1. Subject and acceptance
Subject of these terms and conditions (hereinafter: 'Terms') is a competition and any necessary licence rights.
A description and the procedure of each competition will be stated in every announcement of the Competition.
The competition is in no way sponsored, endorsed or administered by, or associated with, Facebook.
With each taking part in a Competition the Terms are deemed accepted.
2. Promoter of the competition
The promoter of the Competition is Bread & butter GmbH & Co. KG, Profitcenter: 14 oz., Münzstr. 13, 10178 Berlin, Germany (hereinafter promoter).
In order to participate a question has to be answered or a task has to be fulfilled. In addition a form with personal data needs to be completed truthfully. A valid participation requires the truthful completion of the form with regard to name and surname as well as the current and valid e-mail address of the participant.
This data is required for the administering of the competition and notification of the winner.
Participants may only be natural persons above 18 years of age. Each person may only participate one time in the competition. Employees of the promoter and any other persons involved in the conception and implementation of the competition are not eligible to participate. An irregular or repeated participation of a participant in the competition will result in his exclusion of the competition.
The participation in the competition does not require the purchase of a product and is free of charge.
4. Consent to advertisement
The participant expressly agrees that his designated e-mail address and an optional mailing address may be used to send him advertisement for products sold by the promoter via the website www.14oz-berlin.com. A passing on of the data to third parties only takes place and to the extent to have the prize delivered to the winner.
The participant may at any time object to the promotional use of his e-mail address. Participants may withdraw this consent any time by sending an e-mail to email@example.com
5. Prize and Notification
The winners will be selected randomly of all valid entries, which have correctly answered the question or fulfilled the task required, unless the procedure of the competition provides for something else. The decision is final; legal recourse to the courts is excluded.
The winner will be formally notified via the designated contact details. In order to claim the prize the winner has to reply via e-mail to the promoter supplying his name and shipping address within 14 days of the winning notification. These contact details are required for delivering the prize.
If the winner is unable to be contacted or fails to reply within the above mentioned period, the prize shall be deemed as unclaimed or unaccepted and the promoter reserves the right to award the prize to a supplementary winner.
With acceptance of the prize the winner agrees that the promoter is entitled to publish the winner's name for his own or for associated companies' promotional reasons without compensation.
The prizes may not be substituted with cash, an exchange or credit alternatives. The entitlement to the prize is not transferable. Only one prize per participant per competition may be granted. The promoter reserves the right to provide a substitute prize of similar value should the chosen prize become unavailable for reasons beyond the promoter's control. Reasons beyond the promoter's control are in particular those that have their origin in the sponsors of the prizes.
The prize, if a moveable thing, will be delivered to the shipping address provided by the winner, free of charge, and by any method of carriage considered appropriate. No guarantees are provided on transit time or delivery date. Any additional costs (taxes, customs etc.) will have to be borne by the winner. By handing over the prize to the carrier the risk of loss passes to the winner. The promoter may not be held liable for transport damages.
6. Copyrights and rights of use
If participation in the competition requires the upload of content (for example pictures), the following applies: The participant guarantees to be the owner of the rights necessary to exploit the submitted content. If the participant is not the sole author or holder of the rights of the content, the participant explicitly guarantees to have the rights necessary to participate in the competition.
The participant grants the promoter for its promotional use the following non-exclusive rights of use unrestricted in terms of time, place and content:
- the right to store the content on a server (reproduction)
- the right to make the content or parts of it available to the public via Facebook or the website of the promoter [in particular http://www.14oz-berlin.com] (making works availabe to the public)
- the right to edit the content in the barriers of distortion (adaptations)
7. Liability and indemnification
The promoter is liable for intent or gross negligence. If the participant is not a consumer the liability for negligence is limited to foreseeable damage typical to the contract. The promoter is also liable for slight negligence in case of a breach of major contractual obligations, loss of life, bodily injury or damage to the health of a person and under the national mandatory consumer protecting laws based on the EU-directive on product liability. The promoter's limitation of liability also applies for his vicarious agents.
By submitting content according to paragraph 6 the participant guarantees that the exploitation and use of the content by the promoter does not violate applicable law or infringe the rights of third parties.
The participant agrees to indemnify the promoter of all third party claims that may arise of or in connection with the content the participant submitted. This indemnification also includes legal proceeding and defense costs (e.g. attorney and court costs). By entering the competition the participant fully releases Facebook.
In the event of fraud, abuse or any infringement of the Terms the promoter reserves the right to exclude individual participants from the competition without giving notice. This particularly applies in case the participant made false statements or the content submitted by him infringes the rights of third parties. In such case any notification of winning given to the excluded participant shall be deemed to be void.
9. Premature Termination or Amendment
The promoter reserves the right to prematurely terminate or amend the competition and review and revise the Terms in whole or in part at any time, even without giving notice, in case of technical (e.g. computer virus, software or hardware failure) or legal (e.g. in the event of fraud or abuse) reasons, that might affect the competition.
10. Final Provisions
If any provision of the Terms is held invalid, such invalidity shall not affect the validity of the other provisions of the Terms. In such case the parties are obliged to substitute the invalid provision with a valid provision that most closely approaches the intention of the Terms in compliance with the economic interests of the parties. The same applies in the case of a loophole.
The Terms are governed by German law excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
If the participant is a merchant, a legal entity under public law, or public-law special funds, the legal venue for any disputes under this contract shall be Berlin, Germany.