Conditions of participation for competitions
§ 1 scope, obligations and costs
(1.) These conditions apply if people take part in competitions and tenders of sober care GmbH, Pappelallee 78/79, 10437 Berlin.
(2.) Participation is free of charge and without obligation for the participants. Likewise, the chances of winning are not influenced by any performance of the participants.
§ 2 Eligibility to participate
Eligible to participate are people aged 18 and over who are resident in Germany, Austria and Switzerland. Employees of sober care GmbH as well as employees of cooperation partners who are or were involved in the creation or processing of the competition are excluded from participating in the competition. A person can only participate once per competition. Otherwise, sober care GmbH is entitled to exclude this person from the competition.
§ 3 rights of third parties
(1.) The participants declare that their submission to the competition (e.g. texts, drawings or photographs) does not violate the rights of third parties, in particular copyrights and personal rights.
(2.) If other people were involved in the creation or development of the entry fee, they must agree to the submission and later publication within the scope of the competition. The same applies if third parties have been granted exclusive rights to the submitted contributions. Even if people are recognizable on submitted photographs or drawings, their consent must be obtained with the submission and later publication.
§ 4 processing
(1.) A payment of the prize in cash, in kind, its exchange or transfer to another person is not possible. A winner can forego his prize. In this case, the next person will take his place or another winner will be determined based on the existing conditions. The delivery will usually be made by mail to the address given by the winner. If the transfer of the prize is not possible or unreasonable, the winner will receive an equivalent replacement.
(2.) The notification of the prize is made directly by sending the prize, which is either carried out by sober care GmbH or commissioned agencies / cooperation partners. Sober care GmbH is entitled to transmit the winner's data to the agencies / cooperation partners in order to enable delivery of the prize.
(3.) In the event of unsuccessful delivery of the prize by post, sober care GmbH reserves the right to determine a new winner. If the specified contact options are incorrect (e.g. postal or email addresses), sober care GmbH is not obliged to research correct addresses. The disadvantages that result from the provision of incorrect contact details (e.g. incorrect postal or email address) are borne by the participant.
(4.) The item presented as a prize in the competition is not necessarily the same as the item won. Rather, deviations in terms of model, color or the like. consist. The prize sponsor can select an item of medium type and quality that is equivalent to the item presented as the prize.
§ 5 data protection information for the competition
(1.) Data are protected within the framework of the legal regulations.
(2.) The participant agrees that his submissions for the competition as well as the personal data transmitted (name, surname, location, photography or other electronic material) in connection with the competition, its drawing and processing on the website of the sober care GmbH, be published in print or social media.
(3.) The participant can object to the publication when participating or after the publication of their personal data.
§ 6 liability
(1.) Sober care GmbH is only liable - regardless of the legal reason - if damage was caused by culpable violation of an essential contractual obligation (cardinal obligation) in a manner that endangers the achievement of the contractual purpose or is due to intent or gross negligence. If sober care GmbH is liable in accordance with the preceding paragraph for the breach of an essential contractual obligation without intent or gross negligence, the liability is limited to the extent with which sober care GmbH came into being at the time the contract was concluded on the basis of the facts known to them at that time typically had to calculate.
(2.) The above limitations or exclusions of liability do not apply in the event of culpable injury to life, limb and health, for liability claims under the Product Liability Act and in the case of a contractually agreed obligation to make a fault irrespective of fault or if the relevant liability-related circumstance has been fraudulently concealed.
(3.) Insofar as the liability of sober care GmbH is excluded or limited in accordance with the provisions of this disclaimer, this also applies to the personal liability of organs, employees, representatives and vicarious agents.
§ 7 Changes to the rules of participation and termination of the competition
(1.) sober care GmbH reserves the right to change the terms of participation at any time.
(2.) Furthermore, sober care GmbH reserves the right to end or interrupt the competition or raffle at any time for an important reason without notice. This applies in particular to those reasons that would disrupt or prevent the scheduled running of the competition or raffle. If such a termination is caused by the behavior of a participant, sober care GmbH is entitled to demand compensation from the person for the damage incurred.
(3.) In exceptional cases, special conditions of participation apply, which are clearly identified for the relevant competition. In the event of a conflict, you take precedence over these general conditions.
§ 8 additional conditions
(1.) Further conditions of participation (e.g. duration of the competition, type and scope of the prize) are specified for the respective competition.
(2.) Should individual provisions of the conditions of participation be or become invalid, the validity of the other conditions of participation remains unaffected. In its place there is an appropriate regulation which most closely corresponds to the purpose of the ineffective regulation.
§ 9 Third Party Contests and Legal Process
(1.) In the case of competitions that are offered by third parties, the third parties are responsible for the distribution of the price and handling of the competition. Sober care GmbH draws the participants' attention to third-party competitions.
(2.) The judges' decision is final.