Conditions of Participation for Lufthansa Technik competitions on Instagram
Participation in the online competition and its implementation are based on the following terms and conditions:
Art. 1 Subject matter
(1) These Conditions of Participation and the privacy notice govern any participation by participants in competitions mounted by Lufthansa Technik as organizer (fan-page operator) as well as the capture and utilization of data collected from or provided by participants.
(2) The organizer of the competition pursuant to the terms set forth herein is:
Lufthansa Technik AG
Weg beim Jaeger 193
(3) By participating in the competition, participants accept these Conditions of Participation.
(4) Participation in the competition is free and voluntary.
Art. 2 Eligibility and exclusion from the competition
(1) Persons entitled to participate must be of legal age and have full contractual capacity. Lufthansa Technik reserves the right to ask participants about their age. Minors or persons with limited contractual capacity require the consent of their legal representatives, wherever their participation is not prohibited in principle. Employees of Lufthansa Technik are excluded from participating in the competition.
(2) Participants bear the sole responsibility for the correctness and completeness of any data provided.
(3) All persons involved in implementing the competition and their various relatives are excluded from participating.
(4) Participation by one and the same person via several Instagram accounts is excluded.
(5) Any participants making use of inadmissible aids or otherwise obtaining advantages by manipulation or other influence are likewise excluded from participating. In such cases, prizes may also be disallowed after the event, and their surrender demanded.
(6) Lufthansa Technik reserves the right to exclude from the competition, without stating reasons, any person who acts in breach of the Conditions of Participation.
(7) Lufthansa Technik reserves the right to disqualify contestants. Fraudulent activities will be monitored and will lead to exclusion.
Art. 3 Rights of use, exemption and responsibility
(1) Lufthansa Technik has no duty to check the content (eg photos) provided by participants in order to detect any potential breach of third-party rights. However, Lufthansa Technik is entitled to reject such content if, after an objective assessment, it is deemed to be against the law or public policy.
(2) By providing content, in particular photos, participants declare that such content is free from any third-party rights, ie that such content stems from the participants themselves or that they have obtained the consent of the authors and of any persons depicted on photos and videos.
(3) Participants exempt Lufthansa Technik from any third-party claims arising from content made available by them. They agree to support Lufthansa Technik in any reasonable form in averting such claims.
(4) Participants agree that their participation in the competition may be used, disseminated and otherwise made publicly accessible to third parties by Lufthansa Technik in online and offline media.
(5) Winners agree give their consent that their name may be published on Lufthansa Technik's fan page under www.instagram.com/lhtechnik. Winners can revoke their consent at any time by sending an e-mail to email@example.com.
Art. 4 Implementation provisions
(1) Winners are drawn by lot. Per participant, only one prize may be won in the competition.
(2) Winners are notified in near real-time via their Instagram account and asked to send their contact data to firstname.lastname@example.org within two weeks. Otherwise, the claim to the prize expires. In such a case, substitute winners may be drawn by lot. Any disadvantages resulting from the submission of wrong contact data are borne by participants.
(3) Failing other arrangements, material prizes are delivered directly by Lufthansa Technik or by a third party commissioned by Lufthansa Technik, employing forwarder, parcel service or post, to the address stated by the winner. Delivery is usually within two weeks after the winners have stated their address. This term is not binding, however, and may be extended at any time. Deliveries are free inside Germany. Any transport and delivery costs outside Germany, as well as customs duty, are borne by the winner.
(4) Outpayment of the prize in cash, or any exchange or transfer to another person is not possible.
(5) All decisions are final.
(6) Recourse to the courts is not permitted.
Art. 5 Guarantee exclusion and liability
(1) Lufthansa Technik points out that the competition may be discontinued or removed at any time owing to external circumstances and constraints, without statement of reasons and without this giving rise to any claims of participants against Lufthansa Technik. Included here are technical problems, changes to the rules or decisions taken by Instagram.
(2) Any liability of Lufthansa Technik for compensation is subject to the following disclaimers and liability restrictions, irrespective of other statutory preconditions for claims.
a) Lufthansa Technik assumes unlimited liability wherever the cause of the damage/loss is based on wilful action or gross negligence.
b) Lufthansa Technik also assumes liability for slightly negligent breach of essential duties or for breach of those duties in whose case compliance is essential for due and proper implementation of the competition in the first place, and where the contracting partners regularly rely on compliance. In such a case, however, Lufthansa Technik assumes liability only for the foreseeable damage/loss typical of the contract. Lufthansa Technik assumes no liability for slightly negligent breach of duties other than those named in the above sentences.
c) The above liability restrictions do not apply to injuries to life, limb and health, to any defect following the assumption of guarantees for a product's properties and to any maliciously concealed defects. This does not affect the application of Germany's Product Liability Act (ProdHaftGProdukthaftungsgesetz).
(3) To the extent that Lufthansa Technik's liability is excluded or restricted, this also applies to the personal liability of Lufthansa Technik's employees, representatives and vicarious agents (Erfüllungsgehilfe).
(1) Lufthansa Technik collects and uses participants' data only to the extent that this is permitted by law or that participants have given their consent. Lufthansa Technik uses the data submitted by participants in line with the EU General Data Protection Regulation (GDPR)Germany's Federal Data Protection Act (BDSG) and the country's German Telemedia Act (Telemediengesetz, TMG).
(2) Lufthansa Technik only collects participants' data in order to develop, implement and conduct the competition.
(3) Participants give their express consent to storage of their general information on Instagram and to storage of the data submitted by them for the duration of the competition and beyond by Lufthansa Technik or by a third party commissioned by Lufthansa Technik to handle the competition.
(4) By written or texted request, participants may demand that Lufthansa Technik state at any time which personal data is stored by Lufthansa Technik, may call for correction and/or deletion of data, and may revoke any data-use agreement.
(5) For any queries regarding data protection in connection with the participation in the competition the Lufthansa Group data protection officer is to be contacted:
Group Data Protection Officer for the Lufthansa Group
Dr. Barbara Kirchberg-Lennartz
Deutsche Lufthansa AG
Please address any request for information to:
Deutsche Lufthansa AG
or by e-mail to: email@example.com
If contact is made by e-mail, communication is unencrypted.
Art. 7 Remarks and Instagram terms and conditions
(2) Participants may not assert any claims against Instagram arising in connection with use of the competition or participation in the competition.
(3) Participants recognize that the competition is not sponsored, supported or organized by Instagram and/or is not in any connection with Instagram.
(4) Any information and data collected from participants in using the competition or provided by participants during the competition are made available only by participants and not by Instagram.
(5) Any queries and remarks concerning the competition must be addressed to Lufthansa Technik and not to Instagram.
Art. 8 Final provisions
(1) German law applies exclusively.
(2) The courts at Lufthansa Technik's registered office have jurisdiction if the contracting partner is a businessperson or merchant, a public-law legal entity or public-law special fund.
(3) Should any of these terms or conditions be or become ineffective this does not affect the validity of the remaining Conditions of Participation.
(4) Lufthansa Technik may amend the Conditions of Participation and implementation provisions without announcement and without stating reasons. Participants will be informed of any changes if made during an ongoing competition.
(5) Any supplements and side agreements regarding the conditions for the award of prizes must be in writing to be effective.