1.1 This Christmas Giveaway (hereinafter also referred to as “Giveaway”) is organized by Jimdo GmbH, Stresemannstr. 375, 22761 Hamburg, Germany, www.jimdo.com, email@example.com /+49 40 – 8 22 44 997 (hereinafter referred to as “Jimdo” or the “Organizer”) and the following Jimdo Christmas Giveaway Terms and Conditions of Participation(hereinafter referred to as the “Terms”) apply thereto.
1.2 The Christmas Giveaway hosted by Jimdo is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram. You are providing your information to Jimdo and not to Facebook or Instagram. As a Participant and/or Winner, you will fully release Facebook and Instagram from any and all liability, claims, demands, and causes of action for personal injury and or damage, theft, or loss suffered in connection with this Giveaway or the use or acceptance of the Prize or any portion thereof whatsoever.
2. The Giveaway
2.1 The Christmas Giveaway entails 8 individual Giveaways, across two platforms (4 Giveaways on each platform), that will take place in chronological order:
- The first Giveaway will start on the 28.11.2019, with the posting of the Giveaway on Facebook and Instagram, and will end on the 02.12.2019 at 11am CET.
- The second Giveaway will start on the 05.12.2019, with the posting of the Giveaway on Facebook and Instagram, and will end on the 09.12.2019 at 11am CET.
- The third Giveaway will start on the 12.12.2019, with the posting of the Giveaway on Facebook and Instagram, and will end on the 16.12.2019 at 11am CET.
- The fourth Giveaway will start on the 19.12.2019, with the posting of the Giveaway on Facebook and Instagram, and will end on the 23.12.2019 at 11am CET.
During this time, Users will have the opportunity to participate in the Christmas Giveaway.
2.2 Participation takes via the official Instagram account and the official Facebook page of Jimdo. The prize(s) announced in the corresponding post will be raffled among all Participants, i.e. those who leave a corresponding entry on the official Jimdo Instagram and/or Facebook page under the raffle post, before the deadline for entry expires. Only entries that meet the conditions of the respective Giveaway post, as well as these conditions and that are submitted on time i.e. before the end of the individual giveaway, will be considered for the respective round. Entries that do not meet this criterion will not be entered into the Giveaway.
2.3 Within the context of this Giveaway the Winners will receive the following prizes from Jimdo:
- First Giveaway: 10 x Dolphin Grow Legal for one year (new purchases only). Five Dolphin Grow Legal packages will be raffled among the Facebook Participants and five more Dolphin Grow Legal packages will be raffled among the Instagram Participants.
- Second Giveaway: 6 x Dolphin Unlimited for 2 years (new purchases only). 3x Dolphin Unlimited will be raffled among the Facebook Participants and 3x among the Instagram Participants.
- Third Giveaway: Either a lifetime Dolphin Unlimited plan or alternatively (if the Winner has an online shop) a lifetime Dolphin VIP Plan. One lifetime package will be raffled among Facebook Participants and one lifetime package will be raffled among Instagram Participants.
- Forth Giveaway: iPhone 11 Pro (hereinafter referred to as the “iPhone”)( Apple Inc. is neither organizer nor sponsor and has no business relationship with Jimdo). One iPhone will be raffled among the Facebook Participants and one among the Instagram Participants. Upon receipt of the Winners postal address, Jimdo will ship the iPhone to the Winner via registered post. If the iPhone is undelivered due to inaccurate details provided by the Winner or loss/damage incurred during shipping, the Organizer reserves the right to withdraw and reallocate the prize entitlement and any liability is hereby excluded.
2.4 If a prize is not or no longer available at the time of distribution, Jimdo reserves the right to offer an equivalent or higher quality product of the same category. A cash payment of the prizes is excluded. Winners will not be entitled to receive any prizes in kind or to exchange prizes for any other item. Prizes are not transferable to third parties. A cash payment of the prizes is not possible. All taxes, licenses and fees, if any, are the sole responsibility of the Winners.
3. Participation, notification, eligibility
3.1 The competition is open to natural persons of full age within their respective jurisdiction.
3.2 Raffle and notification: On the day following the end of each of the first three Giveaway rounds, the Winners will be randomly selected from all comments that fulfill the Giveaway Post requirements, satisfy these Terms and that have been posted by the end of the entry period. For the fourth Giveaway round the Winner will be announced on the same day, a few hours after the deadline for participation has passed. There is no recourse to a legal process. The Winner will be notified via Facebook and Instagram by personal message and/or tagged by a new Jimdo comment and requested to respond to Jimdo via email.
3.3 The Participants agree that Jimdo will use the Facebook and Instagram messaging features to contact the Winners. Important: Please check your Instagram and Facebook mailbox at the end of each deadline. The Winner will have 48 hours after notification (for the first three rounds of the Giveaway) to email firstname.lastname@example.org with their contact information (email address). The Winner of the fourth Giveaway will have until the 03.01.2020 at 3pm CET to email email@example.com with their contact information (email address). If the Winner does not respond within this period, the prize will then once more be randomly raffled among all Participants.
3.4 Information about the Winners (e.g. Instagram/Facebook profile name) can be published on Jimdo’s official Instagram account as well as on Jimdo’s official Facebook page.
4. Exclusion from Participation
4.1 Excluded from participation are employees and their relatives, as well as agents of Jimdo.
4.2 The Participants undertake not to share any illegal content or to violate the rights of third parties. Jimdo reserves the right to exclude persons who violate these terms and conditions from the competition and to remove the comments. Jimdo will not enter into any correspondence regarding the prize draw or the selected Winners, and no legal action can be taken.
4.3 To participate in this Giveaway, the Participant must post a comment in response to the current Giveaway post from the official Facebook or Instagram channel of Jimdo. Such comments will be subject to the following additional terms:
- The response or post must not violate any rights of any third party.
- The comment or rather the text therein must have been composed by the entrant.
- In addition, uploaded photos/images or posted texts may not contain any illegal or immoral content, e.g. pornographic content, or content that incites hatred or hatred of the people, or content that is contemptuous of humanity or content that in any other way violates public decency.
4.4 In the event of any violation of the Jimdo 2019 Christmas Giveaway Terms and Conditions (hereinafter referred to as the Terms), the Participant will be specifically liable for any legal offences. In this respect, the Participant will indemnify Jimdo against all claims by third parties, including the necessary costs of legal defense and prosecution.
4.5 Participation after the expiry of the specified closing date and time is excluded. In all cases, the electronically recorded receipt by the organizer is decisive. The organizer cannot be held responsible for any technical malfunctions, e.g. possible failures of the telephone network or malfunctions of the servers, which prevent participation in due time.
5. Premature Termination of this Giveaway
5.1 Jimdo reserves the right to suspend, cancel or amend the Christmas Giveaway and/or review and revise these Terms at any time without giving prior notice. By continuing to take part in the Christmas Giveaway subsequent to any revision of these Terms, Participants will be deemed to have agreed to any such new or amended terms.
6. Data Protection and Legal Recourse
6.1 Participants’ data will be collected and processed to the extent necessary to conduct the Christmas Giveaway and to notify Winners or ship prizes. It will not be used for other purposes, in particular for advertising purposes. The Participants’ data will not be archived, nor will it be passed on to third parties and it will be destroyed after the end of the Christmas Giveaway and upon granting of the prizes to the respective winners. The responsible body within the meaning of the Federal Data Protection Act and the Telemedia Act is Jimdo, Stresemannstrasse 375, 22761 Hamburg, Germany. Privacy@jimdo.com www.jimdo.com
Any questions regarding the conduct of this Christmas Giveaway and the processing and use of personal data, are to be directed to: Privacy@jimdo.com
6.3 No correspondence concerning the Giveaway or the chosen Winners will be entered into, and there is no right of appeal.
6.4 Liability: By entering this Christmas Giveaway, the Participant agrees to release and hold harmless Jimdo and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assignees, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: i) the application process and participation in the Giveaway ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention or error in any part of the entry process or the Giveaway or as concerns the presentation of the entry; (v) electronic or human error in the administration of the Giveaway, the processing of entries and the displaying of the Entry on any channel. Any liability of Jimdo for the existence of the technical requirements for timely participation in the competition or the dispatch of the prizes (permanent access to the websites on which participation is possible, or dispatch of the prizes by transport companies, or the delivery of the prizes by the respective partner) is excluded.
6.5 Should individual provisions of these Terms be deemed invalid or should they contain a loophole, this will not affect the validity of the remaining provisions.
6.6 This Giveaway is governed by the law of the Federal Republic of Germany and is subject to the exclusive jurisdiction of the courts of Hamburg.
22761 Hamburg, Germany
Tel.: +49 40 – 8 22 44 997