General Terms and Conditions for ShopScout competitions
The following entry terms and conditions apply to competitions organised by POSpulse GmbH, Sonnenallee 223, 12059 Berlin, Germany (hereinafter ‘ShopScout’) under the ‘ShopScout’ brand. Competitions may only be entered in accordance with these general entry terms and conditions. Competitions are not supported by Apple, Google or Facebook and are not linked to Apple, Google or Facebook. Contact and party responsible is ShopScout. If the respective competition details contain different rules, these shall take precedence over these general entry terms and conditions.
2. Entry requirements
- The minimum age for entry is 18. Employees and legal representatives of ShopScout, of companies associated with ShopScout or of partners in the context of prize competitions shall not be entitled to enter. The same applies to their relatives or spouses/partners. Organised competition sites/clubs or similar and their members are also excluded from entry.
- If the Competition Organiser becomes aware of technical manipulations or other breaches of these terms and conditions of entry, it shall exclude the respective entrants from the competition. Technical manipulation means multiple registrations by a single person, entry via a competition service or similar automated collective entry services. In such cases, prizes may be disallowed, even retrospectively, and a substitute winner drawn. A request to return prizes may be made in such cases.
- Depending on the competition, entry may involve, for example, sending in photos, answering questions or completing a survey, performing a ShopScout job or sending an e-mail to ShopScout. The exact details of entry can be found in the respective competition details. In the case of competitions requiring the submission of a video, photo, image, text or a similar contribution (hereinafter ‘work submitted’), for example by uploading in the ShopScout app, to a website, posts on Facebook, Instagram or other social networks, or postal submission, the terms and conditions pursuant to Section 4 shall also apply.
3. Start and end
- The start of a competition shall be the date stipulated in the competition details or the date of publication on our Facebook page. Entries may only be submitted prior to the respective draw date. The relevant dates can be found in the competition details. There shall be no entitlement to disclosure of the number of entrants or the draw procedure.
- Electronically logged receipt by the Competition Organiser of complete entries pursuant to Section 2, paragraph 3 shall be definitive. The Competition Organiser may not be held liable for any technical problems, for example outage of phone network or server issues, which prevent entry before the deadline.
4. Competitions requiring the submission of a video, photo, image, text or similar contribution
- To enter competitions requiring the submission of a video, photo, image, text or similar contribution (hereinafter ‘work submitted’), for example by uploading in the ShopScout app, to a website, posts on Facebook, Instagram or other social networks, or postal submission, the terms and conditions pursuant to this Section 4 shall also apply.
- Work submitted may not infringe on any third-party rights. Entrants must have produced work submitted themselves. In particular, videos/photos/images submitted may not depict people who have not agreed to such depiction for this purpose. Moreover, videos, photos, images may not depict work of a third party (architecture, art, brand names etc.) insofar as copyright and related rights or other third party rights exist in respect of such work and the person submitting has no rights of use.
- Work submitted may not have any illegal or immoral content, for example, no pornographic, seditious or inhuman content or content that is otherwise contrary to common decency.
- In the event of breaches of these rules, entrants shall be responsible for any legal infringements. Entrants shall exempt ShopScout in full in this respect from any third party claims, including any necessary costs for legal defence and legal action.
- Entrants agree to the publication of work submitted in our Facebook album, blog or on the ShopScout Instagram page indicating the name of the entrant in a shortened form (or Facebook/Instagram profile name). ShopScout points out that any videos/photos/images, texts and similar contributions that are posted may also be discussed or linked on social media (in particular Facebook), and also via the ShopScout website or third parties.
- Work submitted will only be used by ShopScout in the context of the competition including its announcement and media support. For this purpose, entrants assign ShopScout the right at no cost, which is unlimited in terms of time and geographical location, to copy and distribute work submitted and supply and save this to electronic databases (Facebook, Google Images search and all services associated with these media), electronic data networks (for example, the Internet), phone services etc. and to make it available to an unlimited number of users by means of digital or other storage and transmission technology, such that these users can receive the work or preview images of this by retrieving it individually using an end device that can be connected to the Internet, a network or other telecommunication channel (for example, TV, computer, mobile phone). This right of use extends to all transmission routes (cable, radio, microwave, satellite), systems (GSM, UMTS etc.), protocols (TCP/IP, http, WAP) and formats (MKV, MPEG, JPG, PNG, DOC, TXT). Entrants also assign ShopScout the right to edit (for example, scale, trim or convert) work in a manner that retains its meaning, and to use the edited work for the purposes cited in this paragraph to the same extent as the work submitted.
- The Competition Organiser reserves the right not to publish work submitted, or to publish it only in shortened or modified form, provided this does not distort the meaning or impact.
5. Prizes and determining winners
- Prizes are indicated in the respective competition details.
- If the respective prize is credit or a non-cash benefit, it shall not be possible to receive payment of the prize value in cash or exchange the prize. Entitlement to prizes shall be non-transferable.
- Determining prize winners/accepting prizes: Prize winners will be determined in the event of entry by the posting of a video/photo/image/text or other work (see Section 4, paragraph 1) by the ShopScout jury, unless other details of how prize winners are selected are given in the competition details (for example, ‘the photo with the most likes wins (voting by users)’). If winners are chosen by the ShopScout jury, which consists of two ShopScout employees, it will determine the winner from among all the work submitted. If the posting of individual content is not required for entry purposes, but entry simply consists of liking a post or answering a question, then winners shall be chosen at random.
- Winners shall be chosen at the end of a competition and notified by e-mail (unless indicated otherwise); the date of notification will be stated in the competition details. The payment or dispatch of a prize may take up to five working days and longer in exceptional cases.
- Winners shall confirm acceptance of the prize awarded within an appropriate period indicated in the prize notification (by e-mail). If this does not happen in time, a new draw may be made.
- As a rule we send prizes in the post or by e-mail. Therefore, in the event of notification, winners shall provide their full contact details along with postal and e-mail addresses. If prizes are not sent, but need to be collected from the competition venue, separate reference will be made to this in the competition details.
- Legal recourse shall not be possible.
6. Warranty and liability
- Prizes, which are provided by partners or prize sponsors, shall not generally be offered by ShopScout in its own name, but rather in the name of the respective partner or sponsor stated in the respective competition details. In such cases, ShopScout shall not be liable for the timely and full distribution of prizes or for material or legal defects or for any inability on the part of the respective partner/prize sponsor to pay and resulting consequences for the competition.
- If a prize involves offerings from a third party (for example, partner, sponsor, tourism provider, travel agent etc.), ShopScout as the Competition Organiser shall not be liable for non-performance or poor performance in the context of provision of the prize by the third party or for any damages incurred by winners as a result of accepting such prizes. The respective terms and conditions of business of the third party shall apply. Any warranty claims or claims for compensation shall be made by winners solely to the provider of the prize/prize sponsor.
- ShopScout shall be liable as Competition Organiser only for damages in connection with the draw, which have been caused by individual employees or other vicarious agents intentionally or as a result of gross negligence. ShopScout shall not accept any warranty or responsibility for damages due to problems with technical equipment, for delays or interruptions to transmission or for damages arising in connection with competition entry.
7. Data protection; publication of winners’ names
- Personal data shall be collected from winners and any persons accompanying them in the context of competitions. We require this information for the purpose of competition organisation. In particular, the first name and surname, mailing address and e-mail address of the party concerned shall be collected, saved and used for this purpose.
- ShopScout may publish the Facebook profile picture and the name of the winner (also outside Facebook, on our website, for example).
- If entry involves the submission of work, entrants may be named publicly in accordance with Section 4, paragraph 5 (Instagram or Facebook profile name or name in shortened form).
- The ShopScout data protection statement available at www.beshopscout.com applies to competition entry.
8. Early termination of a competition
The Competition Organiser reserves the right to change elements of competitions due to unforeseen circumstances without prior notification or to cancel or terminate competitions. The latter shall apply in particular if errors occur in software and/or hardware or if other technical or legal reasons significantly affect the normal and proper running of the competition or render this impossible.
9. Other matters pertaining to competitions
Competitions shall be subject solely to the law of the Federal Republic of Germany.
Should one or more of the above provisions be null and void, invalid or unworkable, either in full or in part, or should this be the case in the future, this shall not affect the validity of the other provisions. An appropriate valid clause shall replace such clauses. The same shall apply in the event of a gap in the provisions.