Terms and conditions for participation
This prize draw is operated by Silhouette International Schmied AG (hereinafter referred to as the “Operator”). With his/her participation in the prize draw, the participant accepts the following terms and conditions for participation.
Section 1: Participation
- Participation in the prize draw shall be free of charge and not subject to the purchase of goods or services.
- Only individuals who are of full age and of full legal capacity as of the time of participation are allowed to participate in this prize draw. Such individuals shall hereinafter be referred to as “Participants”.
- Pictures filed per script, macro or other automated means shall be inadmissible.
- The person who stated his/her contact data upon registration for the prize draw shall be deemed to be the Participant of the prize draw. No confirmation by sending an e-mail containing a link or otherwise shall be sent. The confirmation e-mail sent shall be for information purposes only.
- Employees and other staff members of the Operator and all employees of third-party companies involved in the conception and realisation of this prize draw as well as any persons related to the above-stated persons and/or who live in cohabitation or have a common household with the above-stated persons shall be excluded from participating in this prize draw.
- Unless expressly otherwise stated in the related terms and conditions, each Participant may participate only once.
- The Operator reserves the right to exclude Participants from participation if such Participants violate the terms and conditions of participation. The Participant shall not have a legal claim for the participation in the prize draw.
Section 2: Realisation and procedure
- Only the prizes described in the prize draw shall be awarded. Only those Participants who completely, comprehensibly and correctly share the competition post including the video on Facebook and/or Instagram shall be eligible for the award of prize(s). The Participants shall be obliged to provide complete and correct data. Changes made at a later date shall not be taken into consideration.
- The prize draw shall end on 28th of February 2015; thereafter, the winners shall be determined.
- Within 14 days after the end of the prize draw, the winner of the prize shall be informed in writing or via e-mail sent to the contact data provided upon registration. The winner shall be obliged to acknowledge to the Operator receipt of the prize notification immediately, however, not later than within 7 days after it was sent, and send the Operator the information required for the Operator to send the prize.
- The Operator reserves the right to determine another winner if the Participant failed to provide complete and correct contact data, fails to duly acknowledge receipt of the prize notification or if the Participant is actually prevented from accepting the prize (e.g. if he/she is not allowed or not able to enter the US).
- The formalities for the transfer of a prize shall be agreed upon with every winner individually. Other prizes, to the extent they are movable property, shall be sent to the relevant winners via mail (uninsured) to the address stated upon registration. The risk shall pass to the winner at the time the prize is handed over to the mail service. The Operator shall not be liable for any damage incurred during transport.
- The prizes can neither be paid out in cash nor exchanged. The prize cannot be assigned to any third party. The winner shall accept changes of the prize which become necessary due to factors outside the sphere of responsibility of the companies involved in the prize draw.
- No correspondence shall be effected on the participation and the course of the prize draw. The Participants are not entitled to receive information on other Participants and/or on the winners. Any recourse to courts of law is excluded.
- To the extent a Participant participates in the prize draw in writing, in particular sends pictures or articles, he/she shall not be entitled to request return of such documents. These documents shall become the Operator’s property upon receipt.
Section 3: Data protection, marketing and exploitation rights
- Silhouette, its subsidiaries and/or distribution partners will use such data in order to render the requested performance and for company purposes, including but not limited to statistical purposes.
- Upon transfer of your data to Silhouette, you agree that Silhouette, its subsidiaries and/or distribution partners are allowed to send sales promotion via email or mail and/or to contact you by telephone. You shall be entitled to revoke such consent at any time.
- With his/her participation in the prize draw, the Participant shall grant to the Operator the irrevocable, free-of-charge and transferable right without any restrictions as to time and contents, to use and exploit (irrespective of the type of such use and exploitation) the pictures/videos transmitted in connection with the prize or other articles, in whole or in part, for advertising and PR purposes, including but not limited to the right to copy, process, publish, make available, present, distribute, display such pictures/videos and/or articles on the internet as well as in print and other media of any kind or in any other way, with or without stating the Participant’s name in the Operator’s sole discretion. The Participant expressly and irrevocably consents to the publication of any pictures, videos and the like showing the Participant made in connection with the prize draw and of any statements the Participant made (such as interviews and the like) for any purpose. Such exploitations and publications may be made by the Operator or by any third party authorised by the Operator.
Section 4: Liability
- The Operator cannot guarantee that the prize draw will be available and functional at all times and/or everywhere, however, the Operator will use its best efforts to ensure that it will run smoothly. The Operator shall not be liable for any damage resulting from the participation or the impossibility of participation or of the acceptance of a prize (e.g. during the trip to or the stay in the US).
- The Operator shall not assume any liability for any damage incurred due to errors, delays or interruptions in data transmissions, disturbances of technical equipment or services, incorrect contents, loss or deletion of data and viruses.
- The Operator shall not assume any liability for any damage of any kind after the prizes were handed over.
- Each Participant shall be liable for the contents and correctness of the data he/she provided. Each Participant expressly states that he/she did not provide any false personal data.
- The Participant guarantees that he/she has all exploitation and utilisation rights to the pictures / videos or articles and that the exploitation by the Operator will not affect or violate any third-party rights or any laws or regulations. The Participant guarantees that no personal rights are violated and that the persons shown gave their consent to the publication of the picture. The Participant will present such consent upon request. The Operator shall not be liable for any violation of these and other third-party rights. The Participant shall be obliged to indemnify and defend the Operator against any claims asserted against the Operator.
Section 5: Early termination of the prize draw
- The Operator reserves the right to an early termination of the prize draw at any time without notice and without stating any reasons or to a termination without awarding any prizes.
- In particular, the prize draw shall be terminated early if a due execution cannot be guaranteed for technical or legal reasons.
- If such early termination is due to fact that any Participant violated this provision, the Operator shall be entitled to demand compensation for the damage incurred.
Section 6: Reservation of the right of alterations, applicable law, place of jurisdiction, severability clause
- The Operator reserves the right to change or amend these terms and conditions of participation at any time without stating any reasons and with or without notice.
- Austrian law shall apply exclusively, the conflicts of law provisions shall be excluded.
- The agreed upon place of performance and exclusive place of jurisdiction shall be Linz, Austria, except for claims filed against a consumer for the purposes of the Consumer Protection Act.
- Should individual provisions of these terms and conditions of participation be or become ineffective or invalid, this shall not affect the validity and effectiveness of the remaining provisions hereof.