Conditions of Participation
1. Subject of These Rules
- These Official Contest Rules exclusively govern participation in the “LIGNA Contest” (hereinafter referred to as the “Contest”) organized by HOMAG Group AG, Homagstrasse 3–5, 72296 Schopfloch, Germany (hereinafter referred to as the “Organizer”), by the Contestants and the collection and use of data collected from or provided by the Contestants.
- By participating in the Contest, Contestants agree to be bound by these Rules.
- Participation is open to any natural person 18 years of age or older. Employees of the Organizer, employees of companies affiliated with the Organizer under commercial law (Sections 15 ff. of Germany’s Stock Corporation Act, “Aktiengesetz” in German), and employees of business partners who are or were involved in preparing or conducting the Contest are not eligible to participate in the Contest.
- Contestants can enter the Contest via the Organizer’s profile pages on LinkedIn and Facebook(www.linkedin.com/company/homag, http://www.facebook.com/HOMAG/)
- Participation in the Contest is free of charge.
3. Contest Period and How to Enter
The Contest will be held during the LIGNA trade show in Hannover and will be begin on May 27, 2019, at 9 a.m. and end on May 31, 2019, at 23:59 p.m. The logged time and date that the entry was uploaded will be used to determine eligibility. During this period, Contestants will have the opportunity to enter the Contest online. The Contest consists of two parts:
- Take a photo: Every Contestant must take a photo or have a photo taken of him/herself in front of the HOMAG Social Wall (photo wall) at the LIGNA trade show. Whether the photo is a selfie or was taken by another person has no effect on the Contestant’s chances of winning.
- Upload the photo: Contestants can enter the Contest by uploading this photo to their LinkedIn account between May 27, 2019, and May 31, 2019, and adding the hashtag #HOMAGyoursolution to their post. Contestants may post more than one photo with this hashtag, but only one post by each Contestant submitted during the Contest will be considered a valid entry to the Contest. The entry will only be considered valid if the LinkedIn account is active.
- Contestants can only participate in the prize draw once during the Contest period. Each Contestant will be eligible to win a prize without having to complete any other tasks.
4. Prizes and Selecting the Winners
The winners will be determined as follows on June 5, 2019, after the Contest has ended and the submitted entries have been reviewed:
- Three gift certificates for spare parts from HOMAG Group AG with a maximum value of €250 (net, valid till 31.12.19) each will be awarded to three winners out of all the Contestants who uploaded a photo to their LinkedIn account with the hashtag #HOMAGyoursolution. The gift certificates must be redeemed by December 31, 2019.
- The winners will be chosen at random from among all of the Contestants who have met the aforementioned criteria. The winners will be drawn without notarial supervision by two HOMAG employees. The Organizer reserves the right to post the photos uploaded by the Contestants with the hashtag #HOMAGyoursolution and its own statements to the company’s LinkedIn and Facebook pages at any time.
5. Copyright, Indemnity, and Responsibility
- By participating in the Contest, the Contestant guarantees the following:
- He/she has produced the uploaded content himself/herself and at his/her own expense and is therefore the sole copyright holder and owner of the rights to use the uploaded content.
- The content is not subject to the rights of third parties and can be used in any way, shape, or form. This includes
- that the Contestant is authorized to photograph all of the objects, buildings, and individuals contained in the photographs, including any personality rights and/or rights to use the name of any third party depicted, named, or otherwise included in the content.
- The content posted by him/her does not violate any applicable legal or official provisions or offend common decency (i.e. in particular does not contain any content that is harmful to minors, pornographic, racist, glorifies violence, incites hatred, or is otherwise offensive).
- If one or more individuals are clearly visible on the photo, they must agree to the photo being posted online. Ideally, consent should be obtained in writing.
Should third parties nevertheless assert claims against the Organizer due to infringement of their rights, the Contestant will indemnify the Organizer against any and all claims, including reasonable costs of legal defense, at the Organizer’s first request.
- The Contestants agree that the Organizer may use, distribute, and otherwise make publicly available to third parties in online and off-line media (e.g. print media) their photographs in connection with the Contest, the random drawing of winners, the organization, and the presentation of the Contest entries. For these purposes, the Organizer is also permitted to process the photos and, if necessary, to grant licenses to use them to third parties. This license is granted free of charge as well as without any restrictions with regard location, content, or time.
6. Claiming Prizes
- The prize cannot be paid out in cash or in kind, exchanged, or transferred to another individual. A winning Contestant can choose to not claim their prize. If a prize notification is returned as undeliverable, the Contestant forfeits the prize. In this case, it is at the discretion of HOMAG Group AG whether another winner will be selected, to whom the aforementioned rules apply accordingly. The Organizer and the winning Contestants will agree how and when the prizes will be transferred to them on an individual basis.
- Winners will be announced on June 14 at 4 p.m. and will be notified of their winnings and asked for confirmation via a message on LinkedIn.
- If the winning Contestant does not respond within a reasonable period of time (ten days) after being requested to do so twice, the prize may be transferred to another Contestant. Section 6.1 applies accordingly. If the contact information provided is incorrect (e.g. invalid e-mail addresses), the Organizer is not obligated to conduct any research to determine the correct addresses. The respective Contestant is solely responsible for any and all consequences of providing incorrect contact information.
- The prize can represent taxable income for the winner. Each winner is obliged to check this in accordance with the applicable rules and, if taxable, to report the prize on their income tax return and pay any applicable tax thereupon.
- The Organizer hereby explicitly states that it cannot fully guarantee that the Contest will be continuously available and function without any issues during the Contest period. The Contest may be terminated due to external circumstances and constraints, without the Contestants having any legal claims against the Organizer.
- This may include technical issues, rule changes, or decisions by platforms such as LinkedIn if the Contest is held on or in connection with them.
- The Organizer is not liable for the loss or possible damage of the submitted photos.
- Furthermore, the Organizer is not liable for:
- Data transfer errors
- Theft or destruction as well as unauthorized access to and/or alteration of Contestant data
- Technical malfunctions of any kind
- Damage to a Contestant’s or any other individual’s computer or other device (e.g. smartphone) resulting from participation in the Contest
- The Organizer is fully liable if the damage was caused intentionally or as a result of gross negligence.
- Subject to the provisions of Sections 7.1 and 7.2, the Organizer is liable for the slightly negligent breach of key contractual obligations whose fulfillment is essential for the proper execution of the agreement or for the breach of obligations essential to properly conducting the Contest and on whose fulfillment the Contestant can normally rely. In this case, the Organizer’s liability is limited to foreseeable, standard damages typical of this kind of agreement. The Organizer is not liable for the slightly negligent breach of obligations other than those mentioned in the aforementioned clauses.
- The aforementioned limitations of liability do not apply in the event of loss of life, bodily harm, and injury or illness, to a defect after acceptance of a guarantee, and to maliciously concealed defects. Liability in accordance with Germany’s Product Liability Act (Produkthaftungsgesetz) remains hereby unaffected.
- Where the liability of the Organizer is excluded or limited, this exclusion or limitation also applies to the personal liability of the Organizer’s boards, employees, representatives, and vicarious agents.
9. Exclusion from Participation
- The Organizer reserves the right to disqualify a Contestant from the Contest in the event of a violation of these Contest Rules.
- Furthermore, the Organizer reserves the right to disqualify Contestants who use unauthorized aids or otherwise gain advantages through manipulation (especially collective or multiple entries). This is the case if, for example, automatic scripts, hacker tools, Trojan horses, or viruses are used or if a Contestant gains an advantage through other unauthorized means. Furthermore, inaccurate personal information and the use of fake profiles can lead to disqualification. In such cases, prizes may also be subsequently forfeited and/or reclaimed.
- In addition, the Organizer reserves the right to disqualify individual Contestants from participation in the Contest if the photos or the username or nickname provided by the Contestant violates the rights of third parties or statutory provisions or contain despicable, threatening, or pornographic content or nudity and/or depictions of violence.
10. Early Completion or Termination of the Competition
- The Organizer is authorized to cancel, terminate, modify, or suspend the Contest prematurely in the event of unforeseen circumstances beyond the control of the Organizer that make it more difficult or unreasonable for the Organizer to conduct the Contest as originally intended. This includes, but is not limited to, unauthorized interference by third parties, technical problems with hardware or software outside the Organizer’s sphere of control, and violations of rights directly related to conducting the Contest, in particular any manipulative interference in the Contest.
- The Organizer collects and uses the aforementioned data from the Contestants for the purpose of conducting the Contest on the legal basis of Article 6, paragraph 1, point (f), of the GDPR, i.e. on the basis of our legitimate interests. Any further collection and use of the data will only take place to the extent that the Contestants consent to this processing, the legal basis for which is Article 6, paragraph 1, point (a), of the GDPR. Such consent can be withdrawn at any time by sending an e-mail to Datenschutz[at]homag.de or a letter to our address. Further information about privacy and data protection can be found here Data Protection Notice pursuant to Article 13
- Contestants have the right to contact the Organizer in writing at any time to request information regarding what personal data is stored by the Organizer, to request its correction and deletion, and to withdraw their consent to use. If you have any questions about the collection, processing, or use of your personal data, or if you wish to request information about what personal data we have stored, have your data corrected, have the processing of your data restricted, or have your data deleted, please contact us at: HOMAG Group AG, Homagstrasse 3–5, 72296 Schopfloch, Germany, e-mail: info[at]homag.com, phone: +49-7443-130. To withdraw consent, please send an e-mail to: info[at]homag.com. (https://www.homag.com/en/company/policy/)
- LinkedIn is not the Organizer of this Contest. Contestants may not assert any claims against LinkedIn in connection with the use of the Contest application or participation in the Contest. LinkedIn is neither bound nor authorized in any way as a result of the Contest.
- Contestants acknowledge that neither the Contest application nor the Contest itself is sponsored by, supported by, organized by, or in any way connected to LinkedIn.
- All of the information and data provided by or collected from Contestants as a result of their use of the Contest application or their participation in the Contest will only be provided to the Organizer and not to LinkedIn.
- Any and all questions and comments regarding the Contest should be addressed to the Organizer and not to LinkedIn.
13. Final Provisions
- Legal recourse is excluded.
- This Contest is subject to and construed exclusively in accordance with the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
- If any provision of these Official Contest Rules is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired thereby.