Terms and conditions for the “Messenger Service“ competition on Whatsapp, Facebook Messenger and Insta Direct (referred to hereafter simply as „Prize Draw“)
By entering the Prize Draw, you agree to be bound by these terms and conditions and data privacy. Promotional materials relating to the Prize Draw, including all information on how to enter the Prize Draw, also form part of these Terms and Conditions. In the event of any conflict between any terms referred to in such promotion materials and these Terms and Conditions, these Terms and Conditions take precedence.
The promoter of this Prize Draw is Liebherr-Werk Biberach GmbH, Memminger Strasse 120, 88400 Biberach an der Riss, Germany (hereafter „Liebherr“).
2. Prize Draw period
The Prize Draw commences on 07/04/2019 and all entries must be received by 23:59 CET time on the closing date of 14/04/2019.
Apart from costs for the internet provider is entry to the prize draw free and no purchase is necessary. Participants must be at least 18 years old. Employees of Liebherr or any of its subsidiary or affiliated companies and their immediate families and members of their households, and anyone otherwise connected with operation or fulfilment of the Prize Draw are not eligible to take part. Liebherr reserves the right to require participants to prove that they are eligible to enter the Prize Draw. If the winner is found to be ineligible, Liebherr reserves the right to award the prize to another participant and to require the return of any prize already awarded.
4. Conditions of use
The Prize Draw will be promoted on WhatsApp. Entries submitted by any other means will not be accepted: only those submitted via the official method of entry. Use of script, macro or any automated system to enter the Prize Draw is prohibited and entries made (or which appear to have been made) using any of such systems may be treated as void. Liebherr reserves the right to reject any illegible, incomplete or fraudulent entries and to remove and/or disqualify any entry which does not comply with the requirements of these Terms and Conditions. Participants may only win one prize per person, irrespective of the number of entries submitted.
There shall be three winners selected for the Prize Draw and the prize to be won is 1 Liebherr scale model of a 370 EC-B 12 Fibre Flat-Top crane, worth 186,- € each. A cash payment of the prize is not possible.
The winner will be notified no later than 18/04/2019 by Liebherr posting a reply to their comment on the WhatsApp chat. The Winner has 7 days after notification as above to respond to Liebherr as required in the notification of winning. The winner may be required to submit valid identification before receiving their prize. Within 7 days of the winner providing Liebherr with their details, the winner will be provided with a prize certificate outlining the terms of the prize and the redemption procedure to follow to receive the benefit of the prize. If any communications to the winner are returned as undeliverable or the winner refuses or is unable to provide the details required by Liebherr for receipt of their prize, Liebherr reserves the right to award the prize to another participant by conducting a further prize draw from all complete, eligible, properly submitted entries received for the Prize Draw. If the winner has not claimed their prize by the date specified in the notification of winning, Liebherr reserves the right to award the prize to another participant by conducting a further prize draw from all complete, eligible, properly submitted entries received for the Prize Draw.
The recourse of the courts is excluded.
5. Abnormal Termination
Liebherr reserves the right to modify, cancel, terminate or suspend the Prize Draw in whole or in part, at its sole discretion, if it believes the Prize Draw is not capable of being conducted as specified within these Terms and Conditions or in the event of a virus, a computer bug or unauthorized human intervention or any other cause that is beyond the reasonable control of Liebherr that could corrupt or affect the administration, security, impartiality or normal course of the Prize Draw.
Neither Liebherr nor any of its subsidiary or affiliated companies are responsible for any condition, circumstances, losses, failures or delays caused by events beyond its or their control such as (but not limited to) the acts or defaults of any supplier selected by Liebherr to provide the prize or otherwise that may cause the Prize Draw to be disrupted or corrupted, or that may lead to loss or damage of the prize in transit to the winner.
Save where it has been negligent, Liebherr will not be responsible for any damage, loss or injury resulting from participants' entry into the Prize Draw or their acceptance and/or use of the prize, or for technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit their ability to participate in the Prize Draw. Liebherr will not be responsible for any lost, damaged, defaced, incomplete, illegible or otherwise unreadable entries. Proof of posting is not proof of receipt by Liebherr of any entries. Nothing in these Terms and Conditions shall in any way limit Liebherr's liability for death or personal injury caused by its negligence or for any other matter where liability may not as a matter of law be limited.
Any participant who enters or attempts to enter the Prize Draw in a manner, which in Liebherr's reasonable determination is contrary to these Terms and Conditions or by its nature is unjust to other entrants (including without limitation tampering with the operation of the Prize Draw, cheating, hacking, deception or any other unfair playing practices such as intending to annoy, abuse, threaten or harass any other entrants or Liebherr and/or any of its agents or representatives) may be rejected from the Prize Draw at Liebherr's sole discretion. Furthermore, where such actions have significantly impaired the Prize Draw, Liebherr may, at its sole discretion, add further stages to the Prize Draw as it deems reasonably necessary in order to resolve any problems arising as a result of such actions.
7. Data privacy
With any visit of the Liebherr Mobile and Crawler Cranes Whatsapp channel, Data is collected by WhatsApp such as the time of visit, the websites that were visited, the period of time spent on the website, the regional locality and the website from which the visitor changed before accessing.
Information collected within the European Economic Area (“EEA”) may, for example, be transferred to countries outside of the EEA for the purposes as described in this policy.
Please note that technically all data is collected by WhatsApp itself and Liebherr has no access to the collected data from WhatsApp neither can Liebherr determine the use of the data. In this respect, Liebherr is not responsible for the further processing of these data. For more details on using the data collected by Whatsapp please contact Whatsapp itself. (https://www.whatsapp.com/legal)
Any personal information and contact details you supply will be used only for the purposes of administering the Prize Draw, including contacting winners. These personal information consists of Whatsapp profile used to enter the Prize Draw and your phone number in case of winning. If participants do not provide any of the mandatory information requested when entering and taking part in the Prize Draw, they may not take part in the Prize Draw.
Apart from the winner data all participants information will be deleted after the Prize Draw.
Your approval to the use of the data can be revoked at any time with effect to the future. In this case please send us an e-mail to firstname.lastname@example.org.
In this case, Liebherr will not use your data in the future. Whether and to what extent Whatsapp as the responsible operator of the platform will delete the data, lies beyond the knowledge of Liebherr and does not fall under the responsibility of Liebherr.
For further information contact:
Liebherr-IT Services GmbH
St. Vitus 1
88457 Kirchdorf an der Iller
8. Other matters
These Terms and Conditions are governed by German law. The courts of Germany shall have exclusive jurisdiction to hear any dispute or claim arising in association with the Prize Draw or these Terms and Conditions.