Daimler AG, Mercedesstrasse 137, 70327 Stuttgart (hereinafter referred to as "the organiser") is organising the "smart electric drive Carsino" competition (hereinafter referred to as "the competition") described in detail below, which it is to stage in Germany, Belgium, Spain and the Netherlands (hereinafter referred to jointly as "the competition countries" and individually as a "competition country"). Participants have a chance of winning a "smart fortwo electric drive" in the competition (cf. details in Section 4). Participation in the competition is subject to the following entry conditions:
§1 Summary of the competition procedure
(1) A fundamental requirement for participation in the competition (cf. Section 2 regarding the other requirements) is that the eligible participant or participants in the competition (hereinafter referred to as "the participant" or jointly as "the participants") must each be the owner of a car registered at their place of residence (hereinafter referred to as "the participant's car").
(2) The competition entails a two-stage procedure: In stage 1 (hereinafter also referred to as the "selection procedure") a jury (hereinafter referred to as "the jury") comprising six (6) persons appointed by the organiser shall select one (1) person from each of the competition countries Germany and Spain who are to take part in stage 2 of the competition together with one further person from Belgium ("the Belgian participant") and one further person from the Netherlands ("the Dutch participant"“). For legal reasons, the selection of the Belgian participant and the Dutch participant (this can also be employees of the organiser or the company group of the organiser) is undertaken by the organiser at its own discretion. The selection of the organiser is final.
Stage 2 shall take the form of a game show event in which the two persons from Germany and Spain who have been selected by the jury in the selection procedure (hereinafter referred to as "winners of the selection procedure"), the Belgian participant and the Dutch participant shall play a dice game (hereinafter referred to as "the dice game") for a "smart fortwo electric drive".
(3) The dice game shall be played with dice consisting of the participants' scrapped and compacted cars, whereby each of the two winners of the selection procedure shall play with the dice produced from their own respective car. The Belgian and the Dutch participant shall each play with a dice produced from a car made available for this purpose by the organiser and duly processed into a dice form.
A more detailed description of the game show and the rules of the game is provided in Section 4 (3).
(4) The two winners of the selection procedure shall receive a purchase price for their cars corresponding to the value of the respective participant's car plus 5%. The value of the respective participant's car shall be determined by DEKRA or another comparable independent and recognised appraiser. The two winners of the selection procedure shall additionally acquire the right to conclude a lease agreement with the organiser for a lease car of the "smart" brand (cf. Section 3 for details). In the dice game the two winners of the selection procedure will additionally be able to win a "smart fortwo electric drive" (cf. Section 4 for details).
§2 Eligibility for stage 1
(1) Stage 1 of the competition, i.e. the selection procedure in Germany and Spain, will take place on the website www.smart.com/carsino in the period from 23.06.2017 to 14.07.2017. The closing date for entries is 14.07.2017 (12 o'clock midnight CET = Central European Time).
(2) Persons who, at the time of submitting the registration form (cf. sub-section 4 below) (a) are at least 18 years of age, (b) are resident in Germany or Spain, (c) hold a valid driving licence and (d) own a car which is registered at their place of residence shall be eligible for stage 1 of the competition.
(3) Employees of the organiser and/or their dependants and employees of the agency BBDO Berlin GmbH, Friedrichstrasse 200, 10117 Berlin, which is involved in the competition (hereinafter referred to as "agency") and their dependants shall not be eligible to take part in the selection process.
(4) In order to take part in the selection procedure, a participant must furthermore
- complete the registration form on the website www.smart.com/carsino truthfully and in full,
- accept these entry conditions,
- upload a photograph showing them with their participant's car (hereinafter referred to as "the participant's photograph") and an application text,
- and submit the registration form.
- The participant must subsequently present a copy of their valid identification document, a copy of the vehicle ownership document and a copy of the vehicle registration document for the participant's car. These documents will be requested by email in the course of the selection process.
(5) A further prerequisite for participation in the selection procedure is that at the time of submitting the registration form (cf. sub-section 4), the participant's car concerned must be (a) in the participant's sole ownership and (b) must have been registered in the participant's name for at least two years and must still be registered in the participant's name.
(6) The organiser shall be entitled to require the participant to produce (further) appropriate proof that the conditions stated in this section are met. If the participant does not provide the proof required by the organiser or fails to do so within the deadline stipulated by the organiser, the organiser shall be entitled to exclude the participant from the competition.
(7) The organiser expressly reserves the right to exclude from the competition participants who provide incomplete or untrue information.
§3 The selection procedure (stage 1 of the competition) in detail
(1) In the course of the selection procedure, the jury shall select from the participants from each of the two competition countries Germany and Spain respectively one person who shall be permitted to take part in the 2nd stage of the competition.
(2) The persons who are to be permitted to take part in the 2nd stage of the competition (i.e. the winners of the selection procedure) shall be selected at the jury's discretion. We are looking for the most creative contribution and the most informative photo. The jury's decision shall be final. The two winners of the selection procedure shall be notified by email.
(3) In order to participate in the 2nd stage of the competition, the respective winner of the selection procedure must confirm their participation in the 2nd stage of the competition in writing (email shall be sufficient) within two (2) days after entry into the notification, specified in sub-section 2, with a written declaration (email is sufficient).
(4) If a winner of the selection procedure fails to confirm their participation in the2nd stage of the competition in writing within the deadline stated in sub-section 3 or makes their participation subject to conditions, they shall be eliminated from the competition. In this case, the jury shall, at its own discretion, select another participant ("the replacement participant") for participation in the 2nd stage of the competition from the competition country from which the eliminated winner of the selection procedure originates. The latter provision shall also apply if a winner of the selection procedure or a replacement participant is excluded from the further course of the competition due to a breach of the entry conditions or if they are unable to take part in the 2nd stage of the competition due to illness, for example. Sub-sections 1 to 3 above shall apply accordingly to the replacement participant. In the event that a replacement participant also fails to provide written confirmation of their participation in the 2nd stage of the competition in accordance with sub-section 3, the procedure for selecting replacement participants as stipulated in this sub-section shall be repeated until a total of two persons have confirmed that they will participate in the 2nd stage of the competition.
(5) The two persons who have confirmed their participation in the 2nd stage of the competition within the stipulated deadline (hereinafter referred to as "the finalists") shall sell and assign their participant's car to the organiser, in return for which they shall receive a purchase price corresponding to the vehicle's value as assessed by an appraiser appointed by the organiser plus 5% with the total payment (value of the vehicle plus additional payment) not exceeding a maximum of €5000. The terms and conditions of sale shall be set out in a separate contract. The value of the respective participant's car shall be determined by DEKRA or another comparable independent and recognised appraiser. The finalists shall also receive a free flight from their place of residence to the venue of the game show event and back, plus free accommodation for up to two nights at a hotel selected by the organiser (including breakfast, but excluding telephone and minibar charges and other services) at the event venue.
(6) Upon timely confirmation of participation in the 2nd stage of the competition, ownership of the finalists' participants' cars shall pass to the organiser. Handover of the participants' cars and the vehicle ownership documents to the organiser shall take place within two (2) days after 14.07.2017. Details of the vehicle handover procedure will be agreed in the purchase contract. In the event that a finalist fails to hand over their participant's car and the vehicle ownership document by the specified deadline, the organiser shall be entitled to exclude the finalist concerned from the competition and to select a replacement participant to take part in the 2nd stage of the competition. The organiser undertakes to de-register forthwith the participants' cars which have passed into its ownership and to have them scrapped. The costs of scrapping shall be borne by the organiser.
(7) Each of the two finalists will receive a loan vehicle from the organiser which they may use up to the date of the game show event, and which they must return to the organiser by no later than the day of the game show event. The terms and conditions pertaining to loan of the vehicles shall be set out in a separate contract.
(8) On confirming their participation in the 2nd stage of the competition, each of the two finalists undertakes to make themselves available to the organiser at their respective places of residence on two days, the dates of which are to be agreed with the organiser, in the run-up to the show event for the purposes of shooting films and photographs. Each of the finalists further consents to film footage and photographs being taken of them in connection with and during the game show event.
§4 The procedure for the dice game (stage 2 of the competition) in detail
(1) The Belgian participant and the Dutch participant shall compete with one another in the dice game at the game show event on 9 or 10/09/2017 in Germany (the location will be publicised on the www.smart.com/carsino website in due course) playing for a "smart fortwo electric drive" (hereinafter referred to as "the prize"). The Belgian participant and the Dutch participant shall each form a team for this purpose together with a representative (hereinafter referred to as "marketer representative") of the company, who markets the competition in the country concerned (e.g. a radio or TV channel). Each of the two teams shall play the dice game with the dice produced from the car which the organiser has made available for this purpose. Each of the two finalists shall play the dice game with their own former car.
(2) The exact scope of equipment and appointments for the "smart fortwo electric drive" prize car shall be defined by the organiser. Any expenses incurred for taxation of the win will be borne by the organiser. Prior to the game show event, the participants' cars of the two finalists shall be scrapped by the organiser and processed into dice.
(3) Dice game preliminary round: The four (4) participants in the dice game - i.e. the Belgian participant (together with their marketer representative) (jointly referred to as "participant 1"), the Dutch participant (together with their marketer representative) (jointly referred to as "participant 2") and the two winners of the selection procedure ("participant 3" = Spanish participant and "participant 4" = German participant) - shall each play the dice game once, one after the other (sequence of the dice game: participant 1, participant 2, participant 3, participant 4). Subsequently, the four (4) participants of the dice game each play the dice game again, one after the other, in the same sequence. The two participants to gather the highest total number of pips with their two plays of the dice game compete against one another as the winners of this dice game preliminary round in the dice game final. If, due to the same number of pips, only one or no winner of the preliminary round is determined, those participants with the same total number of pips will play the dice game a third time, one after another. If a dice game finalist is already determined before the third throw, then the participant that gets the highest number of pips in the third throw is the second dice game finalist. If there are the same number of pips in the third throw, an estimation question regarding the topic of "smart electric drive" posed to the participants with the same number of pips and secretly answered is decisive. The participant whose answer is closest to the correct result is then the second dice game finalist.
In the event that three or all participants have previously thrown the same total number of pips in the two first throws, then the two participants who throw the highest number of pips in the third throw are the two dice game finalists. If because there are the same number of pips in the third throw two dice game finalists cannot be determined in this case, an estimation question regarding the topic of "smart electric drive" posed to the participants with the same number of pips and secretly answered is decisive. The two participants whose answers are closest to the correct result are then the two dice game finalists.
Dice game final: there is only one throw in the dice game final. The dice game finalist who throws the highest number of pips is the winner. In the event of the same number of pips, an estimation question on the topic of "smart electric drive" is put to the two dice game finalists simultaneously and answered secretly. The participant with the answer closest to the correct result is the winner.
(4) Upon one of the two participants from Germany or Spain winning the dice game, the winner of the dice game shall acquire ownership of the prize. If the Belgian participant or the Dutch participant wins, a charity organisation to be determined by the organiser shall acquire ownership of the prize.
(5) It will not be possible to have the value of the prize paid out in cash, to assign the prize or to exchange the prize.
§5 Duties of forbearance and rights of use
(1) For the duration of their participation in the competition, the participants undertake to refrain from making any comments or carrying out any other actions which might be detrimental to the reputation and/or image of the "smart" brand and/or the organiser. The organiser's right to take action against any unlawful comments/actions by a participant after the end of the participation in the competition shall remain unaffected.
(2) The finalists grant the organiser the following rights of use free of charge regarding the participant's photograph and the film footage and photographs produced pursuant to Section 3 (9) (hereinafter jointly referred to as "the pictures"):
The right, free of any geographic restrictions, to use the pictures and/or details/sequences thereof to produce promotional materials of any kind (e.g. printed promotional materials e.g. printed advertisements, catalogues, posters, flyers, etc., online promotional materials, audiovisual spots, etc.) for the purposes of promoting the competition and vehicles of the "smart" brand and to exploit, either directly or via third parties, the promotional materials produced using the pictures and/or details/sequences thereof in any form or manner (for example via duplication and dissemination, public presentation, including a broadcast, for example, by rendering such materials accessible to the public, e.g. on the internet, public presentation, e.g. in cinemas, at trade fairs, at points of sale). The above rights shall be granted to the organiser free of any time restrictions.
The finalists shall further grant the agency the right for an indefinite period to enter the promotional materials produced using the pictures and/or details/sequences thereof in creative competitions and/or to make such materials publicly accessible on the agency's website in order to present the campaigns in which it has been involved.
In exercising the above-described rights of use, the organiser and the agency shall also be entitled to use and publish the finalists' names and places of residence.
§6 Data protection
The organiser undertakes to observe the legal provisions on data protection. Where a participant does not expressly consent to more extensive use of their personal data, the organiser shall collect, process and use the personal data of the persons participating in the competition only for the purposes of staging the competition. The data will not be passed on to third parties.
The participant consents to the organiser contacting him or her via the email address specified by the participant in the course of the registration process, in order to inform the participant about the further course of their participation in the competition and to clarify organisational matters in this connection (e.g. by forwarding an email confirming the participant's participation after completion of the registration form; by notification that the participant has won or lost in the selection procedure and – where the participant has won in the selection procedure - by forwarding an email requesting the participant to confirm that they wish to participate as a finalist in the 2nd
stage of the competition).
(1) The organiser reserves the right to exclude in any phase and/or stage of the competition any participants who breach these entry conditions.
(2) For each participant, the entry conditions shall be subject to the law of the country in which their place of residence is located.
(3) Should any individual entry conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a corresponding legal provision.
(4) All decisions shall be final.