Terms and conditions
terms of participation for the essence raffle VIP tickets
the participation is free of charge and is not subject to a prior purchase of goods. participation is only possible via the website https://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 used the online form on the website to upload a birthday greeting. every participant is only permitted to enter the raffle once.
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 life 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. 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.
each participant may only participate in the raffle once by uploading a birthday greeting (picture or video format). 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.
one lucky winner will win a total of two vip tickets to the essence birthday party in berlin on the 15th of july 2017. this winner must name 1 (one) person who has reached the age of 18 as a potential accompanying person.
the prize includes the cost of the trip for the winner and one accompanying person, including the transfer from the winner’s and the accompanying person’s place of residence to berlin. furthermore, the prize includes one night in a hotel in berlin and the costs of the return journey from berlin to the winner’s and the accompanying person’s place of residence respectively. the choice of the means of transportation is at the sole discretion of cosnova.
the weekend with essence within the framework of the 15 year birthday celebration will be filmed and photographed occasionally in order to use the generated footage for publication on the essence website and essence social media channels (including, but not limited to, facebook, instagram, twitter, youtube, etc.).
by participating in the raffle, the winner agrees to the photo and film recordings and their use for the above mentioned purposes. the prerequisite for the participation of the co-winner (accompanying person) is that he or she also agrees to the photo and film recordings and their use to the extent specified.
the prize may not be paid out in cash or exchanged and cannot be transferred to another person.
notification of winning
a jury will select the winner on the 31st of may 2017. all of the decisions by the jury are final; cosnova will not enter into any correspondence about the jury’s decisions.
cosnova will notify the winner by sending an email to the e-mail address provided during registration within 7 working days after the end of the raffle. the participant explicitly agrees to the use of his or her data for this purpose.
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 and the jury will select a new winner from all other participants of the raffle.
liability disclaimer and data protection
cosnova reserves the right to suspend or terminate the availability of the raffle without prior notice and without specifications of reasons if the proper execution of the raffle can no longer be guaranteed due to legal or technical reasons (for example, as a result of delays or interruptions in the transmission, in the case of malfunctions of the technical equipment and of the service, inaccurate content, loss or deletion of data due to hackers or viruses).
the personal data of the participants will only be saved, processed and used for purposes of this raffle. irrespective of this, cosnova collects, processes and uses the personal data of the participant as a user of the website www.essence.eu. to this extent, the contractual terms agreed upon between the user and cosnova for this purpose apply, especially the general provisions and the data protection regulations of the website www.essence.eu.
cosnova is only liable for damages caused deliberately or as a result of gross negligence by cosnova, its employees or subcontractors. this does not apply to damages caused by injury to life, body and/or health.
responsibility for content, limitation of liability
by participating, the participant agrees to upload only such photos, videos and/or texts which do not infringe copyrights, the personal rights of third parties or trademark rights, or which would violate competitive law or any other applicable laws. the participant also agrees to respect the personal rights of persons who may accidentally and unintentionally appear on the uploaded pictures or videos (hereinafter referred to as “portrait rights”) and to not upload any pictures or videos of persons who have not given their express consent. the legal responsibility lies entirely with the participant.
the participant assures cosnova that the uploaded photo, video and/or text does not infringe any third party rights or any other applicable laws.
the participant indemnifies cosnova from any third party claims against cosnova, which may stem from a willful or grossly negligent infraction against the above sections under the point “responsibility for content, limitation of liability”. this includes explicitly and without limitation any claims stemming from the infringements of copyrights, trademark rights, competitive laws or violations of personal rights or portrait rights. the participant will reimburse cosnova for any legal costs resulting from an infringement or violation of these terms and conditions.
transfer of rights
by participating, the participant transfers the following rights to cosnova without any limitation to territory, time or content: usage of creations, photos, videos and/or texts for the purpose of the raffle and for publication on the websites of cosnova and other social media channels (including, but not limited to facebook, instagram and twitter) as well as print versions.
the judges’ decision is final, there is no legal recourse. if individual provisions of these terms of participation prove to be or become ineffective, the validity of the remaining provisions shall not be affected. the ineffective provision shall be replaced by the effective provision that comes closest to the intended purpose of the ineffective provision. the same applies in the case of a loophole. this raffle is governed solely by the law of the federal republic of germany.
please contact email@example.com should you have any questions, comments or complaints regarding the raffle.