USAGE RIGHTS REQUEST & TERMS & CONDITIONS OF ORTOVOX SKI LOCAL CONTEST

v.10.01.2020

Hey - so glad you stopped by! We, , are happy that you take part at our #skilocal competition. We’ve come across your picture or video and just had to ask if we could use it on our marketing channels. Therefore, we’d like to request the right to use your UGC (“User Generated Content” – “UGC”). Thanks a lot for considering our proposal!

In connection with the competition, ORTOVOX may contact each participant with a usage rights request for the published picture/video tagged with #skilocal and @ortovox (In the following, these contents are referred to as UGC („User generated content)). On our competition website we present participating #skilocal pictures, for which we ask the UGC. The participation of the competition does not depend on the consent of the user request.

If you grant us your permission to use your UGC in the extent described below, we will post your account name on our website to make sure people know, whose great UGC that is. We would also effort to post your account name when using your Content in other marketing channels.

By responding to this usage rights request with the hashtag you are agreeing to the following licensing terms:

A) GRANT OF RIGHTS

You hereby grant to us and our affiliates a non-exclusive, free, timely and locally unlimited right to use your UGC for all marketing purposes, online and offline, especially in advertisements, for example our catalogs, in store, email and all other communications including business to business as well as business to consumer relationships, especially to safe, reproduce, display, distribute, make publicly available and - while respecting Section 14 German copyright act - alter and edit your UGC. (“Licence”).

The license is:

Our “Affiliates” are limited to our partnershops, resellers and affiliated companies pursuant to Section 15 of the German Stock Corporation Act, and the Anchor Media GmbH (squarelovin).

YOU PROMISE US

We reserve the right to stop using your UGC for any reason and remove it from our marketing channels without any notification or replacement.

To this agreement GERMAN Law (to the exclusion of the UN Convention on Contracts for the International Sale of Goods) is solely applicable. If you are a consumer, this choice of law is only applicable insofar, as mandatory consumer laws in the state where you have your usual whereabouts remain unaffected.

If you are a merchant, an entrepreneur within the meaning of Section 14 of the German Civil Code or a legal person under public law or a special fund under public law or you have no residence in Germany or your whereabouts are unknown, the exclusive - and international - place of jurisdiction for all legal disputes because of or in connection with this agreement is our place of business.


TERMS & CONDITIONS OF THE ORTOVOX SKI LOCAL COMPETITION

ORGANIZER

The ORTOVOX SKI LOCAL COMPETITION will be organized by ORTOVOX Sportartikel GmbH (hereinafter referred to as “ORTOVOX”), Rotwandweg 5, 82024 Taufkirchen, Germany, Register Court Munich HRB 68754.

COMPETITION DURATION

The ORTOVOX SKI LOCAL COMPETITION will begin at 8:00 p.m. CET on January 13, 2020 and will end at 11:00 p.m. CET on February 2, 2020

CONTEST PROCEDURE

Participation in the ORTOVOX SKI LOCAL COMPETITION is by publishing a creative ski tour picture in the participant‘ Instagram Feed. In addition, the published picture must be tagged with the hashtag #skilocal, as well as @ortovox. The picture must be publicly viewable.

OVERVIEW OF PRIZES

1 of 10 ORTOVOX ski touring outfits can be won. Depending on the ranking, the ski tour outfits include the following products:

Prize 1 to 3: Ski touring outfit including safety equipment worth 880 €, consisting of:

Prize 4 to 10: Basic ski touring outfit worth 345 €, consisting of:

ELIGIBILITY

All persons aged 18 and above are eligible to enter the ORTOVOX SKI LOCAL COMPETITION. Each participant may only enter once. Persons residing in Italy, employees of ORTOVOX and the Schwan-STABILO Group and their relatives are not permitted to enter the contest.

RIGHTS TO THE SUBMITTED SKI TOUR PICTURE

By publishing your ski tour picture, you confirm, represent and warrant that you own the picture and the picture does not violate any privacy rights, publicity rights, image rights, copyrights, contract rights, intellectual property rights or any other rights of any person; and the posting of your pictures and/or content does not result in a breach of contract between you and a third party.

SELECTION OF WINNERS

After the end of the competition period the 10 best #skilocal pictures will be selected by an internal ORTOVOX jury on February 4, 2020. The jury will also determine the rankings 1 to 10. All winners will then be contacted by private message via their Instagram account.

PUBLICATION OF WINNERS’ NAMES

By entering the ORTOVOX SKI LOCAL COMPETITION, participants agree to have their names published on the official ORTOVOX website and the ORTOVOX Facebook and Instagram pages.

NOTIFICATION OF WINNERS

Winners will be notified by private Instagram message. If a winner does not respond within 3 days of notification, the prize will be forfeited and a new winner may be selected from contest participants who have fulfilled the above criteria.

PROVISO

ORTOVOX does not guarantee that the contest and/or the ORTOVOX website shall always be available reliably, timely, without malfunction and without disruption. ORTOVOX reserves the right to terminate the contest at any time without warning and without providing reasons. No liability is assumed for the announcement of winners. Cash payment or exchange of prizes will not be possible. Rights to prizes are not transferable to third parties. All decisions are final.

NO OBLIGATION TO PURCHASE

Participation in the ORTOVOX SKI LOCAL COMPETITION does not include an obligation to purchase.

PRIVACY POLICY

ORTOVOX ensures that collected personal data will be treated confidentially according to data protection regulations, in particular to the EU General Data Protection Regulation (GDPR).

  1. Responsible person and scope
    The responsible person is: ORTOVOX Sportartikel GmbH, Rotwandweg 5, 82024, Taufkirchen, Germany (hereinafter “ORTOVOX”).
  2. Data Protection Officer
    Our Data Protection Officer is: Mr. Sebastian Meyer, Schwanweg 1 – 90562 Heroldsberg, Germany. Please refer to our Data Protection Officer if you have any questions regarding data protection issues at our company. You can reach him under the email-address: Datenschutz@schwan-stabilo.com.
  3. INFORMATION ON DATA PROCESSING IN CONTESTS

    Participants’ personal data, such as surname, name, nickname, email address and country shall only be used for carrying out this contest and for notifying winners. Depending on the contest prize we may also ask participants for their size and gender. Winners’ addresses will be processed for the shipping of prizes.

    The above-mentioned personal data shall be gathered only after being entered by the participant. It is the free decision of the participant whether to provide these details to us. Without this information, however, ORTOVOX cannot allow participation in the contest and/or deliver the prize.

    Personal data will not be passed on to third parties. When shipping prizes, ORTOVOX makes use of several delivery service partners who also receive participants’ personal information to the extent required to fulfill their duties. We pass on personal data to third parties only if there is a reasonable contract (e.g. an order processing contract, if legally required) in place. Personal data is only ever passed on in the smallest scope necessary for the respective purpose. The affected companies must follow the applicable date protection law, handle your personal data confidentially and may in no event use these for their own business purposes.

    The legal basis for processing data after the user has registered for the contest is Article 6(1)(b) and Article 6(1)(f) of the GDPR, i.e. processing is necessary for the performance of pre-contractual measures and/or for fulfilling a contract, and for safeguarding the legitimate interests of our company.

  4. Rights concerned

    From the GDPR, the following rights arise for you as an affected person for the processing of your personal data:

    4.1. Right of access

    According to art. 15 GDPR, you can request information about your personal data processed by us. In particular, you may request information on the source of the data, the recipients of this data or categories of recipients, as well as the processing purposes.

    4.2. Right of objection

    If the processing of personal data is based on your consent, you may object to this processing for the future, at any time and without any reason. To do so please send an email to: info@ortovox.com or a letter to: ORTOVOX Sportartikel GmbH, Rotwandweg 5, 82024 Taufkirchen.

    4.3. Right to rectification

    In accordance with art. 16 GDPR, you can immediately request the rectification of incorrect or the completion of your personal data stored by us.

    4.4. Right to erasure or restriction

    In accordance with art. 17 GDPR, you may request the deletion of your personal data stored by us. The personal data will be deleted within 7 working days from your request. Any retention periods required by law shall remain unaffected. If your data may not be deleted due to retention periods, only a restriction of processing may be applied. Upon deleting your data, no access right may be granted.

    4.5. Right to data portability

    According to art. 20 GDPR, you may request to receive your personal data that you have provided to us in a structured, common, and machine-read format, or you may request the transfer to another responsible person, insofar this is possible to due technical means.

    4.6. Revocation

    In accordance with art. 7 (3) GDPR, you can revoke your once given consent to us at any time. As a result, we are not allowed to continue the data processing based on this consent for the future. In such an event you may not access our company sight.

    4.7. Exercising the rights concerned

    To exercise the aforementioned rights, please contact us at: info@ortovox.com or per mail to: ORTOVOX Sportartikel GmbH, Rotwandweg 5, 82024 Taufkirchen, Germany. Your personal data (possibly your email, name and telephone number) will be processed in order to answer your questions or respond to your concern. This data will be deleted if no longer necessary; in the event of statutory retention periods – the processing may only be limited.

  5. Complaint to a supervisory authority
    According to art. 77 GDPR, you have the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of stay, your workplace or our company headquarters.

FACEBOOK/INSTAGRAM AFFILIATION

All contests on the official ORTOVOX Facebook page bear no affiliation with Facebook/Instagram and are in no way sponsored, supported or organized by Facebook/Instagram. Facebook will not receive any of the information you provide. This information will solely be received by ORTOVOX Sportartikel GmbH.

To this agreement GERMAN Law (to the exclusion of the UN Convention on Contracts for the International Sale of Goods) is solely applicable. If you are a consumer, this choice of law is only applicable insofar, as mandatory consumer laws in the state where you have your usual whereabouts remain unaffected.

For further information, please contact: