Terms and Conditions for YouTube Giveaways by Quality First GmbH
Terms and Conditions for YouTube sweepstakes of Quality First GmbH
1. Subject of the Terms of Use and Participation
1.1. Quality First GmbH, Werner-von-Siemens-Straße 8, 25337 Elmshorn, Germany ("Organizer"), regularly organizes sweepstakes ("Sweepstakes") via its YouTube account @more_nutrition ("YouTube account") to promote its new YouTube account and its products.
1.2. The Sweepstakes organized by the Organizer on the YouTube account are not associated with the former YouTube LLC or Google LLC and their affiliated companies and are not the responsibility of, sponsored by, supported by, or organized by Google LLC and its affiliated companies. All questions, comments, suggestions and complaints regarding Sweepstakes should be addressed to the Organizer and not to Google LLC.
1.3. These terms and conditions of participation govern the conditions for participation in the Sweepstakes and any necessary transfers of rights.
2. What is the period for participation in the sweepstakes?
2.1. The participation period of each sweepstakes is determined by the participation period published on the YouTube account.
2.2. The winners will be notified by the Organizer within three (3) working days after the drawing of the respective Sweepstakes.
2.3. The Organizer reserves the right to extend the participation period by a corresponding announcement on the YouTube account. If the participation period is extended, it is possible that the further prize handling may change.
3. Who can participate in Sweepstakes?
3.1. Any natural person who is at least 18 years old, resides in the Federal Republic of Germany and has their own YouTube account ("Participant") may participate in Sweepstakes published on the YouTube account.
3.2. Each Participant is entitled to participate in the same Sweepstakes only once. Participation by the same person via different social media accounts is prohibited and entitles the Organizer to exclude the person from the Sweepstakes. Furthermore, only persons who have not yet received a prize may participate.
3.3. By participating in the Sweepstakes, the Participant accepts these terms and conditions of participation.
4. How do I participate in the sweepstakes?
4.1. Participation in the Sweepstakes is free of charge and is governed exclusively by these terms and conditions of participation.
4.2. A prerequisite for participation in the Sweepstakes is subscribing to the Organizer's YouTube account.
4.3. Should further requirements for participation in the Sweepstakes be necessary (e.g., liking, sharing, commenting, or submitting information to the Organizer), this will be communicated by the Organizer when the respective Sweepstakes is published.
4.4. All Participants in the Sweepstakes who meet the requirements specified in sections 3 and 4 by the respective time of the draw will be considered.
4.5. After the participation deadline, the winner ("Winner") will be determined by the Organizer from among all eligible persons. The determination will be made by drawing lots based on the principle of chance.
4.6. The Winner will be notified by email by the Organizer.
4.7. Each notified Winner is obliged to inform within three (3) working days after contact, stating their first and last name and postal address, whether they accept the prize.
4.8. If it is not possible to contact the Winner or if the Organizer does not receive a corresponding message within this period, the possibility of accepting the prize will expire, and the Organizer reserves the right to determine another participant and notify them accordingly.
4.9. If the contact details provided by the Winner (e.g., email address or postal address) are incorrect or untrue, the Organizer is not obliged to determine the correct data. Any disadvantages resulting from the provision of incorrect contact details (e.g., undeliverability, return, etc.) shall be borne by the Winner.
5. Rights of Use
5.1. Photos, texts, and videos made in connection with the Sweepstakes may be published by the Organizer without any claim for remuneration. For this purpose, the Participant grants the Organizer a simple, unlimited in time, space, and content, and sublicensable right of use to the posted images, texts, or videos for the presentation and documentation of the Sweepstakes. This includes, in particular, the right to reproduce, distribute, and publicly display the images, texts, or videos. The Participant assures that the images, texts, or videos are free of third-party rights and indemnifies the Organizer from any third-party claims in this respect.
5.2. The Participant is responsible for all content they provide in connection with the Sweepstakes. The Organizer is not obliged to check the content provided by the Participant for potential legal violations or infringement of third-party rights. The content may not constitute an insult to third parties or the Organizer and may not defame, harass, or harm third parties in any way, infringe any (other) third-party rights (in particular personal rights, copyrights, and ancillary copyrights), advertise third parties (in the form of links, texts, and/or images), contain no viruses, and no immoral, obscene, pornographic, threatening, violent, discriminatory, or racist objects.
6. What are the prizes?
6.1. The prizes result from the respective Sweepstakes published on the YouTube account ("Prizes"). As a rule, either vouchers or material prizes are raffled.
6.2. The vouchers (or the voucher code) will be sent by e-mail, material prizes will be sent by the Organizer exclusively in accordance with Section 3.1 to the Winner's place of residence within Germany.
6.3. Cash payment, exchange, or transfer of prizes (both vouchers and material prizes) is excluded for all Sweepstakes.
6.4. Each Winner is responsible for any taxation of the prize.
7. Who can be excluded from the Sweepstakes?
7.1. A violation of these terms and conditions of participation entitles the Organizer to exclude individual or multiple participants from participation in the Sweepstakes. This applies in particular if false information is provided or third-party rights are violated (personal/copyrights).
7.2. In addition, the Organizer may exclude individual or multiple participants from participating in the Sweepstakes if the participation process and/or the platform is manipulated or an attempt is made to manipulate it and/or these terms and conditions of participation are violated and/or an attempt is otherwise made in an unfair and/or dishonest manner to influence the Sweepstakes or the handling of the Sweepstakes, in particular by interfering with the software used. In these cases, prizes may also be revoked and reclaimed retroactively.
7.3. Persons who do not meet the requirements according to sections 3 and 4 are excluded from participation.
7.4. Employees of the Organizer or an affiliated company, as well as other persons involved in the development and execution of these Sweepstakes, are excluded from participation.
8. Premature termination, adjustment, or modification of the sweepstakes
8.1. The Organizer is entitled to terminate, adjust or modify the respective Sweepstakes prematurely at any time without prior notice and without giving reasons, if a proper execution of the Sweepstakes cannot be guaranteed without corresponding measures for technical or legal reasons.
9. How is my data processed?
9.1. Information on data processing can be found in the privacy policy.
9.2. The Organizer processes the data only for the purpose of carrying out and handling the Sweepstakes in accordance with Art. 6 para. 1 lit. b GDPR. The data provided within the scope of the Sweepstakes will be deleted – subject to statutory retention obligations – when the purpose of processing this data has ceased or they are no longer required for the purpose.
10. Severability Clause
10.1. Should individual provisions of the terms and conditions of participation be or become invalid, the validity of the remaining terms and conditions of participation shall remain unaffected.
10.2. Recourse to the courts is excluded.
10.3. German law applies exclusively, and the UN Convention on Contracts for the International Sale of Goods is excluded.