CONDITIONS OF PARTICIPATION – ["Manner Shopping Buddy"]

BEFORE ENTERING THE ABOVE CONTEST (THE "CONTEST"), YOU MUST READ THESE CONTEST RULES (THE "CONTEST RULES"). BY ENTERING THIS CONTEST, YOU ACCEPT THAT YOU ARE BOUND BY THE CONTEST RULES.

By participating in the Contest, the Contest Rules will be deemed to be a legally binding agreement between you and the Promoter (as defined below). In particular, by participating in this Contest, you agree that the Promoter may use the personal information you provide for activities related to the Contest (including promotional purposes for future contests should you be the winner).

Organizer: The organizer of the competition is the Designer Outlet Berlin, Alter Spandauer Weg 1, 14641 Wustermark (the "Organizer").

Dates: The Action Area starts on 28 July 2022 at 00:01 (Central European Time) and ends on 31 July 2022 at 23:59 (Central European Time). The raffle will be one-time. The winner will be determined after the end of the Promotional Period on August 01, 2022 (the "Draw Day").

The prize (A Manner Goodie-Bag) will be handed over after successful contact with the winner. 

1. Eligibility: Participants must be a natural person and be resident in eligible countries at the time of participation. The following are not eligible:

• employees or immediate family members of an employee of the Promoter or its advertising partners, their affiliates, agents, affiliates or subsidiaries, as well as any person otherwise associated with the administration of the Sweepstakes;

• People who have already won a (different) competition organised by one of McArthurGlen Designer Outlets in the past 24 months.
  
  2. Age of majority: By entering the Contest, you confirm that you are either (a) 18 years of age or older, or (b) you are a minor and have received the consent of a parent or guardian to participate in the Contest.
  
  3. Participation: in order to participate in the competition, the participant must name a person in the comments of the Instagram post of designer outlet Berlin during the above period. All valid entries from the competition period will be considered once.
  
  4. Prerequisite for participation: participation does not require the purchase of goods or services at the Designer Outlet Center Berlin; such an acquisition will not increase your chances of winning. Participation is free of charge. Only fully and truthfully completed and timely submitted entry forms will participate in the competition. All entry forms must be completed in person and in your own name. Multiple participation is prohibited.
  
  5. Granting of rights: 

  (a) The participant hereby grants the organizer and its affiliated company the exclusive, temporally, spatially and content-unlimited right to use and exploit the published photo comprehensively, also with the aim of commercial marketing. The granting of rights expressly includes all known and unknown forms of offer possibilities on the Internet. In particular, the participant grants the organizer the following exclusive, temporally and territorially unlimited rights of use:

  (1) The right of reproduction, making available to the public and distributing, i.e. the right to reproduce the photo indefinitely and to make it publicly accessible or to reproduce it publicly, taking into account any technical possibilities, in particular through digital integration within the framework of the organizer's website;

  (2) the right of making available on demand, i.e. the right to store the photograph, to keep it available to the public, to transmit it to one or more callers, in all analogue or digital electronic databases, electronic data networks and networks of telecommunications services;

  (3) the right of communication to the public, i.e. the right to publicly reproduce the photograph commercially or non-commercially, in all formats, using all analogue and digital methods and techniques;

  (4) the right to edit, i.e. the right to redesign and edit the photo as desired, in compliance with the moral right, itself or by third parties, in particular for the purpose of integration into the website;

  (5) the advertising right, i.e. the right to use the photo for the promotion of the website of the organizer, also in any other media and outside the Internet, in particular on television and in print media.

  (b) The granting of rights also includes a partial use of the photo and a use in connection with other photos or works.

  (c) The participant grants the organizer the right to use the respective title of the photo as well as the name of the participant or author of the photo on the organizer's website and in the relevant advertising for the website with a view to the execution of this competition.
  
  6.  Guarantee of ownership of rights, indemnification of the organizer: 
  (a) The entrant warrants that he is the owner of the transferred rights to the photo and that he is able to effectively grant the rights to the organizer. The participant also guarantees that the photo is free of third-party rights that could conflict with the contractual granting of rights. Furthermore, the participant guarantees that the participant or the author of the photo will not take action against the publication of the photo by the organizer. The participant guarantees that no personal rights of third parties are violated by the use of the photo, in particular that persons depicted agree to the use of the photo in accordance with these conditions of participation.

  (b) The participant indemnifies the organizer from all claims of third parties, in particular from claims for copyright and personal rights violations, which should be raised against the organizer in connection with the exercise of the rights under these conditions of participation, upon first request. The participant must immediately inform the organizer of any impairments of the contractual rights that become known. The organizer is entitled to take appropriate measures to defend against claims of third parties or to pursue his rights. The participant's own measures must be agreed in advance with the organizer. The indemnification also includes the reimbursement of the costs incurred or incurred by the organizer as a result of legal prosecution/defense.

  
  7th Prize: The winner of the Sweepstakes will receive the following grand prize (the "Prize"):
  
  A Manner Goodie Bag

8. Odds: the odds depend on the number of valid entries received by the Promoter during the Promotional Period. 3 winners will be drawn. 
   
   Determination of the winners:

(a) Determination of Winnings — The prize will be determined from all valid entries. The Promoter will determine, in its sole discretion, whether participation is fully in accordance with these Contest Rules. 

(b) Notification of Winners — Each of the winners identified in the manner described above will be contacted directly and in compliance with the Privacy Policy via the relevant Instagram profile.

(c) Acceptance of The Prize — Each winner must confirm acceptance of the prize at the McArthurGlen Designer Outlet Center Berlin within 30 days of the draw date. The confirmation of acceptance can be made either in person at the Guest Services of the Designer Outlet Centre Berlin or in writing by e-mail to info@designeroutletberlin.de. In the event that a winner cannot be contacted, is not available or is otherwise prevented from accepting/confirming acceptance, the Promoter reserves the right to draw another winner from the valid entry forms. The Promoter will make reasonable efforts to contact the winner(s) within the specified acceptance period. It is the responsibility of the participants to check their junk/spam mail folder as well as their answering machine to see if they have received a notification regarding the competition.

(d) Identification — Each winner must present a valid proof of identity (identity card or passport) when accepting the prize.

(e) Advertising purposes — Each winner agrees to the collection and processing of their personal data, images and videos by the Promoter for the purpose of publication on the Promoter's website and/or for the purpose of disclosing the name and place of residence of the winners to third parties in connection with the Competition. Personal data includes the name, address and date of birth of the winners. Each winner can revoke his consent at any time informally to the organizer.

(f) Surrender of any legal claims — Each Winner may be required by the Promoter or the applicable Prize Sponsor, in its sole discretion, to sign a written statement in which the Winner waives any legal claims against the Promoter or the Prize Sponsor in connection with the Contest before the Prize is awarded to the Winner.

9. Taxes: the Promoter is responsible for reporting and paying all taxes, fees and charges, insurance premiums and handling fees, as well as any other costs incurred, for a prize.

10. Disclaimer: the Promoter makes no warranties and makes no representations of any kind with respect to the Contest, any prize or the (possibility of) participation of a (potential) entrant in the Contest, except as expressly set forth in these Contest Rules. The Promoter excludes any liability for participation in the Competition and is therefore not liable for any damages or other disadvantages resulting from participation in the Competition or the winning or benefit of any prize. This does not apply to damage to life, body and health as well as to damages based on intentional or grossly negligent injuries of the organizer, its price sponsors or its dealers as well as its legal representatives or vicarious agents as well as to liability under the Product Liability Act.

11. Surrender of any legal claims: by entering the Contest, you agree to indemnify and hold harmless the Promoter, its Prize Sponsors, McArthurGlen Designer Outlets dealers and their respective affiliates and employees from all claims on your part of any kind arising directly or indirectly from (a) participation in the Contest (b) the receipt, the use or misuse of the prize (c) typographical errors, typographical errors or other errors in any materials involved in the Contest or Contest, the announcement of the prize or in any other announcements, and (d) other errors in the Contest. This does not apply to damage to life, body and health as well as to damages based on intentional or grossly negligent injuries of the organizer, its price sponsors or its dealers as well as its legal representatives or vicarious agents as well as to liability under the Product Liability Act.

12. Trademarks: all displayed trademarks, copyrights and other images are the property of the Promoter or its licensors and are used under a written or implicit license. The use of third party materials (including such trademarks) does not imply any business relationship between these third parties and the Promoter or vice versa.

13. Changes: The Promoter reserves the right, at its sole discretion and without prior notice, to suspend or cancel the Contest or to change the Contest Rules at its sole discretion in the following situations: (a) in the event of an accident (b) if a typographical error, administrative or other error has occurred (c) if this is necessary for the proper conduct of the Contest. (d) if at any time there are indications of manipulation or other unforeseeable events that could affect the correct conduct of the Competition. The organizer will make this known on its website: www.designeroutletberlin.de. Should any provision of these Terms and Conditions be invalid or unenforceable, the remainder of such provision shall remain unaffected and fully in force.

14. General Provisions: Failure to comply with these Contest Rules may (in the sole discretion) of the Promoter result in exclusion from the Contest. German law applies to this competition and these competition rules. The Promoter is under no obligation to disclose any information relating to the Contest, including the number of entry forms received, the number of valid entry forms or other figures related to the Contest, except as required by law or expressly set forth in the Contest Rules. The Promoter shall not be liable to anyone (including Contestants) for any delays or errors in the execution of the Contest caused by circumstances beyond the Promoter's control, including (without limitation) internet performance problems, loss or incorrect delivery of information (including in entry forms); Failures or cases of force majeure. The Organizer reserves the right to exclude individual participants from the Competition if there is reason to suspect that the Competition Rules have been violated or the Competition has been manipulated by such participant. Disputes concerning the Game will be decided at the sole discretion of the Promoter, which decision shall be final and binding. Legal recourse is excluded.

15. Personal data: by filling in the entry form, each participant gives his consent to the processing of his personal data exclusively in relation to the competition in accordance with the privacy policy of the organizer. Further information on the processing of personal data and your rights can be found in the privacy policy of the organizer on its website: https://www.mcarthurglen.com/de/Datenschutz/