THE ORGANIZER OF THE SWEEPSTAKES IS MYCASHBACKS GMBH, STEFAN-HEYM-PLATZ 1, D-10367 BERLIN, GERMANY. (HEREINAFTER: ORGANIZER). PARTICIPATION IN THE SWEEPSTAKES AND THE CONDUCT THEREOF ARE GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS. ALL INFORMATION PROVIDED IN CONNECTION WITH THIS SWEEPSTAKES IS PROVIDED SOLELY BY THE PROMOTER.
§ 1 SWEEPSTAKE (1) The participation period of the sweepstakes (hereinafter referred to as the "Promotion Period") can be found directly in the sweepstakes. (2) Insofar as the sweepstake mechanism differs from the mechanisms described in § 4 (1) of these terms and conditions, this will be described, including the possibility of participation, directly in the participation window of the sweepstakes. (3) Participation in the competition is only possible via mycashbacks.com and takes place as described in the participation window of the competition: (a) directly on mycashbacks.com. The participant can take part in the competition by taking part in a survey created for the competition and leaving his mycashbacks customer number or customer e-mail address there. (4) The prizes of the sweepstakes are provided by the organizer, so that the organizer offers the prizes in its own name and is obligated to its own performance. The organizer is the offerer according to § 657 BGB (German Civil Code) and therefore solely responsible for all claims regarding the offered prizes.
§ 2 PARTICIPANTS (1) Unless otherwise stated, persons who have reached the age of 18 are eligible to participate in this competition. Minors under 18 years of age are excluded from participation. No prizes will be awarded to minors whose participation is expressly excluded. (2) Participation in the competition and the distribution of prizes are restricted to participants with a registration address in Germany. (3) Participation is reserved for participants who have a user account properly set up at www.mycashbacks.com (hereinafter referred to as "Mycashbacks account"). (4) The participant is solely responsible for the accuracy of the data provided for participation in the competition (including the relevant data in the participant's mycashbacks profile). All personal details must be true. Failure to do so may result in exclusion from the competition in accordance with § 3 (4). (5) Each participant may only take part in the competition once. Multiple entries are excluded. The organizer reserves the right to exclude participants from the competition in accordance with § 3 (2) in the event of multiple participation.
§ 3 EXCLUSION FROM THE WINNER GAME (1) Employees and relatives of the Organizer and affiliated companies pursuant to §§ 15 et seq. AktG as well as the participating providers and prize sponsors are excluded from participation. (2) In the event of a breach of these conditions of participation, the organizer reserves the right to exclude persons from the competition and not to pay out prizes or to subsequently refuse and reclaim prizes. (3) Persons who use unauthorized aids or otherwise obtain advantages through manipulation will also be excluded. In such cases, winnings may also be subsequently disallowed and reclaimed. (4) Anyone who provides false personal information or participates in the competition more than once shall also be excluded.
§ 4 IMPLEMENTATION AND PROCESSING OF THE COMPETITION (1) Every mycashbacks user registered during the campaign period takes part in the competition by entering their mycashbacks customer number or customer e-mail address in the survey. At the end of the campaign period, the winners will be selected from all participants. Participation options, participation rules, winner drawings, etc. that deviate from this competition mechanism will be explained to the participant directly in the participation mask for the competition. In such a case, these deviating regulations shall apply exclusively, unless otherwise described there. (2) Winners will be notified by the organizer by e-mail after the end of the competition. The prize will then be handed over in direct contact between the winner and the organizer in accordance with the following terms and conditions on prize notification and forfeiture of the prize in §§ 4 and 5. Each winner must respond to the organizer's e-mail within 4 working days of receipt of the prize notification. The reply must contain the correct and complete first and last name of the winner, the customer number of the Mycashbacks account, as well as his personal address. The prize will then be sent to the winner's personal address within fourteen (14) business days. If a winner does not respond within this period, the prizes will be forfeited. (3) The claim to the prize or prize replacement cannot be assigned. (4) Complaints relating to the conduct of the prize draw must be addressed to the organizer in writing within 14 days of the reason becoming known, stating the prize draw. Complaints made by telephone or late complaints will not be processed. Inquiries, complaints and claims relating to the prizes are to be made exclusively to the respective prize sponsors.
§ 5 FORFEITURE OF PRIZE Unless otherwise provided in these Terms and Conditions, the winner is required to respond within four (4) days after the notification is sent. Failure to do so will result in forfeiture of the prize. Unless otherwise provided for in these Terms and Conditions, a new winner will be determined in such cases. New winners are those participants who took part in the survey during the campaign period. The claim to the prize will also be forfeited if the prize cannot be sent within two (2) weeks after the first notification of the prize for reasons that lie in the person of the winner.
§ 6 PREMATURE TERMINATION OF THE SWEEPSTAKES The organizer reserves the right to cancel or terminate the competition at any time without prior notice and without giving reasons. The organizer will make use of this possibility in particular if for 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 competition cannot be guaranteed. If such termination is caused by the conduct of a participant, the organizer may demand compensation from this person for the damage incurred.
§ 8 CANCELLATION The participant is free at any time to effect the deletion of his/her registration data by means of a revocation at firstname.lastname@example.org and thus to withdraw from participation.
§ 9 LIABILITY (1) The organizer shall be released from all obligations upon fulfillment or delivery of the prize, unless an earlier point in time results from these regulations. (2) Claims for possible material defects and/or defects of title in the prizes donated by the organizer are to be asserted exclusively against the organizer. (3) The organizer shall only be liable for damages if the damage is due to intent or gross negligence. The organizer is liable for culpable injury to life, limb or health of a natural person even in the case of simple negligence. In addition, the organizer shall also be liable for the breach of a cardinal obligation due only to simple negligence. Cardinal obligations are those whose fulfillment makes the proper execution of the competition and the achievement of the purpose of the contract possible in the first place and on whose compliance a participant in the competition may regularly rely. The foregoing limitation of liability applies in particular to damages caused by errors, delays or interruptions in the transmission of data, in the event of malfunctions of technical equipment or service, incorrect content, loss or deletion of data, viruses or in any other way during the use of the application. Liability under the Product Liability Act remains unaffected.
§ 10 MISCELLANEOUS (1) Legal recourse is excluded. (2) The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). (3) Should any of these provisions be or become invalid, this shall not affect the validity of the remaining conditions of participation. (4) These Terms and Conditions of Participation may be amended by the Organizer at any time without separate notification.