Conditions of participation for the
KWS employee OSR photo competition
1. Subject of the conditions of participation
These Terms and Conditions of Participation regulate the course of KWS' internal photo contest (hereinafter referred to as the "Photo Contest") and the awarding of prizes within the scope of the Photo Contest.
2. Eligibility
2.1 All employees of KWS Saat SE & Co KGaA and employees of companies affiliated with KWS Saat SE & Co KGaA ("hereinafter KWS") are eligible to participate.
2.2 All natural persons of full age and unrestricted legal capacity are eligible to participate.
3. Participation
3.1 Participation in the photo contest shall be possible exclusively via Internet, via KWS website under the domain https://www.kws.com/corp/en/products/oilseed-rape/rapeseed-photocontest-2023/.
3.2 To participate in the Photo Contest, the Eligible Person goes to the Website under the domain "https://www.kws.com/corp/en/products/oilseed-rape/rapeseed-photocontest-2023/". After successfully uploading the media content ("shot(s)"), he/she enters his/her full contact details in the contact form provided.
The media content must fit into one of the three categories of the photo contest and be selected from the drop-down list in the submission form. The categories of the photo contest are:
- Selfie (self-shot of participant with Oilseed rape in foreground or background).
- Photo footage of Oilseed rape
- Video footage of Oilseed rape
Then the participating person sends the contact form with the uploaded shots online by no later than May 31, 2023 (24:00) ("closing date") to KWS SAAT SE & Co. KGaA. The electronically recorded note of receipt at KWS is decisive for the timeliness of the submission. If these requirements are all met, the eligible person shall participate in the photo contest ("Participant").
3.3 Each Participant may participate more than once in the Photo Contest and in the various categories of the Photo Contest. Each Participant may only win one (1) prize from all three participation categories.
3.4 Participation in the photo contest is free of charge. The purchase of products and/or services from KWS or the type of employment relationship shall not affect the outcome of the photo contest.
3.5 The winners shall be determined by jury decision from the entries that meet all requirements pursuant to Section 3.2 within 14 days after the closing date for entries.
3.6 Any violation of these Conditions of Participation shall entitle KWS to exclude the participant from participation - even retrospectively. This shall apply in particular if the participant provides false information or if the submitted photos/videos infringe the rights of third parties or otherwise contain illegal or immoral content. If the excluded participant is a selected winner, the prize can be subsequently revoked.
4. Granting of rights of use
The participant grants KWS the spatially and temporally unrestricted, transferable and sublicensable right within KWS and its affiliated companies to use submitted videos and photos for advertising purposes in print products, online media (in particular websites) and social media channels of all kinds. This includes, but is not limited to, the right to reproduce, distribute, make publicly available, edit (e.g., trim, recut, etc.), and also deal with the edited videos and photos in this manner. The participant will not receive any remuneration for such uses.
5. Prizes
5.1 KWS offers three prize bundles per participation category within the scope of the photo competition:
- Selfie (self-photograph of the participating person with Oilseed rape in the foreground or background): a bottle of KWS rapeseed oil (250 ml), KWS wooden board, KWS notebook brand
- Photo of Oilseed rape: a bottle of KWS rapeseed oil (250 ml), KWS wooden board, KWS notebook brand
- Video material of Oilseed rape: a bottle of KWS rapeseed oil (250 ml), KWS Bluetooth Speaker
5.2 There is no claim to identity between the prize listed in these Conditions of Participation and the prize actually won. KWS reserves the right, if necessary, to replace the prize with a prize of equal or greater value to the item presented as the prize.
5.3 A winner's claim to his/her prize is not transferable to another natural person or legal entity. Payment of the value of a prize to a participant, another person or company is excluded, as is the exchange of a prize.
5.4 Prizes will be awarded via evaluation by a jury (BU Cereals Marketing Team). Participation in the photo contest is only possible if the submission is made within the participation period.
6. Notification and delivery of the prizes
6.1 After the winners of the prizes have been determined, they will be notified by e-mail. The handover of the prizes will be coordinated individually with the respective winner.
6.2 KWS shall be released from its obligation to perform once the prize has been handed over to the respective winner.
7. Liability
7.1 Unless otherwise stipulated in the following provisions, KWS shall be liable for damages incurred in connection with the implementation of the photo contest and/or as a result of winning the photo contest in accordance with the statutory provisions.
7.2 KWS shall be liable for damages - irrespective of the legal grounds - within the scope of fault-based liability in the event of intent and gross negligence. In the event of simple negligence, KWS shall be liable, subject to a more lenient standard of liability according to statutory provisions, only for damages resulting from injury to life, body or health, and for damages resulting from a not insignificant breach of a material contractual obligation, i.e. an obligation the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contracting party regularly relies and may rely. However, KWS' liability for damages resulting from the not insignificant breach of an essential contractual obligation shall be limited to the compensation of the foreseeable, typically occurring damage.
7.3 KWS shall be released from all obligations upon handover / delivery of the prizes. In particular, KWS shall not be liable for defects of the prizes. Any claims of the participant relating to the prizes shall be addressed exclusively to KWS.
7.4 The participant shall indemnify KWS against all claims of third parties which the latter assert on the grounds that the use by KWS of the recordings submitted by the participant infringes their rights.
8. Data protection
For questions regarding data protection, please refer to the data protection information for the implementation of the photo competition.
9. Premature termination of the photo contest
KWS reserves the right to cancel or terminate the photo contest at any time without prior notice. KWS shall make use of this option in particular if proper execution of the photo contest cannot be guaranteed for technical reasons (e.g. viruses in computer systems, manipulation or errors in the hardware/software) or for legal reasons. KWS also reserves the right to assert all rights, in particular to claim damages from participants whose conduct - whether technical or legal - has caused the premature termination of the photo contest.
10. Miscellaneous
10.1 Legal recourse for disputes relating to the winner's choice is excluded.
10.2 These Terms and Conditions of Participation and the entire legal relationship between the participants and KWS shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the conflict of laws rules.
10.3 Should individual provisions of the Conditions of Participation be or become invalid, this shall not affect the validity of the remaining Conditions of Participation.