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Competition Rules

Pollmeier Massivholz GmbH & Co. KG (hereinafter "POLLMEIER") represented by Pollmeier Massivholz Verwaltungs GmbH, which is in turn represented by the Managing Director Ralf Pollmeier, Pferdsdorfer Weg 6, 99831 CreuzburgImpressum , is holding a photo campaign in the form of a competition, for which the following Rules shall exclusively apply:

Art. 1 - Competition Entry and Duration

  1. A participant is considered to be entered in the competition, when he uploads a photo of a product, an object, a design or a project in connection with the use of beech wood together with a brief verbal description of this photo onto the specially established web page www.european-beech.com for the duration of the competition, when he furthermore correctly completes and returns the automatically opened competition registration form and thereby expressly accepts the Competition Rules. Where no connection with the use of beech may be seen from the photo or the brief description, the photo shall be excluded from the competition and removed from the web page by POLLMEIER.
  2. All persons over the age of 18 may compete. Persons under the age of 18 must obtain the written permission of their legal guardian beforehand and submit such proof of permission to POLLMEIER. In the event of winning, a prize shall only be given to a minor with the approval of the legal guardian. Employees of POLLMEIER and of Pollmeier Massivholz Verwaltungs GmbH as well as directors of these companies and all first and second degree family members of the employees and directors are prohibited from competing.
  3. The competition begins on 01.12.2007 and ends on 30.10.2008.
  4. POLLMEIER reserves the right to suspend or discontinue this competition at any time and without prior notice. POLLMEIER shall in particular avail of this right, in the event that for technical reasons (e.g. viruses in the computer system, manipulation or hardware or software errors) or for legal reasons, the proper performance of this competition cannot be guaranteed. Where such a discontinuance is caused by the actions of a participant, POLLMEIER may claim compensation from this person.

Art. 2 - Exclusion from Competition

  1. Any participant not entitled to compete on the grounds of non-fulfilment of Art. 1, para. 2 of these Rules, he shall be excluded from the competition. Photos entered by such ineligible participants and the votes made in their favour shall not be taken into consideration.
  2. Only one photo per competitor may win. If a participant enters more than one photo, only the photo with the highest number of points, in accordance with Art. 3, para. 1 of these Rules shall be taken into consideration.
  3. In the event that a person violates these rules, POLLMEIER reserves the right to exclude that person from the competition.
  4. Those availing of unpermitted expedients or those who obtain advantages by manipulation shall also be excluded. Where prizes have already been awarded, these may be disallowed and their return may be demanded.
  5. POLLMEIER reserves the right to delete or reject certain photo entries. These entries will not take part in the competition. POLLMEIER shall in particular reject or delete photos with content, which glorifies violence, or content of a racist, pornographic or otherwise offensive or illegal nature. This condition also applies to the accompanying descriptions.

Art. 3 Implementation and Procedure

  1. The competitor's uploaded photo and description shall be published on the web page www.european-beech.com. From this point in time until the end of the competition, the photo may be evaluated. The evaluation shall be made by awarding points on a scale of 0-5 - the evaluation criteria are subjective. Negative points may not be awarded. Only one evaluation for each photo may be given by each competitor or user. The winner shall be the competitor who, at the end of the competition as specified at Art. 1, para. 3 of these Rules, has received the most points.
  2. In the event that the competition is discontinued prematurely, as outlined in Art. 1, para. 4 of these Rules, there shall be no winner.
  3. The three competitors who have obtained the most points for their photos during the competition term shall be declared the winners. The three winners shall receive the following prizes: 1st place = €2,500 plus an invitation for 2 people to the awards-ceremony in Creuzburg/Eisenach including travel expenses and 2 nights' accommodation; 2nd place = iPod + JBL radial loudspeakers; 3rd place = espresso machine "Nespresso LeCube EN185". POLLMEIER reserves the right to withdraw said prizes and replace them with prizes of equal or higher value. Competitors may win only one prize. Prizes are not transferable. Prizes cannot be exchanged for money or cash payment.
  4. The winners shall be notified by POLLMEIER in writing or by telephone and their names shall be published on the web page www.european-beech.com. The competitors and winners expressly agree to such publication. POLLMEIER has the right to pass on the winners' details to third parties for the purpose of delivering the prizes.
  5. POLLMEIER shall be fully responsible for the performance of the competition and the selection of the prizes. The delivery conditions for delivering the prizes shall also be at POLLMEIER's discretion.
  6. Complaints with regard to the performance or procedure of the competition or against a competitor are to be made in writing to POLLMEIER within 14 days of the complaint arising, citing the competition. Complaints made by telephone or made late will not be processed.

Art. 4 Data Protection and Picture Copyright

  1. POLLMEIER shall place the uploaded pictures onto the web page www.european-beech.com and shall use the photosprimarily for the purpose of running the competition. POLLMEIER, however, also reserves the right to use certain photos for its own purposes (in particular in connection with advertising). As such, the competitor herewith grants to POLLMEIER the exclusive right of use of his uploaded photo, without time and spatial limitation, and free of charge. This right of use shall include all known types of use, including the right to process, alter and expand the photos and the right to grant simple rights of use to third parties.
  2. The competitor gives the assurance that no third parties hold rights to the uploaded photo. The competitor further gives the assurance that he has not granted rights of use on the uploaded photo to any third party and that he is the exclusive holder of all other rights to the uploaded photo. The competitor further declares that any individuals who may be visible on the uploaded photo have given their permission for the publication of the photo on the web page www.european-beech.com and for POLLMEIER's own use of the uploaded photo as specified in para. 1. Should any claims with regard to third party rights be made against POLLMEIER, the photos in question shall be removed without delay from the web page www.european-beech.com and shall not be used for any future advertising; the competitor shall be excluded from the competition. POLLMEIER expressly reserves the right to claim compensation against the competitor in such or similar cases.
  3. The competitor's details will be used by POLLMEIER exclusively for the performance and implementation of the competition and in order to exercise the rights of use granted.

Art. 5 Liability

  1. POLLMEIER shall be released from all obligations once the prizes have been handed over, provided that the competition has not been discontinued prematurely as specified in Art. 1, para. 4 of these Rules. POLLMEIER accepts no liability for any defective title or material defects with regard to the prizes.
  2. The announcement of the winners shall be without guarantee.
  3. POLLMEIER shall accept liability only for such losses as have been incurred by POLLMEIER or one of its agents through a deliberate act or gross negligence of contractual obligations (so-called cardinal obligations). This shall not apply to losses arising out of injury to life, limb and/or health. Rights as defined under the Product Liability Act remain unaffected. The foregoing disclaimer shall in particular apply to losses which may be incurred through errors, delays or interruptions in transmission, by disturbances to technical systems and services, by incorrect content, loss or deletion of data, viruses or by any other means arising out of participation in this competition.

Art. 6 Legal Process and Miscellaneous

  1. The judge's decision is final.
  2. These Competition Rules are governed solely by the laws of the Federal Republic of Germany.
  3. Where individual provisions of the Rules are or become invalid, the validity of the remaining provisions shall be unaffected.
  4. These Competition Rules may be altered at any time by POLLMEIER without notice.

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