ANDREAS STIHL AG & Co. KG
Tel.: +49 7151 26-0
Limited partnership with registered office in Waiblingen, HRA 260269, District Court Stuttgart
General partners: Hans Peter Stihl and STIHL Aktiengesellschaft with registered office in Waiblingen, HRB 263722, District Court Stuttgart
The Approved representative is the Executive Board of STIHL AG:
Chairman of the Supervisory Board of STIHL Aktiengesellschaft: Dr. Nikolas Stihl
VAT identification number: DE 147330096
The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/ . We are not obliged to participate in arbitration proceedings and unfortunately cannot offer participation in such proceedings.
ANDREAS STIHL AG & Co. KG (hereinafter “STIHL”) offers the participation in the prize draw to the participant exclusively in accordance with these terms and conditions; by participating in the prize draw the participant accepts the following terms and conditions.
1. The Organizer of the prize draw is ANDREAS STIHL AG & Co. KG, Badstraße 115, 71336 Waiblingen, Germany.
2. This prize draw has no connection with Instagram and is not sponsored, supported or organized by Instagram. Each participant shall indemnify Instagram against any claims that may be made against Instagram in connection with the conduct of the prize draw.
3. Any natural person who is at least 18 years old at the time of participation is entitled to participate in the prize draw. Each participant may participate in the prize draw only once. All persons and STIHL employees involved in the conception and implementation of the prize draw as well as their family members shall not be entitled to take part in the draw. In addition, STIHL reserves the right to exclude persons from participation in its own discretion, if there are justified reasons, and shall have no obligation to state the cause, in particular but not limited to the following: (a) in case of manipulation concerning the access to or the execution of the draw, (b) in case of violations of these terms & conditions, (c) in case of unfair conduct or (d) in case of false or misleading information in connection with participation in the prize draw. Participation via a service provider, in particular via a lottery entry services / lottery services, shall not be permissible. The same also applies to sweepstake clubs, automatic participation via sweepstake robots, deliberate misrepresentation and participation by using a so-called "disposable e-mail address" or a so-called "fake account". If necessary, prizes may subsequently also be withdrawn and reclaimed by STIHL in such cases.
4. The prize draw begins with its publication in the newsfeed of the official STIHL TIMBERSPORTS® account on Instagram at https://www.instagram.com/officialstihltimbersports/ and ends on Thursday, 15th December 2022, 23:59 CET. The winners will be determined between 16th and 19th December 2022.
5. Participation in the prize draw is free of charge and independent of the purchase of goods or services.
6. In order to participate in the prize draw, the participant must answer the question raised in the prize draw post at (LINK) in the comment section below at https://www.instagram.com/officialstihltimbersports/ within the prize draw period. The comment must relate to the content of the prize draw, must not be immoral or relevant under criminal law or in any other way violate applicable law or the intellectual property or personal rights of third parties.
7. The winner shall be determined after the closing date for entries in a random draw among all participants.
8. The prize will be one of two TIMBERSPORTS® Guide bars.
9. The prize shall not be negotiable or exchangeable. It is not possible to exchange, collect or cash out the prize or transfer the prize to any other person. STIHL is entitled to replace the prize with another equivalent prize.
10. The winners will be notified below their comments to the prize draw post in the newsfeed of the official STIHL TIMBERSPORTS® account on Instagram at https://www.instagram.com/officialstihltimbersports/ and must respond to the message they get no later than 21th December 2022, in order to receive the prize. If the winner does not respond within the aforementioned period, STIHL is entitled to determine another winner by random draw among the participants. The formalities of handing over the prize will be clarified individually with the winner. The prize will not be shipped to and delivered in the following countries: Russia, North Korea, Iran, Iraq, Syria, Yemen, DR Congo, Sudan, Mali. STIHL will bear any costs incurred in sending the prize. Any additional costs associated with claiming the prize shall be borne by the winner. The winner is responsible for any taxation of the prize.
11. If personal data of participants is collected, processed or used as part of the prize draw, it will be collected, processed and used by STIHL exclusively for the purpose conducting the prize draw. The legal basis for the processing of personal participant data therefore is Art. 6 para. 1 lit. b) and f) GDPR [General Data Protection Regulation]; the legitimate interest of STIHL within the meaning of Art. 6 para. 1 lit. f) GDPR results from the fact that the prize draw is conducted as part of the interaction with customers and interested parties and the fact that, from the point of view of the participants of the prize draw, the participation in the draw is voluntary.
12. The contact details of STIHL are as follows: ANDREAS STIHL AG & Co. KG, Badstraße 115, 71336 Waiblingen, Germany, e-mail: firstname.lastname@example.org. The contact details of the data protection officer of STIHL are as follows: ANDREAS STIHL AG & Co. KG, Data Protection Officer, Badstraße 115, D-71336 Waiblingen, e-mail: email@example.com.
13. Transmission of personal data to third parties: personal data of the winner collected in the context of the prize draw may be transmitted by STIHL to third parties for the purpose distributing the prize (e.g. the affiliated company of STIHL or the STIHL specialist dealer selected for the provision of the prize). The legal basis for this is Art. 6 para. 1 lit. f) GDPR, whereby the legitimate interest results from the fact that the prize is handed out in favor of the participant selected for a prize. Otherwise, personal data will only be transmitted by STIHL if and to the extent that this is required by law, you have given your consent and/or there is a legal basis for legitimation in accordance with the relevant data protection provisions.
14. Personal data of participants collected, processed or used by STIHL in the course of the prize draw will be deleted by STIHL at the latest 3 months after the end of the draw or, in the case of the winner, at the latest 3 months after successful transmission of the prize, subject to existing longer statutory storage obligations. Within the scope of existing legal storage obligations, the corresponding data will initially be blocked for the duration of the legal storage obligation and will be deleted after expiry of the storage obligation.
15. Rights of data subjects: As a data subject, you have numerous rights at your disposal. These are in detail: 1.) The right to information, i.e. you have the right to obtain information about the data we have stored about you; 2.) The right to correction and deletion, i.e. you can demand the correction of incorrect data at any time and - insofar as the legal requirements are fulfilled - the completion or deletion of your data; if legal storage obligations prevent the deletion of data, their processing will be restricted (see below); 3.) The right to restriction of processing, i.e. you can demand from STIHL that STIHL restricts the processing of your personal data - insofar as the legal requirements are met -; 4.) The right to object to data processing on the legal basis of "legitimate interest", i.e. you have the right to object to data processing by STIHL at any time insofar as it is based on the legal basis of "legitimate interest". STIHL will then cease processing of your data, unless STIHL can prove - in accordance with the statutory provisions - that there are compelling grounds for further processing worthy of protection which outweigh your rights; 5.) The right to revoke your consent, i.e. if you have given your consent to the processing of your data, you can revoke it at any time with effect for the future. This does not affect the lawfulness of the processing of your data until revoked; 6.) The right of appeal to the supervisory authority, i.e. you can lodge a complaint with the competent supervisory authority, if you are of the opinion that the processing of your data violates applicable law. In order to do so, you can contact the responsible data protection authority at your place of residence or in your country or the data protection authority responsible for STIHL; 7.) The right to data transfer, i.e. the right to receive the data provided in a structured, common and machine-readable format and to have it transferred to another responsible person by STIHL; 8.) The right to receive a copy of your personal data stored and processed by us. In all these cases, please contact the STIHL data protection officer in writing or by e-mail - contact details see section 12 of these terms & conditions.
16. STIHL emphasizes that the provision of personal data of the participants during the prize draw is necessary for the execution of the draw as well as the distribution of the prize in case of a win. The non-availability of personal data and / or the assertion of cancellation, restriction and/or revocation and/or objection rights prior to the conclusion of the prize draw or, in the case of the winner, prior to the conclusion of the hand over of the prize, may therefore result in the exclusion of the respective participant from further participation in the prize draw and/or forfeiture of the prize already allocated to him. STIHL expressly reserves the right to change the conditions of participation at any time. STIHL is entitled to cancel or suspend the prize draw at any time without prior notice and without giving reasons, if:
b) technical problems on Instagram make this necessary, or
c) manipulations are detected or a proper execution of the prize draw is no longer ensured, in particular in the event of failure of hardware or software, program errors, computer viruses, unauthorized interventions by third parties as well as mechanical, technical or legal problems.
17. If such termination results from the behavior of a participant, STIHL shall be entitled to demand compensation from this person for the damage incurred.
18. STIHL expressly reserves the right to change the terms & conditions of the prize draw at any time. STIHL is entitled to cancel or suspend the prize draw at any time without prior notice and without giving reasons, if:
b) technical problems on Instagram make this necessary, or
c) manipulations are detected or a proper execution of the lottery is no longer ensured, in particular in the event of failure of hardware or software, program errors, computer viruses, unauthorized interventions by third parties as well as mechanical, technical or legal problems.
19. If such termination results out of the behavior of a participant, STIHL shall be entitled to demand compensation from this person for the damage incurred.
21. STIHL shall only be liable for damage caused intentionally or with gross negligence by itself, its legal representatives or vicarious agents, or by the violation of essential obligations within the scope of the prize draw (so-called cardinal obligations). Essential obligations are those whose fulfilment is necessary to achieve the objective of the prize draw. In these cases, liability is limited to the foreseeable, typically occurring damage. STIHL's liability for damage resulting from injury to life, body or health shall remain unaffected.
22. The prize draw is subject exclusively to the substantive law of the Federal Republic of Germany. Legal recourse in any courts of law shall be explicitly excluded. Questions or complaints in connection with the draw have to be addressed to STIHL. Contact details can be found in the imprint.
23. If a provision in these terms & conditions of participation is or becomes invalid in whole or in part, this shall not affect the validity of the remaining provisions of these terms & conditions. The invalid provision shall be replaced by the legally permissible provision which comes as close as possible to the economic meaning and purpose expressed in the invalid provision. The same shall apply mutatis mutandis in the event of a loophole in these terms & conditions of participation.
24. Since 15th February 2016, the EU Commission has created an Internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The participant can reach the OS platform under the following link: http://ec.europa.eu/consumers/odr/
25. STIHL does not undertake to participate in dispute resolution proceedings before a consumer arbitration body.