Terms and Conditions of studio flitz GmbH

Participation in sweepstakes organized by studio flitz GmbH and their execution are governed by the following provisions.

§ 1 SWEEPSTAKES AND ORGANIZER

(1) The sweepstakes are offered by studio flitz GmbH (hereinafter referred to as “FLITZ”) via various channels (YouTube, Facebook, Twitter, Instagram, etc.).

FLITZ may be supported by cooperation partners (hereinafter referred to as “Prize Sponsor”) in conducting the sweepstakes. The Prize Sponsor is responsible for prizes provided by them. FLITZ therefore only announces the prizes on behalf of the Prize Sponsor. FLITZ is not obligated to provide its own performance unless it is itself the sponsor of the prize in a specific case.

(2) The participation period of the sweepstakes (hereinafter referred to as “Campaign Period”) can be found directly in the sweepstakes and will be clearly communicated. FLITZ reserves the right to terminate a sweepstakes with reasonable advance notice (at least 48 hours, where reasonable) if technical or legal reasons make this necessary. Participants will be informed of significant changes.

(3) If the sweepstakes mechanism differs from the mechanisms described in § 4 of these conditions, it will be described directly at the sweepstakes entry window, including the participation options.

(4) The sweepstakes organized by FLITZ are not affiliated with the platform operators (Facebook, Instagram, Twitter, etc.).

(5) The logged server time is decisive for the time of participation. Entries not submitted within the Campaign Period will not be considered. Delays in transmission are at the participant’s risk. FLITZ and the platform operators are not responsible for this.

§ 2 ELIGIBILITY

(1) Eligible to participate are natural persons who a) have reached the age of 18, b) have legal capacity, c) have a registered address in Germany, Austria, or Switzerland, and c) are not excluded from participation (§ 3).

(2) Minors (under 18 years of age) are excluded from participation. Prizes will not be awarded to minors.

(3) The participant is solely responsible for the accuracy and truthfulness of their information. This also includes data in their profiles (Facebook, Instagram, etc.). All personal information must be truthful. Otherwise, exclusion from the sweepstakes may occur according to § 3.

(4) Each participant may only participate once per sweepstakes. Multiple entries will result in exclusion and forfeiture of prizes (§ 3).

§ 3 EXCLUSION FROM THE SWEEPSTAKES

(1) Excluded are:

1. Employees and relatives of FLITZ and the Prize Sponsor as well as providers
2. Employees and relatives of ProSiebenSat.1 Media SE and all subsidiaries/affiliates
3. c) Persons who violate these conditions
4. d) Persons who manipulate or use unauthorized aids
5. e) Persons with false identity information
6. f) Persons with multiple entries in the same sweepstakes

(2) In case of violations, FLITZ reserves the right to exclude from the sweepstakes, not award prizes, subsequently revoke and reclaim prizes, and/or demand compensation for damages (in case of manipulation).

(3) Exclusion will be carried out in accordance with the principle of proportionality.

§ 4 EXECUTION AND PROCESSING OF THE SWEEPSTAKES

(1) Sweepstakes tasks:

Participants will be asked a question, given a task, or requested to submit photos/videos. Participation options, participation rules, etc. that differ from this sweepstakes mechanism will be explained to the participant directly in the sweepstakes announcement. When submitting photos and/or (moving) image material, participants grant FLITZ the usage rights specified in § 5. Prizes may also be presented in announcement videos, broadcasts, or postings.

(2) Winner determination:

After the end of the Campaign Period, the winner will be determined by lottery or jury from all eligible participants. If FLITZ asks a question and fewer participants answer correctly than prizes available, remaining prizes will be raffled among all participants (lottery-based). Deviating mechanisms will be clearly communicated.

(3) Winner notification:

Winners will be notified by email or via the participation channel within 10 business days after winner determination. The winner must respond within 14 days of notification. Otherwise, a new winner may be determined. Prize delivery takes place through direct contact between the winner and FLITZ or the Prize Sponsor.

(4) Prize variations:

The announced prize may differ from the presented item in model, color, or similar aspects. The Prize Sponsor may select an equivalent item of average type and quality. Variations must be reasonable and communicated to the winner in advance (if identified).

(5) Shipping of physical prizes:

Physical prizes (except vehicles and travel) will be shipped by mail, parcel service, or freight. Shipping within Germany is free for the winner. Costs outside Germany are borne by the winner. The winner confirms a primary address and optionally an alternative address for absence. Costs for redeliveries are borne by the winner. Place of performance remains the registered office of the Prize Sponsor.

(6) Vehicle prizes:

The Prize Sponsor will designate a vehicle dealer for delivery. The vehicle must be collected within the specified deadline. Vehicles not collected will be forfeited after the deadline. All costs for registration, collection, insurance, taxes, and maintenance are borne by the winner. The deadline is at least 3 months from notification.

(7) Travel prizes:

Travel is processed between the winner and the Prize Sponsor/tour operator. There is no entitlement to a specific date. If the trip is not taken within the specified period, the entitlement expires. Upon travel confirmation, the winner is subject to the tour operator’s travel conditions. Travel costs and private expenses during the trip are borne by the winner (unless expressly agreed otherwise). The announced travel value refers to high season prices and may vary seasonally and due to currency fluctuations. Value compensation is excluded. The deadline for travel commencement is at least 12 months from notification.

(8) Prize replacement:

If delivery of the prize is not possible or only possible under unreasonable conditions, the winner will receive an equivalent replacement (selected by FLITZ or Prize Sponsor). If the original prize is no longer available (model change, seasonal goods), an equivalent replacement will be provided. The winner will be consulted before replacement determination, where reasonable.

(9) Cash compensation:

Cash payment of prizes or prize replacements is not possible, except when the prize is defective and not repairable, legal reasons require cash payment, and the winner and FLITZ agree. In these cases, reasonable cash compensation will be provided (at least 80% of face value).

(10) Assignment:

The entitlement to the prize or prize replacement cannot be assigned or pledged. The prize is non-transferable.

(11) Complaints:

Complaints regarding sweepstakes execution must be submitted in writing to FLITZ within 14 days of becoming aware of the reason. Telephone or late complaints will not be processed. Complaints regarding prizes are directed exclusively to the Prize Sponsor. FLITZ will respond to written complaints within 30 days.

§ 5 GRANTING OF USAGE RIGHTS

(1) Granting of rights:

By submitting image or video material (hereinafter “Image Material”), the participant grants FLITZ and companies affiliated with FLITZ pursuant to §§ 15 et seq. AktG a spatially, temporally, and substantively unlimited, non-exclusive, and transferable free usage right to all existing copyright and/or ancillary copyright exploitation rights (e.g., also merchandising, print subsidiary rights, online/internet rights), including the right to one’s own image and name rights, for the purpose of their full exploitation in the form of television, online, or other productions, regardless of content and purpose.

This granting of rights includes in particular the right to publish, reproduce, distribute, publicly perform the submitted content, especially to broadcast it worldwide via television, the internet, or other media and/or make it publicly accessible, to edit or transform it, and to use it for advertising.

(2) In the event that the Image Material provided by the participant is selected by FLITZ or a company affiliated with FLITZ for publication on television and/or the internet or other exploitation, the participant also agrees to be named by name in this context, unless they expressly waive name attribution (opt-out).

(3) By submitting the Image Material, the participant waives the assertion of claims by way of preliminary injunction or attachment as well as compensation and payment claims of any kind, both with regard to the declaration of consent and with regard to the above granting of rights and any exploitation of the granted rights.

(4) Each participant guarantees to FLITZ and companies affiliated with FLITZ that they possess all necessary rights to the Image Material provided and that they do not violate any third-party rights of any kind or any legal provisions. Violations are at the participant’s expense; FLITZ may demand compensation for damages.

(5) If the participant is not the owner of the rights to the Image Material they submitted, they guarantee that they have effectively obtained all necessary rights, licenses, permissions, consents, and the like. The participant may request (in writing, email sufficient) that usage be stopped if the material is used in a manner that is shocking or defamatory, violates third-party rights, or the material has been manipulated.

§ 6 FORFEITURE OF PRIZE

(1) Notification obligation:

The winner must respond within 14 days of notification. Failure to do so results in forfeiture of the prize; a new winner will be determined.

(2) Collection deadlines:

– Non-cash prizes: 3 months from notification
– Vehicle prizes: Deadline set by prize sponsor/dealer (at least 3 months)
– Travel prizes: Period specified in the competition (at least 12 months)

(3) Prize forfeiture:

The prize is forfeited if the communicated deadlines are not met. Exceptions: Unintentional delays (illness, freight) will be considered; the winner will then receive a grace period upon request and proof (additional 4 weeks).

§ 7 EARLY TERMINATION OF THE SWEEPSTAKES

(1) FLITZ reserves the right to terminate a sweepstakes if technical reasons make proper execution impossible, legal reasons exist (e.g., official order), a participant manipulates or sabotages the sweepstakes, or force majeure occurs. Where possible, advance notice of at least 48 hours will be given. In emergencies (hack, virus), the sweepstakes may be terminated immediately without further notice.

(2) Consequences:

If a winner has already been determined, they will be notified. If not: A winner will be determined from previous participants or the sweepstakes will be canceled. Damages caused by manipulation are at the perpetrator’s expense.

§ 8 DATA PROTECTION

(1) Data collection:

To participate, the participant must register with an email address. FLITZ collects and processes data only for the purpose of conducting and processing the sweepstakes.

(2) Data processing:

Data is processed in accordance with GDPR and German law. The privacy policy (separate document) provides information about the controller (Art. 13 GDPR), purpose of processing, recipients of data, storage period, data subject rights (access, correction, deletion, objection), complaint procedures.

(3) Disclosure:

Data will be transmitted to the Prize Sponsor or their agency only for the purpose of prize processing. Without express consent, no further use will occur (e.g., newsletter, marketing).

(4) International transfer:

Data will not be transferred outside the EU except with express consent or appropriate safeguards.

§ 9 REVOCATION AND DATA DELETION

(1) The participant may request deletion of their registration data at any time by email to holymoly@therace.de.

(2) After revocation, participation is no longer possible. Prizes already determined remain valid.

(3) Deletion will occur within 30 days, subject to statutory retention obligations.

§ 10 LIABILITY

(1) The organizer is released from all obligations upon fulfillment or delivery of the prize, unless an earlier time results from these regulations.

(2) Claims for possible material and/or legal defects in prizes donated by Prize Sponsors must be asserted exclusively against them.

(3) The organizer is not liable for the insolvency of a Prize Sponsor or the consequences arising therefrom for the execution of the sweepstakes.

(4) The organizer’s liability for damages exists only if the damage is due to intent or gross negligence. For culpable injury to life, limb, or health of a natural person, the organizer is also liable for simple negligence. Furthermore, the organizer is also liable for the simply negligent breach of a cardinal obligation. Cardinal obligations are those whose fulfillment enables the proper execution of the sweepstakes and the achievement of the contractual purpose in the first place and on whose compliance a sweepstakes participant may regularly rely. The above limitation of liability applies in particular to damages arising from errors, delays, or interruptions in the transmission of data, disruptions to technical facilities or services, incorrect content, loss or deletion of data, viruses, or in any other way when using the application. Liability under the Product Liability Act remains unaffected.

(5) For travel prizes, the organizer is furthermore not liable for the consequences of a justified change to the travel offer or the justified cancellation of the trip by the tour operator. The option of paying out the travel value is excluded.

§ 11 MISCELLANEOUS

(1) Legal recourse is excluded. In case of dispute, the parties are encouraged to seek an out-of-court settlement.

(2) The law of the Federal Republic of Germany applies exclusively, excluding international private law.

(3) Should individual provisions be or become invalid, the validity of the remaining terms and conditions remains unaffected.

(4) These terms and conditions may be changed at any time by the organizer without separate notification.

Status: March 1, 2026

Publisher: studio flitz GmbH

Contact: holymoly@therace.de