Contest & Sweepstakes: General Terms and Conditions
Titus GmbH, Scheibenstraße 121, 48153 Münster, Owner: Julius Dittmann, Brigitta Dittmann, Carsten Schwering, Register court Münster, Westf, HRB 4949. VAT No. DE 812 243 129 (hereafter known as “Titus”), hosts contests on the titus-shop.com website. The participation in these contests and their guidelines are supported by the following terms and conditions and are to be fully acknowledged by all participants in the contest.
§ 1 Participants
(1) Valid contest participants are defined as any natural person 18 years or older with a permanent residence in the European Union. Individuals who are not yet 18 years of age may conditionally participate in the contest if not otherwise specified and with the consent of a full-aged legal guardian.
(2) In order to participate in the contest, all personal data and contact information provided by the participant must be truthfully disclosed and without error.
(3) Legally-bound companies and partners of Titus as well as Titus company employees, their relatives and persons living at their legal place of residence are not permitted to participate in the contest.
§ 2 Participation
(1) A participant participates in the contest by filling out all relevant forms and – as permitted within the framework of the contest – by answering all relevant questions and/or submitting all documents before the appointed deadline, as determined by Titus. An electronic submission will be counted when submitted according to electronic submission protocol and including a filled-out and complete submission form. Paper submissions will be counted after they have arrived in Titus’ company mailbox.
(2) Participation in the contest is entirely contingent on the truth and validity of all personal and contact data submitted to Titus. If information is found to be incorrect, an expulsion from the contest may follow in accordance with § 3. The participant is personally responsible for the validity of their personal data including their email and postal address.
(3) Participants may only participate under their own name and not in place of another person.
§ 3 Disqualification
(1) Titus reserves the right to disqualify active participants from the contest in the event of a violation of the general terms and conditions.
(2) Titus reserves the right to disqualify participants who attempt the manipulation of the participation process, the game itself and/or the winnings offered by Titus, particularly through the usage of any forbidden tools or aids or through the attempted usage of these tools. Additionally, Titus reserves the right to disqualify participants who attempt to in any way influence or otherwise manipulate the rules and game through disruptions, threats, the harassment of Titus employees or other contest participants and otherwise unfair behavior. The disqualification of these participants extends to future contests that have not yet taken place. Winnings already acquired by participants may be recalled or reclaimed by Titus at any time and as circumstances require.
(3) The submitting of incorrect or invalid personal data may lead to the disqualification of a participant from the contest.
§ 4 Protection of Privacy
(1) Titus is obligated to observe all legally binding data privacy terms.
(2) When participants decide to participate in a contest hosted by Titus, Titus requires the submitting of personal data and information, e.g. the participant’s first name, last name, birth date and postal address. This enables Titus to inform the participant in the event of their winning the contest as well as to confirm that the participants have only entered the contest once. All personal data acquired by Titus will be reviewed in accordance with the PRIVACY POLICY. Detailed information on data privacy in the context of contests and sweepstakes can be found in the privacy policy.
§ 5 Implementation and Processing of Contest Conditions
(1) Delivery conditions regarding delivery of the prize are to be determined by Titus. If the handover of the winnings is not possible under reasonable circumstances, winners will receive a prize of equal value.
(2) Contest winners will be informed per letter and their names may be published online on titus-shop.com. Winners confirm their consent to this form of publication. Titus reserves the right to convey the data of the winner to the prize sponsor in order to make delivery of the prize possible. If only the winner’s email is known to Titus, the winner will be informed per email.
(3) If the winner does not confirm their acceptance of the prize within four weeks after the notification of winning has been sent, the winner forfeits their claim to the prize and a new winner will be determined via lottery. The next winner selected via lottery and their claims to the prize are to be determined by Titus.
(4) Claims to the prize are forfeited if the handover of the prize does not take place within 6 months after the notification of winning has been sent and according to reasons determined by the winner. Prizes related to travelling or automobiles may also have shorter deadlines that are nonetheless valid.
(5) Each participant may win only once per contest. If multiple participants have selected the winning answer, a lottery will determine the winner.
(6) It is not obligatory that the object presented as the prize within the context of the contest be the exact same as the prize that is won. In fact, differences in model, color, etc. may very well occur. The prize sponsor may select a prize of an equivalent type or value to be presented.
(7) Prizes (not including cars and travels) will be sent by Titus, by the prize sponsor or by a delivery or package service selected by Titus or the prize sponsor to the postal address determined by the winner.
(8) The prize is delivered to the home address of the winner so long as the address is within the borders of the Federal Republic of Germany. All additional transport or customs costs must be carried by the winner.
(9) In the event of the delivery occurring via a forwarding agent, the forwarding agent will contact the winner to determine a delivery date. The delivery usually occurs Mondays through Fridays between 8:00 a.m. and 6:00 p.m. If the forwarding agent does not find the winner to be at home at the time of delivery, a message will be left for the winner. The winner must personally cover the costs of a new or revised delivery.
(10) Monetary winnings will be sent to the address indicated by the winner in the form of an account-only check. After delivery has taken place, Titus is thereafter exempt from the duty to perform. If payment is not successful due to reasons beyond Titus’ control, the winnings are then forfeited. No claims may be made against Titus.
Titus reserves the right to transfer the monetary winnings to the bank account of the winner. The winner must indicate their bank account details in order to accept the prize.
(11) If the winner receives an automobile or other vehicle as a prize, the winner will receive delivery information from the relevant vehicle dealer. If the vehicle is not collected before the predetermined deadline, the prize will be forfeited.
(12) If the winner receives a vacation, trip or other prize relating to travel, the process of claiming the prize will occur entirely between the winner and the prize sponsor and/or the travel agency selected by the sponsor. The prize sponsor and/or travel agency will contact the winner as soon as they receive all relevant data from Titus. If the date of travel is not predetermined within the context of the contest itself, the vacation or trip must occur on dates determined by the prize sponsor and/or travel agency. The winner has no right to determine the date of travel. If the winner is not available within the travel timeframe provided by the sponsor and/or travel agency, the prize may be forfeited. If the winner does claim the prize, the travel terms and conditions of the organizer apply.
The value of the trip as stated in the text describing the offer of reward may vary according to the time of travel and availability of services, seasonally variability and fluctuations in currency. Compensation in the value of these differences may not be claimed by the winner.
(13) The participant acknowledges that if they win, the accruement of additional costs and expenses that are not explicitly determined as being the prize or part of the prize will be borne by the winner. This includes costs such as the following:
- Cars, motorcycles and equivalent prizes: all costs that occur during collection as well as all costs that follow (taxes, fuel, repairs, insurance, etc.)
- Travel: transportation to the departure point and from the arrival point of the trip (flights, trains, etc.) as well as all personal costs (minibar, telephone, etc.) that occur during the trip.
(14) If the delivery of the prize is not possible under reasonable circumstances, the winner will receive an equivalent replacement.
The winner will also receive an equivalent replacement if the original prize is no longer available due to model changes, seasonal goods, etc.
(15) A cash payment is not possible.
(16) Winnings are not transferrable to third parties.
(17) Complaints regarding the contest may be filed within 14 days, must be handwritten and sent to Titus directly. Telephonic or late complaints will not be considered.
§ 6 Contest Termination
(1) The implementation of the contest and the selection of prizes is determined by Titus.
(2) Titus reserves the right to partially or completely end or terminate the contest at any time and without any warning or reason. This includes the termination of the contest due to technical difficulties (e.g. computer viruses or manipulations/errors in hardware) or due to legal reasons that may influence the administration, safety, integrity and/or regular processing of the lottery drawing system.
(3) If early termination of the contest is the result of the actions of a participant, Titus may claim compensation for damages.
§ 7 Liabilities
(1) Titus is free of all legal obligations as soon as the prize is collected by the winner or at an earlier point in time if explicitly determined by the rules of the contest.
(2) Titus is not responsible for material and quality defects on prizes donated by prize sponsors.
(3) Titus cannot be held accountable for the bankruptcy of the prize sponsor nor for the results the bankruptcy might have on the contest.
(4) Titus only takes responsibility for damages made by Titus, its vicarious agents or its employees. That includes damages that are either negligent or deliberate in nature and are in direct violation of cardinal duties. That does not include damages that occur through bodily injury, sickness or death.
The existing limitation of liability specifically refers to damages that occur due to mistakes, lateness or other disruptions during the transferring of data, disturbances to technical facilities and/or systems, false content, loss or deletion of data, viruses or other problems that can arise when participating in a contest or sweepstakes.
(5) Titus is not responsible for false information pertaining to the contest and spread by participants and/or third parties.
(6) No liabilities exist for the persons excluded by § 3.
(7) The announcement of a winner does not include a guarantee.
(8) Requests and claims regarding the collected prize must be filed with the prize sponsor directly.
(9) Titus is not responsible for valid changes in travel-related prizes, including the cancellation of the trip or vacation as announced by the travel agency or partner. No cash or monetary prize in the value of the travel prize may be paid to the winner instead.
§ 8 Rights of Usage
(1) If participation in the contest requires the sending of materials, every participant must confirm they are the sole owner and author of all materials they submit. Every participant gives Titus the unconditional and unrestricted right to use these materials. Titus reserves the right to transfer this right of usage to a third party. Every participant also gives Titus ownership of these materials. A transfer of ownership does not occur if the participant expressly and in written form states that they do not want the transfer to take place. This explanation must be provided within ten days after the contest has ended, i.e. ten days after the day upon which the winner was informed. After this deadline has passed, Titus has the right to destroy all materials received from participants. The participant guarantees that all transferred materials are submitted in accordance with third-party rights and do not include racist, defamatory, offensive or in any way illicit content, therefore removing Titus from all third-party charges and demands.
(2) Titus only takes responsibility for submitted materials that are deliberately or negligently influenced or changed by its employees or third parties.
§ 9 Closing Provisions
(1) Any recourse to courts of law is excluded.
(2) If individual provisions should be or become invalid, this shall not affect the validity of the remaining conditions of participation.
(3) These terms and conditions and the legal relationship between participants and Titus are subject to the laws of the Federal Republic of Germany.
(4) These terms and conditions may be updated or amended by Titus at any time and without notification.