Status: December 2021
1 48grams Cosmetics GmbH (hereinafter referred to as 48grams) is the operator of the 48grams website, the 48grams text and the official 48grams page on social networks. Unless otherwise stated in the respective sweepstakes, these General Terms and Conditions of Participation apply to all sweepstakes that 48grams conducts on the 48grams website and/or on the 48grams text and/or on the 48grams pages on social networks (e.g. Facebook, Instagram) (hereinafter collectively referred to as 48grams sweepstakes). Sweepstakes in the aforementioned sense are components of a telemedia offer operated by 48grams which, in the event of participation, offer participants the opportunity to receive an asset, in particular in the form of money, goods or services (cf. also § 2 No. 1. of the Statutes of the State Media Authorities on sweepstakes broadcasts and sweepstakes). These General Terms and Conditions of Use apply to 48grams sweepstakes in addition to the terms and conditions specified in the respective 48grams sweepstakes.
By participating in a 48grams competition, each participant accepts these conditions of participation as well as the conditions and deadlines specified for each 48grams competition. The closing date for entries is the expiry of the entry period. If the deadline falls on a Saturday, Sunday or public holiday, the last preceding working day (excluding Saturday) shall be deemed to be the deadline for the entry period. 3.
3. every natural person of full age is entitled to participate in a 48grams competition. Minors are only permitted to participate with the consent of their legal representatives and subject to the legal provisions and approval by 48grams. If a minor participates in a 48grams competition, he/she declares that he/she has obtained the prior consent of his/her legal representatives. No prizes will be distributed to persons whose participation is not permitted. The 48grams competitions are free competitions. A lottery is also considered to be free of charge if the fees for telephone participation are a maximum of € 0.14, for participation by SMS a maximum of € 0.20 and for postal contact the cost of a postcard per participation. Legal representatives and employees (as well as their relatives) of 48grams, of companies legally affiliated with 48grams and of business and cooperation partners relevant to the sweepstakes are not eligible to participate.
4. how to participate in the 48grams competition, which prize will be drawn and how the winner (or winners) will be determined, is described in more detail in the 48grams competition (unless stated in these conditions of participation). Each participant can only participate once and only in his or her own name. Participation via a service provider, in particular via a lottery entry service / lottery service, is excluded. The same applies to sweepstake clubs and automated entries via sweepstake robots. Multiple participation is also excluded. Possible winnings are not transferable.
5. 48grams is entitled to announce the name of the winners in abbreviated form (first name and abbreviated surname) on the Internet and/or teletext as well as on the website of the respective cooperation partners. The participant (as well as their legal representative) agrees to this form of announcement, unless they object to the announcement when participating in the competition. Personal data will only be processed within the scope of the competition to the extent that this is necessary for the competition. In all other respects, reference is made to the data protection declaration on the 48grams website with regard to the necessary processing of personal participant data and the rights of the person concerned.
6. If the participation requires the submission of materials (e.g. handicrafts or so-called "user-generated content" in the form of pictures or videos), each participant (and in the case of minors, their legal representatives) warrants that they are the sole owner and holder of all copyrights and rights of use to the submitted material. At the same time, 48grams is granted a comprehensive right of use to the material upon sending it (in the case of minors, the participant hereby also assures the consent of their legal representatives), as a result of which 48grams may use the material in all media (in particular for public dissemination on the Internet/TV as well as on social media) for its own purposes (in particular, however, within the scope of the competition) without any temporal, spatial or geographical restrictions. After the conclusion of the competition, 48grams is entitled to destroy any material sent in.
7. If the description of the competition contains a pictorial/textual representation of the possible prize, this is not necessarily identical to the item to be won. Minor deviations (e.g. color, equipment, model) are possible. In addition, 48grams has the right to exchange the respective announced prizes at any time and to replace them with other equivalent prizes and prizes. In addition, 48grams has the right to change the respective game schedule until the start of the competition. In such cases, the winner shall not be entitled to any claims against 48grams or against legally affiliated companies. The equivalent value of the winnings is not payable.
8. The dissolution of the competition as well as the determination of the winners shall be carried out by 48grams, its employees, vicarious agents or commissioned third parties. 48grams is not liable for slightly negligent conduct of these persons in determining the winners. The resolution of the competition may be published on www.48grams.com, on a 48grams page in social media, and/or in the television text of the 48grams station. However, 48grams also reserves the right to contact the winner directly (provided 48grams has the contact information) and inform the winner of his/her win.
9. In the event of a win, 48grams will notify the participant in text form (e.g. by email or fax) or by telephone. Alternatively, notification can also be made via a social network if the competition has also taken place there. After notification, the winner is obliged to inform 48grams within six working days of receipt of the notification whether he/she accepts the prize. If the notification is made by telephone, 48grams will leave a message if the winner cannot be reached personally, as far as technically possible. The winner must have informed 48grams within 24 hours of receiving this notification whether he/she accepts the prize. In the event of non-compliance with these deadlines, 48grams is entitled to draw a new winner and to award the prize elsewhere. Compensation claims of the initially drawn winner against 48grams are excluded.
10. the participant declares (in the case of minors with the consent of their legal representatives) to 48grams that in the event of a win (in particular in the case of trips and events) 48grams shall not assume any liability for damages culpably caused by the participant and 48grams shall be released from all claims of third parties. In addition, 48grams is not liable for damages or impediments to performance (in particular those caused by claiming the prize) that lie outside the responsibility of 48grams. With regard to the main and ancillary services provided by 48grams, 48grams, its legal representatives and its agents (e.g. the contracted service provider) are only liable in case of intent or gross negligence. In the event of a breach of material contractual obligations (i.e. obligations the fulfillment of which makes the proper performance of the contractual relationship possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and compliance with which 48grams may regularly rely on), liability shall also exist in the event of simple negligence, but shall be limited to the foreseeable damage typical for the contract. Claims for damages arising from injury to life, body or health as well as under the Product Liability Act shall remain unaffected by the above limitations.
11. Prizes in the form of trips and/or events must always be claimed by the winner at the time specified by 48grams or the (travel) organizer. Otherwise, the prize shall be forfeited without any claim to reimbursement of costs. When claiming travel and/or events, the conditions of the respective (travel) organizer apply in addition to these conditions of participation. For all claims arising from the travel relationship and/or an event, the (travel) organizer or the other service providers are exclusively liable, but not 48grams. All expenses in excess of the expressly offered price (e.g. travel to and from the event, meals, transportation, fees, expenses, travel insurance, rebookings approved by the (travel) organizer) are to be borne by the winner independently and at his own expense, unless expressly agreed otherwise. There is no claim to substitute payment of the prize in money, in particular if, in the case of trips or events, fewer than the maximum number of persons take part in the trip or event or if, in the case of trips abroad, the start of the trip is not possible because all entry requirements are not met. 48grams assumes no liability for the cancellation of the trip or event due to force majeure or due to circumstances for which the (travel) organizer or its business partners are responsible. The winner and any accompanying person(s) must have a valid identification document with them at the start of the trip. Likewise, the winner and any accompanying persons are responsible for obtaining any visas that may be required themselves and at their own expense. In the absence of the required travel documents, 48grams may deny the winner the prize. Claims against 48grams are excluded in this case.
12. Cash prizes will be paid out at the discretion of 48grams by crossed check or by bank transfer to an account to be specified by the winner. In the event of a transfer of a cash prize, the winner shall provide 48grams with his/her bank details and agrees that 48grams may forward the bank details to the respective cooperation partner in order to enable the latter to make the transfer. Costs incurred as a result of the crediting or transfer of the cash prize (e.g. bank charges, taxes) will only be borne by 48grams if this was expressly stated in the competition. With the transfer to the named account or the delivery of the crossed check, 48grams is released from the payment obligation regarding the prize. If a transfer of the cash prize does not take place due to the incorrect specification of the bank details or due to other circumstances for which 48grams is not responsible, there shall be no claims against 48grams.
13. 48grams is entitled at any time to exclude a participant from participation in a 48grams competition due to serious breaches of contract.
14. 48grams is entitled to cancel or terminate the competition at any time without prior notice and without giving reasons. This possibility will be used in particular in the event of technical complications (e.g. viruses in the computer system or software errors) as well as in the event that for legal reasons a proper implementation of the competition cannot be guaranteed.
15. The legal process is excluded.