COMPETITION CONDITIONS OF PARTICIPATION – SCHLEICHAROUNDTHEWORLD
Schleich GmbH, Am Limes 69, 73527 Schwäbisch Gmünd, Germany (hereinafter referred to as “we,” “organizer” or “Schleich”) is the organizer of the competition.
- Eligibility for participation and manipulation attempts
Entry is free of charge and independent of the purchase of goods or services. By participating in the competition, the participant accepts these Conditions of Participation.
Eligible for participation are all natural persons residing in any European country (in the following each a “participating country” or collectively “participating countries”) aged 18 years or over when participating. Employees of the organizer or persons involved in the design or arrangement of this competition are not eligible for participation.
We expressly reserve the right to review the eligibility of winners before distribution of the prizes. This is to ensure that distribution only takes place to eligible persons. If the review shows that the participant is not eligible for participation, the organizer is entitled to refuse distribution of the prize without this giving rise to claims for compensation, damages or indemnification. The distribution of prizes may also be conditional upon the granting of an advertising exemption in accordance with Section 5 (2) of these Conditions of Participation.
Usage of scripts, robots, participation or competition registration services, or other automated measures for participation is prohibited. We reserve the right to exclude participants who attempt to manipulate or violate these Conditions of Participation.
- Participation modalities
The competition starts at 00:00 CET on June 21, 2021 and ends at 24:00 CET on September 15, 2021 (“participation period”). The time of receipt of the photo, described in more detail below, via the “Gleam” application set up for this purpose is decisive.
The organizer will distribute Schleich figures and a leaflet to parents travelling with children on Eurowings fleet aircraft. This leaflet refers to the possibility of participating in this competition. In order to participate in the competition, the participant must take a photo of their Schleich figurine at a location of their choice, post it on Facebook or Instagram (“social media channel”) during the participation period using the hashtag #schleicharoundtheworld, and consent to these Conditions of Participation (“submission”).
Each submission must meet the following requirements:
- The photo must be the original work of the participant. Work by third parties is not accepted. The participant guarantees that they hold the required rights to the submitted photo. If the participant is not the sole creator or copyright holder, they expressly declare that they have the rights required to participate in the competition. The organizer is not obliged to check the photos submitted by participants for potential violations of third-party rights.
- Works by children or youth are accepted if they are submitted on their behalf by a parent or legal
guardian in their own name.
- Each participant can only enter the competition once.
- The post must not contain any content that is obscene, pornographic, defamatory or
otherwise offensive (including, but not limited to, insults, offensive language, nudity and excessive violence).
- Determination of the winners
All submissions made available during the participation period that fulfill the Conditions of Participation are reviewed by a selection committee to be determined by Schleich.
The winners will be drawn from all entries by the selection committee continuously during the period until immediately after the end of the participation period, whereby the prizes will be assigned to the winners in accordance with the order shown in Section 6, without the organizer being obligated to comply with any rank order. As a result, the winner is also not entitled to choose one of the prizes shown in Section 6.
- Notification of the winners
In accordance with Section 4, winners will be promptly notified via the respective social media channel of participation. After receipt of a winner's notification, the winner must promptly, at the latest within 14 days after receipt of the notification, confirm receipt to the organizer and disclose the information required to distribute the prize (in particular the delivery address for the gift package) as requested in the winner's notification.
In addition, the organizer may require winners to submit a sworn declaration of eligibility for participation, an exemption from liability and a separate advertising exemption (if legally required and permitted) as a condition for the distribution of the prizes. If the winner does not comply with this, in accordance with Section 4 the organizer is entitled, at its discretion, to select a replacement winner from all remaining eligible entries.
The prizes to be won as part of the competition are:
- 1. A total of 15 surprise prize packages, consisting of a school or children’s backpack as well as radio plays, books or puzzles, each with a maximum value of EUR 120.00 incl. VAT.
- 2. A total of 25 Schleich Horse Club “Big horse show” playsets, each worth EUR 79.99 incl. VAT.
- 3. A total of 20 Eurowings flight vouchers, each worth EUR 100.00 incl. VAT, redeemable in the period from June 21, 2021 to December 31, 2022.
Only one of the prizes described here is awarded at a time; cash payment, exchange or resale of personal prizes is excluded. Prize claims are not transferable. The chance of winning is determined by the total number of eligible entries received.
- Exclusion of liability
Technical problems during competition participation cannot be ruled out. We therefore accept no liability for any temporary unavailability of our website, transmission of submissions via a social media channel or for loss of data and resulting damages. Our liability is generally limited to gross negligence or intent, unless the damage results in injury to life, limb or health, and in the case of claims for compensation in accordance with the Product Liability Act. In cases of minor negligence, which lead to a delay or the impossibility of carrying out owed services, or breach of an essential duty, in other words a duty that makes proper performance of the competition possible and the fulfillment of which a participant may regularly rely on and breach of which jeopardizes achievement of the contractual purpose, we are only liable for resulting property or financial damage to the amount that is typically foreseeable.
Processing of personal data is required for participation in the competition. The organizer will only process the participant's details and other personal data within the framework of the statutory provisions of the applicable EU General Data Protection Regulation (GDPR). Processing takes place on the basis of Article 6 (1) (b) GDPR for implementation of the competition. Any participant is entitled to object in accordance with Article 21 GDPR. The personal data will be stored for as long as necessary for the implementation.
In the event that they win a prize, the participant declares their consent to publication of their name and the submitted photo in advertising media used by the organizer. This includes announcement of the winner on the organizer's website and social media channels.
The organizer is entitled, but not obliged, to publish the submitted photos for a period of up to two years after the end of the participation period – including in processed form or in
part – on its internet presence and on its social media channels. Schleich is entitled to check the submitted photos before they are published and to refuse their publication at its reasonable discretion.
- Other rights and rights of use
We reserve the right to terminate the competition for important reasons. Termination for important reasons may occur in particular if proper execution of the competition can no longer be guaranteed for technical or legal reasons. Should such termination be caused by the conduct of a participant, the organizer shall be entitled to demand compensation from this participant for the damage incurred.
There is no right of appeal.
The participant guarantees that they took the submitted photo themselves and transfers the existing usage rights to the organizer for the purpose of competition implementation as well as advertising measures in accordance with these Conditions of Participation. The aforementioned usage rights are granted free of charge and allow the participant to use the photo to take part in the competition.
The participant also guarantees that the submitted photo is free of third-party rights, takes responsibility for any claims raised against Schleich relating to their photo, and releases Schleich from all costs, including appropriate legal defense costs.
The laws of the Federal Republic of Germany apply to the contract and competition participation, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies insofar as it does not deprive the consumer of protection granted by mandatory legal provisions in the country of the consumer's habitual residence.
The invalidity of individual provisions of these Conditions of Participation does not affect the effectiveness of the remaining provisions.
Section 1: Information
- The controller in accordance with Article 4 (7) of the EU General Data Protection Regulation (GDPR) with regard to this competition is
Am Limes 69
73527 Schwäbisch Gmünd
T: +49 (0) 7171 8001 0
Additional contact information can be found in the provider identification of our website (Imprint).
Our data protection officer can be contacted at the aforementioned postal address with the supplement "Data protection officer" or by email to email@example.com.
- Processing of personal data is required for participation in the competition. The organizer will only process the participant's details and other personal data within the framework of the statutory provisions of the applicable EU General Data Protection Regulation (GDPR). Processing takes place on the basis of Article 6 (1) (b) GDPR for implementation of the competition. Any participant is entitled to object in accordance with Article 21 GDPR, and also has the right to access, rectification or erasure, restriction of processing and the right to data portability. Every user also has the right to complain to a data protection supervisory authority about the processing of their personal data by the organizer. The personal data will be stored for as long as necessary for the implementation.
- If, as part of your participation in the competition, you have given your consent to further use of your personal data for advertising purposes, for example by subscribing to a newsletter, then the contact details required for this will be stored in our advertising database and used to contact you within the framework of the respective consent until such consent is withdrawn.
Section 2: Your rights
(1) You have the following legal rights with regard to your personal data collected by us:
- the right to access,
- the right to rectification or erasure,
- the right to restrict processing,
- the right to object to processing,
- the right to data portability.
(2) You also have the right to make a complaint to a data protection supervisory authority regarding our processing of your personal data.
Section 3: Third parties
For processing of participant data as part of the competition, the organizer may use external service providers, for example technical service providers for the provision of storage space for internet pages and their functions or, for example, a parcel service for the delivery of prizes. These third parties are carefully selected and commissioned by the organizer, and are bound to comply with the instructions of the organizer in the event that they process data on its behalf. Insofar as these service providers or partners are based in a country outside of the European Economic Area (EEA) they are bound by additional requirements necessary in accordance with Article 44 et seq. GDPR. In accordance with statutory provisions, the personal data provided for participation in the competition will not be passed on to third parties for advertising purposes.
Section 4: Objection or withdrawal from the processing of your data
(1) If you give your consent to the processing of your data, this can be withdrawn at any time. Such a withdrawal of consent influences the admissibility of processing of your personal data once you have informed us of this withdrawal.
(2) If we base the processing of your personal data on the weighing up of interests, you may object to the processing. This is particularly the case if the processing is not required for the fulfillment of a contract as specified by us in the subsequent description of functions. In the case of such an objection we ask you to explain the reasons why we should not process your personal data as we have done. In the case of a justified objection we will review the situation and then either cease or adjust data processing, or demonstrate our compelling and legitimate reasons for continuing with the processing.
For any further questions about data protection you are welcome to contact us using the contact details provided above. As a precaution, we would like to point out that absolute confidentiality of information transmitted via the Internet cannot be guaranteed for technical reasons. For confidential information we recommend a different transmission method be agreed with us.