Status: 3 January 2024
Personio SE & Co. KG, Seidlstraße 3, 80335 Munich, Germany (hereinafter referred to as "Personio") will run a variety of competitions in the Personio Community (hereinafter referred to as "Competition"). Participation in the competitions and its implementation are governed by the following provisions (hereinafter referred to as the "General Competition Terms and Conditions").
Details of the terms and conditions and the course of the individual competitions (such as the duration of the competition, possible prizes, actions to be taken by the participants, etc.) can be found in the information provided to participants on the Personio Community website (https://community.personio.com/) as part of the respective competition (hereinafter referred to as "Specific Competition Terms and Conditions"). The Specific Competition Terms and Conditions take precedence over these General Competition Terms and Conditions.
By entering in the Competition, the entrants accept the General Competition Terms and Conditions and the Specific Competition Terms and Conditions. The personal terms used (such as "entrants") are not gender-specific.
1. Participation in the Competition
1.1 Entry in the Competition is free of charge.
1.2 In order to participate, the entrant must be registered with a user account on the Personio Community website.
1.3 Persons who are 18 years of age or older and reside in Europe are eligible to enter the Competition.
1.4 Employees of Personio as well as employees of the cooperation partners commissioned by Personio with the creation and implementation of the Competition are excluded from entry.
1.5 Each participant may only take part in the competition once.
1.6 Personio reserves the right to exclude entrants who use multiple e-mail addresses to increase their chances of winning, who technically manipulate the Competition or the course of the game, who use unauthorised aids or who otherwise violate these General Competition Terms and Conditions of participation or the law, at any time and without prior notice from participating in the Competition, taking into account the criteria of reasonableness.
Personio will make exclusion decisions to a reasonable extent and on the basis of factual criteria and objective evidence. In the event of exclusion, prizes may also be subsequently withdrawn or prizes already delivered may be reclaimed.
1.7 There is no entitlement to participate in the competition.
2. Execution and handling of the Competition
2.1 The detailed conditions of participation and the procedure for the individual competitions can be found in the respective Specific Competition Terms and
Conditions. Unless otherwise specified in the Specific Competition Terms and Conditions, the following provisions apply.
2.2 The participant declares his/her participation in the competition by writing a comment in the comment field on the Personio Community website.
2.3 Comments, replies, posts or other contributions made before the start or after the end of the competition will not be taken into account. The time of receipt of the respective entry by Personio is decisive. Neither Personio nor any of its partners involved in the creation and implementation of the Competition are responsible for any delays in the submission or transmission of the answer and entrant data.
2.4 The winners will be selected at random.
2.5 At the end of the competition, the winners will be notified by email to the email address provided when registering for the Personio Community and asked to confirm and provide a postal address for sending the prize. If the winner's e-mail address has changed after registering for the Personio Community and the winner has informed Personio of this change, notification will be sent to this e-mail address.
2.6 Entrants are responsible for the accuracy of the email address provided. If winners cannot be notified due to incomplete or incorrect contact details, the claim to the prize will lapse.
2.7 If the winner does not confirm acceptance of the prize within 2 weeks after sending the notification, the prize will be forfeited. In this case, a new winner will be chosen at random.
2.8 Personio will publish the names of the winners on the Community website. The winners can object to this at any time.
2.9 The non-cash prizes will be sent by Personio or a third party commissioned by Personio by post, parcel service or forwarding agent to the postal address provided by the winner. Delivery can take six to eight weeks. The delivery is free of charge once within Europe. Any additional transport costs, costs for a replacement delivery or customs duties shall be borne by the winner. The place of performance remains the registered office of Personio, despite the assumption of the shipping costs.
2.10 The claim to the prize will be forfeited if the prize cannot be sent within eight weeks after acceptance of the prize and the reason for this lies in the person of the winner.
2.11 The prizes shown as part of the Competition description may differ from the items or services presented to the winners, provided that they are equivalent in terms of the prizes described from the point of view of an average participant. According to this provision, there may be deviations with regard to model, colour or the like.
2.12 If the prize shown in the Competition description cannot be supplied or can only be supplied under unreasonable circumstances (e.g. the prize originally intended is no longer available), the winner will receive a replacement of equal value.
2.13 Payment of the prize or any substitute prize in cash or in kind as well as their exchange is not possible.
2.14 The claim to the prize or prize substitute cannot be assigned.
3. Responsibilities of the entrants
3.1 Entrants must ensure that they have the necessary rights of use to the content uploaded, entered or otherwise communicated by them as part of the competition, as well as information such as photos, graphics, videos, texts, comments or information on places and persons (hereinafter referred to as "content") and that their use does not violate legal regulations, common decency or the rights of third parties.
3.2 In particular, if other persons besides the participants can be recognised in photos or videos, their submission is only permitted if the consent of the third party or parties has been obtained and the personal and data protection rights of third parties are not violated.
3.3 Personio is not responsible for the behaviour and content published by the participants as part of the competition and does not adopt it as its own. Furthermore, Personio is not obliged to check such content, but reserves the right to cancel its publication if there are concrete indications that the content violates legal requirements, official prohibitions, third-party rights or public decency.
3.4 To the extent that Personio is held liable for unlawful content or violations of the law or these General Competition Terms and Conditions for which one or more participants are responsible, the participants concerned shall, to the extent of their responsibility, indemnify Personio upon first demand against the claims and assist Personio in defending against the claims. The indemnification includes the necessary legal costs.
4. Premature termination and temporal extension of the Competition
4.1 Personio reserves the right to terminate the Competition prematurely or extend its duration at any time without prior notice and without giving reasons.
4.2 Personio will in particular make use of the possibility of an early termination if for technical or legal reasons a proper execution of the Competition cannot be guaranteed.
4.3 If such a termination is caused by the behaviour of a participant, Personio may claim compensation from this person for the damage incurred.
5. Liability
5.1 Personio shall be released from all obligations upon delivery of the prize, unless an earlier date is specified in these rules.
5.2 The prizes of the Competition may be provided by a partner (hereinafter referred to as "Sponsor"). Personio shall not be liable - subject to its own fault as set out in these liability provisions - for any items or services won that are provided by a sponsor and not by Personio itself. The warranty and guarantee conditions of the respective sponsor apply, provided that these do not restrict the participants and can be transferred by Personio to the participants. Claims for possible material defects and defects of title in the prizes provided by the sponsors are to be made exclusively against them.
5.3 Personio is not liable for the insolvency of a sponsor and the consequences resulting from the implementation of the Competition.
5.4 Personio is only liable for damages if the damage is due to intent or gross negligence. In addition, Personio is liable for the breach of a cardinal obligation due to simple negligence only. Cardinal obligations are those, the fulfilment of which enables the
proper performance of the Competition and the achievement of the purpose of the contract in the first place and on the compliance with which a participant may regularly rely. In this case, however, Personio shall only be liable for the foreseeable, contract-typical damage. Personio shall not be liable for the slightly negligent breach of the obligations mentioned in the above sentences by others.
As far as the liability of Personio is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of Personio. In case of grossly negligent breach of duty by vicarious agents of Personio, the aforementioned limitations for slightly negligent breach of essential duties apply accordingly.
The above limitations of liability do not apply in case of injury to life, body and health. Liability under the Product Liability Act remains unaffected.
6. Data protection
6.1 Personio collects, processes, uses and stores the personal data provided by the participants for the purpose of carrying out and processing the Competition in accordance with the statutory provisions and within the scope of the consent granted by the participants in each case. Personio is entitled for this purpose to transmit the winner's data to transport companies, cooperation partners, sponsors and cooperation partners of the sponsors (e.g. for the delivery of the prize). Neither Personio nor third parties will use the entrant's personal data for any other purpose without the entrant's express consent.
6.2 Information on the processing of personal data in the context of participation in Competition can be found in Personio's privacy policy.
6.3 Each participant is free to revoke his/her declaration of participation at any time and hereby object to the use of his/her data within the scope of the sweepstake. For this purpose, the participant shall notify Personio of his/her revocation by e-mail at the following e-mail address: community@personio.de.
6.4 If participants register for the first time on the Personio Community website as part of the competition, the terms and conditions of use, including the Privacy Notice, stated in connection with the registration shall apply with regard to the use of personal data.
7. Other
7.1 Personio reserves the right to change these General Competition Terms and Conditions at any time without notice.
7.2 If any provision of these General Competition Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall not be affected.
7.3 The law of the Federal Republic of Germany shall apply to the Competition, the General Competition Terms and Conditions and the Specific Competition Terms and Conditions.