Terms and conditions of participation for the Ultimate Guard® competition of heo GmbH

1. Organiser

(1) These terms and conditions of participation govern the conditions of participation in the competitions and, where applicable, the necessary transfers of the rights to the various prizes. The description and the procedure of the respective competition takes place in the context of the respective competitionactivities on the website https://ultimateguard.com/en/ and / or the social media channels of Instagram, Facebook, Twitter etc.:

https://www.instagram.com/ultimateguard/

https://www.facebook.com/UltimateGuardProtection/

https://twitter.com/UltimateGuard

(2) The organiser of the competition is Ultimate Guard, etc., a registered trademark of heo GmbH, Gewerbepark West 12-14, 76863 Herxheim, Germany.

2. Participation

(1) Participation is only possible via the internet. Participation in no way depends on the regular purchase of services, products and articles of heo GmbH. Participation is possible within the times stated in the competition, or until a certain time determined at the latest.

Furthermore, the competition is not affiliated in any way with Facebook or any other social media channels and is in no way sponsored, supported or organised by them.

(2) To participate in the draw, at least the data specified by the form as mandatory must be indicated. The responsibility for the accuracy, completeness and any changes to this data, in particular the address and the e-mail address, lies with the participant.

(3) By participating in the competition, the participant agrees to these rules of the competition.

(4) Participation in the raffle is possible from 30.10.2020 (00:00:00, Central European Time) until 01.11.2020 (23:59:00, CET). The closing date for entries is thus 01.11.2020 at 23:59:00 (Central European Time).

(5) Eligible participants according to Clause 3 may take part in the competition by liking the competition posting and leaving this rating in any case until the winners have been selected and by following the contest conditions in the post.

3. Persons eligible to participate

All adult natural persons worldwide are eligible to participate. Employees, authorised representatives, legal successors and agents of heo GmbH as well as affiliated companies within the meaning of Sections 15 et seq. of the Stock Corporation Act (AktG) are not eligible. Participation with fake identities or with identities of third parties is not allowed.

4. Prize, determination of prizes and notification of winners

(1) Among all eligible participants, we will raffle the items specified in the social media posting:

- Participant: 1 Arkhive 800+, 1 Boulder, 1 Play-Mat, 1 Twin Flip'n'Tray, 2 packs of Katana Standard Size Sleeves

- Store: 1 Arkhive 800+, 1 Boulder, 1 SophoSkin Play-Mat, 1 Store Carpet, 2 packs of Katana Standard Size Sleeves

(2) The winners will be randomly determined among all eligible participants within one week of the entry deadline. Winners will be notified by email and / or Facebook commentary feature and / or in a separate posting and requested to send an e-mail to an e-mail address indicated there in which the personal information is duly and truthfully transmitted. This information is for the sole purpose of sending the prize.

(3) If we do not receive an e-mail from a winner within the specified deadline, the claim to the prize expires. In this case, heo GmbH is entitled to carry out a replacement draw.

(4) Only one prize per participant is possible.

(5) The prize is neither transferable nor can the prize be exchanged or paid in cash.

(6) If circumstances arise that we are not responsible for, the respective winner accepts a reasonable replacement prize.

5. Granting of rights of use and indemnification

(1) The participant guarantees that he/she is the owner of the required rights to the uploaded or linked photos. If the participant is not the sole author or rights holder, he/she expressly declares that he/she has the necessary rights to participate in the competition.

(2) If the participant uploads photos, the participant guarantees that he/she will not send any content whose provision, publication or use violates applicable law or the rights of third parties.

(3) The participant indemnifies us against claims of any kind whatsoever by third parties resulting from the illegality of photos used by the participant. The indemnity obligation also includes the obligation to fully indemnify the organiser against legal defence costs (e.g. court and attorney's fees).

(4) The participant grants us the following simple, temporally and spatially unlimited, but not exclusive rights of use to the photo used by him/her:

  • the right to store the photo on a server;
  • the right to make the photo available to the public in whole or in part via Facebook and our websites (in particular www.ultimateguard.com );
  • the right to use the photo to promote our products;
  • the right to edit the photo, whereby the image may not be alienated.

(5) When using the image, we will appropriately identify the author, insofar as this is feasible taking into account the specific form of use.

(6) By accepting the prize, the winner agrees that we may use his/her name for advertising purposes.

6. Handover of prizes

The prizes will either be handed over in person upon presentation of an official photo ID or sent to the winner by post at the address indicated. On transfer of the prize to a carrier, the risk passes to the winner. Heo GmbH is not responsible for delivery damages.

7. Modification and / or premature termination

(1) heo GmbH reserves the right to terminate the competition at any time, even without observance of deadlines, in whole or in part prematurely or to modify it in its course if it is technically (e.g. computer virus, manipulation of or errors in software / hardware ) not possible, or is not possible for legal reasons (e.g. prohibition by Facebook) to guarantee a proper execution of the competition. In such cases, heo GmbH also has the right to modify the competition at its discretion.

(2) A violation of these conditions of participation entitles us to exclude the respective participant from participation. This applies in particular if the participant makes false statements, or used photos or other content (e.g. comments) violate applicable law or third party rights. The same applies to comments that can be viewed as glorifying violence, offensive, harassing or degrading, or otherwise infringe common decency.

(3) If the excluded participant is a winner who has already been selected, the prize can be subsequently withdrawn.

8. Data privacy

(1) The provision of personal data is required for participation in the competition. Heo GmbH will only use the personal details of the participant as well as his/her other personal data in the context of the statutory provisions of data protection law.

(2) The participant expressly agrees that the data transmitted by him/her will be processed for the implementation and handling of the competition. This also includes a use for exercising the rights of use granted.

(3) In the case of a cancellation, the participant will be excluded from the competition.

(4) The entire data privacy policy can be found at https://ultimateguard.com/en/p/copyright-privacy.

9. Legal remedies and liability

(1) heo GmbH shall only be liable for damage caused by intent or gross negligence on the part of its legal representatives, employees or vicarious agents. The above disclaimer does not apply to culpable injury to life, limb and health.

(2) heo GmbH is not liable for the loss, delay, alteration, manipulation and / or misdirection of e-mails and / or data when entering, recording, transmitting and / or storing data which have their cause in foreign data networks, in particular the internet or the WWW, in foreign telephone lines and / or other hardware and / or software of the participants and / or third parties; this also applies in particular to incorrect, missing, interrupted, deleted or defective data.

(3) heo GmbH is also not liable for incorrect information that is generated by participants and / or third parties, their hardware and / or software and that are used for the competition or related to it. In particular, no liability is assumed if e-mails or data entries do not meet the requirements set out there and as a result are not accepted and / or adopted by the system.

(4) Furthermore, heo GmbH shall not be liable for theft and / or destruction of the systems and / or storage media storing the data and / or for the unauthorised modification and / or manipulation of the data in the systems and / or on the storage media by the participants or third parties.

10. Applicable law and legal disclaimer

(1) The law of the Federal Republic of Germany applies. The provisions of the UN Sales Convention do not apply.

(2) Legal recourse is excluded.

(3) Should individual provisions of this contract be wholly or partially invalid or void or wholly or partially invalid or void as a result of changes in the law or by supreme jurisdiction or otherwise, or if there are gaps in this contract, the organiser and participants agree that the remaining provisions of this contract remain unaffected and valid. In this case, the organiser and participants undertake, in accordance with the principle of good faith, to replace the invalid provision with a valid provision that comes as close as possible to the meaning and purpose of the invalid provision and of which it can be assumed that the parties would have agreed it at the time when the contract was concluded if they had known of or foreseen the invalidity or nullity.

(4) Only the German version is authoritative and binding. The English version is for translation only.