General terms and conditions of participation in the competition - Facebook
§1 Scope of application/ Exemption from Facebook
1.1 These Terms and Conditions of Participation apply to participation in all competitions organised by Ravensberger Schmierstoffvertrieb GmbH, Jöllenbecker Str. 2, 33824 Werther (hereinafter referred to as "Ravenol") via the Facebook wall at [https://www.facebook.com/RavenolGermany/] (hereinafter referred to as "Facebook wall").
1.2 In the course of the competitions, the Facebook profile name of the participants will be recorded by Ravenol as the competition organiser (hereinafter also referred to as the "Organiser").
1.3 The competitions via the Facebook wall are in no way connected to Facebook, Inc. or Facebook Ireland Ltd. The competitions are in no way sponsored, supported or organised by Facebook and do not give rise to any legal claims against Facebook. All information within the scope of the competitions is provided exclusively by Ravenol as the organiser.
1.4 By participating in the competition, the participant expressly accepts these general conditions of participation.
1.5 Ravenol does not accept any deviating, additional or contradictory general terms and conditions of the raffle participant, so that they are not included in the contract. This does not apply if Ravenol has expressly agreed in writing to the inclusion of the general terms and conditions of the contest participant.
§ 2 Eligibility/ Participation
2.1 Only adults, i.e. persons who have reached the age of 18, are eligible to participate. Minors are excluded from participation. The sending of prizes to underage persons is excluded.
2.2 Only natural persons who are resident in Germany are eligible to participate.
2.3 Each participant is only entitled to participate in the competition once. Multiple entries are excluded. Participation is only possible via the highly personal Facebook registration (one's own Facebook account). If the organiser becomes aware of technical manipulation or any other violation of these conditions of participation, it will exclude the participant from the competition. Technical manipulation includes, but is not limited to, multiple registration of a person, participation via a lottery service or similar automated collective participation services. In such cases, the prize may also be subsequently withdrawn and a replacement winner drawn.
2.4 All employees and bodies of Ravenol Schmierstoffvertrieb GmbH and all subsidiaries/participations as well as the participating suppliers of the test products and prizes and sponsors are excluded from participation.
§ 3 Prize draw procedure
3.1 Participation in the competition can only take place within the period specified on the Facebook wall for the respective competition. The competition begins at the time of publication on the Facebook wall. Participation is only possible until the respective entry time stated. The relevant entry deadlines will be announced in the form of a post about the competition on the Facebook wall.
3.2 Participation in the competition is excluded after the specified entry deadline. The electronically logged receipt by the Promoter is decisive. The Promoter cannot be held responsible for any technical malfunctions, e.g. any telephone network failures or server malfunctions, which prevent timely entry.
3.3 Depending on the competition, participation is possible, for example, by liking a post on the Facebook page of the organiser, commenting on it or writing a message to Ravenol as the operator of the Facebook page.
3.4 Comments may not contain any illegal or immoral content, e.g. no pornographic, inciting, inhuman or in any other way contrary to the sense of decency of all fair and just thinking people. In case of violation of these rules, the participant has to take responsibility for any legal violations. In this respect, the participant fully indemnifies Ravenol from all claims of third parties including the necessary costs of legal defence and prosecution.
3.5 The prize designated on the Facebook wall will be raffled among all participants who meet the requirements of these conditions of participation. The decision will be made at random. The winners will be drawn by the employees of the Ravenol marketing department. The draw will be recorded.
§ 4 Winning notification/ Winning transfer
4.1 The winners will be determined immediately after the end of the competition and announced on the Facebook wall.
4.2 The winner must then demonstrably claim the prize within one (1) week, by message on the Facebook page, at the email address: firstname.lastname@example.org, by telephone at 05203/97190, or by post to Ravensberger Schmierstoffvertrieb GmbH, Jöllenbecker Str. 2, 33824 Werther, and provide his/her contact details (surname and first name, postal address and email address).
4.3 If a winner does not respond within the period specified in 4.2, the claim to the prize shall lapse. In this case, a new winner will be drawn from among the participants entitled to win. The same applies in the event that a winner provides incorrect contact details and the prize cannot be sent or handed over for this reason or for other reasons for which the winner is responsible.
4.4 As a rule, the prize will be delivered by post or email (e.g. in the case of vouchers). If the prize is not delivered but has to be collected at another location, this will be indicated separately in the posting.
4.5 Ravenol will send the prize to the winner free of charge.
4.6 The prizes will be given to the participants for private use only.
4.7 Participants in the competition are entitled not to accept the prizes provided. In this case, the prizes are to be returned at the expense of Ravenol to the address specified in section 1.1.
§ 5 Type and scope of the prizes
5.1 The prize will be stated in the respective competition posting.
5.2 Only non-cash prizes are offered. Payment of the prize value in money or exchange of the prize is excluded. The right to win is not transferable.
5.3 The prize is to be redeemed within a period of three years, beginning with the end of the year in which the winner has offered the prize and claimed his prize in accordance with section 4.2.
55.4 In the event that the transfer of the prize becomes impossible or is only possible at unreasonable expense to Ravenol, the winner will receive a substitute of equal value. A cash payment of the winnings or any substitute winnings is not possible under any circumstances.
§ 6 Data protection
6.1 Personal data will be collected from the winner as part of the competition. We require this data for the purpose of processing the competition. In particular, the surname and first name, postal address and email address of the persons concerned will be collected, stored and used for this purpose. The data will not be passed on to third parties. Ravenol as the competition organiser is also entitled to publish the Facebook profile picture and the name of the winner in connection with the competition (i.e. also outside of Facebook, such as on the company's own website).
6.2 By participating in our Facebook competitions, each participant simultaneously agrees to our data protection guidelines.
§ 7 Reservation clause/ Exclusion from participation
7.1 Ravenol reserves the right to modify, interrupt or terminate the competition at any time without prior notice and without giving reasons. However, Ravenol will only make use of this option if for reasons of force majeure, technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or for legal reasons a proper execution of the game cannot be guaranteed.
7.2 Ravenol reserves the right to exclude a participant from the competition, taking into account the legitimate interests of the participant, after issuing a warning, if the participant commits a significant breach of these terms and conditions of participation or if there are concrete indications that the participant is using unfair or manipulative means to gain an advantage, in particular within the meaning of section 2.4.
§ 8 Liability
8.1 Ravenol is liable in all cases of contractual and non-contractual liability in the case of intent and gross negligence in accordance with the statutory provisions.
8.2 In other cases, Ravenol is liable - unless otherwise provided for in section 8.3 of these Terms and Conditions - only in the event of a breach of a contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may therefore regularly rely (so-called cardinal obligation). In all other cases, the liability of Ravenol is excluded subject to the provisions of section 8.3 of these Terms and Conditions.
8.3 Insofar as Ravenol is liable on the merits in accordance with clause 8.1 of these Terms and Conditions of Participation, this liability is limited to damages that Ravenol foresaw as a possible consequence of a breach of contract at the time of the conclusion of the contract or should have foreseen by exercising due care. Indirect damages and consequential damages, which are the consequence of defects of the profits, are furthermore only compensable, as far as such damages are typically to be expected in case of intended use of the delivery item.
8.4 As the organiser of the prize draw, Ravenol is otherwise only liable for damages in connection with the prize draw caused by its own employees or other vicarious agents intentionally or through gross negligence. Ravenol as the lottery organiser is not liable for damages due to malfunctions of technical equipment, for delays or interruptions of transmissions or for damages in connection with the participation in the lottery.
8.5 The liability of Ravenol for damages resulting from injury to life, body or health and according to the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 9 Legal process
Legal process is excluded.
§ 10 Final provisions
10.1 The law of the Federal Republic of Germany shall apply; the provisions of the UN Convention on Contracts for the International Sale of Goods are excluded.
10.2 Should one or more of the above clauses be or become void, invalid or unenforceable in whole or in part, the remaining conditions shall remain valid. They shall be replaced by a corresponding valid clause. The same shall apply in the event of a loophole.
10.3 For reasons of better readability, the masculine spelling has generally been used for all terms. We expressly point out at this point that the exclusive use of the masculine form is to be understood explicitly as gender-independent and that both the feminine and the masculine spelling is meant for the corresponding terms.
Ravensberger Schmierstoffvertrieb GmbH
Jöllenbecker Str. 2, 33824 Werther