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Conditions of participation | GewinnArena.de

Conditions of participation – GewinnArena.de

The Special Conditions of Participation for the House Raffle and the Special Conditions of Participation for the GewinnArena Raffle Booklet can be found at the bottom of this page.

General Conditions of Participation for TV Sweepstakes and Sweepstakes on the "Gewinnarena" Platform

1 scope of application and organizer

1.1 Participation in television sweepstakes and contests on the "Gewinnarena" platform (hereinafter referred to as "sweepstakes") as well as their implementation shall be governed by the following general conditions of participation. Special conditions of participation may also apply to certain sweepstakes, which will be referred to separately in the respective sweepstakes.

1.2 The sweepstakes are conducted by Seven.One Entertainment Group GmbH ("SOEG") on the TV stations for which it is responsible, on GewinnArena.de and/or other media offerings. Unless expressly stated otherwise in the respective sweepstakes, the organizer is in each case the company responsible for the TV station or media offering. The sweepstakes are carried out in cooperation with various partners and/or other broadcasters who provide the prizes for the sweepstakes (hereinafter "prize sponsor").

1.3 SOEG is also responsible for the conceptual development and technical execution of the sweepstakes, unless another service provider has been commissioned to do so. SOEG represents the prize sponsors during the execution of the sweepstakes and promises the prizes donated by them solely in their name. The prize sponsor is the sole promoter in the sense of § 657 BGB (German Civil Code). SOEG is not obligated to provide any service of its own, unless it is itself the sponsor of the prize in the specific case.

2 Participation

2.1 Unless otherwise expressly stated, persons who have reached the age of 18 are eligible to participate in sweepstakes. No prizes will be distributed to persons who have not reached the applicable minimum age.

2.2 Depending on the sweepstakes, participation can alternatively be made by phone call, by SMS, online at www.Gewinnarena.de. SOEG decides in its sole discretion which of the listed ways of participation are offered for which sweepstakes and indicates this accordingly for each sweepstakes. If additional, not listed ways of participation are offered within the scope of a sweepstake, the organizer will indicate this separately. Participation is only possible from the Federal Republic of Germany. Exceptions will be indicated by the organizer. Participation by call or SMS from abroad is also not possible by prefixing a service number with the German country code. In the case of participation by call, the call will be charged as soon as the connection has been successfully established. By SMS, the participant (hereinafter referred to as "Participant") takes part if he/she sends an SMS with his/her reply to the specified abbreviated dialing number, the SMS can be charged and is received as intended. As a rule, SMS participants will receive a free info SMS in return for each SMS sent. The organizers reserve the right, at their sole discretion, to provide participants with further information (e.g. on the current course of the game or partner offers) via SMS as part of a competition. However, SOEG or its technical service providers are not obliged to provide such information. There is also no guarantee that the information can be received by the participants. In the case of paid participation via www.Gewinnarena.de by way of individual participation or subscription, participation shall only take place after registration and successful completion of the payment process. Further information on this can be found at www.Gewinnarena.de.

2.3 The participant is responsible for the accuracy of the data provided (in particular first name, last name, telephone number and postal/email address).

2.4 The personal details must correspond to the truth. Failure to do so will result in exclusion from the prize draw in accordance with Section 6.

2.5 Each call from the German fixed network and each SMS costs a maximum of EUR 0.50. Calls from other networks, in particular mobile networks, may have different prices, which can be obtained from the respective network operator. The costs of participation via www.Gewinnarena.de can be viewed on the website. By participating by telephone or SMS, the participant enters into a contractual relationship with the organizer with regard to the sweepstakes. With regard to the telecommunication service required for participation (call or SMS), the participant enters into a contractual relationship with his/her telecommunication provider (fixed-line or mobile provider).

2.6 There is a specific participation period for each competition. Depending on the game mode, this period ends at a predetermined time or depends on the specific course of the game. SOEG informs about the participation period at the respective sweepstake. Once the entry period has ended, entries received after this time can no longer be taken into account in the competition. Depending on the method of participation, costs may still be incurred by the participant. There is no entitlement to reimbursement of costs.

3 determination of winners and equal opportunities

All participants have the same chance throughout the entire duration of the competition as well as the basic possibility of being selected. Appropriate technical mechanisms are used to handle the incoming entries, e.g. a pre-count factor adjusted to the expectations regarding the volume of participants. The precount factor is applied to all participations on all participation paths. All callers selected by this technical random mechanism can leave their answer on the automatic answering machine, giving their telephone number, name and address. Participants taking part in the other participation channels will be informed, within the limits of technical possibilities, whether they have been selected by the technical random mechanism. The selection of the winner is subject to the random principle. In determining the winner, only those calls can be considered in which all information is complete and clearly understood. If several participants have found the correctsolution in a competition, the winner will be decided by lot. The winner will be informed in writing and/or by telephone.

We expressly point out that no further confirmation of the winner is required by calling back a premium services (0900)-, bulk services (0137)-, shared cost services (0180)- or similar value-added number. Such calls do not originate from the organizer. We therefore strongly recommend that you ignore these prompts as, to our knowledge, they are fraudulent.

4 Game modes

4.1 Sweepstakes

The aim of the competition is to correctly answer a question, to submit a password or to successfully complete the task described in detail in one of the offered ways of participation. The winner will be determined by lot from all entries in which the correct solution was submitted within the time limit or the task was solved correctly.

4.1.1 Performance game mode

In the performance game mode, the objective is to hit the communicated winning line(s) on one of the offered participation paths (e.g. "Hit line 7 for your chance to win."). The participant who hits the communicated winning line will be entered into the Sweepstakes. The winner will be selected by lot from all entries with correct solution.

4.1.2 Line game mode with variant

In this variation of the line game mode, the goal is to hit a named term on one of the offered participation paths. This can be e.g. a place or an object ("Find the wooden spoon for your chance to win."). The participant who hits the named term will be entered into the prize draw. The winner will be determined by lot from all entries with the correct solution.

4.2 Instant win mode

4.2.1 Instant win mode by telephone and/or SMS

In the participation periods of an instant win sweepstake by telephone and/or SMS, so-called win time windows of different durations shall be distributed by a technical random mechanism. The prize time slots contain different amounts of prizes, which in total correspond to the prize amounts offered for the participation period. Participants who hit one of the active time windows have won one of the prizes offered. This applies until all prizes deposited in the time window have been played out. If a participant has hit the winning time slot and there is a prize there that has not yet been played, he/she will be informed immediately depending on the entry method used by the winner. If all prize time windows in the participation period have expired, the prize game is terminated. SOEG will inform about the time of termination accordingly. Participation after the end of the competition is no longer possible. Entries received after this time cannot be considered for the competition.

4.2.2 Instant win mode on GewinnArena.de

In the case of competitions with instant win mode on GewinnArena.de, the participant will be informed immediately after online participation in the competition whether the winning event has occurred or not. The winner selection depends on the respective game mode. Thus, the selection may be subject to a random mechanism or, for example, upon entry of a correct solution. The winner is informed about his prize directly on GewinnArena.de. Alternatively or additionally, information about the prize may be provided via other/additional communication channels (e.g. by e-mail or by display in the user's account on GewinnArena.de).

4.3 Code raffles

The code sweepstakes is a game mode in which participants must guess a winning code defined before the start of the sweepstakes in order to win a prize offered or to enter the pool of participants for the drawing of the prize offered. After entering or submitting their code, participants generally receive immediate feedback as to whether their code is correct or incorrect. Depending on the design of the competition, the participant also receives feedback each time he/she enters the competition, with information on which components of his/her submitted code are correct or incorrect. Depending on the variant of the game, the winner will be determined immediately upon entering the correct code, or at the end of the participation period, the winner or winners will be determined from among all participants who have entered the correct code.

4.4 Guessing game

In the guessing game, a guessing question must be answered correctly and the answer must be submitted via one of the participation channels offered. As a rule, the participant will receive immediate feedback after entering or submitting his/her guess as to whether it is too high, too low or correct. The winner will be determined by lot from all valid entries with the correct answer.

4.5 Reverse or forward auction

The subject of reverse or forward auctions is the submission of the lowest or highest number submitted once during the participation period, up to an upper or lower limit also specified. If at the end of the participation period there is no highest or lowest number submitted only once, the winner will be determined by lot among the participants with the numbers submitted with the lowest frequency.

4.6 Voting

When voting, the participant has the opportunity to take part in a vote via the communicated participation channels. Votings can be created with or without a contest. If a voting is created with a lottery, the participation takes place as described under (4.1).

5 Communication of additional offers

SOEG reserves the right, at its sole discretion, to inform participants in selected sweepstakes about additional offers from advertising partners via the selected entry method in addition to the game participation and to obtain the consent of the participants to pass on their telephone number or other personal data (e.g. name, e-mail address) to the advertising partner(s). These may be promotional offers that include a contact telephone number or a web link to an advertising partner. In addition, it may be exclusive partner offers for sweepstakes participants, which are thus only available from the advertising partners. These can be discounted product offers or offers linked to completion premiums for the participant. SOEG will only pass on the telephone number or other data of the participant to the advertising partner for contact purposes if the participant consents to receiving the offer by pressing the "1" key or by sending a password by SMS or by activating a marked field on www.GewinnArena.de (Opt In). Alternatively, in the case of participation by telephone, the participant will be connected directly by telephone with the advertising partner after giving the corresponding consent. The offers are non-binding. Participants can reject them by hanging up after participating in the game or by not answering the corresponding SMS. An opt-in granted can be revoked at any time by e-mail to the address info@GewinnArena.de. There is no entitlement to the submission of an additional offer for participants in the competition. A list of possible current offers can be found at www.Gewinarena.de or in Teletext on page 460, or for the ProSieben and ProSieben MAXX stations on page 760.

6 Exclusion from the sweepstakes

6.1 All employees of ProSiebenSat.1 Group, the respective production companies responsible for the production of the broadcast, the participating providers and other participating companies involved in the implementation of the sweepstakes, as well as their respective relatives and household members are excluded from participation. Participation via sweepstake agencies is not possible.

6.2 SOEG reserves the right to exclude persons from the competition in the event of a breach of these conditions of participation; also excluded are persons who use unauthorized aids, otherwise obtain advantages through manipulation or who provide false information about themselves.

6.3 In the aforementioned cases, prizes may also be subsequently withdrawn and reclaimed.

7 Execution and settlement

7.1 If several participants have found the correct solution in a competition, the decision shall be made by drawing lots. Only one prize is possible per participant in a competition, unless multiple prizes are expressly permitted.

7.2 The solution to the competition will be published on the website http://www.Gewinnspielloesungen.ProSiebenSat1.com/atx/ and in the teletext on page 465 or ProSieben and ProSieben MAXX 765 for a period of at least 3 days.

7.3 The item presented as a prize in the competition is not necessarily identical to the item won. Rather, there may be deviations with regard to model, color or the like. The prize sponsor may select an item of average type and quality equivalent to the item presented as a prize.

7.4 Non-cash prizes (with the exception of motor vehicles) will be delivered directly by the prize sponsor or by a third party commissioned by the prize sponsor by forwarding agent, parcel service or post to the address provided by the winner. Alternatively, non-cash prizes can also be redeemed via an online portal by entering a prize code transmitted to the winner by the organizer. As a rule, the delivery will take place within 9 weeks from the date of sending or telephone notification of the prize. However, this period is not binding and can be extended by the respective prize sponsor at any time. Delivery is free of charge within the Federal Republic of Germany. Any additional transport costs and customs duties shall be borne by the winner. The place of performance remains the registered office of the prize sponsor, despite the assumption of the shipping costs. In the event that delivery is made by a forwarding agent, the forwarding agent will contact the winner to arrange a delivery date. Delivery will generally be made Monday through Friday between 8:00 am and 6:00 pm. The winner must provide an alternative address in his/her immediate vicinity in addition to his/her address. The winner agrees that in his absence the prize will be delivered to this alternative address. If the shipping company does not find a person willing to receive the prize either at the winner's address or at the alternative address, a message will be left. The winner shall bear the costs of a new delivery himself/herself.

7.5 Motor vehicle prizes will not be delivered. The winner must collect or transfer the motor vehicle in consultation with the respective prize sponsor at his own expense and risk. The motor vehicle prize will be forfeited without entitlement to a replacement prize if the winner does not collect the motor vehicle within the period agreed with the prize sponsor, but no later than 3 months after sending or telephone notification of the prize. The handover of motor vehicle prizes will take place in the Federal Republic of Germany, unless otherwise stated. Subsequent costs for insurance, fuel, repairs, etc. shall be borne exclusively by the winner. This also applies to motorcycles and comparable prizes.

7.6 As a rule, cash prizes will be transferred to the winner's bank account within a period of 9 weeks after the notification of the prize has been sent or communicated by telephone. For this purpose, the winner shall - upon request - provide his/her bank details.

7.7 In the case of travel prizes, processing shall take place exclusively in direct contact between the winner and the respective prize sponsor or a tour operator commissioned by the latter. If a travel date is not already specified in the competition itself, the prize sponsor or tour operator alone is entitled to determine the travel date. There is no entitlement to a specific travel date. If the trip is not carried out on the date or during the period specified by the prize sponsor or tour operator, there is no longer any entitlement to the prize. The value of the trip stated in the prize draw refers to the most expensivetravel time and is therefore subject to seasonal variations and currency fluctuations, depending on the time of provision and execution of the trip. Compensation for this difference in value is excluded. Travel to and from the starting point of the trip (airport, train station, etc.) is the responsibility of the winner, unless otherwise stated in the competition or expressly agreed. The same applies to all costs incurred during the trip (minibar, telephone, etc.).

7.8 Winnings will not be paid out in cash under any circumstances. This also applies if the prize is no longer available in the version presented (change of model, seasonal goods, etc.). The winner will then receive a replacement of equal value or a voucher from the prize sponsor to the value of the original prize. The voucher must be redeemed all at once. Vouchers will also not be paid out in cash.

7.9 The claim to the prize or any replacement cannot be assigned.

8 Winning notification

8.1 The winner will be notified by the organizer or the prize sponsor in writing or by telephone after the end of the competition. The right to win arises exclusively upon receipt of the prize notification. The winner may also be published on the websites of SOEG, in the teletext offer of SOEG and/or the website of the prize sponsor with his/her first name, the first letter of the last name as well as the place of residence. The public announcement of the winner is made without guarantee. The participant is responsible for the correctness of the postal address/telephone number provided.

8.2 Unless otherwise stipulated in these Terms and Conditions of Participation, the winner shall be obliged to contact us within four (4) weeks of sending the written notification of the prize or receiving the notification of the prize by telephone in order to provide the data required for each prize, e.g. address and/or bank details, for the purpose of processing the prize. Otherwise, the claim to the prize shall be forfeited. Unless otherwise stipulated in these Terms and Conditions of Participation, no new winner will be determined in such cases. The claim to the prize is also forfeited if the prize cannot be sent after three delivery attempts for reasons related to the winner.

8.3 Insofar as an "on-air" sweepstakes (sweepstakes requiring live broadcast involvement of the qualified participant) is involved, SOEG will attempt to reach the qualified participant by telephone immediately after the drawing. In such cases, the Qualified Participant must be reachable at the telephone number provided by the Qualified Participant for the duration of the broadcast. If the qualified participant cannot be reached after at least 10 dial tones, if the answering machine or mailbox switches on or if his/her telephone line is busy, the original qualified participant will not be entitled to a prize. In this case, a new qualified subscriber may be drawn. This is mandatory in order not to jeopardize the broadcasting process, in which the winners are needed for the recording.

8.4 For "on-air" sweepstakes, motor vehicle prizes and travel prizes, the deviating expiration periods and specifications stated in these general terms and conditions of participation shall apply in all cases.

9 Warranty and Liability

9.1 SOEG is released from all obligations upon fulfillment or delivery of the prize, unless an earlier point in time results from these regulations.

9.2 Claims for possible material defects and/or defects of title of the prizes donated by the prize sponsors are to be asserted exclusively against them.

9.3 SOEG is not liable for the insolvency of a prize sponsor and the resulting consequences for the implementation of the competition.

9.4 The organizer is only liable for damages if the damage is due to intent or gross negligence. SOEG is liable for culpable injury to life, limb or health of a natural person even in case of only simple negligence. Furthermore, SOEG is also liable for the only simple negligent violation of a cardinal obligation. Cardinal obligations are those whose fulfillment makes the proper execution of the sweepstakes and the achievement of the purpose of the contract possible in the first place and on whose compliance a sweepstakes participant 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 the technical equipment or the 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.

9.5 In case of travel winnings SOEG is furthermore not liable for the consequences of a justified change of the travel offer or the justified cancellation of the travel by the tour operator. The possibility of payment of the travel value is excluded.

10 Premature termination of the competition

SOEG reserves the right to cancel or terminate the competition at any time without prior notice and without giving reasons. SOEG 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 a termination is caused by the behavior of a participant, SOEG can demand compensation from this person for the damage incurred.

11 Data protection

11.1 When participating in a sweepstake, the transmission of the participant's personal data requested depending on the way of participation is required; in case of winning, further personal data (name, address and/or bank details) of the winner will be collected (hereinafter jointly referred to as "participant data").

11.2 SOEG collects, processes, uses and stores the Participant Data for the purpose of carrying out and processing the prize game. In the event of a win, Participant Data may be transmitted to the respective prize sponsor or to the agency supporting the prize sponsor. Without the express consent of the participant, the participant data will not be used for further purposes by the organizer or third parties.

11.3 All participant data shall be processed and used in accordance with the statutory provisions.

11.4 The participant data will only be stored for as long as is necessary for the implementation and processing of the competition. If they are no longer required, they will be deleted. For participation in sweepstakes via www.Gewinnarena.de, different data protection regulations regarding storage and deletion periods may apply. Further information can be found in the data protection regulations at www.gewinnarena.de/info/datenschutz.

12 Revocation

The participant is free at any time to effect the deletion of his/her registration data by revocation at info@GewinnArena.de and thus to withdraw from participation. The reimbursement of costs to participants who withdraw from participation is excluded.

13 Miscellaneous

13.1 Legal recourse is excluded.

13.2 The law of the Federal Republic of Germany shall apply exclusively.

13.3 Should any of these conditions be or become invalid, the validity of the remaining conditions of participation and implementation shall remain unaffected.

13.4 The conditions of participation and implementation may be changed by the organizer at any time without prior notice and without giving reasons. Supplements and ancillary agreements regarding the terms and conditions for prize processing must be made in writing to be effective.