1. WHO WE ARE AND WHAT WE DO
(1) VIPrize GmbH (hereinafter referred to as „VIPrize“ or "we"), Triftstraße 6, 80538 Munich, operates the website www.viprize.org and organizes the online charity prize drawings and online charity auctions offered on this website.
(2) In the framework of its technical and operational possibilities, VIPrize enables participants to enter prize drawings and auctions. VIPrize renders all services in connection with the prize drawings and auctions strictly on the basis of these General Terms and Conditions (hereinafter also referred to as "GTC").
(3) VIPrize objects to the validity of any terms and conditions of the participants. Any general terms and conditions of the participants shall only become a part of the Contract, if VIPrize explicitly agrees in writing.
(4) Further rules of drawing, rules of use, prerequisites for entry and communication rules (jointly referred to as the „Rules“ in these GTC) are published on the websites of the respective prize drawings or auctions. Upon its participation the participant acknowledges these Rules as binding.
(5) In case of discrepancies between these GTC and the Rules, the GTC shall prevail to the Rules, unless it is expressly provided for a priority of the Rules over the GTC.
(6) VIPrize has recourse to services of independent third parties for the prize drawings, auctions and other services (referred to as „Third Party Service“ in these GTC), for instance social networks or payment service providers. Services rendered by third parties are not deemed Third Party Services if these third parties are acting on instructions or under the direction of VIPrize. Third Party Services are not services rendered by VIPrize. VIPrize or the third party shall identify this in a suitable manner. Questions relating to such Third Party Services are not affected by these GTC. VIPrize shall not be in any way responsible for Third Party Services. Third Party Services may be subject to the standard terms and conditions of other providers.
2. CONTRACTING PARTNER AND CONCLUSION OF CONTRACT
(1) Contracts are concluded between VIPrize and the participant, unless otherwise stipulated.
(2) Contrary to the above paragraph, VIPrize, within the framework of the auctions, acts on behalf and for the account of the third party who provides the service to be auctioned (in the following: "the Deliverer"). Thus a contract regarding the acquisition of the service to be auctioned is concluded between the participant and the Deliverer. VIPrize is only an intermediary in this regard.
(3) The participant accepts the present GTC by activating the respective checkbox on the registration form. These forms can be retrieved any time and can be printed or downloaded from the VIPrize website.
(1) To enter to a prize drawing or auction, the participant must first register with VIPrize. For this purpose the participant must enter its first name, last name, date of birth, gender and e-mail address and then choose a password. The participant always diligently ensures that its password remains secret and is not made accessible to third parties. Activities on its account are the participant's own responsibility. The participant is liable for all actions performed by use of its account, unless he is not responsible for the misuse of its account, especially in case the participant has not violated the obligation to keep the password confidential. The participant informs us immediately via e-mail to email@example.com, should the participant need a new password.
(2) Any participant must clearly indicate details such as its name, e-mail address and, if applicable, account data such as IBAN/BIC or BCN/account no.
(3) The participant shall be solely responsible for the accuracy of the information. All information provided must be true and accurate. In case of any changes the participant shall expeditiously update the information.
4. ENTITLEMENT TO PARTICIPATION
Upon entry to the prize drawing or auction the participant represents its majority of age and legal capacity. In case of minority of age the participant represents the existence of its legal representative's consent. VIPrize shall be entitled, but not obliged, at any time to demand written evidence for the participant's majority of age, or rather, the declaration of consent of its legal representative. Participants under the age of 18 may receive or realize prizes and auctioned services not suited for adolescents under 18 years of age, only if they are accompanied by a parent or, if the prize is suitable, if accompanied by an adult who has been entrusted by the participant's parent with the supervision. The costs of an accompanying person are not included in the prize or service to be auctioned, unless expressly provided for in the Rules.
5. EXCLUSION FROM PARTICIPATION
(1) The participation in prize drawings or auctions is only possible in one's own name. Thus, multiple registrations using either own data, or entering of incorrect or third party data is unlawful. The same shall apply in case of entering incorrect or third party data (name, address, date of birth, e-mail address). Any violation of these requirements shall lead to exclusion.
(2) Employees, authorized representatives, legal successors, agents and cooperation partners of VIPrize as well as all advertising agencies and organizers, involved in the the promotion and the carrying out of the prize drawing, and their respective family and household members are excluded from participation in the respective price drawing.
(3) VIPrize reserves the right to exclude persons from participation even beyond the circle of persons specified under clause 1 and 2. Such exclusion must, however, be objectively justified. Such an objective reason is in particular given if persons impede or disturb the proper execution of the prize drawing or auction respectively, for instance, by manipulating the participation procedure and/or by trying to do so and/or by violating the Rules and/or by trying in any other unfair and unethical way to manipulate the prize drawing or auction respectively, in particular, by disturbance, threat, harassment of employees/software of the organizer or other participants of the event. Further sanctions and measures (such as indemnification, complaint) shall remain expressly reserved.
6. RULES AND SET-UP OF THE PRIZE DRAWING
(1) VIPrize draws prizes which consist of meeting with celebrities at different locations. The exact Rules may vary from drawing to drawing and shall be fully presented in connection with each drawing as the "Rules".
(2) The participation in prize drawings does neither require a purchase nor a donation. In the course of participation the participants can make voluntary donations in order to give the respective social project of the celebrity's particular financial support. Processing of donation payments is specified in detail in the respective rules of play of the individual drawings.
(3) Free registration is sufficient for taking part in a prize drawing. Upon such free registration the participant receives a "Lot" with which the participant may take part in the drawing of the first prize.
(4) The higher the donation, the more additional lots the participant will be given and the better its chances to be drawn when the random generator software (which takes into consideration all lots distributed) determines the drawing of the winner.
(5) Having donated, a giver shall receive one of the following exclusive prizes, insofar as this has been indicated in the rules of play of the individual drawings. This applies, in general, to all donation amounts (or "Lot Packages") except for the most favorable lot package.
(6) There is a variety of ways to enter a drawing free of charge without making a donation or be given further lots. The participant will, for instance, receive additional entries for its registration and also for sharing an experience with a friend. To that effect, the participant simply sends the link the participant is provided with on the respective campaign page via Facebook, Twitter or e-mail. The participant will be automatically given 50 additional entries for this drawing for each friend who enters to the drawing via this link. On its profile page the participant can track how many entries the participant has already been given for the respective prize drawing. VIPrize informs that the participant will only be given 50 additional entries if the friend of the participant in fact enters to the drawing via this link. The friend will also automatically be given a free entry for this drawing.
(7) The probability of winning in a prize drawing can vary, depending on the number of participants and the number of lots given out in the respective drawing. Each lot corresponds to one winning chance, resulting in a winning probability of one divided by the total number of lots distributed in the respective drawing. If, for example, 100 lots are given out in a prize drawing, the winning chance of each lot is 1:100. Thus the participant's winning chance increases with the number of its lots.
(8) After having participated in a prize drawing, the participant may choose to invite a friend via Facebook, Twitter or e-mail who the participant would like to join in the celebrations, should the participant win a prize. However, the participant does not need to invite a friend at this moment but make its decision when the participant has actually won.
(9) VIPrize reserves the right to terminate or interrupt the prize drawing at any time for good cause without notice. This applies particularly to such causes that could disrupt or prevent the scheduled course of the drawing.
(10) The individual prize drawings end upon expiry of a certain period. The end of the entry period to a drawing always depends on the specific Rules. Either an expiry date for participation or a maximum number of entrants is indicated.
(11) In principle, each participant may enter for any number of times. VIPrize, however, reserves the right to limit the number of entries per participant. This can be controlled via application of corresponding Rules.
(12) For certain prize drawings the rules of play can stipulate that the drawing is valid only if a specific number of drawing participants is reached. Should such number not be reached, the drawing is invalid and any donations of the participants are repaid to them.
(13) Should VIPrize reimburse a donation to a participant, VIPrize shall retain an appropriate handling fee. The participant shall nevertheless be free to prove that no or only lower expenses were incurred than were charged by VIPrize with the handling fee.
7. PRIZES OF THE PRIZE DRAWING
(1) VIPrize reserves the right to replace offered prizes by equivalent prizes.
(2) Insofar as the prizes include the meeting with celebrities („Meet and Greet“), they depend on the availability of the celebrity to which the winner must conform. Should it be impossible for a winner to be available at the specified date, VIPrize is neither obliged to offer an alternate date nor to provide an alternative prize.
8. DETERMINATION, HANDLING AND EXPIRATION OF PRIZES OF THE PRIZE DRAWING
(1) The determination of prizes is carried out by application of a random generator software and in accordance with the specific Rules. After the prize drawing has ended, VIPrize shall immediately inform the winner by e-mail, usually already on the day of the drawing.
(2) The participant must confirm acceptance of his prize within seven (7) days in the form set forth in the rules of play, unless another period is set there. Should VIPrize require further information for award ceremony, such period shall be correspondingly adjusted in the individual Rules. Should the participant fail to confirm the acceptance of his prize within the required time period, he loses his entitlement to the prize and VIPrize reserves the right to award the prize to another participant.
(3) VIPrize reserves the right to publish the name of the winner on the website www.viprize.org. The participants in the drawings agree to the publication of their names for this purpose.
(4) VIPrize informs that in connection with the prize additional costs may be incurred for its use which shall not be covered by VIPrize. These include, for instance, taxes or insurances or other travelling expenses.
9. OBJECT, RULES, SET-UP AND END OF THE AUCTIONS
(1) In an auction VIPrize auctions, e.g., items and meeting with celebrities at different locations (in the following: "Auction Object") provided by the Deliverer on behalf and for the account of the Deliverer. Insofar as the meeting includes arrival, departure, accommodation or other traveling services, these services are not organized by VIPrize itself or on commission of VIPrize. VIPrize is solely an intermediary for such services.
(2) The Deliverer submits a binding offer to conclude a contract for the purchase of the Auction Object by setting the Auction Object. VIPrize, in coordination with the Deliverer, determines an initial price of the auction and a period within which the offer can be accepted by the participants (in the following: "Auction Period"). The Deliverer can also specify a minimum price for an auction that differs from the initial price. In this case, a contract is not concluded if the highest bidder's bid does not reach or surpass the respective minimum price at the end of the Auction Period.
(3) The participant accepts the offer by submitting a bid by clicking the "Bid" button. If the participant becomes the current highest bidder due to its bid, the participant will receive a confirmation e-mail. An existing bid expires, if another participant places a higher bid during the Auction Period.
(4) When submitting a bid, each participant may determine the maximum amount which the participant is at most willing to bid for the Auction Object (hereinafter referred to as "Maximum Bid"). The Maximum Bid remains hidden from other participants. If other bidders outbid the participant's current bid, the participant's current bid is automatically raised up to the limit of the Maximum Bid, so that the participant remains the highest bidder until his or her Maximum Bid has been outbid by another bidder.
(5) The auction ends with the expiry of the Auction Period. The system time of the platform is the decisive time for the expiration of the Auction Period. Each time a new highest bid is placed within the last ten minutes before the end of an auction, the Auction Period is extended by a further ten minutes, calculated from the time of the last bid placed. The auction closes definitively if no participant submits a new bid in the last ten minutes before the last bid is submitted.
(6) At the end of the Auction Period, a contract between the Deliverer and the highest bidder at that time (hereinafter referred to as "Auctioneer") regarding the purchase of the Auction Object is concluded without any further action. The remuneration of the Auction Object is the highest bid of the Auctioneer for the Auction Object (in the following referred to: "Auction Price"). If the highest bid at the end of the Auction Period is invalid for any legal reasons, a contract is concluded with the participant who placed the highest legally valid bid. The Auctioneer will then receive a notification e-mail about the successful auction containing all relevant information concerning the auction including the relevant payment information.
(7) VIPrize is entitled but not obligated to delete a set auction offer before the end of the Auction Period, if the auction offer violates law. In this case no contract regarding the Auction Object is concluded.
10. PAYMENT AND DELIVERY OF THE AUCTION OBJECT
(1) Payment of the Auction Price by the highest bidder shall be due upon receipt of the notification e-mail about the successful auction by the Auctioneer. The payment options are specified in the auction description and confirmed in the notification email.
(2) The Auction Prices are end prices. Insofar as the Auction Object includes an item, the Auction Price includes the delivery and shipping costs for shipment within Germany, unless otherwise stated in the description of the auction. Shipping costs for shipping outside of Germany are not included.
(3) Where the Auction Object consists of a service (particularly meetings with celebrities), it may involve journeys and can be limited to specific days. In this case, demand of the Auction Object is limited to the set period of time. If the Auctioneer cannot receive its Auction Object, it shall not be entitled to an alternative timely or local claim or an alternative Auction Object.
(4) VIPrize reserves the right to publish the name of the auctioneer on the website www.viprize.org. The participants in the auctions agree to the publication of their name for this purpose.
(5) In case of a defect of the Auction Object, the participant will first contact VIPrize to solve this problem.
11. NOTES ON DATA PROTECTION/PRIVACY
(1) Insofar as VIPrize demands remuneration for services, VIPrize shall be unrestrictedly liable for damages only in case of wrongful intent or gross negligence. If contractually relevant duties are violated, VIPrize shall also be liable in case of simple negligence. Contractually relevant duties including so-called cardinal duties in line with legal practice shall be construed as any duty whose fulfillment is required to allow for the proper performance of the contract, and whose compliance the participant may rely on.
(2) Insofar as VIPrize renders gratuitous services, VIPrize shall be liable only for damages caused intentionally or by gross negligence.
(3) The liability for damages in case of violation of contractually relevant duties shall be limited to the respective foreseeable damage.
(4) The above limitations to liability shall not apply to VIPrize's liability for injury to life, body or health, liability for intent and gross negligence on the part of a legal representative or person used to perform an obligation of VIPrize, for guarantees assumed by VIPrize, or under the product liability law. The liability of VIPrize under Sec. 44a German Telecommunications Act (TKG) remains unaffected.
(5) The above provisions are not related to any change of the burden of proof to the disadvantage of a participant.
(6) VIPrize guarantees an average annual availability of its Websites of 95 %. This shall not include downtimes during which the server cannot be accessed due to technical or other circumstances beyond the control of VIPrize (for instance force majeure, third party fault, etc.). Also excluded are periods in which regular maintenance work is carried out. VIPrize may also limit access to the services inasmuch as such limitation is required for the purposes of ensuring the reliability of network operations, the maintenance of network integrity, in particular, the prevention of serious disruptions of the network, the software or stored data. Such periods shall also not be taken into account when calculating accessibility. The liability of VIPrize for non-accessibility of the servers remains unaffected in case of wrongful intent and gross negligence. The VIPrize Website may not be fully accessible around the world. Accessibility may be limited due to legal constraints in certain countries.
(7) The above exclusions and limitations of liability shall also apply to the personal liability of personnel, workers, employees, representatives and vicarious agents of VIPrize, and especially to the benefit of shareholders, employees, representatives, organs and their members with regard to their personal liability.
13. INTELLECTUAL PROPERTY RIGHTS, COPYRIGHTS AND TRADEMARKS
(1) All materials used by VIPrize, including, but not limited to, software, illustrations, images, graphics, photographs, animations, videos, music, sound recordings, texts (and all intellectual property rights thereto and to similar contents) are protected by copyright and/or other intellectual property rights.
(2) Participants and website visitors shall not obtain any property rights in such copyrighted materials or any right or license to the trademarks, and the participants may not use them without VIPrize's written authorization.
14. BREACH OF CONTRACT AND TERMINATION
VIPrize may extraordinarily terminate the contractual relationship with the participant at any time for cause. An important reason shall in particular be deemed to exist if the participant violates one of these contractual provisions and, following a warning notice, commits the same or an equivalent or similar breach. The warning notice is dispensable if there is a serious violation. A serious violation is any violation which makes it unreasonable for VIPrize to maintain the contract. In general, it is unreasonable fpr VIPrize to maintain the contract if the participant violates the criminal law or provides false data during registration or payment.
(1) VIPrize reserves the right to modify or extend these GTC with future effect at any time insofar as it appears necessary and does not place the participant at a disadvantage contrary to good faith. Modifications may become particularly necessary in order to implement adjustments reflecting a change in a legal position. New court decisions are also considered a change in a legal position. Further developments and changes to the offer may also require a modification or amendment of the GTC.
(2) Any modification or amendment shall be announced at least six weeks before taking effect in a suitable manner in writing. Normally an adjustment of the GTC is notified through announcement via e-mail or on the VIPrize Website.
(3) The participant shall be entitled to object to a modification or amendment within six weeks after announcement and the opportunity to obtain knowledge vis-à-vis VIPrize. In the event of an objection submitted in due time, both parties are entitled to extraordinary termination of the contract. Any other termination right shall remain unaffected. Should the participant fail to object within the objection period, or should the participant continue to make use of the services, the modification or amendment is deemed accepted and becomes an integral part of the contract.
(4) In the framework of notification on the GTC modifications, VIPrize shall separately inform the participant of the options of objection and termination, the time limit and the legal consequences, in particular with regard to a failure to object.
16. INFORMATION REGARDING DISPUTE RESOLUTION
(1) Pursuant toSec. 36 para. 1 no. 2 of the German Act on Alternative Dispute Resolution ("VSBG") VIprize informs the participant that VIPrize is not willing, nor obligated to take part in dispute resolution procedures before a consumer conciliation body.
(2) The online dispute resolution platform of the European Commission is available under http://ec.europa.eu/consumers/odr.
(1) Should a party hesitate, waive or fail to enforce any rights under these GTC, or should one party concede time-limits to the other party, this shall not affect the existence and applicability of the respective legislation.
(2) Participants are not entitled to transfer any and all rights and duties arising from this contractual relationship to a third party. A different regulation only applies, if VIPrize has provided its prior written approval. VIPrize is entitled to transfer any and all rights and duties arising from this contractual relationship to a third party.
(3) In the event that a participant should bring an action, such action has to be brought to a German court, or to the court domiciled at the participant's residence.
(4) The laws of the Federal Republic of Germany shall apply exclusively to contracts concluded on the basis of these GTC and related claims, excluding the provisions of the United Nations Convention on the International Sale of Goods.
(5) Should individual provisions of these GTC be or become invalid, in cases of doubt the validity of the remaining provisions will not be affected thereby.
(6) Any modifications and/or amendments to these GTC and/or side agreements shall require the written form. This shall also apply to a modification of the written form requirement. The written form requirement shall not apply to modifications of these GTC.