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Entry conditions for the contest “50 Years of 911”

  1. The contest “50 Years of 911” is being held by Dr. Ing. h.c. F. Porsche AG, Porscheplatz 1, D-70435 Stuttgart (referred to below as the “organiser”). It starts at midnight (CET) on 1.03.2013 and ends at midnight (CET) on 01.06.2013. The contest is open worldwide.
  2. Participation in the contest constitutes acceptance of these entry conditions.
  3. The contest is open to owners of a Porsche 911 built between 1963 and 2013. Entrants must be over 18 years of age. The contest is not open to employees of Dr. Ing. h.c. F. Porsche AG and their families, or to employees of subsidiaries or cooperation partners involved in preparing or handling the contest and their families.
  4. The prize on offer is a professional photo shoot at the winner’s residence and featuring the winner’s vehicle. The winner will not incur any additional costs as a result of this photo shoot.
  5. The contest is free to enter and takes place exclusively online. Contest entry involves sharing a photo on the social networks “Instagram”, “Flickr” or “Twitter“ under the entrant’s own member profile (registration required). The photos can also be submitted by e-mailing them to 911@porsche.com. Only one picture per 911 owner can participate in the competition. If one participant ownes more than one 911 cars, one picture per car can be uploaded. Unfortunately one participant can only win one professional photoshooting. The photos will then be aggregated and displayed on the photo platform specified below together with the member name assigned to the respective member profile on the social network. The URL under which the photos will be published is: 50years.porsche.com.
  6. The photo must exclusively show a Porsche 911 built between 1963 and 2013 and owned by the entrant. Any people shown in the photos must give their consent for the photo to be used, and in particular to be published online (right to one’s own image). The photo file must be uploaded in JPEG format and must not exceed a size of 6 MB. Each photo must be accompanied by a post containing the following text/number combination (called a “hashtag”): #50Y911 The entry deadline is midnight (CET) on 01.06.2013.
  7. The three entrants with the highest number of votes after the contest ends (first place with the most votes, second place with the second most votes, third place with the third most votes) will each win a professional photo shoot. Votes are awarded by “liking”/clicking a heart on the organiser’s photo platform (under 50years.porsche.com). Each user can vote only once and cannot vote for their own photo. Porsche reserves the right to delete pictures with suspicious votes through automatic scripts or cookie deception. Porsche will also delete pictures with many votes from the same IP-adress. In the event of a tie, the organiser will draw lots.After the contest ends, voting will remain open until midnight (CET) on 14.06.2013. The winners will then be selected and notified by the organiser.
  8. The organiser reserves the right to publish the photos taken as part of the professional photo shoot both online and offline, e.g. in print form. The entrant agrees in advance to the photos taken during the photo shoot being published in these ways.
  9. The judges’ selection is final.

Rights of use, indemnification and responsibility

  1. The organiser is not obliged to review the photos submitted by entrants for potential violations of third-party rights. The organiser is likewise entitled to reject any submitted photos where it judges the contents to be unlawful or offensive to common decency.
  2. By uploading photos, the entrants declare that the contents do not violate any third-party rights, i.e. that the photo belongs to them, and that any people shown have given their consent for the photo to be used, and in particular published online. The entrants indemnify the organiser against any third-party claims alleging infringement over contents submitted by the entrants. They commit to provide the organiser with all reasonable assistance in defending any such claims.
  3. The entrants agree to their photos being used by the organiser in online and offline media, e.g. in print media, in connection with the contest, draw, handling and presentation of the prizes, and in particular to them being reproduced, distributed and made publicly available to third parties in other ways. For these purposes, the organiser is also permitted to edit the submitted photos and, if necessary, grant rights of use to them to third parties. These rights are granted free of charge and without any limits on place, contents or time.

Handling

  1. The prize cannot be paid in cash or material assets and neither can it be exchanged or transferred to others. The winners do have the option to forego their prize. If this happens, the next entrant in the prize ranking will move up one position. The redemption of the prize in the form of the photo shoot will be individually coordinated with the winner.
  2. The winners will be notified of their win by direct message to the member profile on the respective social network within four weeks of the contest ending and are requested to acknowledge this notification.
  3. If a winner fails to acknowledge acceptance of the prize by sending an e-mail to 911@porsche.com within four weeks, the prize will be forfeited. The organiser is not obliged to find the correct address for entrants who specify incorrect contact details, e.g. invalid e-mail address. Any losses resulting from incorrect contact details will be borne by the entrants.
  4. The winners will be named on the following websites. The winners expressly agree to this form of publication:
    www.porsche.de/50years
    50years.porsche.com
    www.facebook.com/porsche

Premature termination and exclusion of guarantee

The organiser points out that the availability and function of the contest cannot be guaranteed. The organiser is entitled to prematurely terminate the contest if its execution can no longer be guaranteed for technical and/or legal reasons. These reasons can include technical problems (viruses in the computer system, manipulation, bugs in the hardware and/or software, etc), changes to the terms of use or other decisions by the social networks involved (“Instagram”, “Flickr”, “Twitter” and “Weibo”). The entrants do not accrue any rights as a result of premature termination.

Liability

  1. The following exclusions and limitations of liability apply to the organiser’s liability for compensation, without prejudice to the other statutory qualifying conditions.
  2. The organiser shall bear unlimited liability if the damage is caused by malice or gross negligence.
  3. The organiser shall also be liable for slightly negligent violation of essential obligations if this endangers the attainment of the contractual purpose or for the violation of obligations whose fulfilment is necessary for proper execution of the contest and on whose fulfilment the parties to the contract could reasonably rely. In this case, the organiser shall only be liable for foreseeable damage typical of the contract. The organiser shall not be liable for slightly negligent violation of obligations other than those specified in the above-mentioned paragraphs.
  4. These limitations on liability shall not apply in the event of injury to life, body and health, for deficiencies after assuming guarantees for the quality of a product or for fraudulent concealment of deficiencies. Liability under the product liability law remains unaffected.
  5. If the organiser’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and agents of the organiser.

Notes on data protection

  1. The organiser must collect the member names under which the entrants are registered on the social networks in order to run the contest (member name on the social networks “Instagram”, “Flickr”, “Twitter” and “Weibo”). The following data will also be collected from the three winners to arrange a date for the professional photo shoot: name and surname, house number and street, postcode, city and country, e-mail address and telephone number.
  2. The organiser collects, processes and uses the entrants’ data solely for the purpose of designing, running and handling the contest. This data will be deleted once the contest is over and the winners have been picked. The winners’ data will be deleted once the prizes have been presented, i.e. the professional photo shoot carried out.
  3. The entrants can request information on the personal data stored by the organiser at any time in writing or by text and can demand that it be corrected or deleted; they can also withdraw their consent for the data to be used.

Notes on the social networks and terms of use

  1. In addition to these entry conditions, the relationship between the organiser, the entrant and the social networks “Instagram”, “Flickr”, ”Twitter” and “Weibo” is governed by the conditions of participation and data protection rules of the social networks, which can be viewed here:
    Instagram: www.instagram.com/about/legal/terms/
    Flickr: www.info.yahoo.com/legal/
    Twitter: www.twitter.com/tos
  2. The entrants cannot assert any claims against the above-mentioned social networks in connection with the use of the Porsche contest application (Porsche 911 photo contest) or participation in the contest.
  3. The entrants acknowledge that both the contest application under the URL: 50years.porsche.com and the contest are in no way sponsored, promoted or organised by the specified social networks or have any connection with the networks.
  4. All enquiries and information relating to the contest should be sent to the organiser by e-mailing 911@porsche.com and not to the social networks.