Entering online contests and promotions and the implementation thereof are governed by the following terms and conditions.
You can find details on the performance of the current contests and their execution as well as prizes offered and awarded right on the respective contest website.
(Version: October 2021)
The organiser of the contest is BEWITAL petfood GmbH & Co. KG ('organiser' herein).
Entry in online or Facebook contests or promotions and their implementation are subject to the following terms and conditions:
The following applies to a Facebook contest: All information for this contest is supplied exclusively by the organiser and/or the prize sponsor. Facebook Ireland Limited Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland, ('Facebook') is not connected in any way with this contest and is not sponsoring, supporting or organising this contest. Therefore, no legal claims of any kind shall exist with respect to Facebook.
Section 1 Contest
(1) The entry period for the contest ('promotion period' herein) can be found right in the contest.
(2) If the contest mechanism differs from the mechanisms described in section 4 (1) of these conditions, the contest mechanism, including the possible ways to submit an entry, is described right at the contest entry window.
If it is possible to submit an entry through Facebook, the contest is entered in accordance with the description at the contest entry window
a) either on Facebook through the use of a Facebook application ('application' herein). This application associated with Facebook can be installed without charge in the entrant's respective Facebook profile. After the entrant has pressed the 'like' button, the entrant can enter the contest by answering the contest qualifier that is posed;
b) or directly on the organiser's Facebook website. In such a case, the entrant can enter the contest under the contest posting on the Facebook website by a) answering the contest qualifier with a comment; b) posting images/articles; c) 'liking' the article, etc. If the entrant uploads images, videos or texts as part of a post and/or comment, the entrant warrants to the organiser that the entrant is the lawful holder of the necessary rights for this.
The logged time of day is relevant for the time of entry. Answers/posts/comments/likes which were not submitted within the promotion period are not considered. Neither the organiser, Facebook nor the cooperation partners (as defined below) are responsible for any delays in the delivery or the transmission of the answer and entrant data.
(3) The contest prizes are provided by various partners ('prize sponsors' herein) in such a way that the organiser offers the prizes solely in the name of the prize sponsor. The organiser thus has no individual obligation to pay unless it is itself the prize sponsor in the specific case. Otherwise, the respective prize sponsor is the promisor of the prize pursuant to section 657 of the German Civil Code (BGB) and thereby solely liable for all claims in regard to the promised prize.
Section 2 Entrants
(1) Unless otherwise indicated, persons age 18 and older are eligible to enter this contest. Minors under age 18 are excluded from entering. Prizes will not be awarded to minors who are expressly prohibited from entering.
(2) Entering the contest and the awarding of prizes are restricted to entrants with registered addresses in Germany, Switzerland and Austria.
(3) The entrant is exclusively responsible for the accuracy of the data provided for entering the contest (as well as the relevant data in the entrant's corresponding Facebook account). All personal information must be true. Otherwise, the entrant may be eliminated from the contest under section 3 (4).
(4) Any entrant may enter the contest only once. Multiple entries are prohibited. In the case of multiple entries, the organiser reserves the right to disqualify entrants from the contest pursuant to section 3 (2).
Section 3 Disqualification from the contest
(1) Employees and family members of employees of BEWITAL petfood GmbH & Co. KG and all subsidiaries and affiliates as well as the involved provider and prize sponsors are disqualified from entering.
(2) In case of a violation of these participation terms, the organiser reserves the right to disqualify persons from the contest and to not award prizes or to subsequently revoke and recall them.
(3) Persons who use illicit aids or otherwise obtain advantages through manipulation will also be disqualified. Where appropriate, prizes can also be subsequently revoked and recalled.
(4) Anyone who supplies untrue information about him or herself is also disqualified.
Section 4 Conducting and handling the contest
(1) Possible ways to submit an entry, contest rules, prize winner drawings, etc. are explained to the entrant right at the entry screen for the contest.
(2) Winners are notified after the end of the contest by email or directly through the corresponding platform (e.g., Facebook, Instagram). Prizes are delivered through direct contact between the winner and the prize sponsor in accordance with the conditions on prize notification and forfeiture in sections 4 and 5 below.
Then each winner must report to the organiser with his or her correct name through a private message (e.g., by Facebook, Instagram or email) within 4 weeks after receipt of the prize notification. If the winner does not report within this period, the claim to a prize shall lapse.
(3) It is not mandatory that the item presented as a prize in the course of the contest be identical to the item won. Instead there may be deviations in model, colour or the like. The price sponsor reserves the right to select an item of average kind and quality.
(4) Non-cash prizes (with the exception of motor vehicles and travel) are sent by the prize sponsor or a commissioned third party by a forwarder, a parcel service or by post to the postal address to be indicated by the winner. Delivery is free within the Federal Republic of Germany. The winner is responsible for additional transportation costs and customs duties. Despite defrayal of the shipment costs, the place of performance remains the place of business of the prize sponsor. In the event that delivery is carried out by a forwarder, the forwarder will contact the winner to stipulate a delivery date. Deliveries normally occur between 8:00 a.m. and 6:00 p.m. on Monday through Friday. In addition, the winner shall indicate an alternate address in the immediate vicinity to which the prize can be delivered in the winner's absence. Should the forwarder encounter no one at the address of the winner or at the alternate address, a message will be left. The winner shall personally bear the cost of another delivery attempt.
(5) If it is not possible to deliver the prize, or only under unreasonable circumstances, the winner shall receive an equivalent substitute. In like manner, the winner shall receive an equivalent substitute if the original prize is no longer deliverable in the version presented (model change, seasonal goods, etc.).
(6) A cash payment of the prizes or of any substitute prize is not possible in any event.
(7) The claim to the prize or substitute prize is strictly non-assignable.
(8) Complaints related to the conduct of the contest must be sent to the organiser in writing, with specification of the contest, within 14 days of becoming aware of the grounds for the complaint. Complaints conveyed by telephone or late will not be processed. Queries, complaints and claims related to the prizes must be asserted exclusively to the respective prize sponsor.
Section 5 Forfeiture of prize
Unless otherwise regulated in these participation terms, the winner is obligated to report within four (4) weeks after dispatch of the notification. Otherwise, the claim to the prize is forfeited. The claim to the prize is likewise forfeited if, for reasons attributable to the winner, the delivery of the prize cannot be completed within four (4) weeks after the first notification of the prize. The different deadlines mentioned in section 4 (5) or (6), which are once again recited below, apply to motor vehicles and travel prizes.
Section 6 Early termination of the contest
The organiser reserves the right to cancel or end the contest at any time without advance notice and without giving reasons. The organiser will avail itself of this possibility in particular when, for technical reasons (e.g., viruses in the computer system, manipulation or flaws in the hardware and/or software) or for legal reasons, proper implementation of the contest cannot be guaranteed. If a cancellation of this nature is occasioned by the behaviour of an entrant, the organiser can demand that such person reimburse the loss incurred.
Section 7 Data protection
(1) To enter the contest, unless the contest is hosted directly on [missing word in original document], it is necessary to register for the corresponding contest by providing various data (also referred to as 'registration data' herein) on the contest entry screen. It is possible to enter contests through the registered account of the entrant.
(2) No claim exists to register for or enter the contest.
(3) The organiser processes the entrant's data supplied at registration for the duration of the contest for purposes of conducting and concluding the contest and transmits it for the aforementioned purpose to the respective prize sponsor or to the agency that serves the prize sponsor. The entrant additionally agrees that the supplied data and images can be transferred to an importer or wholesaler in a country participating in the contest for further promotion of the contest and announcement of the winners. The entrant consents through entering the contest. The legal basis for the processing is Art. 6 (1) a GDPR. The consent given can be withdrawn at any time without stating reasons to the organiser. In such case, entry in the contest is excluded. (4) All personal data of the participants is processed and used by the organiser in conformity with the statutory provisions. The organiser of the contest has designated a data protection officer who can be reached through the email address email@example.com.
(5) Rights of data subjects (right of access, rectification, erasure, restriction of processing, right to object) can be asserted with respect to the organiser or its data protection officer. There is a right to complain to a competent supervisory authority for data protection.
(6) The entrant grants the following rights to the organiser without charge: non-exclusive and irrevocable rights to use and exploit the uploaded image anywhere and at any time without restriction of content, particularly the right to publish it in the fan pages on Facebook, Google+, Pinterest and Instagram.
Section 8 Revocation
By notifying firstname.lastname@example.org at any time of his cancellation, the entrant is free to have his or her registration data erased and thus withdraw from the contest.
Section 9 Liability
(1) Unless an earlier time is already specified under these provisions, the Provider shall be relieved of all obligations upon satisfaction or delivery of the prize.
(2) Claims for possible material defects and/or defects of title in the prizes donated by the prize sponsors are to be asserted exclusively against them.
(3) The organiser is not liable for the insolvency of a prize sponsor or the consequences arising from it for the conduct of the contest.
(4) The organiser has a duty to pay damages only if the loss is attributable to intentional acts or gross negligence. The organiser shall be liable for culpable injury to the life, limb or health of a natural person also where there is merely ordinary negligence. In addition, the organiser shall also be liable for the merely ordinary negligent breach of a cardinal duty. Cardinal duties are such duties whose fulfilment make the proper performance of the contest and the achievement of the contract purpose at all possible and upon the fulfilment of which a contest entrant regularly may rely. The above limitation of liability expressly applies to losses arising through errors, delays and interruptions in the transmission of data, during breakdowns of technical equipment or services, incorrect content, loss or erasure of data, viruses or in another manner during use of the application. Liability under the Product Liability Act remains unaffected.
(5) In addition, in the case of travel-related prizes, the organiser is not liable for the consequences of a warranted change in the offered travel or justified cancellation of the travel by the travel business. The possibility of payment of the value of the travel is excluded.
Section 10 Miscellaneous
(1) Recourse to the courts is excluded.
(2) The law of the Federal Republic of Germany has exclusive application.
(3) Should individual provisions of these terms be or become invalid, the validity of the remaining participation terms shall remain unaffected thereby.
(4) The organiser can change these participation terms at any time without separate notification.