Conditions of participation in competitions

Status: March 2023

General conditions of participation for competitions on social media

 

1. Scope

1.1 These terms and conditions apply to competitions that the individual company Marielove - for new momentum represented by Patrick Wernitz (hereinafter “Marielove”) on its social media presence on Facebook, Instagram, Twitter, TikTok etc. (hereinafter “Social Media”) organized, and apply to the respective competition in addition to the special conditions of participation on social media channels. 

1.2 The competitions are carried out under Marielove’s own responsibility. The competitions have no connection to the providers of the social media platforms - Facebook, Instagram or Twitter etc. - and are in no way sponsored, supported or organized by them. All information relating to the competitions is provided exclusively by Marielove as the organizer.

1.3 The prize or prizes advertised in the competition are provided by Marielove.

1.4 Participation in the competitions is only possible subject to these general and special conditions of participation. By participating in the competition, the participant expressly and bindingly accepts these terms and conditions of participation.

2. Participation

2.1 Participation in the competition takes place in accordance with the special conditions of participation, which, for example, determine the participation period and special game rules. Special rules of the game can include liking a post on the social media platform, commenting on it, posting your own post or writing a direct message to Marielove.

2.2 Comments and contributions by the participant may not violate any rights of third parties, in particular personal rights, copyrights, trademark rights. Comments and contributions by the participant may only contain texts, images and videos that the participant has created themselves or for which they have the appropriate permission to use from the person concerned.

2.3 Comments and contributions by the participant must not contain any illegal, especially offensive, pornographic, racist or incitement to hate content. 

2.4 The participant is liable for any legal violations. The participant releases Marielove from all third-party claims, including the necessary costs of legal defense and prosecution.

2.5 The participant is aware that posted texts, images or videos may also be discussed and linked via third parties on social media.

3. Eligibility

3.1 Persons residing in Germany, Austria and Switzerland are eligible to take part in this competition.

3.2 Unless otherwise stated, persons who have reached the age of 18 are also eligible to participate. People under 18 are excluded from participation. 

3.3 Employees of Marielove are excluded from participating in the competition.

3.4 Each participant may only take part in the competition once. It is not permitted to take part in the competition with multiple accounts.

3.5 The participant may not use unauthorized aids or otherwise gain advantages through manipulation.

3.6 If the conditions of participation in this 3rd section are violated, Marielove reserves the right to exclude people from the competition and not to distribute the prize or to subsequently revoke and reclaim it.

4. Implementation and processing of the competition

4.1. The description of the prize can be found in the respective competition or the special conditions of participation on the social media platform. 

4.2 The winner will be chosen by lottery at the end of the participation period from among all participants - unless otherwise stated. 

4.3 Marielove will notify the winner via direct message from the respective social media platform about the prize and will request the winner's correct name and delivery address for shipping the prize. 

4.4 The winner is obliged to provide his/her real name and delivery address to within four (4) weeks of receipt of notification of the prize. The winner is responsible for the accuracy of the data. 

4.5 If the winner does not respond within this period for reasons relating to the winner, the right to the prize will expire. In this case, Marielove will select a new winner from among all other participants by drawing lots. The right to the prize will also expire if the new winner does not contact us with his/her real name and delivery address within four (4) weeks of receiving notification of the prize. 

4.6 The prize will only be sent by Marielove by email, post, parcel service or shipping company to the delivery address or email address provided by the winner. Delivery by post is free within Germany, Austria and Switzerland. The winner must bear any additional transport costs and customs duties themselves. 

4.7 In the event that delivery is made via a shipping company, the shipping company will contact the winner to arrange a delivery date. The winner must also provide a replacement address in his/her immediate area to which the prize can be delivered in his/her absence. If the shipping company does not find anyone at the winner's address or at the alternative address, a message will be left. The winner has to bear the costs of a new delivery themselves.

4.8 The item presented as a prize in the competition is not necessarily identical to the item won. Rather, there may be deviations in terms of model, color or similar. Marielove reserves the right to select an item of medium type and quality as the prize.

4.9 A cash payout, refund, transfer or exchange of the prize is not possible.

5. Early termination of the competition 

5.1 Marielove reserves the right to cancel or end the competition at any time without prior notice and without giving reasons. Marielove can make use of this option in particular if for technical reasons - e.g. force majeure, viruses in the computer system, manipulation or errors in the hardware and/or software - or for legal reasons - e.g. influencing administration, security or integrity - proper execution of the competition cannot be guaranteed. 

5.2 If such termination is caused by the behavior of a participant, Marielove can demand compensation for the damage caused from this person.

6. Data protection

6.1 The personal data, such as the winner's name, email address or delivery address, will only be collected, processed and passed on to the post office, parcel service or shipping company as part of the competition for the purpose of shipping the prize Processing of the competition deleted. 

6.2 Marielove only collects and processes the participant's data transmitted to it to the extent that it is necessary for the implementation and proper handling of the competition. In this respect, Art. 6 Para. 1 Letter b GDPR forms the legal basis for the processing. Further information can be found in our data protection provisions .

6.3 The participant is free at any time to request that Marielove delete his or her data and thus withdraw from participation.

7. Liability

7.1 Marielove will be released from all obligations once the prize has been fulfilled or handed over, unless an earlier point in time arises from these conditions of participation.

7.2 Marielove is only obliged to pay damages if the damage is due to intent or gross negligence. In addition, Marielove is also liable for the simple negligent breach of a cardinal obligation. Cardinal obligations are those whose fulfillment makes it possible for the competition to be carried out properly and the purpose of the contract to be achieved and on whose compliance a participant can regularly rely. The above limitation of liability applies in particular to damages caused by errors, delays or interruptions in the transmission of data, disruptions to the technical systems or the service, incorrect content, loss or deletion of data, viruses or in any other way. Liability under the Product Liability Act remains unaffected.

8. Miscellaneous

8.1 Legal recourse is excluded.

8.2. Only the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

8.3. Should any of these provisions be or become invalid, the validity of the remaining conditions of participation remains unaffected.

8.4. These conditions of participation can be changed by Marielove at any time without separate notice.