Terms and Conditions of participation for the Instagram story competition in Lisbon (November, 2023)

1 scope of application

These conditions of participation apply to all competitions organized by LEON Mobility GmbH, Ludwig-Finck-Weg 25/2, 71229 Leonberg (hereinafter referred to as the “Organizer”). By participating, each participant accepts these terms and conditions. This competition is in no way associated with Instagram. It is in no way sponsored, supported, or organized by Instagram and does not give rise to any legal claims against Instagram. All information in this competition is provided solely by the Organizer. Legal recourse is excluded.

2 participation

2.1 Any natural person in their own name who is at least 18 years of age is eligible to enter. Participants who have already reached the age of sixteen but are not yet of legal age may only enter the competition with the consent of their legal guardian.
2.2 Minors under the age of 16 and persons incapable of contracting are excluded from participation.
2.3 The Organizer reserves the right to exclude from participation any person who breaches these Terms and Conditions or who obtains or intends to obtain an advantage over other participants by improperly influencing or manipulating the competition. In such cases, the Organizer may also subsequently exclude participants from the competition, withdraw prizes and reclaim them.
2.4 Participation is only possible within the time limit stated in the competition description. Each participant may only take part once in an identical competition.
2.5 Employees of the competition Organizer, as well as employees of the companies participating in this competition and their direct relatives, are excluded from participating in the competition.
2.6 Persons residing in the EU are eligible to participate.

3 conduct of the competition

3.1 To be eligible to participate in the competition, participants must comply with the steps and requirements described in the competition.
3.2 The participant must follow the Organizer’s instructions.
3.3 The competition will be held during the specified period. All participants in the prize draw who fulfil the requirements set out in sections 2 and 3 by the respective time of the draw will be considered. Immediately after the end of the participation period, the winner will be drawn at random from among the participants on or after November 16.
3.4 A change or cash payment of the prize is excluded. The prize is not transferable.

4 winning procedure

4.1 The winner will be notified by the Promoter electronically via Instagram Direct Message on or after November 16. Regarding the prize, each participant notified in this way is obliged to inform the Organizer within one day of the notification being sent whether they accept the prize. If the Organizer does not receive a message to this effect within this period, the option to accept the prize will lapse and the Organizer reserves the right to identify and notify another entrant accordingly.
4.2 If possible, the prize will be presented in person in Lisbon on the same day or sent by post.
4.3 If the contact details provided by the entrant are incorrect or invalid, the Promoter is not obliged to ascertain the correct details. Any disadvantages resulting from the provision of incorrect or invalid contact details shall be borne by the participant.

5 liability for defects

The Organizer shall only be liable for damages incurred by the winner due to material defects and/or defects of title in the event of malice, intent or gross negligence. Otherwise, liability for material defects and/or defects of title is excluded.

6 premature termination, adjustment, or modification of the competition

The Organizer is entitled to prematurely terminate, adapt or amend the competition at any time without prior notice and without stating reasons if the proper implementation of the competition cannot be guaranteed for technical or legal reasons without taking appropriate measures.

7 data protection

7.1 The Organizer uses the data of the participants received in the course of participation in the competition for the purpose of carrying out and processing the competition. You can object to the storage and use of your data for this purpose at any time by sending a message to the contact option described below.
7.2 The Organizer reserves the right to publish the name of the winner via Instagram story or on a competition page unless the winner has objected to this.
7.3 Upon textual request to the Organizer, the entrant will be informed of the personal data stored about him/her and will have the opportunity to correct this data.

8 intellectual property/ rights of use/ indemnity agreement

8.1 The participant assures that all images published by him/her do not infringe the rights of third parties and that the participant alone is entitled to dispose of the rights to the published images without restriction and free of the rights of third parties. Furthermore, the participant declares that he/she has not made or will not make any disposal of the rights contrary to these terms of use.
8.2 The Participant grants the Organizer a non-exclusive right of use, unlimited in time and place, in respect of all types of use for publication on both the Instagram page, the Facebook page and this website in respect of the published images. Furthermore, the Organizer is granted the right to grant simple sub-licenses. Furthermore, the Organizer is granted a right to edit the images submitted by the Participant, which entitles the Organizer to edit and/or rearrange the submission using analogue, digital or other editing options while respecting the copyright.
8.3 If the participant infringes the copyrights, industrial property rights, labelling rights or other property rights of a third party, the participant undertakes to indemnify the Organizer in full against all justified claims of the third party arising from the infringement. The participant shall also be obliged to bear the costs of the necessary legal defense, including all court costs and lawyers’ fees; this shall not apply if the participant is not responsible for the infringement.

9 applicable law

The law of the Federal Republic of Germany respectively of the European Union shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

10 severability

If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be illegal or invalid.