International conditions of participation
in the photography competition “#WhereverYouAre” organised by tado° GmbH on Facebook, Twitter, Instagram, and https://www.tado.com
Tado GmbH is the sole organiser of this photography competition. The company office is located on Lindwurmstrasse 76, 80337 Munich, Germany, Telephone: +49 89 416156640, Email: firstname.lastname@example.org, hereinafter referred to as “tado°”. As far as participation in the photography competition goes, the conditions outlined below shall apply exclusively. Participants accept these conditions by participating in the competition. For more information on tado°, please refer to https://www.tado.com/gb/imprint
The photography competition is in no way, shape, or form connected with Facebook, Twitter, or Instagram, and we do not endorse, sponsor, or organise any of the aforementioned platforms. Questions, comments, or complaints regarding this photography competition are to be addressed exclusively to tado° (e.g. in the form of a message on Facebook, Twitter, or Instagram).
2. Eligible participants
Anyone above the age of 21 at the time of participating in the competition shall be eligible to participate in it. tado° GmbH employees, employees of related companies, and other persons involved in designing and organising this photography competition as well as members of their family shall be excluded from participation in the aforementioned competition. The definition of a participant in this photography competition is the said person who owns the Facebook, Twitter, or Instagram account used to participate in the competition.
3. Rules & participation
There shall be no obligations as a result of participating in this photography competition in terms of using certain services or in terms of agreeing to advertising activities. In order to participate in the photography contest, participants have to add the hashtag #WhereverYouAre with the addition @tado (Instagram: @tado_com) to their personal profile (Twitter and Instagram) or the tado° page (Facebook). When the image is uploaded by way of the aforementioned social media channels, the hashtag #WhereverYouAre with the addition of @tado (Instagram: @tado_com) must be added to the accompanying comment (Tweet, Facebook post on the tado° wall, comment, captions on Instagram). The image submitted must be in keeping with the “WhereverYouAre” theme.
In addition no products of tado° GmbH’s competitors must be pictured in the image. Upon making an image available within the framework of this photography competition, every participant confirms that he or she is the exclusive holder of the right to the images published or made available. Participants also agree to having their image(s) as well as their Facebook, Twitter, or Instagram profile names published on Twitter, Instagram, and Facebook. This is in addition to having said details published on www.tado.com (please refer to Article 6 of our terms and conditions). Every participant confirms that publishing his or her image(s) on Facebook, Twitter, Instagram, or www.tado.com does not constitute any violation whatsoever of third party rights. This shall extend in particular to copyrights or personal rights of individuals photographed. In addition participants confirm that they are authorised to take photographs of any and all objects, buildings, and persons in the photograph. This shall also extend to any and all personal rights and rights to names of any and all third parties pictured, mentioned, or represented in any other way, shape, or form in the photograph. Participants shall not be authorised to charge tado° with violation of third party rights or to charge tado° legal costs for any such proceedings as they may arise. If participants disregard the conditions of participation or if they were to act in a way that may be deemed in appropriate (please refer to Article 10 Code of Conduct), said individuals shall have no right to participate in the competition. Neither shall they have a right to having sent images published within the framework of the #WhereverYouAre competition. tado° reserves the right to not publish images on www.tado.com, not to display them, and to thereby exclude participants from the photography competition. In addition tado° reserves the right to adapt or amend the conditions of participation or to stop the photography competition due to unforeseeable circumstances without prior warning as and when this may become necessary. This shall apply in particular if and when the photography competition cannot be run as planned on technical and/or legal grounds. By participating in the competition participants agree with the rules of the photography competition. Participation is only possible in the way outlined in this document. Images submitted by post or by email shall not be considered. Participation in this photography competition is free of charge.
The photography competition — and in order to send in images — begins on 3 August 2016 and shall end on 29 September 2016 at 22:00 (10:00 pm) GMT.
tado° shall not be liable for the loss of or any potential damage to the images submitted.
Unless in event of intent and gross negligence, tado° shall not be liable for
- errors in the transmission of data,
- theft or destruction or unauthorised access to and changes made to the data of participants,
- technical issues of any kind,
- and damage to the computers or other devices of participants or those of any other persons that may be the result of having participated in the competition.
Participants shall give tado° the non-exclusive, unlimited, transferable right, irrespective of time and place, to edit the image submitted (especially electronic photo editing for online presentation) to copy, share on image carriers, and to use the image in any other media. The aforementioned transfer of rights of use shall be without remuneration.
Participants exclusively give tado° authorisation to publish the image of the photography competition on all of tado’s Facebook, Twitter, Instagram profiles, as well as on www.tado.com . This shall include first names and the first initial of the participants’ surname or the name of their Facebook account or their Twitter and Facebook profile. Said authorisation can be withdrawn in writing at any time e.g. by sending tado° a message via Facebook, Twitter, Instagram, or to the following email address: email@example.com. Participation in the photography competition shall not be influenced by withdrawing authorisation to publish a participant’s name.
The winner of the photography competition shall receive a trip to Antarctica on a (Polar) cruise ship including the fitting outward and return flight to Buenos Aires / Ushuaia. Winners having reached places two to five in the competition shall each receive a tado° Smart AC Control worth €179.00. Winners shall not be entitled to cash payments, exchanges, changes, or additions to the prize they have won. Auctioning off prizes is prohibited. Organisation of the trip to Antarctica is in direct coordination with the winner and the organiser or the competition tado° GmbH as well as the participating travel agency/tour operator. The journey must be embarked on between 1 November 2016 and 31 March 2017 or between 1 November 2017 and 31 March 2018. There shall be no right to a certain travel date within said period. In the event that the journey is not embarked on within the set period, the prize shall expire and the winner shall no longer be entitled to his or her prize. Upon receipt of the confirmation of travel, the terms and conditions of the tour operators or carrier shall apply for the winner. The winner himself or herself is to ensure that entry requirement for the region of the destination are met. The winner himself or herself is to make sure that he or she has had sufficient vaccinations for this trip and health insurance. Costs incurred during the trip (e.g. beverages, costs of telecommunication, personal expenses etc.) shall be borne by the winner. The value of the journey is as this would be at the most expensive time of travel and is subject to seasonal variations and currency fluctuations. Differences in the value shall not be compensated for.
8. Determining a winner
Winners are determined by a jury. Said jury shall choose the winning images from amongst all the images submitted. The same shall apply for the winners of the four other images to win prizes. The members of the jury shall be appointed by tado°. Winners shall be determined within a period of 21 days after the deadline for submissions.
9. Informing the winners
The winners of the competition shall be announced on tado°’s Facebook, Twitter, and Instagram profiles and on the social media platform through which the winning images have been submitted. From the moment of being informed of having won the competition, winners have 14 days to confirm their postal address with tado° for the purpose of being sent their prizes. In the event of failing to respond within the given deadline, the prize shall expire.
10. Code of conduct
tado shall have the right to exclude participants from the competition on the grounds of said participant(s) having manipulated the participation process or having attempted to do so and/or having violated the terms of participation. In particular tado° reserves the right to delete with immediate effect any and all content that may be in violation of legal regulation or regulations imposed by the authorities or content that may be deemed inappropriate (i.e. harmful to minors, pornographic, racist content, content that condones violence, seditious, obscene, defaming, offensive, or libellous photos and comments of any other kind) and to exclude participants from the competition.
11. Data protection
The personal data collected during the competition (surname, first name, email address, and any other freely available data) shall exclusively be used by tado°, and none of said data shall be passed on to a third party.
12. Final clauses
The law applicable shall be that of the Federal Republic of Germany under exclusion of the UN sales law. Should individual clauses of these conditions of participation be ineffective or should said clauses be in violation of statutory regulations, any remaining clauses outlined in this document shall remained unaffected of any such circumstances. The ineffective clause shall be replaced with a clause that comes closest in economic sense and purpose to that of the invalid clause in a way that is legally enforceable. The aforementioned clause shall apply in the event of loopholes.
13. Legal action
The judge’s decision is final.
tado° GmbH 2016