General Terms & Conditions For Participation In Facebook Competitions
run by FEZ Berlin (hereinafter referred to as "Organiser"):
1. Scope/Indemnification from Facebook
These terms and conditions of participation apply to all competitions that we run via our Facebook page at www.facebook.com/fezberlin. Within the scope of these connections, the Organiser's Facebook profile name is used. The competitions that are run via our Facebook profile are not linked in any way to Facebook, Inc. or Facebook Ireland Ltd. Nor are the competitions sponsored, supported or organised by Facebook. Any legal claims against Facebook from participants or the Organiser are therefore excluded. All information required for the competitions is provided exclusively by the FEZ Berlin.
By participating in a competition, the Facebook user expressly accepts these general terms and conditions. All participants must be at least 18 years of age. Competition entry is strictly prohibited to employees of the FEZ Berlin, employees of the FEZ Berlin's affiliated companies and employees of the FEZ Berlin's partners for the purpose of the competition in question. Equally, competition entry is strictly prohibited to relatives and life partners of the people listed above. Participation is only possible via the personal Facebook login (own Facebook account). Should the Organiser become aware of any technical manipulation or a breach of these participation terms and conditions, then the participant in question may be excluded from the competition. Technical manipulation includes but is not restricted to multiple registrations of one person, participation via a lottery service or other similar group participation services. In such case the prize can be subsequently withdrawn at a later date and an alternative winner be found. Each competition begins at the time of the publication date on our Facebook page, unless otherwise stated, and entry can take place up until the stated draw date. For each competition, the possible times of entry can always be found on our Facebook page. Depending on the competition, participation is possible by liking a post on our Facebook page, by comenting on such a post or by sending a message to the FEZ Berlin as the operator of the Facebook page. On occasions, the Organiser may also set up a competition in which Facebook users determine a winning entry (e.g. the winner is the photo with the most likes). In order to take part in such competitions, the participant must have already posted a photo/text to the FEZ Berlin Facebook page. When posting a photo or text contribution, the following additional conditions apply: the uploaded photo/image/text contribution must not infringe upon the rights of any third party/parties. Therefore, only photos, images and text that the participant has created or taken himself/herself are permitted. In particular, photos may not depict people who have not consented to their picture being taken and used for the purposes of the competition in question. Likewise, competition entries must not feature works of third parties (architecture, art, trademarks) which have copyright protection or intellectual property rights and for which no usage permit exists. Moreover, uploaded photos, images and/or text (e.g. poems) may not contain any illegal, indecent or unethical content including but not limited to content that is pornographic, inflammatory, discriminatory, inhumane or disrespectful as well as content that is, in any other way, judged to be at odds with common decency. If these regulations are contravened, the participant is solely responsible and liable for any legal consequences. In this respect, the participant indemnifies FEZ Berlin completely from all third party claims including the necessary costs of legal defence and prosecution. By posting a photo or image, the participant consents to the publication of the photo or image in the FEZ Berlin's Facebook photo album alongside his or her name (or, as the case may be, his or her Facebook profile name). We declare that the photo or image will only be used by us for purposes relating to the competition in question. The participant is, however, aware that the photos, images or texts posted in Facebook may be discussed or linked on the FEZ Berlin's internet pages and/or by third parties on social media platforms (in particular Facebook). The participant transfers the right of usage of these photos to visitBerlin free of charge. This right of usage is valid at any time and via any means and allows visitBerlin to reproduce or distribute the photos, as well as to feed them or save them in electronic databases (Facebook, Google Image Search and all media linked with these services), electronic data networks, telephone services etc. and make them accessible to multiple users by means of digital or other storage and transmission technology so that these users can receive each image at short notice as selected, by means of a television, computer or mobile phone. This includes all transmission paths (cable, radio, microwave, satellite), all mobile systems (GSM, UMTS, etc) and all protocols (e.g. TCP/IP, http, WAP, HTML, XML, etc.). The Organiser reserves the right not to publish photos/images or other contributions or to publish shortened or edited version of photos/images or contributions provided that the intended message is not changed or distorted. The concrete actions necessary to participate in a competition run on the Facebook page of the FEZ Berlin can be found on the relevant section of the FEZ Berlin Facebook page. Participation after the specified date for the announcement of the winner is excluded. The information recorded electronically by the Organiser is decisive and binding in all instances. The Organiser is not responsible or liable for any technical malfunctions, such as a failure of the telephone network or server, which may prevent a potential participant from entering the competition by the specified date.
3. Winners/Winner Announcement/Liability
The prize for each competition winner will be stated in each competition posting. Prizes will always be physical objects or goods. Exchange of the prize or a payout of the equivalent value of the prize in money are both excluded. The claim to a prize through a competition win cannot be passed onto a third party. Die In general, a winner will be determined by the drawing of lots for competitions where participation is via the uploading of a photo, image or text. Should another method (e.g. photo with the most 'likes' from Facebook users) be used to determine the winner, this will be clearly stated on the FEZ Berlin Facebook page. The drawing of lots shall be conducted by an FEZ jury, composed of two FEZ employees, where one winner is selected from all uploaded photos, images and texts. If creating your own content is not required for the purposes of entering a competition, with entry instead requiring other means such as 'liking' a Facebook post or answering a question, then the competition winner will be picked at random. The winner(s) of each competition will be determined and announced immediately after the conclusion of the competition and notified via Facebook. If receiving notification of having won a prize, the winner must provide written confirmation (e.g. via email) that he or she wishes to accept the prize within the time frame stated. In this written confirmation, the winner must also provide complete contact details, including postal address and email address. If the prize is to be collected at the competition venue rather than delivered via post, then this will be explicitly stated in the competition information. In such cases the participant is responsible for checking opening times and/or visiting times. The Organiser reserves the right to make changes to individual services offered within the scope of the event programme. Legal recourse is hereby excluded.
Some competition prizes are provided by cooperation partners or sponsors rather than the FEZ Berlin. In each case the FEZ Berlin will state that the prize is being offered by the partner or sponsor and not by the FEZ Berlin. Furthermore, when competition prizes are not provided by partners or sponsors, the FEZ Berlin is not responsible for ensuring the prize is delivered on time or in its entirety, nor is the FEZ Berlin liable for any consequences relating to defects to the prize or for circumstances when the the cooperation partner or sponsor is unable to provide the prize. As long as a prize is offered by a third party, the FEZ Berlin is not liable for non-fulfilment or poor fulfilment of services in relation to the prize being awarded or for any damages suffered by the competition winner arising from use of the services provided by the third party. The business terms and conditions of the cooperation partner or sponsor applies in each case. Any warranty claims or damages should be directed to the service provider or sponsor. As the competition Organiser, the FEZ is only liable for damages arising in association with the selection of a winner via the drawing of lots, which were caused intentionally or as a result of gross negligence by its own employees or other vicarious agents. As the competition provider, the FEZ is not liable for damages arising from technical malfunctions, delays or interruptions to communications or for damages associated with participation in the competition.
5. Data Protection
6. Early Termination of Competitions
The Organiser reserves the right to change elements of the competition, interrupt it or cancel it due to unforseen circumstances without giving any prior notice. This especially applies if there are software or hardware errors or any other technical problems or legal reasons that may influence or prevent the running of the competition.
Competitions run by the FEZ are subject solely to the laws of the Federal Republic of Germany. The English translation displayed here is for information purposes only and has no legal basis. Should individual or multiple clauses in these general competition terms and conditions become void, ineffective or unenforceable, the remaining conditions shall stay in force. The clause in question shall be replaced by an equivalent, valid clause remaining as close as possible to the original intent of the void, ineffective or unenforceable clause. The same applies in case of a loophole or contract emission.
FEZ Berlin Children's, Youth & Family Centre
operated by die KJfz-L-gBmbH
Straße zum FEZ 2