Conditions of participation
These terms and conditions govern participation in all competitions on the welliebellies.de website and their conduct, unless explicitly referred to in separate terms and conditions. The organizer is Marvida GmbH, Hammstr. 1, 67227 Frankenthal (hereinafter referred to as the "Organizer"). By participating in the respective competition, participants accept the following terms and conditions.
1. Eligibility
Unless otherwise stated in the respective competition, natural persons residing in Germany, Austria, or Switzerland and at least 16 years of age are eligible to participate. Minors may only participate in the respective competition with the consent of their legal guardian. Employees of the organizer and its affiliated companies, as well as employees of cooperation partners who are or were involved in the creation or administration of the competition, are excluded. Multiple entries and participation via automated mass processes or competition associations are not permitted.
2. Details of the competition
The exact participation period, the competition question and the type of participation and winning opportunity as well as, if applicable, the details of the prize are described in detail on the respective competition page.
3. Prize settlement
The prize will either be sent to the postal address provided by the entrant, or the winners will be notified after the competition has ended via the email address provided in the competition (for competitions via third-party sites such as Facebook, via a post on the relevant page) about the prize, the prize processing, and any necessary next steps (e.g., providing the full postal address or returning any documents). If a participant cannot be contacted or does not follow the next steps within the notified time frame, the organizer may select a new winner. The original winner's claim to the prize will be forfeited. The prize will be sent via Marvida GmbH.
4. Profit
The item presented as a prize in the competition may differ from the item won (e.g. in terms of model, color, etc.).
Cash payment of the prize (unless it is a cash prize) or transfer to another person is not possible.
Prizes will only be delivered to an address in the eligible countries of residence for the competition. The place of performance remains the registered office of the organizer, despite the organizer covering shipping costs.
The original winner's claim will be forfeited if the prize is not delivered within one week of the first notification of the prize for reasons within his or her sphere of influence.
5. Rights of use, indemnity and liability
If creative contributions are submitted as part of the competition (e.g. photos, videos or stories), the following applies:
a) The organizer is not obligated to review the content provided by participants (e.g. photos) for potential violations of third-party rights. However, the organizer is entitled to reject content if, in its reasonable opinion, it is illegal or violates common decency. By uploading content, especially images, participants declare that the content is free of third-party rights, i.e. that the content either originates from them or they have obtained the consent of the authors and the persons depicted in the images and videos and that these persons are at least 16 years old. The participants indemnify the organizer against all claims by third parties that arise from the content provided. They agree to support the organizer in every reasonable way in defending against these claims.
b) Participants agree that their submissions may be used, distributed, and otherwise made publicly available to third parties by the organizer in online and offline media (e.g., print media) and through all other known means of use in connection with the competition and the drawing, processing, and presentation of the participants' contributions. However, there is no right to publication. For these purposes, the organizer is also permitted to edit the submissions and, if necessary, to grant third parties rights of use. The granting of rights of use includes the option of making the image material available online for retrieval by third parties and of archiving the images. The granting of rights is free of charge and without any spatial, content-related, or temporal restrictions.
c) The participant waives any right to be named as the author under Section 13 of the German Copyright Act (UrhG) and to have his name mentioned in full in connection with his submissions.
6. Availability and function of the competition
The availability and functionality of the competition cannot be guaranteed. It may be terminated or removed due to external circumstances or constraints, without giving rise to any claims by participants against the organizer.
These include, among other things, technical problems, official requirements (e.g. in connection with the Covid-19 pandemic), rule changes or decisions by social platforms, such as Facebook, if the competition is held on or in connection with them.
7. Liability
The following exclusions and limitations of liability apply to the Organizer's liability for damages, without prejudice to the other statutory requirements for claims under this section:
The organizer is liable without limitation if the cause of damage is based on intent or gross negligence.
Furthermore, the organizer is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the contractual purpose, or for the breach of obligations whose fulfillment makes the proper conduct of the competition possible in the first place and on whose compliance the contracting parties regularly rely. In this case, however, the organizer is only liable for foreseeable, contract-typical damages. The organizer is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability do not apply in cases of injury to life, body, or health, for defects after the assumption of quality guarantees for the quality of a product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
To the extent that the organizer’s liability is excluded or limited, this also applies to the personal liability of the organizer’s employees, representatives and vicarious agents.
8. Data protection information
The organizer collects and uses the participant's personal data only if the participant has given their consent or if this is otherwise permitted by law. Further details are explained in the participation form. The organizer's privacy policy must also be observed.
9. Notices and conditions of third-party platforms (e.g. Facebook)
If the competition is offered by the organizer via a third-party platform (e.g. Facebook, Instagram, YouTube, Snapchat or Pinterest), the following applies:
a) In addition to these terms and conditions of participation, the relationship between the organizer, the participant and the third-party platform is determined by the terms and conditions of participation and the data protection rules of the platform operator (see, for example, Facebook terms of use or data protection rules, Instagram terms of use or data protection rules).
b) Participants cannot assert any claims against social platforms (e.g. Facebook, Instagram) on which the competition may take place, in connection with the use of the competition application or participation in the competition.
c) Participants acknowledge that both the competition application and the competition are in no way sponsored, supported or organized by the third-party platform (e.g. Facebook, Instagram) and are in no way connected to the third-party platform (e.g. Facebook).
d) All information and data provided or collected by participants through the use of the competition application or during the competition will be used solely for the purposes of the competition and will not be disclosed to third parties unless the participant gives his or her consent.
e) All inquiries and information regarding the competition should be addressed to the organizer and not to the third-party platform (e.g. Facebook, Instagram).
10. Other legal information
The organizer reserves the right to exclude individuals from the competition. In particular, individuals who use unauthorized aids or otherwise gain advantages through manipulation will be excluded. The organizer may also declare such exclusion retroactively, revoke prizes, or demand the return of prizes. The organizer is free to make this assessment.
Should individual provisions in these Conditions of Participation be invalid, this invalidity shall not affect the validity of the remaining provisions of the Conditions of Participation.
The law of the Federal Republic of Germany applies (if applicable, in combination with mandatory provisions of Swiss or Austrian law). Legal recourse is excluded.
