CONDITIONS OF PARTICIPATION
Official Rules, Terms and Conditions for the “#mySTABILOdesign” crowdsourcing competition on Instagram – Creation of two new designs for the STABILO point 88 Mini and STABILO Pen 68 Mini #mySTABILOdesign packs
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND DOES NOT INCREASE YOUR CHANCE OF WINNING. THIS COMPETITION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK OR INSTAGRAM.
1. GENERAL CONDITIONS.
By entering into the #mySTABILOdesign competition (“Competition”) outlined below, you agree to be bound by these Official Rules, Terms and Conditions (“Official Rules”) governing the Competition and confirm you satisfy all the requirements below. Therefore, please read these Official Rules carefully before proceeding. You are encouraged to print and keep a copy of these Official Rules for your records.
2. SPONSOR.
This Competition is run by:
STABILO International GmbH, Schwanweg 1, D-90562 Heroldsberg
A Schwan-STABILO Company.
Member of the ISZ (German Writing Instrument Manufacturers’ Association)
The Company is a limited partnership whose registered office is in Heroldsberg, Registration Court Fürth HR B 9784.
Managing Director: Sebastian Schwanhäußer
Telephone: (0911) 567-0
Fax: (0911) 567-4444
email: info@stabilo.com
VAT registration number: DE 236951119
(hereinafter referred to as “STABILO International GmbH” or “Sponsor”)
3. START, PROCEDURE AND DURATION.
The competition starts on February 11th, 2019 at 00.00 (midnight) CEST.
In Phase 1, that will take place until February 24th, 2019 at 24.00 CEST you can download a packaging template from our campaign landing page:
https://www.stabilo.com/gr/mystabilodesign
The Competition is a creative activity, where Participants are to design a packaging design within a STABILO design template. The provided packaging design template has to be designed by hand, using real pens and/or pencils and/or crayons and/or felt-tip pens. After you have finished your hand drawn packaging design you need to post it on Instagram with your public Instagram account, using the campaign hashtag #mySTABILOdesign. Please also link/tag @stabilo inside your post.
In Phase 2, that starts on February 25th, 2019 and takes place until March 3rd, 2019 our STABILO jury will select 12 winners (including 2 top winners). The STABILO jury is formed by members of STABILO Marketing team.
The announcement of the winners will take place on or about March 4tht, 2019. The winners will be contacted via his/her Instagram Account through a comment on his/her photo.
4. ELIGIBILITY.
The Competition is open only to natural persons who have reached the age of 18 as of the date of Entry. Persons under the age of 18 are not allowed to participate in the Competition.
The Competition is subject to all applicable laws and regulations and is void where prohibited or restricted by law. Employees of Sponsor or any of its affiliates, distributors or dealers, its promotion agencies, or members of their immediate families, or persons living in same household, are not eligible to enter or win.
5. ELIGIBLE PHOTOS OF YOUR DESIGN.
Take a picture of the full A4 format of your final packaging design template and post it on Instagram, using the campaign hashtag #mySTABILOdesign
Please keep your original design template until the design contest is complete!
By entering the Competition, you hereby warrant that you hold all rights in the submitted packaging design and the photo of the design provided by you. The Sponsor reserves the right to disqualify and remove any submitted photos from the Competition based on suspicion of copyright infringement or violation of the Official Rules and/or the Community Guidelines below.
6. COMMUNITY GUIDELINES.
All submitted photos must comply with the Community Guidelines of Instagram (which can be found through this URL: https://help.instagram.com/477434105621119/)
Besides complying with the Community Guidelines, submitted photos must not:
a) Contain any real photos of yourself, other persons or products inside the design template.
b) Contain material that violates or infringes others’ rights.
c) Contain trademarks or brand names of others besides those trademarks or brand names owned by the Sponsor.
d) Contain material that is indecent, hateful, defamatory, discriminatory or which in any way may infringe or violate others, including but not limited to nudity, offensive gestures, or mature content.
e) Contain material that is not suitable for the Competition.
7. ENTRY.
An Entry is submitted each time you upload a photo to your Instagram account with the hashtag #mySTABILOdesign and mention @stabilo via the Instagram Application during the term. The uploaded photo must comply with these Official Rules and the Community Guidelines above, as well as the official terms of use of Instagram (which can be found here: https://instagram.com/about/legal/terms/.
There is no limit to the number of Entries submitted. Entries are only accepted if they are submitted through the Instagram Application and they are hashtagged properly as described. Only Entries from Instagrammers with public/open accounts/profiles will be considered as valid Entries. Entries will not be returned or acknowledged. Sponsor reserves the right to verify the authenticity and accuracy of all information provided.
8. ELECTRONIC COMMUNICATIONS.
By submitting your Entry to the Competition as described above, you (i) consent to your personal data (email, name, address, country, telephone number, age, Instagram username) being stored on Sponsors servers, in the event of being elected a winner; (ii) consent, subject to Sponsor’s Privacy Policy and Rule 13 below, to the electronic communication and delivery via Communications on Instagram, e-mail and/or post of documents related to the Competition, (iii) agree by submitting your Entry to the Competition to these Official Rules. This consent is effective unless and until you withdraw it. You may withdraw your consent to electronic communication and delivery of documents or update your contact information at any time by contacting Sponsor at instagram@stabilo.com. We will send you a confirmation notice once we have processed your change request. Please note that through your consent withdrawal a further participation in the Competition may eventually not be possible.
9. WINNER SELECTION.
The Competition is a game of skill. The winners will be selected by a judging panel of Sponsor consisting of Sponsor’s employees. The judging panel will select the best packaging designs, based on creativity, style and general impression. There are two winner categories:
a) Top 2 winners
b) 10 further winners
One Participant can only win one prize. Sponsor will notify the winners from March 4th 2019 onwards via comments on the winner’s photos. The winners must reply to Sponsor by giving information on his or her real name, address, country so that Sponsor knows where to send the prize. Failure to respond to the prize notification by a winner within three (3) days of Sponsor notifying the winners in the post on Instagram will result in forfeiture of the applicable prize.
The selection of the winners shall be in the sole discretion of the judges who may decide by unanimous vote or majority vote. There is no appeal of the judges' decision. Any prize awarded may be forfeited if a prize winner fails to comply with these Official Rules. In the event of prize forfeiture by a prize winner, Sponsor may select an alternative prize winner. A PRIZE WINNER IS ONLY ENTITLED TO RECEIVE THE PRIZE ONCE HE OR SHE HAS SATISFIED ALL REQUIREMENTS IN THESE OFFICIAL RULES.
Sponsor reserves the right to select less winners than the above-mentioned amount or not to select any winners at all.
10. PRIZES.
The best two (2) packaging designs will each win one STABILO pen pack worth EUR 100 and one deuter backpack (free choice on https://www.deuter.com/DE/en/index.html)
max. worth of EUR 300.
Furthermore, it is intended that these two winner designs will be realized (published/printed) on a STABILO #mySTABILOdesign packaging of STABILO point 88 Mini and STABILO Pen 68 Mini. If wished by the winner, these designs may include their name (e.g. Instagram name or real name and/or signature). The winners have no right or claim to have their designs and/or names published whatsoever. The decision to use or publish the designs and/or names remains fully by STABILO International GmbH.
The ten (10) second place winners will win one STABILO pen pack worth EUR 50 each.
The prizes will generally be sent to each winner within about 30 days of each winner responding to the prize notification and supplying his/her details as set out in rule 9, as well as upon signing any additional documentation and/or agreements required so by Sponsor as set out in rule 11.
Prizes may not be substituted by the prize winner, and are not redeemable for cash and no case alternative is offered. All taxes, fees, duties, surcharges, if any, associated with the redemption of the prize are the responsibility of the prize winner. Sponsor reserves the right to substitute a prize of equal or greater value for any reason.
There are no additional prizes or fees and/or royalties of any kind awarded for participation in the Competition, being selected as a winner and/or for publishing the packaging designs.
11. INTELLECTUAL PROPERTY RIGHTS.
By entering this Competition each Entrant confirms that his/her Entry is their wholly-owned creation and, to the extent that such Entry makes use of any third-party materials, that these have been fully cleared unless they are no longer protected by copyright or other intellectual property rights. Participants will keep STABILO International GmbH harmless from any claims in relation to their Entry in the event that the Entry infringes personal or proprietary right of any other person.
By submitting an Entry, each Participant irrevocably agrees that in the event his/her design is selected as a winner, he/she assigns to Sponsor any and all intellectual property rights, including but not limited to any copyright, in the Entry. Sponsor may use or not use, for any purpose, on any media, in whole or in part, in its original or amended form any Entry submitted by the Participant. By submitting his or her Entry a Participant also waives his or her moral rights in the Entry including the right to be credited as the author and the right to object to derogatory treatment of the work. This waiver is only effective in jurisdictions where it is possible to waive such rights.
Sponsor may use, edit, publish, translate, modify, adapt, combine the design with other works, make available and distribute the Entry (packaging design) throughout the world in any media now known or hereafter invented. Each Participant elected as a winner undertakes to complete any necessary documentation to formalize this license if required so by the Sponsor. The top winners agree furthermore – if required so by the Sponsor - to sign an additional agreement with the Sponsor regarding details of the usage of the packaging design.
If you do not want to grant us these rights, please do not upload your design to your Instagram account with the hashtag #mySTABILOdesign or submit materials (designs) to us.
In order to insure optimal quality of the #mySTABILOdesign packaging, a top winner may be asked to draw the package design once again and/or deliver the original package design (please keep your original design template until the design contest is complete) by mail to STABILO International GmbH. Furthermore, a top winner may be asked to send his signature.
12. DISCLAIMERS.
Sponsor assumes no responsibility and is not liable for entries that are late, delayed, misdirected, illegible, or incomplete, and Sponsor assumes no responsibility and is not liable for system errors and failures, mechanical equipment malfunctions, viruses, hacker attacks, faulty transmissions, or other telecommunications malfunctions. Proof of transmissions does not constitute proof of Entry. By entering the Competition, each Participant agrees to be bound by these Official Rules and the decisions of the Sponsor regarding the Competition.
13. PRIVACY.
Sponsor respects your privacy. Personal data of Participants is gathered and processed in accordance with the applicable data protection laws, in particular GDPR, solely for purposes connected with the Competition. By submitting your Entry into the Competition, you agree to your data being processed by Sponsor for purposes connected with the Competition. In the event you become selected as a winner of the Competition, you herewith agree to be contacted by STABILO on Instagram, per mail and/or post in particular for purposes connected with sending the prize and to have your name, likeness and other personal data published in accordance with rule 15. Upon completion of the Competition, the Participants’ personal data will be deleted, unless any further storage is required by law.
For more information regarding privacy please read our Data Protection Policy: https://www.stabilo.com/gr/mystabilodesign/policy
14. RIGHT TO CANCEL, TERMINATE OR MODIFY.
If, for any reason, the Competition is not capable of running as planned, including because of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, corruption, hacker attacks, faulty transmissions, force majeure, or any other cause beyond the control of Sponsor which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Competition, without responsibility or liability for any loss or damage, whether direct or indirect, that may occur to the Participants or to third parties.. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
Sponsor reserves the right to change these Official Rules from time to time. Such changes will be available on: https://www.stabilo.com/gr/mystabilodesign/
15. PERMISSION TO USE NAME/LIKENESS.
By submitting an Entry, you herewith grant permission to Sponsor to use your Instagram name for purposes connected with the Competition and communication about the Competition. Should you be selected as a winner, you hereby agree to the usage of your name, Instagram name, signature, and likeness on the STABILO Website, within the STABILO Social Media Channels, in STABILO Catalogues, STABILO POS-materials, as well as in STABILO marketing and packaging materials.
16. RELEASE OF LIABILITY.
Each Participant, by entering the Competition, and the winners, by accepting any prize, release Instagram, Sponsor and Sponsor's affiliates, distributors and dealers, and their agencies, directors, officers, agents and employees from any and all liability, claims or actions of any kind whatsoever for any damage, loss or injury (excluding death or personal injury caused by negligence) resulting from or arising out of participation in the Competition, and, as to the winners, the acceptance, use, misuse, possession, loss or misdirection of the prizes.
17. CONDUCT.
By participating, you agree to comply with and be bound by these Official Rules. Failure to comply with these Official Rules may result in disqualification or ineligibility to receive a prize. You further agree to comply with and be bound by decisions of Sponsor, which shall be final in all respects. Sponsor reserves the right at its sole reasonable discretion to disqualify any individual it finds to be: (a)tampering or attempting to tamper with the operation of the Competition and/or the Competition Page; (b) violating these Official Rules; (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
18. DISCLAIMER.
As far as legally permissible, STABILO International excludes any liability for any loss and damages, including loss of income, profit and opportunity, whether direct or indirect, incurred or suffered by you in connection with the participation in the Competition.
19. GOVERNING LAW AND VENUE.
All legal relations arising from, or in conjunction with, these Official Rule and/or participation in the Competition are exclusively subject to the laws of the Federal Republic of Germany. Disputes will be subject to the exclusive jurisdiction of the courts of Nuremberg, Federal Republic of Germany.