Win £500 Cashback for Your Project Photos

Requirements

By registering for the BRICOmmunity competition (hereinafter referred to as "competition" or "BRICOmmunity competition"), the user accepts the following terms and conditions of use.

These terms and conditions of use and participation govern the contractual relationship between the user and the operator of the BRICOmmunity, BRICOFLOR GmbH, Hochstraße 10, 42105 Wuppertal (hereinafter referred to as "BRICOFLOR").

The BRICOmmunity competition is aimed exclusively at BRICOFLOR customers who are of legal age and have legal capacity. The user can access, print, download and save these terms of use at any time by clicking on the ‘Terms of Use’ link in the BRICOmmunity.

1. General information

The BRICOmmunity competition offers users the opportunity to share their works created with products purchased from BRICOFLOR with BRICOFLOR and the BRICOFLOR community. There are various options available to the user. Among other things, images and films can be shared with BRICOFLOR.

By submitting image and video material of his/her project with a (highly visible) product purchased from BRICOFLOR, the customer qualifies to take part in a prize draw in which one customer will have the opportunity to win 500 pounds. The prize draw is subject to random selection by blind draw.

The use of the BRICOmmunity is authorised exclusively for the personal and private use of the user. By submitting image and/or video material to inspo@bricoflor.com or via the Instagram account @bricoflor.uk, the user expressly agrees to the following terms of use.

2. Participation in the BRICOmmunity competition

To take part in the BRICOmmunity competition, the customer must submit images and/or video footage of a project that he/she has realised with a product purchased from BRICOFLOR. Participation in the competition is free of charge.

2.1    Conditions for participation

a) Participation is only permitted to authorised persons of legal age with unrestricted legal capacity. Minors are strictly prohibited from registering; any registrations made in spite of this are invalid from the start and authorise BRICOFLOR to exclude the minor.

b) The prerequisite for participation in the competition is the submission of image and/or video material that presents a product purchased in the BRICOFLOR online shop in an appealing and representative manner: www.bricoflor.co.uk. Participation in the competition is not tied to a minimum order value. Every product category is eligible for participation in the competition. The purchase must not have been made more than 12 months

c) Possession of an order number confirming the purchase of the product from BRICOFLOR is a prerequisite for participation in the BRICOmmunity competition. When sending the image and/or video material via e-mail to inspo@bricoflor.com or via Instagram to @bricoflor.uk, the order number must be stated.

d) A prerequisite for participation in the competition is the submission of image and/or video material that fulfils the requirements of BRICOFLOR GmbH. The condition for participation in the competition is therefore image and/or video material

• which presents the product purchased from BRICOFLOR in an appealing manner and
• in which the product purchased from BRICOFLOR is presented in a clearly visible manner.

e) Image and/or video material that is defamatory, glorifies violence, contains false content, is insulting, offensive, threatening, harassing, blasphemous, sexually oriented, obscene, racist, violates personal rights, or is protected by copyright, patent or trademark law will be excluded from participation in the competition.

f) BRICOFLOR GmbH reserves the right to exclude image and/or video material from participation in the competition without giving reasons.

g) If all requirements for participation in the competition have been met and the submitted image and/or video material fulfils the requirements listed in the terms of use, the customer has the opportunity to win 500 pounds. The first competition will begin on 1 September 2023, from which date customers will have the opportunity to submit image and video material. The first draw for the winner will take place on 01.12.2023 at 12:00 noon.

1. Subject of the contract

There are various ways for participants in the BRICOmmunity competition to qualify to take part in the competition.

The user can record his/her project realised with the products purchased from BRICOFLOR in the form of image and/or video material, send this to BRICOFLOR GmbH by e-mail or via the official Instagram account of BRICOFLOR GmbH, stating the order number of the product purchased from BRICOFLOR, and thus qualify for participation in the competition, provided that all conditions for participation have been met (see 2.1 a) to g)).

3.1       Conditions

BRICOFLOR reserves the right to restrict or change the conditions of participation, deadlines and duration of the BRICOmmunity competition at any time, or to discontinue the competition altogether and to delete content without prior notice. The user is not entitled to the maintenance and constant availability of his/her project.

In particular, BRICOFLOR expressly reserves the right to restrict use, for example with regard to possible legal infringements, capacity limits, the security of the BRICOmmunity, the integrity of the servers or to implement technical measures in the interest of proper provision of the service. BRICOFLOR will indicate any foreseeable restrictions on the usability of the competition in advance on the BRICOmmunity platform or on the official Instagram account. Such notification is not required in the event of possible legal infringements.

A customer is only entitled to participate in the competition if he/she has purchased the product that was significantly used for the realisation of the project captured on the image and/or video material in the BRICOFLOR online shop. The user must provide the order number at the latest when sending the image and/or video material.

A customer who submits image and/or video material of a project that complies with the terms and conditions of the BRICOmmunity competition and does not violate the terms of use has the opportunity to win 500 pounds. The following conditions apply in this case:

1. The purchase contract for the product has not been cancelled and the purchase price has been paid in full.
2. At the time of sending in the image and/or video material, the purchase of the product was made no more than 12 months ago.
3. The order number was included when the image and/or video material was sent in.
4. Sending in several pictures and videos does not increase the chances of winning. One ticket will be generated per order number so that all customers have the same chance of winning.
5. If the user requests BRICOFLOR to delete the submitted image and/or video material within 30 days, the deletion shall be subject to the solutory condition that any prize amount paid by BRICOFLOR is repaid to BRICOFLOR. This restriction does not apply if the project has been online for 36 months.
6. Payment of the winner shall be made in the same way as the user paid for the product for the realisation of the project.
7. The winner is drawn

If all requirements for participation in the competition have been met and the image and/or video material submitted fulfils the requirements set out in the terms and conditions of use, the customer has the opportunity to win 500 pounds.

The first competition will begin on 1 September 2023, from which date customers will have the opportunity to submit images and video material. The first draw for the winner will take place on 01.12.2023 at 12 PM.

The competition will be repeated every three months after the first prize draw. Customers can submit image and video material for the competition starting at 02 PM on the first day of a new quarter. The draw then takes place again on the first day of the next quarter at 12 PM.

a) The prize will be determined at random by a blind draw. The draw will be broadcast live on the official Instagram channel of BRICOFLOR GmbH (@bricoflor.uk).

b) The winner will then be informed of their prize via Instagram and email. Payment of the prize will be made in the same way as the user paid for the product used to realise the project.

c) Only one ticket will be generated per order number. Sending in several pictures and/or photos does not increase the chances of winning.

1. Termination of the contract

The contract of use for the BRICOmmunity competition can be cancelled with immediate effect at any time by both the user and BRICOFLOR without giving reasons and without observing any deadlines.

a) Cancellation by the user

Users may give notice of cancellation by e-mail, fax or letter to the following address:

BRICOFLOR GmbH

Hochstraße 10

42105 Wuppertal

Wuppertal, Germany

E-mail: info@bricoflor.co.uk

 

b) Cancellation by BRICOFLOR

BRICOFLOR has the right to terminate the license agreement at any time in writing or by email with immediate effect. The cancellation shall take effect upon deletion of the user from the database.

 

c) Consequences of the termination of the contract

After termination of the user contract, all personal data of the user and all content published by the user will be deleted, unless the law expressly requires further storage. Published content for which a prize has been paid out will be deleted subject to the solutory condition that any prize paid has been refunded to BRICOFLOR.

 

In all other respects, the current BRICOmmunity data protection provisions apply.

 

6. Obligations of users with regard to the published content

The users themselves are responsible for the content they send. It is therefore the responsibility of the users to ensure that the published content is lawful, in particular that it does not violate applicable laws and does not infringe the rights of third parties.

If a claim is made against the user for his/her own unlawful behaviour or if he/she becomes aware of unlawful behaviour by third parties, he/she is obliged to notify BRICOFLOR immediately. For this purpose, BRICOFLOR has provided a form in the BRICOmmunity under ‘Abuse’, which the user and other persons who are of the opinion that content published by users violates legal provisions - in particular copyrights or other property rights - can use to contact BRICOFLOR. Violations of these terms of use must be reported to the address given in the legal notice.

In addition, the user is obliged to comply with the following requirements:

a) General principles for published content

The sending, publication and reproduction of defamatory, violent, false, offensive, objectionable, threatening, harassing, blasphemous, sexually orientated, obscene, racist and copyrighted, patented or trademarked material is not permitted. It is also prohibited to disseminate or promote political or ideological views.

 

b) Publication (publication) of image files and/or film files (so-called videos)

Before publishing an image file (e.g. photographs) and before publishing a film file (so-called video), the user must ensure that he/she is entitled to the exclusive rights of use to the image or film file and that making it publicly accessible does not violate legal regulations, common decency and/or the rights of third parties.

In particular, the sending and publication of an image and/or film file containing defamatory, violent, false, offensive, objectionable, threatening, harassing, blasphemous, sexually oriented, obscene, racist or copyrighted, patented or trademarked material is not permitted.

 

In the case of image files and film files in which other persons are recognisable in addition to the user, participation in the competition is only permitted if the user has the written consent of all persons depicted for publication on the platform. BRICOFLOR will request such consent. It is expressly pointed out that the publication of recordings of radio programmes, music videos, images, films and public performances or parts thereof without the express consent of the rights holder constitutes an infringement of copyright and personal rights. Copyright infringements are punishable by law with a prison sentence of up to three years and a fine. Infringements can give rise to substantial claims for damages.

 

c) Publication of internet links

The publication of internet links, in particular to third-party offers, with defamatory, violence-glorifying, false, insulting, offensive, threatening, harassing, blasphemous, sexually orientated, obscene, racist and copyright- or patent- or trademark-protected material is not permitted.

 

7. Granting of rights

The user authorises the group of companies to use the content sent for the provision of the services offered on the BRICOmmunity and grants the group of companies the necessary rights of use to the published content free of charge and unlimited in terms of time and place.

By sending image and/or video material to participate in the competition, the user agrees that this image and/or video material may be published for advertising and marketing purposes on the relevant social media platforms Instagram and Facebook as well as on Pinterest, in the online shop of the group of companies (www.bricoflor.co.uk) and in the blog of the group of companies (www.bricoflor.uk/blog).

These rights of use include in particular all exploitation rights, i.e. in particular the right to reproduce, distribute, exhibit and publicly reproduce the content.

The group of companies is authorised to reproduce the works on its own website, in particular in close proximity to the products offered. The group of companies is also authorised, but not obliged, to make the works accessible to third parties on social media platforms.

BRICOFLOR authorises the user to use the services offered by BRICOFLOR on the BRICOmmunity platform for the duration of the user agreement and grants the user the non-exclusive, non-exclusive and non-transferable rights of use.

7.1       Placement of advertising and promotion in the context of the competition

The group of companies is authorised to place advertising and/or carry out other promotional measures in the context of the publicly accessible content and using it. The user expressly agrees to this.

8. Liability

a) Release from liability by the user

The user shall indemnify the group of companies against all claims asserted by third parties against the group of companies on the basis of the published content or through the use of the service provided on the BRICOmmunity. The indemnification is independent of whether the user has contributed the content him/herself or has utilised the services him/herself. In such cases, the user shall assume all costs of legal defence, including all court and legal fees in the statutory amount. Further claims for damages by BRICOFLOR against the user remain unaffected.

 

b) Limitation of liability of BRICOFLOR

BRICOFLOR shall only be liable to users for damages resulting from wilful or grossly negligent breaches of contract and for damages resulting from slightly negligent breaches of material contractual obligations. In the latter case, liability is limited to the damage typically foreseeable at the time the contract was concluded. This provision shall not affect BRICOFLOR's liability for damage to life, limb and health or under the Product Liability Act. The above limitations of liability shall also apply in the event of breaches of duty by BRICOFLOR's legal representatives or vicarious agents.

9. Data protection

The BRICOmmunity competition is subject to the data protection regulations, which are hereby acknowledged.

9.1       Final provisions

a) There are no collateral agreements. Amendments and supplements to these TERMS OF USE, including this clause, must be made in writing. This formal requirement can only be waived by written agreement. E-mails, text messages, telefaxes or computer faxes do not fulfil the written form requirement.

b) These TERMS OF USE and the legal relationship between BRICOFLOR and the user shall be governed by German law.

c) The place of fulfilment and place of jurisdiction is, as far as legally permissible, the registered office of BRICOFLOR.

d) Should individual provisions of these TERMS OF USE be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace an invalid provision with a valid provision that comes as close as possible to the economically intended meaning and purpose of the invalid provision. This applies accordingly in the event of contractual loopholes.