CONDITIONS OF PARTICIPATION "NEW YORKER Winter Presents"
CONDITIONS OF PARTICIPATION
1 SUBJECT OF THE PARTICIPATION CONDITIONS
1.1 The organizer of the "NEW YORKER Winter Presents" prize draw (hereinafter referred to as "prize draw") is the NEW YORKER Marketing & Media International GmbH, Hansestraße 48, 38112 Braunschweig (hereinafter referred to as "organizer").
1.2 The participants in the prize draw are bound by the following conditions of participation. To participate in the prize draw, participants must know and agree to these conditions of participation. Entries that fail to comply with the following conditions or that contain inaccurate information may be disqualified by the organizer at any time without warning and without stating reasons. Prizes and other winnings may be refused or reclaimed by the organizer following the prize draw.
2 RIGHT TO PARTICIPATE
2.1 Any natural person who is of full legal age at the time the prize draw is held may participate. Persons of limited legal capacity who are at least 16 years old are eligible to participate only with the consent of their legal representatives. The organizer reserves the right, in individual cases, to check the eligibility of each participant. In particular, the organizer may ask to see a valid identity card or other form of identification.
2.2 Legal representatives and employees of the organizer, their immediate family members, and other third parties associated with this prize draw are barred from participating in it. Immediate family members as defined by these General Conditions of Participation are spouses, registered partners, and relatives of the first and second degree.
2.3 Each participant may participate only once in each active prize draw. If participants enter more than once, only the first entry is registered. All further entries under the same first and last name, date of birth and place of residence will be disregarded.
2.4 Participation is free. The right to participate and the chances of winning are not contingent upon the purchase of a product.
2.5 In the event of any violation of these conditions of participation, NEW YORKER reserves the right to exclude individuals from the prize draw. NEW YORKER is entitled in particular to exclude persons who use unauthorized aids or otherwise obtain advantages through manipulation. In these cases, NEW YORKER also reserves the right ex post facto to disallow and reclaim the prizes.
3.1 From 1 December 2018 until 24 December 2018 a prize draw will be held daily. Each daily prize draw will start at 00:00 and end at 23:59 (CET).
3.2 To enter the competition, the participant must have a customer profile with a valid e-mail address or will have to create one. To enter each daily prize draw, click on that day's Advent door on the www.newyorker.de/winter-presents website, then fill in and send the registration form by clicking on the "Send to" button. To allow the prize to be sent to the winner, data such as first and last name, e-mail address, dress size, shoe size, gender and preferred branch are required. The participant is responsible for ensuring all details are correct, in particular the e-mail address.
3.3 To take part in the prize draw, all personal information marked with an asterisk ("*") must be true. If any of the personal information entered is false, the participant may be excluded without notice and without stating reasons. Should there be any discrepancies regarding the identity of the person submitting the entry, it will be deemed to have been submitted by the person in whose name the e-mail account is registered.
3.4 The participant can enter the prize draw only on the specified day from 00:00 to 23:59 (CET). The deadline will be checked against the electronically logged receipt of the registration form. Submissions that arrive after this deadline will not be considered.
3.5 Each participant may participate only once a day in the respective prize draw. Multiple entries will not be acknowledged. Participation via sweepstakes associations or similar facilities will likewise not be accepted.
3.6 The winners of each prize draw will be randomly drawn. Each participant may win only one prize in the entire draw period (01.12. - 24.12.2018).
3.7 In entering the prize draw by completing the registration form, the participant expressly agrees to the publication of the winners' names on all NEW YORKER-related online channels.
3.8 The winners will be notified by the organizer by e-mail on the day following each prize draw. If the day following the prize draw falls on a weekend or a public holiday, the deadline will be postponed to the following working day. If a winner notification cannot be delivered, the original holder of the winning entry loses all rights to the prize and another winner is drawn.
3.9 The winner can confirm the acceptance of the prize by sending an e-mail to email@example.com within three (3) days after the prize notification is sent. The prize can be accepted by a minor only on the condition that the legal representative of the minor has granted consent to the organizer for the prize to be given. 3.10 A prize that is not confirmed will not be awarded. A new winner will be drawn.
3.11 The prize will also be forfeited if the prize cannot be handed over to the winner or is not collected by the winner, for reasons beyond the control of the organizer, within one month of the winner being announced.
3.12 The prizes can be collected in a NEW YORKER store near the winner within two (2) weeks of the notification. In special cases, and in agreement with the organizer, the prize can be sent to the winner. Any extra costs for any delivery must be borne by the winner. If the prize is not collected by the winner within the deadline for acceptance, the winner loses his or her claim to the prize and a new winner is drawn.
3.13 The item presented in the prize draw as a prize may vary from the item won. The organizer is entitled to select an item of average type and quality equivalent to the advertised prize.
3.14 If the prize cannot be provided for reasons for which the organizer is not responsible or can be provided only under unreasonable circumstances, the winner will receive a replacement of the same value. The same applies if the original prize is no longer available in the presented design (seasonal goods, etc.).
3.15 There is no entitlement to a cash pay-out of the prize or to any prize substitution. The claim to the prize is not transferable to any person other than the participant.
4 TERMINATION OF THE PRIZE DRAW
4.1 In the event of unforeseen circumstances, the organizer reserves the right to change, cancel or suspend the prize draw, either in whole or in part, without prior notice. Such circumstances include, but are not limited to, the appearance of a computer virus, a programming error, unauthorized third-party intervention, and mechanical or technical issues beyond the control and influence of the organizer. If such termination is due to the conduct of a participant, the organizer may demand compensation from that person for the damage incurred.
4.2 The organizer is released from all obligations on handing over the prize, unless an earlier date for such release arises from these conditions of participation.
5.1 Under the statutory provisions the organizer is liable to the participant for damages from loss of life, injury or impaired health as a result of intentional or negligent breach of duty, and for other damages that arise from intentional or grossly negligent breach of duty or from malice. The organizer is also liable for damages that are covered by its liability under mandatory statutory provisions, such as the Product Liability Act, as well as in the case of the assumption of guarantees. In all other cases the organizer is liable for slight negligence only if it, or its legal representatives, executives or other vicarious agents, violate a contractual obligation, the fulfillment of which makes the due execution of the contract at all possible, the breach of which endangers the achievement of the purpose of the contract, and upon the observance of which the participant should, as a rule, be able to rely. In these cases liability is limited to typical and foreseeable damages. In all other cases the organizer is not liable for slight negligence. In no case is the organizer liable for any indirect damages and/or consequential damages.
5.2 The organizer is not liable for technical dysfunctions, such as the Internet connection, lost emails or delayed e-mail transmissions, or for typing errors.
6 DATA PROTECTION
The full data protection policy can be found on our website under the related link. The paragraph pertaining to our competitions is paragraph No. 9 of our data protection policy.
7.1 The place of jurisdiction for all disputes arising from and in connection with the prize draw is, to the extent permitted by law, agreed to be the headquarters of the organizer as stated in para. 1.1. The law of the Federal Republic of Germany shall apply exclusively.
7.2 Should individual provisions of these terms and conditions be or become ineffective, inadmissible or unenforceable, the validity of the remaining conditions of participation shall remain hereby unaffected. In place of the invalid, inadmissible or unenforceable clause, regulations the effects of which approach the economic objective as closely as possible shall apply. Any rights arising from the legal relationship underlying these conditions of participation may not be transferred by the participant to third parties. No legal action may be taken.