Terms and Conditions

for the Jack Wolfskin competition Jack Wolfskin - 'Pay with your story' as part of the Go Backpack campaign at www.go-backpack.com

The following updated terms and conditions apply for participation in the competition:

The competition is organised by Jack Wolfskin Ausrüstung für Draussen GmbH & Co. KGaA, Jack Wolfskin Kreisel 1, 65510 Idstein, Germany (hereinafter referred to as "Jack Wolfskin").

Section 1 - CAMPAIGN

  1. Buy one of our products from a Jack Wolfskin store or the Jack Wolfskin online shop in Germany, Austria, Switzerland, Belgium or Great Britain, or in the branches and online shops belonging to our partners, Globetrotter Ausrüstung GmbH (Hamburg), be-tween 1st May and 31st October 2018 in order to participate in this promotion.
  2. Make your very own travel video by 31 October 2018 at the latest, showing the GO BACKPACK flag and the Jack Wolfskin product you purchased in the video. Register no later than 31 October 2018 at www.go-backpack.com and upload your travel video as well as your receipt of purchase.
  3. If your travel video fulfils all the criteria, we will transfer the purchase value of the product you bought during the promotional period up to a maximum of 200 EUR/250 CHF/150 GBP. Please bear in mind that, out of all participants, we can unfortunately only consider the first 1,000 registrations which fulfil the Terms and Conditions of Entry for reimbursement. Please also note that 500 registrations have already been considered and that we are only able to consider a further 500 registrations during the remaining promotional period until 31 October 2018. Jack Wolfskin is permitted to publish all travel videos sent in and to use them for advertising purposes. Only one promotion entry may be made for each product purchased.
  4. By participating in the competition, you accept these Terms and Conditions of Entry.
  5. It would also be great if you publish the travel video you send in on your social media channels using the hashtag #GOBACKPACK.
  6. We wish to (but are not obliged to) use your personal travel video for advertising purposes and for publishing Jack Wolfskin products on the Internet and social media channels (among other places) too.

Section 2 - DETAILED CONDITIONS OF ENTRY

  1. Buy a Jack Wolfskin product from one of the participating Jack Wolfskin stores (with the exception of outlets), the Jack Wolfskin online shop in Germany, Austria, Switzerland, Belgium or Great Britain, or in the branches and online shops belonging to our partners, Globetrotter Ausrüstung GmbH (Hamburg), between 1st May and 31st October 2018.

  2. Register online by 31st October 2018 at www.go-backpack.com by filling out the registration form available online, giving your personal details (title, surname, first name, address, postcode, town/city, country, email address, IBAN, BIC/SWIFT and bank). Agree to the Terms and Conditions of Entry and the Data Protection Regulations. Upload your travel video as well as your receipt of purchase. Late registrations will not be considered. Your bank details will be used solely for the purpose of processing the refund and will be deleted after the competition comes to an end.

  3. Travel videos that fulfil the following criteria are eligible for participation:

    - Display the GO BACKPACK flag in the original video (not edited in).

    - Length of the video: at least 30 seconds.

    - Format(s): all common video formats, e.g. MP4, MOV, MPG, AVI, WEBM, OGV.

    - Maximum file size: 1.5 GB.

    - All rights of the travel video (including images, people and sound) are yours (please remember this if you wish to include foreign content such as music).

    - You recorded the video in the period between 1 May and 31 October 2018.

    - The content of the video doesn't just show a situation, but rather different travel experiences (we don't want to see you in the garden or taking the dog for a walk). It goes without saying that we will not accept any videos containing political, religious, racist, sexual, discriminatory, or otherwise derogatory content. Jack Wolfskin reserves the right to exclude videos from participation at its own discretion.

    - We would be delighted if other Jack Wolfskin products were on display in the video alongside the product you have purchased, However, other brands should not be on prominent display.

  4. In order to participate, you must be legally competent and over the age of 18 and also have permanent residence in Germany, Austria, Switzerland or the United Kingdom.

  5. Employees of Jack Wolfskin and companies affiliated with Jack Wolfskin as well as their relatives and spouses/partners are not permitted to participate in the competition. Anybody who has directly or indirectly had professional dealings with the competition is equally not permitted to participate.

  6. You may only register for participation in the competition once per product purchased. Each travel video submitted also entitles the participant to only one entry. In the case of multiple submissions, the one submitted first counts.

  7. Each product purchased and each submitted video entitles you to a one-off participation.

  8. Jack Wolfskin reserves the right to review your eligibility to participate. Jack Wolfskin is entitled, in particular, to request that you confirm your age and identity by submitting valid identification. Jack Wolfskin has the right to exclude you from participation without providing any reasons.

  9. Jack Wolfskin reserves the right to request original receipts of purchase and to inspect these. The right to participate is void if the product is returned (without the exception of warranty claims of course).

  10. Registrations containing false, misleading or fraudulent details as well as incomplete documents are excluded from participation and will not be processed.

  11. All costs incurred by the participant in connection with taking part in the competition (in particular personal costs for accessing the Internet and suitable software programmes), shall be borne by the participant. The participant shall also bear costs which are not expressly covered by the Terms and Conditions of Entry by Jack Wolfskin.

Section 3 - REIMBURSEMENT

  1. If you fulfil all the prerequisites for participation and are among the first 1,000 registered participants, we will credit the purchase price of the product bought during the promotional period up to a maximum of 200 EUR/250 CHF/150 GBP to the bank account stated during registration within 6 weeks.
  2. We will use your contact details to send you regular updates about your submission.

Section 4 - TRANSFER OF RIGHTS

  1. By registering, you agree that the intangible rights to your travel video (hereinafter 'video') are provided exclusively and for an unlimited period of time to Jack Wolfskin, provided that this is legally permitted. This also applies if you are not one of the first 1,000 entries and do not receive reimbursement. The subject of the transfer of rights and the granting of rights of use applies to the video(s) uploaded by you when registering for participation.

  2. Rights to your video include all rights that apply to you concerning the video (contractual rights). Contractual rights include, in particular, personality rights in the broadest sense (name rights, rights regarding one's own image, voice and other personality traits), as well as copyrights and related rights that apply to the video or other legal positions that could be countered by the intended use of your video (or parts thereof) by Jack Wolfskin for marketing and/or PR purposes.

  3. You transfer the contractual rights to Jack Wolfskin to the extent envisaged in Clause 3. As far as contractual rights are concerned which cannot be transferred, you hereby agree to the utilisation of the work results as set out in the terms and conditions by registering to take part in the competition. Jack Wolfskin accepts the transfer of contractual rights/consent to use these rights.

    For reasons of linguistic simplification, this is only referred to as a 'transfer' of contractual rights in the following. However, the provisions governing consent to use apply accordingly.

    Unless otherwise stipulated in these Terms and Conditions of Entry, the transfer of the contractual rights is intended to enable Jack Wolfskin to have unrestricted use of the work results for commercial purposes, in particular in advertising (TV, online (including social media), print, general marketing and public relations measures, advertisements and poster advertising, etc.) and for other external purposes (e.g. at trade fairs, point of sale). To this end, you transfer the contractual rights to JW as follows:

    - the right to reproduce, share, display, present, make public, send or use your video in any other way without restriction, both in terms of time and geographical location;

    - the right to create excerpts of your video or create new compositions of your video and use these for advertising purposes (including every kind of promotional activity) subject to the usage rights transferred as part of these Terms and Conditions of Entry without restriction, both in terms of time and geographical location;

    - for all types of use known at the time of this agreement being concluded. Included in the types of use known is particularly use for every form of advertising for the company Jack Wolfskin and it products and services, regardless of the medium (TV, including pay TV and pay-per-view, cinema, radio, print media, press, posters, catalogues, brochures, leaflets, internet, mobile communications, fixed-line network, OoH media etc.);

    - in connection with Jack Wolfskin digital media (multimedia), which includes, in particular, the right to publish the work results for the design of Jack Wolfskin's website, Jack Wolfskins's e-commerce and online services (VoD etc.) and use in Jack Wolfskin's social media;

    - the right to archive your video (or excerpts, amended versions thereof, etc.) in any form (including within an electronic database together with other works) and, in particular, to digitize it and to save all storage media that is either known or will become known as well as data carriers with other works or parts of works, or to reproduce or share these data carriers in any form.

    - to waive the requirement for Jack Wolfskin or any other company, to the greatest extent permitted under law, to cite you as the author of the work insofar as citing the author is not necessary according to compulsory statutory provisions.

  4. Jack Wolfskin is entitled to use the contractual rights for itself or to transfer them, in full or in part, to companies affiliated with Jack Wolfskin within the meaning of Sect. 15 of the German Stock Corporation Act (AktG). Furthermore, Jack Wolfskin is entitled to use the contractual rights in connection with advertising measures carried out together with cooperation, sponsoring and other advertising partners (in particular the Jack Wolfskin Franchise Store partners and other trading partners).

  5. By participating, you assure Jack Wolfskin that the contractual rights that have been transferred, will be transferred or rights transferred for use in accordance with these Terms and Conditions of Participation are free of third party rights and that you have not entered into any agreements with third parties which, for any reason, could conflict with the use of the contractual rights by Jack Wolfskin.

  6. By participating, you agree that Jack Wolfskin may use your name and place of residence free of charge (without being obliged to do so) when publishing your video. This right includes publishing your video for every form of advertising for the company Jack Wolfskin and its products and services, as well as for use in connection with your video being published, regardless of the medium (TV, including pay TV and pay-per-view, cinema, radio, print media, press, posters, catalogues, brochures, leaflets etc., internet mobile communications, fixed network, OoH media etc.).

  7. You transfer these contractual rights to us without any entitlement to compensation in return for the transfer and concessions in accordance with the preceding clauses.

Section 5 - DATA PROTECTION

Personal data (name, first name, email address and publicly available data) collected when participating in the competition is collected solely for the purpose of the competition. Participants have the right to revoke this permission and thus withdraw from the competition at any time by informing JACK WOLFSKIN Ausrüstung für Draussen GmbH & Co. KGaA, Jack Wolfskin Ring 1, 65510 Idstein, Germany, in writing or by emailing info@jack-wolfskin.com. If the participant revokes his or her consent, s/he is automatically withdrawn from the competition.

If you allow us to contact you for marketing purposes, this will not affect your chance of winning the competition.Otherwise, data protection conditions found here apply.

Section 6 - LIABILITY

  1. Participants do not automatically have the right to take part in the competition.
  2. Jack Wolfskin is not responsible for technical or any other failures, whether these be due to network, website, computer problems etc., which make it impossible to take part in the competition.
  3. Jack Wolfskin will not assume any liability for reasons which Jack Wolfskin is not responsible for, such as the winner's notification getting lost in the post and/or not arriving at the participant's given address and insofar as Jack Wolfskin or its vicarious agents have not acted with intent or there is a grossly negligent breach of duty.
  4. Jack Wolfskin is liable for compensation - for whatever legal reason - if acting with intent and gross negligence. In instances of ordinary negligence, Jack Wolfskin is only liable for claims resulting from injury to life, health or physical injuries, or in respect of claims pertaining to breaching a major contractual duty (i.e. those duties, the fulfilment of which enables the competition to take place in the first instance and the compliance of which the participants rely on); in this case, liability is nevertheless restricted to replacement of the foreseeable typical damage occurring.

Section 7 - ASSURANCE

By taking part in the competition, you are assuring that the personal details which you have provided have been truthfully given. You are required to let us know of any subsequent changes to your personal details during the course of the competition.

Section 8 - CHANGES TO THE COMPETITION

  1. Jack Wolfskin reserves the right to cancel, terminate or continue running the competition, albeit under different circumstances, at any stage without citing the reasons for doing so. Jack Wolfskin will let you and all other participants know about any changes. In case the competition is terminated or cancelled, or the circumstances surrounding the competition are changed, any compensation claims pertaining to costs incurred as well as claims for compensation are strictly ruled out.
  2. Jack Wolfskin grants the user the use of the websites in accordance with statutory terms and in line with the conditions pertaining to the enclosed terms of use in order to save, publish and transfer content or to share content with other users. Jack Wolfskin does not supervise the user and denies all responsibility pertaining to this content and shall not amend it. However, Jack Wolfskin will pursue at its own discretion any justified indications for any adversity concerning legal or general terms and conditions of such content on the websites and, where deemed necessary, shall take appropriate measures to end this state. In this respect, Jack Wolfskin has the right, in particular, to delete content from the platform at any stage, in part or in full, which has been posted by users without having to cite reasons for doing so or to forbid certain content from being uploaded.

Section 9 - EXCLUSION

In the event of a breach of these conditions of participation, Jack Wolfskin expressly reserves the right to exclude persons from taking part in the competition.

Section 10 - MISCELLANEOUS

  1. The judges' decision is final.
  2. The laws of the Federal Republic of Germany shall apply.
  3. The winners hereby agree to assume responsibility for any local taxes as well as all other fees or taxes which may become due, such as customs or fees applicable to the prizes.
  4. Where specific terms of these terms and conditions of participation become invalid or are incomplete, the validity of all other terms shall remain unaffected.