Conditions of Participation and Data Protection Notice

§ 1 Subject

  1. These conditions of participation and the data protection notice govern participation in the competition by CYBEX GmbH, Riedinger Straße 18, D-95448 Bayreuth (in the following: Promoter) and the entrant as well as the use of data collected from or divulged by them.
  2. By taking part in the competition, the entrants accept these conditions of participation.
  3. The prerequisites for participation, the length of participation, the prizes and information on the prize draw arise from the description of the competition on the competition page or are specified below.

§ 2 Right of Use, Indemnity and Responsibility

  1. If you have registered on our campaign page, and you post an image on Instagram with our hashtag action marker (#cybexmoment) , your image will be automatically linked to our campaign page https://competition.cybex-online.com. We reserve the right to remove posts from our Campaign Page. The publication of your content does not constitute a right in itself.
  2. By uploading your images with the campaign hashtag (#cybexmoment, you grant CYBEX the non-exclusive right, to use the posted images. CYBEX may edit your images, using digital image processing to suit our own online appearance.
  3. You guarantee to CYBEX that you t hold the rights to all images you post, and you grant CYBEX the non-exclusive right, unlimited by content, time and space, to use posted texts and images. Furthermore, you assure CYBEX that your images do not in any way infringe the rights of third parties; this relates i largely to copyright law and the personality rights of photographed individuals. Should your image appear on our Campaign Page without your consent and you wish for it i to be removed from the page, please contact: socialmedia@cybex-online.com .

§ 3 Responsibility for Contributions and Content

Contributions, comments and images on the Campaign Page https://competition.cybex-online.com solely and exclusively reflect the opinions of the person who posted them (referred to in the following as: user). CYBEX accepts no responsibility for contributions or content published by the users. The user accepts full responsibility for any contributions they make that violate the rights of third parties or, for other reasons, contain unlawful content. The same applies for links contained in these contributions to other online websites  “Hyperlinks”), that are maintained by third parties, over whose content CYBEX has no control. The use of such hyperlinks is, therefore, entirely at the user’s own risk. The respective user is personally liable for any violation of third party rights (e.g. copyright or personality rights). CYBEX makes every effort to control the content of the contributions and hyperlinks contained therein. CYBEX does not, however, either expressly or implicitly, recommend or endorse the views expressed within such content or linked websites. Furthermore, CYBEX does not accept responsibility or liability for the content appearing on websites related to such links, nor for any violations of legal requirements and/or infringements of third party rights (e.g. copyright, brand rights or personality rights) contained therein. Should CYBEX become aware of unlawful content,  it will be deleted  immediately. If you would like to inform CYBEX of unlawful contributions and content, please contact: socialmedia@cybex-online.com.

§ 4 Price & Eligibility

  1. The competition is ongoing, latest to the end of the last month mentioned on the competition page.
  2. The monthly prizes are described on the competition page. 
  3. This competition is open to all residents of the European Union, excluding any oversee territories, who are over the age of 18 as of July 1st, 2015. Persons in any of the following categories are not eligible to participate or win a prize: a) persons, who from and after July 1st, 2015 were or are employees or agents of Promotor or its affiliates, parent or subsidiaries, or the service agencies or independent contractors of the above organization(s); b) persons who are engaged in the development, production, distribution of materials, or drawing of winners for this give-a-way.

§ 5 Execution

  1. No cash or other alternative to the prize is possible; exchange or transfer to other persons is not possible. A participant can forgo his prize. In this case, the next runner up replaces him in the rank order of winners. Delivery of the prize will be arranged individually with the participants.
  2. The participants will be notified promptly per e-mail at the e-mail address provided or per post about any prizes and requested to confirm them.
  3. If a participant does not accept his prize within four weeks, entitlement to the prize will lapse. Should the contact details provided prove incorrect (e.g. e-mail addresses) the Promoter is under no obligation to research the correct addresses. The detriments ensuing from incorrect contact details are at the participant’s own expense.

§ 6 Exclusion of Warranty

  1. The Promoter advises that the availability and function of the competition cannot be guaranteed. The competition can be terminated or removed owing to external circumstances and constraints and does not give the participants any right to make claims on the Promoter.
  2. These can include technical problems, amended rules or decisions by Facebook.

§ 7 Data Protection

  1. The Promoter collects and uses the participant’s data to the extent allowed by the law or that to which the participants agree.
  2. The data is stored on the servers of the Promoter following current German laws and regulations and will not be shared with third parties.
  3. Data is only for the Promoter and the Promoter does not disseminate or modify the data for his own purposes. The Promoter collects data from the entrants only for the purpose of designing, implementing and administering the competition. That includes in particular general user information on Facebook such as name of the entrant, e-mail address, Facebook user-ID and profile picture. Should other data be collected for these purposes, the entrants will be notified before participation e.g. via the competition form and this will be communicated transparently.
  4. The entrants can request information in writing from the Promoter at any time about which personal data is stored by the Promoter, and can request correction or deletion and revoke consent to data utilization.
  5. By agreeing to participate in the lottery, the entrants agree to receive a one-time OptIn-E-Mail for the reception of commercial e-mails (newsletters) from the Promoter. 

§ 8 Terms and Conditions of Facebook

  1. As well as the conditions for participation, the relationship between the Promoter, the entrant and Facebook will be regulated by the conditions for participation on https://www.facebook.com/terms.php and Facebook’s data protection rules: https://www.facebook.com/privacy.
  2. The entrants cannot assert claims against Facebook in connection with the use of the gaming application or arising from participation in the lottery.
  3. The entrants recognize that both the gaming application and the game is not sponsored, supported or organized in any way by Facebook and there is no connection with Facebook.
  4. All information and data about the entrant collected from using the gaming application or the lottery will be available only to the Promoter and not to Facebook.
  5. All requests and queries about terms of the lottery are to be sent to the Promoter and not to Facebook.