contact details provided. If this is unsuccessful, another winner will be selected from the remaining participants in accordance with the applicable determination procedure within the meaning of section 5.2.a., 5.2.b.. In this case, the participant has no claim to the prize. It is the sole responsibility of the participant to be available in accordance with the conditions of the individual competition.
5.3 In the case of paid competitions, the distribution of prizes to persons under the age of 14 is excluded. In the case of paid competitions, prizes may not be distributed to persons under the age of 18.
5.4 Unless otherwise stipulated in the respective Special Terms and Conditions of Participation, the participants determined as winners will be notified by telephone, e-mail or post after the closing date for entries. If KNETÄ GmbH does not yet have all the personal data required to process the prize, participants will be asked to provide this when they are notified of the prize. In the context of a KNETÄ GmbH social media competition, the winner will be notified after the closing date for entries by posting a comment on the respective original competition post (i.e. the respective comment) of the participants determined as winners; they will be asked to send a personal direct message to the respective KNETÄ GmbH social media profile in the social network in which the respective social media competition is organized and to provide KNETÄ GmbH with the personal data required for processing the prize. In the case of event competitions, the prize notification can also take place live during the event (possibly in front of an audience). If KNETÄ GmbH knows the address of a determined participant, KNETÄ GmbH reserves the right to send the prize directly with the notification.
5.5 Each participant notified in accordance with clause 5.4. is obliged to inform KNETÄ GmbH within one week at the latest whether he/she accepts the prize. If KNETÄ GmbH does not receive such notification within one week, the possibility of accepting the prize shall lapse and KNETÄ GmbH reserves the right to select another participant from the remaining participants as the winner and to notify them accordingly. The same applies if a participant determined as the winner in a social media competition or other KNETÄ GmbH competition does not contact KNETÄ GmbH within one week of KNETÄ GmbH's request in accordance with Section 5.4 and provide KNETÄ GmbH with the data required to process the prize. In the case of event competitions in which the notification of the prize takes place live during the event (possibly in front of an audience), the possibility of accepting the prize is generally forfeited if the winner is not present to receive their prize at the time of the live notification; KNETÄ GmbH reserves the right to immediately determine another participant as the winner and to notify them accordingly. The participant originally determined in accordance with section 5.4. has no claims for compensation in this respect.
5.6 Notification and transfer of the prize will generally take place no later than four weeks after the closing date of the competition.
6 Winning and transfer of the prize
6.1 A description of the prize is provided in the respective Special Terms and Conditions of Participation. The prize presented in the Special Terms and Conditions of Participation, if applicable, is not necessarily identical to the item to be won. Deviations are possible, particularly in the model, color and features, etc.
6.2 If, for whatever reason, the prize cannot be made available, KNETÄ GmbH reserves the right to award a substitute prize of equal or higher value.
6.3 The prize is only valid to the extent specified by KNETÄ GmbH. Postage costs for sending the prize abroad are not included. Any (consequential) costs incurred by the winner during and/or through the use of the prize - e.g. for travel, accommodation, maintenance or taxes - are only included if this has been expressly stated in the Special Terms and Conditions of Participation.
6.4 In the case of non-cash prizes, cash payment of the prize value or exchange of the prize is excluded. If the prize cannot be claimed by the winner (e.g. due to the passage of time), it will be forfeited without substitution. The prize is non-transferable.
6.5 The prize will always be sent by KNETÄ GmbH, unless a cooperation partner of KNETÄ GmbH has provided the prize. In this case, the prize may be transferred directly by the cooperation partner.
7 Granting of rights to participant contributions / responsibility for participant contributions
7.1 If participation requires the submission of photographs, texts, comments or other contributions or materials (e.g. for craft competitions) (hereinafter collectively referred to as “material”), each participant warrants that he/she is the sole owner and holder of all rights of use and exploitation of the submitted material. By submitting the Material, each participant grants KNETÄ GmbH ownership and comprehensive rights of use, including sublicensable rights, to the submitted Material, in particular to reproduce, distribute, broadcast (including multiple broadcasts) and make available to the public without restriction in terms of time, content and territory, irrespective of the type of transmission and medium, as well as to edit and combine with other content, even if the above uses are for advertising and promotional purposes, unless the participant objects to this grant in writing when submitting the Material. The aforementioned rights are granted free of charge. After the end of the competition, KNETÄ GmbH is entitled to destroy/delete any material sent in.
7.2 The above granting of rights in accordance with Section 7.1. shall apply accordingly to any live broadcasts and recordings of telephone calls with participants which may be made in accordance with the Special Terms and Conditions of Participation of a specific competition in connection with the specific competition.
7.3 KNETÄ GmbH accepts no liability for any material and statements sent in by the participant (in particular in connection with live broadcasts within the meaning of section 7.2), irrespective of liability for intent or gross negligence.
7.4 The material submitted and any statements made by the participant (in particular in connection with live broadcasts within the meaning of section 7.2) must not contain hatred or discrimination based on gender, ethnic origin, nationality, religion and belief, disability, age, sexual orientation or convey these as worthy of imitation and/or approval. Submitted material and any statements made by the participant (in particular in connection with live broadcasts within the meaning of section 7.2.) may not depict or trivialize violence, human suffering, obscenity, pornography, incitement to hatred and/or extremist ideas or convey this as being worthy of imitation and/or approval; be of a political, ideological or religious nature, contain false factual claims or content that is offensive, defamatory or otherwise infringes personal rights or intellectual property rights of third parties.
7.5 The participant is solely responsible for the material he/she transmits and the statements he/she makes. The participant shall indemnify KNETÄ GmbH against all claims by third parties due to infringements of rights by the material submitted and the statements made by the participant. The participant shall bear the costs of KNETÄ GmbH's legal defense in the amount of the statutory provisions, insofar as the participant is responsible for the infringement. The participant is at liberty to provide evidence of a lack of culpability or lesser damage.
8 Limitation of liability and warranty
8.1 KNETÄ GmbH shall be released from all obligations upon fulfillment or delivery of the prize, unless an earlier point in time results from these regulations.
8.2 Claims due to possible material and/or legal defects in the prizes provided by KNETÄ GmbH's cooperation partners must be asserted exclusively against them. The same applies to claims due to possible material and/or legal defects in the services provided by third-party service providers as part of the prize redemption; these are to be asserted exclusively against the respective service provider.
8.3 KNETÄ GmbH shall not be liable for the insolvency of a cooperation partner or service provider within the meaning of section 8.2. and the consequences thereof for the execution of the competition.
8.4 KNETÄ GmbH shall only be liable for damages if the damage is due to intent or gross negligence. KNETÄ GmbH shall also be liable for culpable injury to life, limb or health of a natural person in the event of simple negligence. In addition, KNETÄ GmbH shall also be liable for the merely negligent breach of a material contractual obligation. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the competition and the achievement of the purpose of the contract and on whose compliance a competition participant may regularly rely. The above limitation of liability applies in particular to damages caused by errors, delays or interruptions in the transmission of data, malfunctions of the technical equipment or service, incorrect content, loss or deletion of data, viruses or in any other way during participation in the competitions. Liability under the Product Liability Act remains unaffected.
8.5 Travel prizes and prizes from services provided by other service providers are generally processed via the respective service provider and are subject to availability restrictions. As a rule, they can only be claimed after consultation with the respective service provider and within periods specified by the service provider. The General Terms and Conditions of the respective service provider apply to the prizes and their redemption. The possibility of paying out the value of the trip/benefit is excluded.
8.6 KNETÄ GmbH shall not be liable for the consequences of a justified change to the travel or service offer or the justified cancellation of the trip or non-provision of the service by the respective service provider within the meaning of Section 8.5.
9 Data protection
9.1 In order to carry out competitions, it is essential that the participant is asked for personal data when registering for the competition and, if necessary, additionally as part of the prize processing. Personal data includes, for example, the name, address, e-mail address, telephone number, bank details and age of the participant, without the knowledge of which, for example, winners cannot be determined and prizes cannot be sent or made available. When participating in a competition organized on a KNETÄ GmbH social media channel, it may also be possible to participate via the participant's registered social media channel.
9.2 In addition, further data may be collected in individual competitions, e.g. by answering competition questions or interviews with participants in which they describe personal experiences. This information may then be recorded as part of the competition, e.g. during a telephone call for the purpose of competition notification, and broadcast on the radio, for example. Details on this can be found in the special conditions of participation for the specific competition.
9.3 Data that is not required for the implementation of the competition will only be collected with the additional prior consent of the participants. Consent will also always be obtained for participating minors via a parent or legal guardian of the minor.
9.4 KNETÄ GmbH shall use the data provided during registration and, if applicable, additionally in the context of prize processing only for the purpose of carrying out and processing the respective competition and, if necessary, shall transmit it for the aforementioned purpose to cooperation partners, service providers commissioned with the execution of the competition or service providers involved in prize processing, such as shipping companies or other partners in prize processing. The data will not be used for other purposes by KNETÄ GmbH or third parties without the express consent of the participant. The data will be deleted after the competition has been completed and the statutory retention periods have expired.
9.5 KNETÄ GmbH points out that it may be legally obliged to record the personal data transmitted during participation. KNETÄ GmbH may also be obliged to store this data for a period of time after the end of the competition and, if necessary, to disclose it to the responsible supervisory authorities. Competition participants acknowledge that KNETÄ GmbH may be required by law to publicly disclose the names of winners. Where possible, KNETÄ GmbH will only do so in an abbreviated form. In principle, the publication of the winners' names on radio, television, social media channels, websites, events or in KNETÄ GmbH apps may also be necessary for the participation and implementation of the competition. In this case, this results from the special conditions of participation of the specific competition.
9.6 All personal data of the participants will be processed and used by KNETÄ GmbH in accordance with the statutory provisions. The processing of personal participant data is carried out for data required for the execution of the competition on the basis of Art. 6 para. 1 lit. b GDPR and for all data collected with the consent of the participants on the basis of Art. 6 para. 1 lit. a GDPR.
9.7 If participation in a competition or the announcement of the winners takes place via the social media channels of KNETÄ GmbH, reference is also made to the data protection provisions of the respective social media platform providers.
9.8. GENERAL DATA PROTECTION INFORMATION:
The participant has the right a) to request information (Art. 15 GDPR) about the personal data processed by KNETÄ GmbH; b) to request rectification, erasure or restriction (Art. 16-18 GDPR) of the processing of their personal data; c) to receive personal data that the participant has provided to KNETÄ GmbH in a structured, commonly used and machine-readable format or to request transmission to another controller (Art. 20 GDPR). The participant can send such requests to the above-mentioned address of KNETÄ GmbH or to love@knetae.de. The participant also has the right to lodge a complaint with a supervisory authority, in particular with the authority of his/her usual place of residence or the registered office of KNETÄ GmbH (Art. 77 GDPR).
KNETÄ GmbH has appointed a data protection officer who can be contacted at the above-mentioned address of KNETÄ GmbH and at love@knetae.de.
Further information on data protection at KNETÄ GmbH can be found in the data protection declaration on the KNETÄ GmbH website.
10 Miscellaneous
10.1 KNETÄ GmbH reserves the right to change or correct the conditions of participation, within the scope of what is legally permissible and while safeguarding the legitimate interests of the participant, in particular to adapt them to changes in the legal framework.
10.2 The law of the Federal Republic of Germany shall apply to the conduct of competitions by KNETÄ GmbH. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the country in which the participant as a consumer has his habitual residence, remain unaffected.
10.3 Should any of the above provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions.
Status: January 2024
End of the General Terms and Conditions of Participation for Competitions of KNETÄ GmbH