Entry conditions

1. Competition

The competitions are run by New Yorker in association with various partners (co-promotion partners), who also provide the prizes (prize sponsors). New Yorker represents the co-promotion partners during the competition and offers the prizes sponsored by them in their name. This does not give rise to any sponsoring obligations on the part of New Yorker unless New Yorker has sponsored a prize itself in an individual case.

2. How to enter

2.1 Participants enter the competition by sending in the requested text, audio material or visual material, filling in the registration form and clicking on “send”. Participants are responsible for the accuracy of details they provide themselves, in particular their eMail and/or postal address. The answers to the competition questions and the entry form must be received by the closing date of the competition indicated therein. The electronic record of receipt of your eMail or the electronic record of receipt of your entry form will serve as proof that your entry was received in time.
2.2 To enter the competition all personal details with an * must be given truthfully. Non-compliance with this obligation can lead to disqualification. Should any discrepancies arise as to the identity of the sender, the entry is deemed to be from the person who is the eMail account owner.
2.3 Only one entry per person is permitted. Multiple entries will not be recognised. Nor will entries through competition clubs or similar be accepted.
2.4 Entry is free of charge and not dependent upon the purchase of any products.

3. Eligibility for entry

3.1 Anyone aged 7 or over may enter the competition. Persons who are under the age of 18 require the consent of a parent or legal guardian to enter.
3.2 The competition is not open to employees of New Yorker, the co-promotion partners in question or their family members.
3.3 All entries must be received by expiry of the closing date for receipt of entries. Entries received after this date will not take part in the draw.
3.4 New Yorker reserves the right to disqualify entries received from persons who have infringed the conditions of entry. In particular, New Yorker has the right to bar persons who have made use of unauthorised aids or used other forms of manipulation to obtain an unfair advantage. In such cases New Yorker also reserves the right to strip winners of their prizes and demand their return.

4. Procedure

4.1 By sending in text, visual material or audio material and thus entering the competition, participants declare their express consent to the material in question being published on all or any of New Yorker’s online channels.

4.2 The winners will be notified in writing or by eMail. New Yorker is entitled to publish the names of the winners, and the winning texts, visual material or audio material on the website www.newyorker.de and/or any of its other online channels. The winners explicitly consent to announcement in this form. New Yorker has the right to provide its co-promotion partners with the data of the winners so that they can be sent their prizes.
4.3 If New Yorker does not have the full or correct address of a winner, the winner will be notified by eMail. If a winner does not contact New Yorker within four weeks of notification being sent, the claim to the prize will be forfeited and a new winner will be drawn.
4.4 The claim to a prize will also be forfeited if the prize cannot be handed over to the winner within two months of initial notification for reasons that are beyond the control of New Yorker.
4.45 The item actually won as a prize may differ from the item named as a prize when the competition was held. The sponsor has the right to select an item of medium quality that is the equivalent of the item named as the prize.
4.6 The sponsor or a third party acting on its behalf will send prizes in kind (with the exception of motor vehicles and holidays) by forwarding agent or a parcel service to the postal address of the winner named by him/her.
4.7 Delivery will (with the exception of motor vehicles prizes) be free house in the Federal Republic of Germany. Any additional transport costs and customs duties must be paid by the winner. Despite transport costs being assumed, the place of performance will remain the domicile of the prize sponsor.
4.8 If the prize won is a motor vehicle, the winner will be notified of the car dealer that will hand the vehicle over. If the vehicle is not collected within the period set by the sponsor or the car dealer, the prize will be forfeited.
4.9 The winner will be liable for all costs incurred in connection with collection of the vehicle as well as for all follow-up costs (taxes, fuel, repairs etc.). The same will apply to motorcycles and comparable prizes.
4.10 If the prize won is a holiday, all the holiday arrangements must be made directly between the winners and the sponsor in question or a tour operator acting on its behalf. In cases in which the date of the holiday is not named in the competition, only the sponsor or the tour operator has the right to set the date of the holiday. No claim to a specific holiday date exists. If the holiday is not taken on the date or during the period set by the sponsor or tour operator, the claim to the prize will be forfeited. By confirming the holiday, the winner agrees to the terms and conditions of the tour operator.
4.11 The winner will be liable for the costs of travel to and from the starting point of the holiday (airport, station, etc.) unless stated otherwise in the competition or explicitly agreed. The same will apply to all costs incurred during the holiday (minibar, telephone etc.).
4.12 The value of the holiday indicated in the description of the prizes refers to the high season and is, depending upon the time at which the holiday is taken, subject to seasonal differences and exchange rate fluctuations. No payments will be made to compensate for this difference in value.
4.13 Cash prizes will be sent to winners as a collection-only cheque to the address named. However New Yorker reserves the right to transfer the cash prize to the bank account of the winner. The winner is required to give his/her bank account details for this purpose. New Yorker has the right to pass these bank account details on to the relevant co-promotion partner to enable it to make the credit transfer.
4.14 If it is not possible to provide the prize or only in circumstances that are unreasonable, the winner will receive a substitute prize of the same value. The same will apply if the original prize is no longer obtainable in the very same form as the one described (change of model, product for one season only etc.).
4.15 Prizes or substitute prizes will not be paid out in cash.
4.16 The claim to a prize or substitute prize is non-transferable.

5. Termination of the competition

5.1 New Yorker reserves the right to suspend and end the competition at any time without notice and without indication of grounds. In particular, New Yorker will exercise this right if it is not possible to hold the competition / prize draw in the due and proper manner for technical reasons (e.g. a virus in the computer system, manipulation of or malfunctions in the hardware and/or software) or for legal reasons. Should such termination have been caused by the conduct of a participant, New Yorker has the right to claim compensation from such a person for the damage/losses it has incurred.
5.2 New Yorker will have discharged all its obligations at the time it hands over the prize unless these entry conditions stipulated an earlier time.

6. Liability

6.1 New Yorker will only accept liability for damage or loss that was caused by New Yorker or one of its vicarious agents with intent or due to gross negligence, or due to violation of a material contractual duty. This will not apply to damage or loss caused by death, physical injury or damage to health.
6.2 In particular, the above limitation of liability applies to damage or loss caused by errors, delays or interruptions in the transmission of data or similar, faults in technical equipment or disruptions in service, incorrect content, loss or deletion of data, viruses.
6.3 In the case of holidays won as a prize, New Yorker will not accept any liability for the consequences of a justified change in the holiday offered or justified cancellation of the holiday by the tour operator. The value of the holiday will not be paid out in cash.
6.4 New Yorker will not accept any liability for material or legal defects in respect of the prizes provided by its co-promotion partners.
6.5 New Yorker will not accept any liability for insolvency of one of its co-promotion partners or the ensuing consequences with regard to holding the competition and the prizes.

7. Miscellaneous

7.1 The place of performance and place of jurisdiction of all disputes arising from and in connection with the competition and the draw will – to the extent that this is legally admissible – be the Local Court (Amtsgericht) or Regional Court (Landgericht) with jurisdiction for New Yorker. These conditions of entry are governed by German law.
7.2 Should any of the provisions of these conditions be without effect or become null and void, or anything have been omitted from the present or any future version of these conditions, or should they be fully or partly without legal force or impossible to implement or subsequently lose their legal force or become impossible to implement, this shall not affect the validity of the other provisions. Instead of the ineffective provision a valid provision is deemed to have been agreed that most closely reflects the meaning and purpose of the ineffective provision. If anything has been omitted, a provision is deemed to have been agreed that in terms of the meaning and purpose of these entry conditions most closely reflects what would have been agreed if the point had been taken into consideration at the beginning.

8. Treatment of data

To enable you to enter the competitions held by us in association with our co-promotion partners, we need to know your first name and surname, your postal address, your eMail address and your date of birth. We will use the address details for identification purposes and to notify winners.
Further information is contained in our Data protection declaration in chapter "NEW YORKER LOTERIJAS".