Conditions of participation

FOR RAFFLES OF THOMAS HENRY GMBH

The following terms and conditions (“Terms and Conditions of Participation”) apply to participation in raffles on Thomas Henry GmbH, Bessemerstr. 22, 12103 Berlin (following “THOMAS HENRY”), on the Facebook page at https://www.facebook.com/thomashenry (the “Facebook Page”), on Instagram at https://www.instagram.com/thomashenryofficial/ and on www.thomas-henry.de

1 Participation

1.1 Neither participation in the competition nor the chance to win is dependent on the purchase of goods or services or the subscription to a newsletter.

1.2 To participate in raffles, the requirements demanded in the associated posting/publication (e.g. commenting on or liking something specific) must be met. By fulfilling the requirements, the conditions of participation are accepted. The participant is responsible for the accuracy in particular of all his data provided on Facebook, Instagram or via email and to THOMAS HENRY.

1.3 Persons over 18 years of age who are resident in Germany are eligible to participate, unless the scope of validity is expressly defined otherwise in the sweepstakes posting. Participation in the competition is only possible in one’s own name. Employees of THOMAS HENRY, all persons involved in the development/implementation of the competition (e.g. agencies, consultants, suppliers), employees of the main prize partners and their respective family and household members are excluded from participation.

1.4 It is mandatory for participation that all personal details are true. Otherwise, exclusion may be effected in accordance with clause 1.5.

1.5 THOMAS HENRY is entitled to exclude participants from the competition who manipulate or attempt to manipulate the entry process, the prize draw, the website or the Facebook page, or who violate the conditions of entry or morality, or who otherwise attempt to influence the competition in an unfair or dishonest manner. Anyone who does not live in Germany or who provides false personal details will also be excluded.

1.6 Participation in the competition is free of charge.

1.7 All participants who have taken part in accordance with section 1.2 of these terms and conditions of participation in the posting or in the publication specified participation period, participate in the competition.

2 Execution of the raffle

2.1 Winners will be determined by lot from among all participants who have fulfilled the participation requirements. THOMAS HENRY is responsible for determining whether the participation requirements have been met. If one or more competition question(s) must be answered as part of the competition, only those participants who have answered this question correctly will take part in the draw.

2.2 The prizes announced in the Facebook or Instagram posting or the respective publication on the website will be raffled.

2.3 The descriptions and the images of the prizes within the scope of the prize draw are symbolic and not binding. The prize cannot be paid out in cash. The claim to the prize cannot be assigned to third parties.

2.4 Participants who have won (“Winner”) will be informed about their prize after the end of the competition via a comment under the competition post (see 1.2) in which their name was linked or via a private message (the “Prize Notification”). The entrant* is solely responsible for constantly checking the notifications on their Facebook or Instagram profile. THOMAS HENRY will ask the winner in the prize notification to confirm receipt of the prize notification by message and to provide THOMAS HENRY with any additional information required, such as the address to which the prize should be sent (the “Confirmation”). The Confirmation shall be sent directly to the Facebook Page, Instagram or to [email protected]. If THOMAS HENRY does not receive the Confirmation within forty (40) days after sending the Winning Notification, the Winner’s claim to the Winnings will be forfeited.

2.5 If a winner does not receive his/her prize despite proper transmission of the confirmation, he/she must notify THOMAS HENRY of this (at the above address or via [email protected] ) under the keyword “Competition” within 30 days of receipt of the prize notification. If such notification is not made in time, the claim to the prize will be forfeited.

3 User Content

3.1 Posts, files, hyperlinks and other content (“User Content”) that participants post on the Facebook page or Instagram as part of the competition must not violate applicable law; – not defame, disparage, threaten, harass, or stalk THOMAS HENRY or others, nor contain proprietary information (such as the names of third parties),- not infringe any third party intellectual property, such as copyrights, trademarks, name rights, or otherwise protected content or third party rights,- not be inappropriate or violate THOMAS HENRY’s brand philosophy; and- not violate Facebook’s or Instagram’s Statement of Rights and Responsibilities and other terms and conditions.

3.2 The User Content provided by participants will be made publicly available on the Facebook or Instagram page during the participation period. By making User Content available to THOMAS HENRY, the participant confirms that he/she has the necessary permission and the corresponding rights to the User Content. By providing the User Content, the Participant grants THOMAS HENRY a sub-licensable, irrevocable, non-exclusive right to use the User Content solely for the purpose of conducting the Contest, including to reproduce, distribute in unmodified or modified form, edit or transform it and make it publicly available. This includes in particular the right to make the User Content publicly accessible on the Facebook page or in the app and to edit it for this purpose.

3.3 By making the User Content available, the participant waives the right to assert any moral rights.

3.4 If THOMAS HENRY has reasonable grounds to suspect that a participant is not complying with the above provisions, THOMAS HENRY reserves the right to exclude this participant from the competition.

3.5 Each participant is obliged to indemnify THOMAS HENRY against all damages incurred by THOMAS HENRY as a result of the participant’s breach of these Terms and Conditions of Participation, in particular Sections 3.1 and/or 3.2.

4 Liability

4.1 THOMAS HENRY is only liable for damages caused intentionally or by gross negligence.

4.2 If the prize has a material defect or a defect of title, THOMAS HENRY shall only be obliged to compensate the winner for the resulting damage if THOMAS HENRY has fraudulently concealed this defect.

4.3 Furthermore, the Winner shall have no further rights in respect of material defects or defects of title in the prize or any claim for damages.

5 Early termination of the competition

5.1 THOMAS HENRY reserves the right to cancel or interrupt the competition at any time without prior notice. This applies 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, proper implementation of the competition cannot be guaranteed.

5.2 Any claims for performance and damages on the part of the participant in the event of premature termination of the competition pursuant to section 5.1 of these Terms and Conditions of Participation shall be excluded, subject to the provisions of section 4 of these Terms and Conditions of Participation above.

5.3 Changes to the competition or conditions
The organizer reserves the right to change the conditions of participation or to extend or limit the time frame or to vary the content of the prizes, provided that there are objective reasons for this and the change is reasonable. The organizer will announce any new conditions on its Facebook page (https://facebook.com/ThomasHenry/) as a note.

6 Data protection

6.1 The personal data of the participants will be processed for the implementation of the campaign and for the purpose of documenting the proper implementation. For this purpose, they will be passed on to service providers commissioned with the implementation; otherwise, apart from the organizer and the operator of the Thomas Henry Facebook page, no one else has access to this data. The legal basis for data processing is Article 6 (1) b) and f) DSGVO). The personal data will be stored for a maximum of 6 months after the above-mentioned closing date. The participant has the right to information, correction, deletion, restriction of processing, data portability and objection (Art. 15-21 DSGVO), if necessary to revoke consent (Art. 7 DSGVO) and to complain to a supervisory authority (Art. 77 DSGVO). The data protection officer of the organizer can be reached at: [email protected]. Further information on data protection is available at https://stage.thomas-henry.de.

You have the legal right to free information about the personal data we have stored about you, as well as the right to correct, block or delete this personal data. To assert your aforementioned rights, please contact: Thomas Henry GmbH, Bessemerstr. 22, 12103 Berlin or [email protected] .

6.2 In the event of a request for deletion before the end of the competition, this request for deletion is associated with the termination of participation in the competition if it prevents further participation. In this case, winning is no longer possible.

7 Consent to the publication of the photo and/or video

If User Content contains photos or videos that depict people, the following applies:

7.1 The participant agrees that THOMAS HENRY may publish photos and/or videos depicting the participant on the Facebook and Instagram page for the purpose of conducting the competition during the participation period until the User Content is taken offline.

7.2 If other persons are recognizable on a posted photo/video in addition to the participant, the participant is obligated to obtain consent from these persons for the publication described in the previous paragraph for the benefit of THOMAS HENRY.

7.3 The consent to the publication of the photo/video is given without separate remuneration and also includes the right to store and edit it, provided that the editing is not distorting.

7.4 The consent may be revoked for the future at any time in writing vis-à-vis THOMAS HENRY. However, consent is irrevocable in the case of images of multiple persons (e.g. group photos), unless a balancing of interests is clearly in favor of the participant. Consent is voluntary. In the event of refusal of consent or revocation, however, participation in the competition shall end.

8 Other Regulations

9.1 Should individual provisions of these Terms and Conditions of Participation be invalid, the validity of the remaining provisions shall remain unaffected.

9.2 German law shall apply. Legal recourse is excluded.

9.3 By participating, the participant agrees to these conditions of participation.

As of: August 2021