These participation conditions apply to all contests published on social media platforms as a post, story or similar (e.g. on Facebook or Instagram), having simple social media actions (like comments, likes or links) as entry condition.
I. Parties Involved
1. Organiser of the Contest
The above-mentioned contest is organised by ROSE Bikes GmbH, Schersweide 4, 46395 Bocholt, Germany. In addition to the above-mentioned campaign website, the organiser runs its own company website https://www.rosebikes.com/ and official social media accounts (e.g. on Facebook, Instagram, Twitter). Even if the contest is published on an ambassador's social media account, ROSE Bikes GmbH will be the organiser.
Participant is any individual who performs a simple action on a certain social media channel to enter the contest. This may be commenting (e.g. by mentioning another social media account), liking, sharing or linking a post. The action required to enter the contest is described in the publishing post.
3. End User
End User is any visitor to the social media platform who can see the social media actions performed by the participant.
1. Any individual who is at least 16 years old and resident in Germany, Switzerland or Austria is entitled to participate.
2. Legal representatives, employees, partners and all people professionally involved with the relevant promotion as well as the immediate family members of the above-mentioned people are excluded from entering.
3. Persons under the age of 18 require the written consent of their legal guardian/s to participate. The organiser is entitled to request at any time the participant/winner to prove the consent of the legal guardian/s. If the organiser requests such a proof and the participant/winner does not provide it within the specified period of time, the organiser is entitled to exclude the minor participant/winner from the participation/the winner’s position.
5. The organiser is at all times entitled to exclude participants from participation in the above-mentioned contest, provided that they violate the rules and regulations.
III. Publishing Post, Start and End of the Contest
1. The contest is published with a post, story or a similar social media publishing feature. The publishing post/story contains all relevant information on the contest.
2. The contest starts and ends on the date and time mentioned in the publishing post/story.
3. By the participation deadline all requirements for participation must be met in order to participate in the contest.
IV. Entry Actions (Actions Required to Enter the Contest)
To participate in the contest, the participant has to perform a certain, simple social media action that is described in the publishing post/story. This may be one of the following social media actions: commenting (e.g. by naming a social media account of another person), replying, sharing, linking a post, a story or a similar social media publishing feature. The participant may be asked to use a certain hashtag for the post etc. The actions to be performed are described in detail on the campaign website.
1. As part of the contest, there is a chance to win the prize specified in the publishing post/story.
2. The prize may not be paid or transferred to other persons.
3. Prizes will be distributed as described in the publishing post/story.
VI. Selection Process and Notification of the Winner
1. The organiser will select the winner in its free discretion.
2. The winner will be notified by direct message on the respective social media platform to the account holder who has performed the required action.
3. The notified winner must declare acceptance of the prize by a clear reply in the same form as the winning notification within the deadline set in the winners notice ("acceptance period"). If the winner does not respond to the winning notification within the acceptance period, the organiser will set a new deadline ("grace period") for the winner to accept the prize. Should the winner also allow this grace period to pass without any reaction, he loses his entitlement to the prize and the organiser selects a new winner.
VII. Exclusion of Liability
1. The liability of the organiser is excluded to the extent permitted by law.
2. Unpredictable system failures may lead to temporary or permanent system failures and data loss. The organiser is not liable for any resulting damages or data loss. The organiser is not liable for any kind of damages of the participant caused by other participants of the website. In particular, the organiser is not liable for any violations of personal rights suffered by the participant by other participants or end users. The organiser may at any time transfer all or part of its rights and obligations under these rules and regulations to third parties for the purpose of carrying out the contest.
3. The organiser will under no circumstances be liable for any damages resulting from a participant’s violation of the conditions. In all these cases, the participant releases the organiser from all damages and claims.
VIII. Termination and Restriction of the Contest, Change of Participation Conditions
1. The organiser reserves the right to restrict or discontinue individual services and features of the contest at any time and without giving reasons.
2. The organiser reserves the right to cancel or terminate the contest without prior notice and without giving reasons. This applies in particular if proper implementation cannot be guaranteed for technical or legal reasons. In such a case, the participant is not entitled to make any claims against the organiser.
3. The organiser reserves the right to change the conditions of the contest or to extend or limit the time frame, provided that there are objective reasons and the change is appropriate. The organiser will announce any new conditions on the campaign website.
IX. Final Provisions
1. The user relationship may be terminated at any time and without giving reasons by sending an email to [email protected] (Subject: “Social Media Contest [Name of the specific contest] – Delete data”). To verify the identity of the person requesting the termination and to determine the specific data, the organiser may contact the participant for any questions. The organiser will only store and process data if required by law for archiving purposes and/or in any circumstances in which legal permission is granted.
2. The participation in the contest is free of charge for the participant.
3. Any recourse to courts of law is excluded.
4. The participation conditions are governed by German law, expressly excluding its choice of law rules and the UN Convention on Contracts for the International Sale of Goods.
5. If any provision of the conditions is held invalid, the validity of the remaining provisions will not in any way be affected or impaired thereby.
6. We store the data of all winners collected for the processing of the contract until expiry of the statutory and/or potential contractual warranty and guarantee rights. After expiry of this period, we retain the information of the contractual relationship for the statutory periods required by commercial and tax law. For this period (usually ten years after winning the prize), the data will only be reprocessed in the event of a review by tax authorities for financial and tax verification purposes and in order to clarify any possible criminal activity. Provided that you have agreed to the use of your data for advertising purposes, we will process your data until revocation. You may withdraw your consent at any time by sending an email to [email protected]
7. According to the EU GDPR, participants have the right to request information on their personal data free of charge. In addition, they have the right to rectification, restriction of processing or erasure of such data. Right of access acc. Art. 15 EU GDPR
Right to rectification of inaccurate personal data and completion acc. Art. 16 EU GDPR
Right to erasure acc. Art. 17 EU GDPR
Right to restriction of processing acc. Art. 18 EU GDPR
Right to data portability pursuant to Art. 20 EU GDPR
Right to object to processing of personal data acc. Art. 21 EU GDPR