THESE ARE THE OFFICIAL RULES OF THE CONTEST/RAFFLE (“CONTEST”) DESCRIBED IN THE CORRESPONDING SOCIAL MEDIA POST (THE “POST”).
Organiser of the Contest is Ehmann Herzig Schahn GbR (“NOXAIN”).
Process
Every eligable person can participate between the date the Post was published and one day before the winner is chosen (“Promotion Period”). The winner will be chosen on the date detailed in the Post. This means if for example the winner is chosen by December 31, 2019, participation is possible until December 30, 2019 11:59 p.m.
Participation
You can enter the Contest during the Promotion Period by logging into your social media account (or creating a free account if you do not already have one), locating the Post, and following all the instructions mentioned in the Post.
By following the instrcutions in the Post you receive one (1) entry into the Contest (“Entry”). There is a limit of the number of entries per person/social media account/email address which is one (1) unless otherwise listed in the Post.
Automated Entries are prohibited and any such use will cause disqualification. Entrants may not enter with multiple email addresses/social media accounts nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. If it is discovered that you have entered or attempted to enter the Contest multiple times using multiple identities, social media accounts, or email addresses, or that you submitted or attempted to submit more than the Entry limit provided in the Post (if any), all of your Entries may be declared null and void, and any prize you might have been entitled to will not be awarded, all at determined by NOXAIN in its sole discretion. Each Entry will be subject to the social media’s terms of service and terms of use (and must comply with the Entry requirements set forth in more detail below. NOXAIN's decisions with respect to whether an Entry complies with these Official Rules are final and binding and may be made by NOXAIN at any time. Entries that do not meet the requirements set forth in these Official Rules may not be acknowledged and may be automatically disqualified, in the sole discretion of NOXAIN. NOXAIN is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or Website or by any technical or human error which may occur in the processing of the Entries.
Your Entry must comply with all requirements set forth herein to be considered an eligible Contest Entry.
By submitting an Entry, entrants agree to indemnify and hold NOXAIN harmless from and against any and all claims, demands, actions, causes of action, damages, costs, or expenses brought against or suffered or incurred by NOXAIN, or any of them, arising out of or in connection with the participation by the entrants in this Contest, any breach by the entrants of the warranties or agreements contained herein, or the use, in whole or in part, by NOXAIN of any Entry (or portion thereof) submitted by the entrants in this Contest. By participating, entrants agree to these Official Rules, which are final and binding in all respects.
No purchase or payment of any kind is nexessary to enter or win. A purchase will not increase the chance of winning.
Eligibility
Open to legal residents of all countries belonging to the European Union, Switzerland, Island, Liechtenstein, Norway, as well as legal residents of the 50 United States and Canada who are 18 years of age or older at the time of entry. Void where prohibited by law. If the total Approximate Retail Value (“ARV”) of all of the prizes available in connection with a specific Contest exceeds $5,000, that Contest shall be void in Florida and New York.
Employees, contractors, directors, and officers of NOXAIN, its parent, subsidiaries, affiliates, sales representatives, and advertising, promotion and other agencies, and all other service agencies involved with the contest, and members of each of their immediate families (spouses, parents, grandparents, children, and siblings, and their respective spouses) and those living in the same household of each are not eligible to enter or win.
Requirements
By submitting an Entry into the Contest, you warrant and represent that the Entry conforms to the Official Rules, the requirements set forth on the social media website, and the Entry Requirements set forth herein. Entries must be in English. The following guidelines set by the Sponsor should be followed for each Entry:
- You must own all rights in the Entry and have the right to grant NOXAIN a license to use the Entry (including any material embodied in the Entry);
- The Entry cannot be sexually explicit or suggestive, unnecessarily violent, or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity, any materially dangerous activity, or any inappropriate content;
- The Entry cannot promote alcohol, illegal drugs, depict gambling references or tobacco use, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- The Entry cannot be obscene or offensive, defamatory, libelous, threatening, harassing, or endorse any form of hate or hate group;
- The Entry cannot defame, misrepresent, or contain disparaging remarks about NOXAIN or their products or other people, products, or companies;
- The Entry cannot infringe on any trademarks, logos, copyrighted works, trade dress (such as distinctive packaging or building exteriors/interiors), or any intellectual property owned by others (including but not limited to music, photographs, sculptures, paintings, and other works of art or images, published on or in websites, television, movies, or other media); NOXAIN does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by NOXAIN) is grounds for disqualification from the Contest. Do not copy your favorite movie, book, or photo or include materials, images, graphics, music, or trademarks belonging to any third parties or incorporate the names, voices, likenesses, or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use the same in connection with your Entry and grant the rights herein granted to NOXAIN; The Entry cannot (in the sole discretion of NOXAIN) advertise or promote any brand or product of any kind other than NOXAIN’s, including, but not limited to, any of NOXAIN’s competitors or contain any personal identification, such as license plate numbers, personal names, e-mail addresses, or street addresses without permission;
- The Entry cannot contain materials infringing on any individual’s right of publicity, unless you have express permission from that person to use his/her likeness and performance in connection with the Contest;
- The Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which NOXAIN wishes to associate; and
- The Entry cannot violate any law or otherwise be inappropriate; all as determined by NOXAIN in its sole discretion.
Prize
Each verified winner shall receive the prize (or a portion of the prize, if applicable) as listed in the Post. Limit one (1) prize per person/household/email address/social media account. Unclaimed prizes will not be awarded. If a prize cannot be awarded for any reason, NOXAIN reserves the right to substitute prize with another prize of equal or greater value.
The prize(s):
- Prize 1: 1x Playful Poly - Personalized Canvas (Size 40x40 cm)
On a date after the Promotion Period ends, the number of winners as listed in the Post will be selected in a random drawing from among all eligible Entries received during the Promotion Period. Odds of winning a prize depend on the number of eligible Entries received.
Additional prize restrictions, conditions, limitations, and details may be provided to the potential winner. Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by NOXAIN, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. All federal, state, and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are each winner’s responsibility, regardless of whether prize is used in whole or in part. All prize details are at NOXAIN’s sole discretion.
Winner acknowledges that NOXAIN is not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. If applicable, all prize details (including without limitation versions, colors, models, etc.) of prizes will be determined by NOXAIN in its sole discretion.
Winner Notification
Winner(s) are subject to verification, including verification of age. Winner(s) will be contacted via direct messenger within varying days from the Contest’ end date on the social media platform used to enter. You must be following NOXAIN's social media handle/account/page to be eligible. Each potential winner will be required to respond to such notification within five (5) days of attempted notification. The contact notification will include instructions on how to claim the prize.
Potential winners may be required to provide identification sufficient to show that he/she is the authorized account holder of the applicable social media account, including but not limited to providing the original file of his/her Entry, if applicable, in NOXAIN's sole discretion. Any prize won by an entrant who is eligible but still considered a minor in his/her state of residence will be awarded to a parent or legal guardian of such minor who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on winner(s) set forth herein. If winner is found to be ineligible, or not in compliance with these Official Rules and/or the Post, declines to accept a prize, refuses to accept the prize as awarded, if the winner does not respond to NOXAIN within five (5) business days of NOXAIN attempting contact, if the winner does not otherwise comply with the timeline set forth herein (including return completed documents within the time allotted), or in the event that a prize notification or prize is returned undeliverable, the winner may be disqualified and the prize may be forfeited. Potential prize winner (or parent/legal guardian where applicable) may be required to furnish proof of identification and sign, complete, and return an Affidavit of Eligibility/Liability Release and, where lawful, a Publicity Release, within seven (7) days of attempted notification or prize may be forfeited. NOXAIN shall not be held responsible for any change of email address or other contact information of entrants, or for any delays in awarding prizes for any reason outside of their control. Prizes will only be delivered to verified winners and to addresses within countries belonging to the European Union, Switzerland, Island, Liechtenstein, Norway, as well as legal residents of the 50 United States and Canada.
By accepting a prize, each winner consents to the use of his/her name, address (city and state of residence), voice, and statements relating to the Contest or NOXAIN without further compensation, notification, or permission in any publicity or advertising carried out by NOXAIN, any related entities, or anyone authorized by NOXAIN in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.
Disqualification
NOXAIN reserves the right to disqualify any entrant’s Entry in the Contest or entitlement to a prize, if, in the sole discretion of NOXAIN, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other fraudulent, deceptive, or unfair playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process).
Other Conditions
As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree to release NOXAIN, Instagram, LLC, Twitter Inc., Facebook, Inc., and each of their officers, directors, employees, and agents, from any and all liability, loss, or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith or travel related thereto.
NOXAIN reserves the right in its sole discretion to cancel, modify, or suspend this Contest at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity, or proper play of the Contest. In the event of cancellation, NOXAIN reserves the right to select the winners from among all eligible, non-suspect Entries received up to time of such cancellation. In no event will NOXAIN be liable for more than the stated number of prizes.
Privacy
To review our privacy policy, please visit https://www.noxain.com/en/privacy-policy/ to see how NOXAIN uses personal information obtained in connection with this Contest. This Contest is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Instagram, or Twitter. The information you provide will only be used as provided in NOXAIN's privacy policy. If you are selected as a winner, your information may also be included in a publicly available winner’s list. Any questions, comments, or complaints regarding this Contest shall be directed to NOXAIN and not to Facebook, Instagram, or Twitter.
Governing Law
This Contest will be governed by German law.
The invalidity or unenforceability of any provision of these Official Rules or the Post shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules and the Post shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
