WIRTGEN GROUP sweepstake for Bauma 2019

WIRTGEN GmbH (registered office in Windhagen, listed at the local court of Montabaur under the number HRB 14080), Reinhard-Wirtgen-Str. 2, D-53578 Windhagen, Germany (hereinafter referred to as "WIRTGEN") is organizing the participation in a campaign through several online platforms.

This program will run until 05 March 2019 at 23:59:59 Central European Time (CET).

It is expressly understood and agreed that without the prior acceptance and confirmation of these terms and conditions no person will be permitted to participate in the campaign.

WIRTGEN will run the campaign through WIRTGEN GROUP Bauma special website at www.wirtgen-group.com/bauma

All persons over the age of 18 may participate in this campaign. No awards will be issued to minors who participate in violation of these terms and conditions. Persons involved in the conceptual design and implementation of this campaign are not allowed to participate.

To take part in the campaign, each participant is required to send a picture by email to the following email address: online@wirtgen-group.com.

In the aforementioned picture should preferably appear one or more WIRTGEN GROUP machines working in the field. Only those pictures that reflect WIRTGEN GROUP equipment or in which WIRTGEN GROUP equipment appears will be taken in consideration. Furthermore, only pictures reflecting equipment of the WIRTGEN GROUP, WIRTGEN GROUP system partners and John Deere will be accepted. Any pictures showing machines from other brands will not be eligible.

Each participant expressly guarantees that he/she is the owner of the submitted picture and has obtained any legally required consent from any person appearing on the picture. Moreover, the participant will be held liable in the event that such consent is not collected as well as in connection with any claim related to such non-collection.

Please be aware that the transmission of the picture to the WIRTGEN GROUP will be deemed as the participant’s express acceptance of the provisions set forth under the present Terms and Conditions as well as the participant’s confirmation of participation in this campaign.

Not all submitted pictures will be published on the WIRTGEN GROUP Bauma special website. In order to be published, the pictures must fulfil the requirements indicated hereunder and have been previously approved by a designated Wirtgen campaign committee in this regard.

Please note that each participant is allowed to submit only one single picture for this campaign. Therefore, in the event that the participant has multiple eligible pictures, the participant must select his or her favourite picture for the submission.

All participants who have a picture approved by the WIRTGEN campaign committee and afterwards published on the WIRTGEN GROUP Bauma special website will have the opportunity to win one of 10 prizes described hereunder:

First winner:
One day at Bauma to visit the WIRTGEN GROUP booth and one SmartSynergies kit. This prize includes round-trip economy class air transportation between a major airport near the prize-winner’s home and Munich and a two-night stay from Friday, April 12, 2019 to Sunday, April 14, 2019 in a hotel (single room for only one person). Total cost of each trip will depend on winner´s location with a maximum price of EUR 5000,00 (one winner).

Second to 10th winner:
SmartSynergies kit containing 4 scale models of WIRTGEN GROUP branded equipment (1 x WIRTGEN, 1 x VÖGELE , 1 x HAMM, 1 x KLEEMANN). Total cost of each kit: EUR 219,00 (9 winners)

Winners will be selected by a designated WIRTGEN campaign committee. The selection will be made randomly (among the approved and published pictures). There will be one selection round.

The selected 10 winners will be announced shortly after 05 March 2019.

The selection of the winners will be handled objectively. After each competition period, each winner will be notified by email and asked to provide all the personal data indicated hereunder. If after two business days the winner does not respond, a new attempt will be made, also with a deadline of two business days for the answer. After that, in the case of no response, the winner will be eliminated from the contest. All the selected winners are responsible for the accuracy of the contact details they provide, and therefore personal details must be entered correctly.

• First and last name
• Email address
• Location: detailed personal address information (street, number, city, country)
• Picture itself (machine picture, not image of the submitter)
• Place where the picture was taken

For the purpose of clarity, it is explicitly provided that participation in this campaign is not subject to the purchase of any goods or services.

The Prize is non-transferable and no cash redemption or prize substitution permitted, except at the sole discretion of the sponsor. If the prize, or any portion thereof, cannot be awarded for any reason, sponsor reserves the right in its sole discretion to substitute a prize component with one of equal or greater value. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner. Sponsor and sweepstakes parties do not make, nor in any manner are responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize including but not limited to its quality, fitness for purpose or mechanical condition except for the standard manufacturer warranties that come with the prize. Details of prize delivery will be provided at time of winner notification.

WIRTGEN is entitled to exclude any user from participating in the campaign in its sole discretion for any reason as described in these Terms and Conditions, e.g. any breach or non-fulfilment of the present Terms and Conditions, manipulation, etc., and reserves the right to take legal action in any such event. If the requirements for exclusion are met, awards may also be later denied or reclaimed. Exclusion based on the reasons described above will not give right to any claims on the part of the excluded participants against WIRTGEN.

In addition to the foregoing, in the event of pictures reflecting prohibited and inadmissible content, WIRTGEN shall have the right, in its sole and absolute discretion, to delete and report those pictures.

For the purpose of clarity, “prohibited and inadmissible content” means pictures

• (i) depicting or encouraging discrimination against people based on personal attributes such as race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition, etc.;
• (ii) reflecting nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative;
• (iii) promoting or depicting the use of drugs or other illegal substances;
• (iv) promoting or advertising products or services, other than those offered by the WIRTGEN GROUP or its system partners; or (v) that are otherwise deemed inadmissible by WIRTGEN in its sole and absolute discretion based on profane, controversial or otherwise offensive content.

Pictures containing prohibited and inadmissible content will be immediately deleted.

WIRTGEN will also be fully entitled to delete those pictures which are not in compliance with the WIRTGEN GROUP’s safety rules, i.e. machinery operated by children or untrained persons, driving the machinery without the required seat belt or any other behavior which could be expected to result in accidents or injuries.

The participant confirms that she/he is the sole and legally entitled copyright owner of the uploaded picture, which means that the respective picture is personally and independently made by the uploading user free of any third-party rights. The user acknowledges her/his irrevocable consent with the use, i.e., the publication and dissemination of the picture in compliance with § 22 KuG, by WIRTGEN and its affiliates.

With regard to applicable copyright laws, the uploading participant irrevocably grants to WIRTGEN as well as its affiliates the non-exclusive, sublicensable right to use the respective picture for purposes of marketing and advertising without restrictions in time, geography and content. This includes the right to copy, disseminate, show, make publicly available, edit and modify the respective picture in any media, e.g., in electronic or printed form. This includes online publications through the several online channels used by WIRTGEN.

The provision and assignment of rights is provided in consideration of eligibility for the prizes.

WIRTGEN guarantees that each of the pictures that is not selected and published will be immediately deleted and not further used.

WIRTGEN reserves the right to suspend or terminate the use of the platforms at any time.

The participant acknowledges and agrees that his/her participation in this activity is purely voluntary.

All matters arising out of or relating to these Terms and Conditions shall be governed by and construed in accordance with the substantive laws of the Republic of Germany to the exclusion of its rules on conflict of law provision or rules. Any claim or cause of action arising under these Terms and Conditions shall be brought only in the courts located in Germany, and the parties hereby consent to the exclusive jurisdiction of such courts.

By participating in this campaign, you agree to the use of your personal data according to the privacy notice.

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