1. subject of the conditions of participation and organizer
(1) These Terms and Conditions of Participation govern the conditions for participation in sweepstakes of the Fischers Fritze GmbH as well as any necessary transfer of rights. The description and the procedure of the respective sweepstakes shall take place within the framework of the respective sweepstakes campaign on the Facebook or Instagram page of the Fischers Fritze GmbH.
(2) Organizer of the sweepstakes is the Fischers Fritze GmbH - Lichtstrasse 46 - 50825 Cologne
(3) By participating in the respective sweepstakes, these terms and conditions of participation are accepted.
(4) The sweepstakes is not connected to any other social channels (e.g. Facebook or Instagram), it is neither sponsored, supported nor organized by them.
2. participation
(1) Anyone who has reached the age of 18 and is resident in Germany is eligible to enter the competition. Excluded are employees of the Fischers Fritze GmbH and affiliated companies as well as relatives of such employees and their relatives. Participation with forged identities or with identities of third parties is not permitted.
(2) Eligible participants can take part in the prize draw by fulfilling the Fischers Fritze GmbH defined sweepstakes requirements.
(3) Participation is possible until the date defined in the posting of the respective sweepstakes.
3. winnings and notification of winnings
(1) One or more winners will be drawn at random from all eligible participants.
(2) The winners will be notified afterwards. Depending on the platform and competition via private messages, live video draw or via a separate post.
(3) Only one prize is possible per participant.
(4) The prize is neither transferable, nor can the prize be exchanged or paid out in cash.
(5) If circumstances arise for which we are not responsible, the respective winner will accept an appropriate substitute prize. Such circumstances beyond our control are in particular those that lie with the sponsors of the winnings.
4. granting of rights of use
(1) The participant guarantees to be the owner of the necessary 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 rights required for participation in the competition.
(2) The participant grants us the following simple, temporally and spatially unlimited but non-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 accessible to the public in whole or in part via Facebook, Instagram and on our website (www.fischers-fritze.com);
- the right to edit the photo, whereby the image may not be alienated.
(3) When using the image, we will identify the author in a suitable manner, insofar as this is feasible taking into account the specific form of use.
(4) By accepting the prize, the winner agrees that we may use his/her name for advertising purposes.
5 Liability and indemnification
(1) 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.
(2) The participant indemnifies the Fischers Fritze GmbH from claims of third parties of any kind whatsoever resulting from the illegality of photos used by the participant. The indemnification obligation also includes the obligation to fully indemnify the organizer from legal defense costs (e.g. court and attorney's fees).
(3) By participating in the competition, the participant releases Facebook and Instagram from any liability.
6. exclusion
(1) A violation of these conditions of participation entitles the Fischers Fritze GmbHexclude the respective participant from participation. This applies in particular if the participant provides false information or if photos or other content (e.g. comments) violate applicable law or the rights of third parties. The same applies to comments that glorify violence, are offensive, harassing or derogatory or otherwise violate social decency.
(2) If the excluded participant is a winner who has already been drawn, the prize can be subsequently revoked.
7. early termination and changes
The Fischers Fritze GmbH reserves the right to prematurely terminate the competition in whole or in part at any time, even without observing deadlines, or to change its course if it is not possible to guarantee proper execution of the competition for technical reasons (e.g. computer virus, manipulation of or errors in software/hardware) or legal reasons (e.g. prohibition by Facebook).
9. final provisions
(1) Should the Terms and Conditions of Participation contain invalid provisions, the validity of the remaining provisions shall remain unaffected.
(2) German law shall apply. Legal recourse to review the draw is excluded.
