Terms and conditions
Legal information / Terms of Participation and Use / Data Protection to the special functionalities of the website www.tougher-than-life.com
A. Participation “Video Upload”
You may only participate in the competition “Indestructible Challenge” if you observe and accept these conditions of participation.
This competition is organised by VARTA Consumer Batteries GmbH & Co. KGaA (hereinafter referred to as "VARTA Consumer") in the following countries: European Union, UK, Norway, Turkey, Russia.
The closing date for uploading videos to www.tougher-than-life.com is 31.10.2020.
VARTA Consumer reserves the right to terminate or end the competition at any time without prior notice and without giving reasons. In particular, VARTA Consumer may exercise this option if the proper running of the competition cannot be continued on technical grounds (e.g. viruses in the computer system, hardware and/or software manipulation or errors) or on legal grounds. If termination of this kind is caused by the behaviour of a participant, VARTA Consumer reserves the right to claim damages against that person.
VARTA Consumer reserves the right to expand the competition to other countries. This expands the potential field of participants. There will however not be additional prizes for the extended competition.
II. Conditions of participation
Participation is open to any natural person of full legal capacity, aged 18 or over, in their own name, residing in the European Union, UK, Norway, Turkey, Russia.
Minors, employees of VARTA Consumer and its associated companies and their relatives are excluded from participation. Only one entry per participant is allowed. Participation in the competition by competition clubs or agencies is not allowed.
Videos uploaded directly may not exceed 1 Gigabyte (GB). Only the following file formats may be uploaded: MP4, MOV. VARTA Consumer reserves the right to exclude entries from the competition if they do not meet these requirements.
If the VARTA Indestructible PRO torch used when making the video is substantially damaged when carrying out or filming the participant's test idea, the participant may send it, free of charge, to VARTA Consumer Batteries GmbH & Co. KGaA, Alfred-Krupp-Straße 9, 73479 Ellwangen, to exchange it for a replacement VARTA Indestructible PRO torch of the same type.
This includes the following models:
- Indestructible F30 PRO – Model No. 18714
- Indestructible F20 PRO – Model No. 18711
- Indestructible F10 PRO – Model No. 18710
A condition for this exchange is that the participant must have uploaded a video they have made themselves to www.tougher-than-life.com by 31.10.2020. Only one damaged VARTA Indestructible PRO torch may be sent in per participant.
VARTA Consumer reserves the right to ban participants from the competition and to delete their video upload in case they violate these terms, enter untrue personal data or try to influence this competition by technical manipulation. In case of a ban the prizes can be withdrawn and reclaimed retroactively.
Participation is only possible within the period specified in Section I. In the unlikely event of a dispute, VARTA Consumer’s decision shall be final.
Participants can win the following prizes:
- 1st prize € 1,000
- 2nd prize € 500
- 3rd prize € 250
The contents of all videos submitted by the deadline will be checked by VARTA Consumer before they are narrowed down to three finalists at the sole discretion of a jury of marketing employees of VARTA Consumer.
VARTA Consumer reserves the right to edit videos with unsuitable content, or, especially in cases of illegal or grossly inappropriate content, delete and thereby exclude them from the competition.
Following the internal assessment (within 4 weeks), the three selected videos will be uploaded to the Facebook channels of VARTA Consumer or its affiliates. From the time of publication, all Facebook users can "like" the videos (or assign emoji reactions). The video with the most likes (or associated emoji reactions) within 14 days of publication wins. According to the number of votes received, there will be a 1st place, a 2nd place and a 3rd place.
The winners' names will be published within two weeks from the end of the voting on www.tougher –than-life.com and the VARTA Consumer Facebook account and on the corresponding national site, and they will be notified in person by e-mail. A bank account is required to pay out the prize. If the winner does not report to VARTA Consumer within 8 weeks, the right to a payout of the prize money will lapse and be forfeited. A new award of the prize will not take place.
The prize may not be exchanged or given to a third party.
IV. Rights to use videos
The participant agrees to the transfer of the unlimited user rights for VARTA Consumer to use, publish and duplicate the video submitted on the VARTA Consumer international website and the relevant national pages, the Social Media channels (including but not limited to Facebook and Instagram), at the point of sale (POS) in sales outlets and as part of internal and third-party presentations and product presentations, including in edited or modified form (e.g. with different music, in montage format, shortened). VARTA Consumer may also grant rights of use to affiliated companies of the VARTA AG Group and their business partners. The transfer of rights of use is free of charge.
The participant agrees, should he/she win, to the publication of his/her surname, forename and country of residence on the internet, on the www.tougher-than-life.com website, on the Social Media channels of VARTA Consumer or VARTA AG, and in a press release. A photo of the winner may also be published in the press release, if this has been agreed with the participant prior to the publication.
V. Liability of the participants
The participant gives assurance that all the necessary consent of third parties has been obtained in respect of the videos submitted (including any music clips used), and that no third-party rights have been violated; the participant will in particular inform all persons depicted in the submitted video about these conditions of participation and obtain their consent to the use of their picture. To this extent the participant indemnifies VARTA Consumer in full against all third-party claims based on the use of the videos submitted (and any music clips used), including the reasonable costs of legal defence and/or prosecution.
B. Participation in “Voting”
I. Prize draw as part of the voting
After the winner of the video challenge is announced, a total of 10 VARTA surprise packages will be raffled among all valid Facebook voting participants. The prizes will be described in more detail in the voting entry.
The winners will be drawn by lot and personally informed about the prize via Facebook Messenger. In this notification, the winners will be asked to provide their surname, first name, and address so that the prize can be sent.
If the winner does not reply within two days after sending the notification, the claim to the prize expires and will not be re-allocated.
The advertised prize will be sent to the winners within a period of four weeks after notification of the prize to the address provided. It is not possible to exchange or transfer the prizes to third parties.
I. Use of the meme generator
The user of the meme generator can upload images from his computer to the website tool and download them after creating the meme or share them via the integrated social media links on his social media profile.
No illegal or offensive content, e.g. sexual, racist or otherwise tasteless in nature, may be uploaded or shared. VARTA Consumer reserves the right to delete such content as it becomes known, and in this case has the right to prohibit further distribution by the user and to request the user to delete the meme created.
II. Rights to use images
The participant agrees to the transfer of the unlimited user rights for VARTA Consumer to use, publish and duplicate the images uploaded on the VARTA Consumer international website and the relevant national pages, the Social Media channels (including but not limited to Facebook and Instagram), at the point of sale (POS) in sales outlets and as part of internal and third-party presentations and product presentations, including in edited or modified form. VARTA Consumer may also grant rights of use to affiliated companies of the VARTA AG Group and their business partners. The transfer of rights of use is free of charge.
III. User liability
The user assures that all necessary third-party consent has been obtained for the uploaded image and that no third-party rights are being violated. In this respect, the participant indemnifies VARTA Consumer from all third party claims based on the use of the uploaded image, including the reasonable costs of legal defense and/or legal prosecution.
No claims for damages – insofar as permitted by law – may be made against VARTA Consumer in connection with the competition on any grounds whatsoever, unless VARTA Consumer is in breach of its legal obligations as a result of malicious intent or gross negligence. Furthermore, the exclusion of liability does not apply in the case of breaches of the product liability law or in the case of injuries to life, limb or health.
VARTA Consumer is not liable for damages arising from lack of availability of the competition website due to technical faults and instances of force majeure beyond its control, or due to attacks from third parties on the competition website. VARTA Consumer will make reasonable effort to ensure the availability and reliability of the competition website.
VARTA Consumer also does not make any guarantee or liability that the competition website will function properly on any individual participant's computer.
Each winner is responsible for any taxes payable due to the competition as required by local law and indemnifies VARTA Consumer in full against any third party claims.
E. Data Protection
VARTA Consumer Batteries GmbH & Co. KGaA, Alfred-Krupp-Str. 9, 73479 Ellwangen („VARTA Consumer“) is responsible for the processing of personal data on the website www.tougher-than-life.com and the above-mentioned functionalities, during the competitions and the voting.
The following data will be processed in the context of the competition and voting:
First name, last name, address and email address. These are required to uniquely identify the participant and to enable communication with the participant. By transferring the rights of use with the associated liability, a contract is created for the use of the uploaded content. The processing of the data thus serves to fulfill contractual obligations (Art. 6 Para. 1 lit. b) GDPR) and, if necessary, to defend VARTA Consumer against legal claims of third parties and to enforce legal claims against the participant.
The data will be used for the duration of the use of the uploaded videos or a prescribed legal defense or enforcement and then deleted, unless mandatory legal retention requirements stipulate that individual data should be kept for a longer period.
In addition to the personal data listed in the aforementioned lit. a) the respective bank details are requested from the three winners of the competition in order to fulfill the right to win (Art. 6 Para. 1 lit. b) GDPR).
The bank details will be deleted after payment has been made, unless mandatory legal retention requirements stipulate that individual data should be kept for a longer period.
Because of the general processing of data through the use of Facebook, in particular the "Like" function and other functions of Facebook, we refer to the separate data protection declaration on Facebook and the pages of VARTA Consumer or its affiliates on which the voting takes place.
Winners from voting:
First name, last name, address are required to deliver the prizes (Art. 6 Para. 1 lit. b) GDPR).
The data will only be stored for as long as it is required to ensure the proper transmission of the prize and will then be deleted, unless mandatory statutory retention requirements stipulate that individual data should be stored for a longer period.
Third parties commissioned to transmit the profits will receive the necessary data from us for their own fulfillment of the order. On request, we are happy to inform you about the respective service provider, who uses and stores the data on his own responsibility (as Controller).
The handling of the website will be done by Hald online, Ulmer Strasse 130, 73431 Aalen, on behalf of VARTA Consumer. The handling of the Facebook pages will be done by Pahnke Markenmacherei GmbH & Co. KG, Ludwigstraße 14, 20357 Hamburg on behalf of VARTA Consumer. All of the aforementioned processors will process personal data only in accordance with the written instructions of VARTA Consumer, and will not use the data for other purposes.
F. Severability Clause
Should any individual provision(s) of these terms of participation be invalid, or should an omission be found, this shall not affect the validity of the remaining provisions. The invalid or missing provision should be replaced by a provision that most closely approximates the purpose of the contract and the legal regulations.
VARTA Consumer Batteries GmbH & Co. KGaA, February 2020