Terms and conditions
terms of participation for the essence raffle “holiday raffle”
the raffle will take place on www.happybirthday.essence.eu.
the organizer of this raffle is the company cosnova gmbh, am limespark 2 in 65843 sulzbach/germany. (hereinafter referred to as “cosnova”).
the participation is free of charge and is not subject to a prior purchase of goods. participation is only possible via the website www.happybirthday.essence.eu.
any persons with full legal capacity who are over the age of 18 are eligible to participate in the raffle (hereinafter referred to as “participant”), as long as they have correctly completed the online form.
underage participants (under 18 years of age) are eligible to participate in the raffle with the prior approval of their legal guardians. underage participants under the age of 14 are not allowed to participate in raffle.
in the case of underage participants, cosnova assumes that their legal guardians have explicitly agreed to their participation. if the participant should win, cosnova reserves the right to request evidence that the participant had permission to enter the raffle.
employees of cosnova and its subsidiaries as well as all other persons involved in developing and implementing the raffle are excluded from participation. their families (1st and 2nd degree relatives) including registered domestic partners are also excluded from participation.
cosnova is entitled to exclude any individual person from participation if there are reasonable grounds such as, for example, a violation of the terms of participation, in particular multiple entries, manipulation, etc. and reserves the right to take legal action. if the conditions for exclusion are met, prizes can be subsequently revoked or reclaimed. the participant cannot derive any claims against cosnova in the case of such exclusion.
participation in the raffle via automated competition entry services is not permitted.
the decision of the jury is final.
participation in the raffle begins on the 15th of february 2017 at 10:00 cet and ends on the 31st of december 2017 at 23:59 cet.
each participant may only participate once per raffle month (dates can be found below under “prize”) by answering the corresponding prize question.
the electronically recorded receipt of the birthday greeting in the underlying database of the application is decisive for the punctual participation in the raffle. cosnova is not liable for the late receipt or non-receipt of the birthday greeting and in particular cannot be held responsible for technical faults such as failure of the telephone network, the network, the electronics or the computer.
the raffles for the following prizes will take place on:
- 15th of february 2017 (10:00 am cet ) to 28th of february 2017 (23:59 cet): 1 essence product set
- 01st of march 2017 (00:00 cet) to 31st of march 2017 (23:59 cet): 1 essence product set
- 01st of april 2017 (0:00 cet) to 30th of april 2017 (23:59 cet): 1 essence product set
- 01st of may 2017 (0:00 cet) to 31st of may 2017 (23:59 cet): 1 essence product set
- 01st of june 2017 (0:00 cet) to 30th of june 2017 (23:59 cet): 1 essence product set
- 01st of july 2017 (0:00 cet) to 31st of july 2017 (23:59 cet): 1 essence product set
- 01st of august 2017 (0:00 cet) to 31st of august 2017 (23:59 cet): 1 essence product set
- 01st of september 2017 (0:00 cet) to 30th .september 2017 (23:59 cet): 1 essence product set
- 01st of october 2017 (0:00 cet) to 31st october 2017 (23:59 cet): 1 essence product set
- 01st november 2017 (0:00 cet) to 30th of november 2017 (23:59 cet): 1 essence product set
- 01st december 2017 (0:00 cet) to 31st of december 2017 (23:59 cet): 1 essence product set
the prize may not be paid out in cash or exchanged and cannot be transferred to another person.
notification of winning
the winners will be chosen at random from all of the participants who uploaded a birthday greeting on hapybirthday.essence.eu.
cosnova will notify the winners by sending an email to the address provided during registration within 7 working days after the end of the respective raffle month. the prizes will be sent by post.
if the winner does not respond by sending an e-mail to firstname.lastname@example.org within 48 hours following the notification of winning, the winner forfeits the right to claim the prize. in this case, the jury will select a new winner for the prize from all other participants of the raffle.
cosnova reserves the right, especially for technical reasons, to temporarily limit or suspend the availability of the raffle. this shall not result in any claims against cosnova.
to the maximum extent permitted by law, any compensation liability of cosnova and its management bodies, employees, vicarious agents and subcontractors resulting from or related to the raffle, irrespective of the legal grounds, is limited to cases of intent or gross negligence.
cosnova irrefutably presumes that the participant is the exclusive copyright holder of all content uploaded for the raffle in accordance with german copyright law § 7 urhg and that said content is free of any other third party rights. cosnova is not obliged to examine the photos made available by the participant for possible violations of third parties’ rights; cosnova explicitly prohibits the use and upload of content that violates any legal provisions in civil or criminal law in accordance with the bgb, stgb or any other relevant protective regulations and laws and/or that is harmful to minors, pornographic, racist, glorifies violence or is insulting, discriminatory or violates the accepted principles of morality. cosnova is entitled to reject such content.
if the participant violates the aforementioned provision by uploading content for which she does not own the exclusive copyrights and cosnova suffers a legal disadvantage as a result of this (e.g., demands for retrospective payment of licensing/royalty fees or damage reimbursements, etc.), cosnova specifically excludes any liability towards the actual copyright holders and reserves the right to take legal action against the participant. the participant thereby indemnifies cosnova against any and all third party claims that may arise as a result of the content made available by the participant.
should the participant discover at a later point that she has uploaded content of which she is not the sole copyright holder, she is obliged to immediately inform cosnova about the matter.
by accepting these terms of participation, the participant recognizes the exclusive, unenforceable and incontestable decision-making authority of cosnova about the suitability of publication of the content and the publication itself, and also grants cosnova the permission to remove already published content from the website happybirthday.essence.eu at any time without stating a reason.
in the event that cosnova considers the content suitable for publication, the participant agrees that cosnova may use, distribute or otherwise make her submitted photo available to third parties. for these purposes, cosnova is also allowed to retouch the photo and, if necessary, grant third party usage rights. the granting of these rights is exclusive, free of charge, and without a limitation of time, place or contents; further remuneration claims are excluded.
the winners and accompanying persons further agree to their names being published on the website as well as on all essence social media channels.