Terms & Conditions
USAGE RIGHTS REQUEST
Hi! Thanks for stopping by. We are edding International GmbH, Bookkoppel 7, 22926 Ahrensburg and we are happy to see how much you like our products. We assume you are here because you want to upload your photo or because we tagged your photo or video. The reason for this is that we are asking you below for your permission to use and share your uploaded or tagged content (“User Generated Content” – “UGC”) as follows. Thank you for considering this!
From time to time, we contact our customers to ask their permission to use our Reproduce favorite UGC and integrate it on our website, emails, social media and store or to other marketing purposes.
If you allow us and our partners* (hereinafter “us”, “we”) to use your UGC to the extent described below, we will also post your account name (or any other name you provide to us) on our website in connection with your UGC in accordance with Section 13 of the German Copyright Act (UrhG) so that everyone knows whose great UGC it is. As far as technically feasible, we will also post your account name in connection with the UGC if we use your UGC online or offline for other purposes mentioned below. If you do not want your username or any other identifying information that may be included in your UGC to be displayed, you may request that we modify the display of your UGC at any time, for example, by sending an email to datenschutz@edding.de. You may also request information about your UGC at this address. At this address, you can also request information about all circumstances of the processing of your personal data in connection with this request and granting of usage rights as the legal basis for data processing with us and, subject to the legal requirements, assert your data subject rights under Articles 15 – 21 of the General Data Protection Regulation.
Since we have to make sure legally that it really is your UGC and that we are allowed to distribute it through our channels and that it does not violate any rights of other people, it will now be a bit formal. We need the corresponding rights from you.
If you reply to this usage rights request with the hashtag #yesedding, you grant us the following usage permission under the following license conditions. For this purpose, you represent and warrant to us that you are a natural person over the age of eighteen (18) or that you have obtained your parents’ consent to grant us permission to use your UGC.
USAGE PERMIT
You hereby grant us rights of use to your UGC marked by us to the following extent. Insofar as you do not expressly grant us rights of use to your UGC in the following, such rights do not exist.
You grant us and our partners the non-exclusive, perpetual and unrestricted right to use your UGC as follows:
For the visible display of your UGC on the following of our websites (edding.com and sub-sites) and social media presences (Facebook, Instagram, Pinterest, Snapchat, Twitter) for all internet users or closed user groups for as long and as often as you wish.
To distribute, publicly reproduce, and make publicly available your UGC via any currently known multimedia, computer network, or telecommunications-related services (e.g., Internet, e-mail, push or pull services for mobile or static devices, on-demand services, webcasting, online databases, terrestrial services such as radio, broadcast, and television) that are open to a specified or unspecified group of people.
To use your UGC for advertising purposes of any kind in the platforms and services mentioned in the above points.
To use your UGC for advertising and marketing purposes of any kind offline in print media, brochures, catalogs, advertisements, leaflets, storytelling, exhibitions, posters, posters, flyers, (post)cards, packaging, sleeves, cases, stickers, writing and craft materials.
In connection with the aforementioned acts of use, we are entitled to store your UGC on our own data processing systems and storage media and/or on storage media and data processing systems operated for us by third parties (in particular web servers and in cloud services) in any formats, to reproduce it, to pass it on to third parties, in particular our external service providers (e.g. hosting providers, media and marketing agencies), or to make it accessible online and – subject to the protection against distortion or other impairments regulated in Section 14 UrhG (German Copyright Act) – to modify or edit your UGC. make your UGC available online and – subject to the protection against distortions or other impairments of your UGC provided for in Section 14 UrhG (German Copyright Act) – to modify and edit your UGC, in particular to make cuts, abridgements, extensions, formatting, contextualization, mirroring, color changes, post-processing, format changes, intersections with other works, framings, descriptions and other changes that we may deem necessary in view of the aforementioned ways of use and the recipient group or that are necessary for technical reasons.
In the event of the cooperation of service providers commissioned by us in the aforementioned acts of use for the granting of corresponding purpose-related sublicenses to the extent required in each case after prior consent or subsequent approval by you, which may not be refused arbitrarily and contrary to the purpose of the contract.
(“License”).
The granting of this license is free of charge, We therefore do not owe you any fee in connection with the use of your UGC. The license is:
“non-exclusive”, i.e. you may use your UGC for your own purposes and may allow others to use your
UGC for its own purposes, provided that our rights of use are not frustrated thereby (in particular by the granting of an exclusive license);
“perpetual”, i.e. you grant us the license for an indefinite period of time;
“Locally unrestricted, i.e. we would be allowed to exercise the license anywhere in the world.
We reserve the right to discontinue the use of your UGC at any time and without notice, and to terminate this from our marketing channels without replacement.
You confirm
that you have the necessary rights to grant us the license to the extent described above and, unless you are the author of the UGC, that no further royalties or other fees are due to our use of the UGC to the extent described above;
that, if applicable, you have obtained permission from all persons depicted or otherwise identifiable in your UGC that your UGC in which they are depicted may be published to the extent described above;
that your UGC does not infringe any third party rights, e.g. intellectual property or personal rights;
You agree to indemnify us upon first demand against all claims of third parties arising from a violation of this provision. This includes the costs of our legal defense (in particular attorney’s fees and court costs in the statutory amount).
This Agreement and any related disputes shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which you have your habitual residence. If you are a merchant, entrepreneur in the sense of Section 14 BGB (German Civil Code) or a legal entity under public law or a special fund under public law or if you do not have a general place of jurisdiction in the Federal Republic of Germany, the exclusive place of jurisdiction – including international jurisdiction – for all disputes arising from or in connection with this agreement shall be our place of business.
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
For further information please contact: edding International GmbH, Bookkoppel 7, D-22926 Ahrensburg, info@edding.de
Terms and Conditions of entry into Competition as of June 2021
Terms and conditions of entry for the “edding expo” competition via Instagram or direct upload on www.eddingexpo.com. By entering the competition, you agree to the following terms and conditions:
Organiser
The competition organiser is edding International GmbH, Bookkoppel 7, 22926 Ahrensburg, Germany (hereinafter the “Organiser”/“Us“/“We“).
Competition Entrants
People residing in Germany, the Netherlands, Belgium, France, Switzerland, Czech Republic, Slovakia, Hungary, Spain, Portugal, Greece, Italy, Turkey, UK, Argentina, Colombia, US, Russia, who are at least 18 years old at the time of taking part, are eligible to enter (hereinafter “Entrant”).
The Organiser’s employees and other people involved in the competition’s design and implementation are excluded from entering.
Object of the Competition
The following prices will be awarded to competition winners:
6 digital painting workshops for the winner and three of his or her friends
15 “edding Creative Bags” incl. six different pen and marker sets for creative applications in an edding bag
No cash alternative will be offered.
Entry Conditions and Costs
There is no charge to enter this competition.
The competition consists of three periods:
1-30.06.2021: Genre “Nature is calling”, #naturewithedding
1-30.09.2021: Genre “Urban City Life”, #urbanwithedding
1-28.02.2022: Genre “We are Human”, #humanwithedding
To take part in the competition, in the periods mentioned above, all you have to do is:
Paint a painting on canvas with edding Acrylic markers on the subject of the respective genre (see above).
Make a photo of your painting and upload it with the respective genre hashtag.
There are two ways to upload the photo of your painting:
The upload on Instagram using the respective genre hashtag. Your Instagram profile must be switched to public during the competition period.
Direct upload on www.eddingexpo.com using the respective genre hashtag as a picture description.
An entry in the competition is allowed only once per genre for each Entrant. Therefore, a painting will only be considered once in the competition. Uploading multiple times on different Instagram profiles or uploading the painting via Instagram and on www.eddingexpo.com does not increase the chance of winning.
Entry into the competition is not dependent on the purchase of goods, the use of the Organiser’s chargeable services and/or payment of usage fees to the Organiser or another co-operation partner involved in organising the competition.
The winners will be determined as per drawing of lots at random after the closing date for entries.
Exclusion of Entrants
In the event of violation of the competition rules, the Organiser reserves the right to exclude the person concerned from the competition.
An Entrant shall be excluded from the competition in the following circumstances:
Violation of third-party rights, in particular data protection, personality, copyrights and/or design rights;
Writing a comment/ caption that may be considered promoting violence, offensive, harassing or otherwise derogatory.
Prize Notification and Delivery
The winner of each genre will be announced on www.eddingexpo.com either by mentioning their Instagram account name (if the photo was uploaded on Instagram) or by the name declared when using the upload function on www.eddingexpo.com.
If it is not possible to award the prize because the winner cannot be informed and/or the prize cannot be sent due to incorrect contact details, or the winner does not reply within 72 hours of being contacted, the Organiser shall not be obliged to make further efforts. In that event, entitlement to the prize shall lapse. The same shall apply if it only becomes apparent after the draw that a winner had been excluded from the competition.
The Organiser or a third party instructed by the Organiser will dispatch the material prizes by courier, parcel service, or post to the postal address given by the winner. Delivery is to the door within countries stated in section 2.
Prizes are non-transferable.
Liability
The Organiser is liable without limitation for damages arising from gross negligence or intent, in the event of injury to life, body or health, for a defect in guaranteed qualities, and for violations of the German Product Liability Act or other mandatory statutory liability. In the event of simple negligence, the Organiser shall be liable only for violation of material obligations, fulfilment of which is possible only through due and proper execution of the competition and in whose observance Entrants routinely trust. In this case, the Organiser shall be liable for the foreseeable, contractually typical damages only.
Insofar as the liability of the Organiser is excluded or limited, this shall also apply to employees or vicarious agents Organiser.
Amendment and Premature Termination
The Organiser reserves the right to prematurely terminate all or part of the competition at any time, without notice, or to change its course if it is impossible to hold the competition for technical (e.g. computer virus, tampering of or bugs in software and hardware) or legal reasons. Legal reasons include changes to the social media platform terms of use that affect the competition (see also section 10.).
Data Protection
When organizing competitions, personal data is collected from Entrants’ by edding on the execution of the competition. Entrants’ personal data are processed in accordance with the prevailing General Data Protection Regulation (GDPR). Please refer to our Privacy Policy for details.
Conditions on Instagram
In addition to these entry rules, the relationship between the Organiser, the Entrant and Instagram (operator: Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland) is governed by Instagram’s Community Guidelines (https://www.facebook.com/help/instagram/477434105621119/?helpref=hc_fnav&bc[0]=Instagram-Hilfebereich&bc[1]=Privatsph%C3%A4re%20und%20Sicherheit), the Platform Guidelines (https://developers.facebook.com/terms?helpref=hc_fnav) and the Guidelines for Promotions (https://www.facebook.com/help/instagram/179379842258600).
Entrants cannot make any claims against Facebook in connection with entry into the competition.
Entrants acknowledge that the competition is not in any way sponsored, supported or organised by Instagram and that there is no connection with Instagram. All enquiries and comments regarding the competition should be directed to the Organiser and not to Instagram.
Concluding Provisions
Should one of the competition rules be or become ineffective, the effectiveness of the remaining provisions shall not be affected. The competition is solely subject to the law of the Federal Republic of Germany.
If the Entrant has his habitual residence in another country at the time of entering the competition, the application of mandatory legal provisions of this country of residence shall remain unaffected by the choice of law made.
The recourse to the courts is excluded.
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a dispute resolution body.
