NYDJAY Twitter Raffle 1
Prize Contest on twitter.com

Terms and Conditions of participation / Official Rules

1. Subject matter of the Terms and Conditions of participation

1.1 The Twitter ”NYDJAY Twitter Raffle 1” prize draw (hereinafter referred as “Competition”) is being organized by NEW YORKER Group-Services International GmbH & Co. KG, Russeer Weg 101-103, 24109 Kiel, Germany (hereinafter referred as “Promoter”).

1.2 The Competition entrants shall be bound by the following terms and conditions of participation. Entry into the Competition constitutes acknowledgement and acceptance of these conditions. Entries not made in accordance with these conditions of entry will be disqualified.

2. Eligibility for entry

2.1 Eligible is any person who is fully competent at time of entry. Persons who are at least 16 years old or/and legally incompetent may participate only with the consent of the parent/legal guardian.

2.2 The Competition is not open to legal representatives and employees of the Promoter or their immediate family members and any third parties associated with this Competition. Immediate family members as defined for the purposes of these general conditions of participation are spouses, registered partners and first- and second-degree relatives.

2.3 Only one entry per person is permitted. In the event of anyone entering more than once, only the first entry will be registered. Any further entries under the same surname, forename(s), date of birth and place of residence will be disregarded.

2.4 The Promoter reserves the right to verify the eligibility of each entrant. In particular the Promoter may ask the entrants to confirm their age and identity by presenting a valid passport/identity card.

2.5 Entry is free of charge. Neither the eligibility for entry nor having a chance of winning is dependent upon the purchase of any product.

3. Procedure and Prize

3.1 Participants enter the Competition by retweeting the contest-post of the NYDJAY-Twitterchannel and following the NYDJAY-Twitterchannel.

3.2 The Promoter reserves the right to delete tweets with insulting contents or those which offend against legal regulations and to disqualify any participants breaching these terms of participation from the Competition or providing false details at any time, without prior warning and without having to give any reasons. In the event of the participant being disqualified, prizes and benefits may also be retroactively disallowed and reclaimed. In those cases the participant cannot derive claims against the Promoter.

3.3 The competition commences October 21, 2016 at 10 am. The closing date for entries is October 24, 2016 at midnight.

3.4 All entries must be received by expiry of the closing date for receipt of entries. Entries received after this date will not take part in the Competition.

3.5 Only users with an official twitter profile can participate.

3.6 The Competition will be made by chance among all entrants for the following prize: three packages consisting of three to four items from the New Yorker assortment (in the value of 45 - 50 Euro for each package). Every participant can only win one of the three packages. The exact content of the packages may differ from the pictures of the raffle on twitter.

3.7 The winners will be notified by the Promoter via direct twitter message [o] not later than October 28, 2016. If a notification of a win cannot be delivered, the potential winner shall lose all rights to the prize and another winner shall be drawn.

3.8 Formal acceptance of the prize may be sent by email to win@nydjay.com. The winner must provide to the Promoter in the email her/his full name, address and date of birth within 3 days following the notification of the win. If a winner does not contact the Promoter within 3 days following the notification of the win, the claim to the prize will be forfeited and a new winner will be drawn. In the case of a winner under the age of 18 years or who is legally incompetent the name and address of the parents/legal guardian and their/her/his written declaration of consent is required additionally in order to be able to receive the prize. Any prize that is not formally accepted will not be given out. The claim to a prize will also be forfeited if the prize cannot be handed over to the winner within one month of initial notification for reasons that are beyond the control of the Promoter.

3.9 Delivery will be free of charge in the European Union. Any additional transport costs and customs duties must be paid by the winner.

3.10 There shall be no cash alternative to the prize. The winner shall have no entitlement to have the prize paid out in material goods or to any swap of the prize for any substitute. The claim to a prize is non-transferable.

3.11 The Participant accepts these Terms and Conditions of participation by retweeting. The Promoter reserves the right to alter, suspend and end the Competition at any time without notice and without indication of grounds if unforeseen circumstances arise. Such circumstances shall particularly include, but not be limited to, the occurrence of a virus in the computer system, manipulation of or malfunctions in the hardware and/or software, unauthorized intervention of third parties, legal reasons and mechanical or technical problems that are beyond the Promoter’s control. Should such termination have been caused by the conduct of a participant, the Promoter has the right to claim compensation from such a person for the damages/losses it has incurred.

4. Liability

4.1 The Promoter shall be unrestricted liable to the participant under statutory regulations for damages resulting from harm to life, body and health caused by the Promoter’s intentional and negligent, as well as for other damages which result from intentional or grossly negligent breaches of duty and fraudulent intent. Furthermore the Promoter shall be liable for damages according to liability contained in compulsory statutory provisions, such as the product liability law, as well as in the acceptance of guarantees. The Promoter accepts liability, limited to the value of foreseeable damages inherent in contracts, for such damages which are not contained within sentences 1 and 2 of number 4.1 and are caused by the culpable conduct of the legal representatives, executive employees or other persons providing assistance to the Promoter. Such breach of material contractual obligations shall be deemed to exist if the breach of obligations relates to an obligation the performance of which the participant reasonably relied upon and was legally entitled to rely upon and that establishes a binding contractual relationship between the Promoter and the entrant. All further liability for damages, irrespective of the legal nature of the claim made, is excluded. The Promoter shall be in no circumstances liable for any indirect/or consequential loss or damage.

4.2 The Promoter shall assume no liability for any technical malfunctions, as for example the internet connection, lost or delayed email transmissions, functionality of twitter or typographical errors.

4.3 The participants shall ensure that they hold the necessary rights of use to the content and that the duplication, publication or processing thereof by the Promoter do not violate statutory regulations, the principles of morality and/or third party-rights. If the entrant provides incorrect assurance regarding copyright or usage rights to the detriment of the Promoter, the entrant will be liable to pay damages to the Promoter.

5. Data Protection

5.1 By accepting these Terms and Conditions, the participant consents to his/her personal data being collected, stored, processed and used by the Promoter for the duration and for the purposes of running and administering the Competition. The entrant is entitled at any time to revoke her/his consent to the collection, storage and use of her/his data. These data includes the participant´s full name, birth date, and address. The provided personal data will not be disclosed to third parties, unless the disclosure to a company commissioned by the Promoter is necessary for marketing purposes. The provisions of the German data protection act (BDSG) shall apply to all personal data submitted by participants. To pursue the claim of information in accordance with § 34 BDSG the participant has to contact the Promoter via letter or mail (contactus@newyorker.de).

5.2 By accepting these Terms and Conditions, the winning participants consent to the publishing of their name and country of residence on the Promoter’s Social Media Channels.

6. Cookies

The internet pages of the Promoter use so-called cookies in several places, which will be saved by the browser.

7. Jurisdiction

7.1 Place of jurisdiction of all disputes arising from and in connection with the Competition will – to the extent that this is legally admissible- be the Promoter´s place of business. German law shall exclusively be applicable.

7.2 Should any of the provisions of these conditions be without effect or become null and void, or anything have been omitted from the present or any future version of these conditions, or should they be fully or partly without legal force or impossible to implement or subsequently lose their legal force or become impossible to implement, this shall not affect the validity of the other provisions. Instead of the ineffective provision a valid provision is deemed to have been agreed that most closely reflects the meaning and purpose of the ineffective provision. If anything has been omitted, a provision is deemed to have been agreed that in terms of the meaning and purpose of these entry conditions most closely reflects what would have been agreed if the point had been taken into consideration at the beginning.

7.3 Responsible for the contest is exclusively the promoter. Twitter is not involved with this content.

©2016 NYDJAY by NewYorker