Conditions of Participation

Version: December 2024

This competition is organized by Zattoo AG, Basler Str. 60, 8048 Zürich, Tel. +41 43 500 21 00, Fax +41 43 500 21 11, e-mail: info@zattoo.com. The raffle is open for participation from 02/01/2024 to 31/01/2024. Participation in this raffle is comply with the following conditions of participation, which the participant recognizes as binding on them by participating in the raffle.

§ 1 Eligible participants

(1) Natural persons of legal age with full legal capacity who have their permanent place of residence in Austria may participate in the raffle. Each participant may only take part under their own name and with only a single entry.

(2) Subject to statutory provisions, persons with limited legal capacity are generally eligible to participate. In this case, those with limited legal capacity must obtain the written consent of their legal guardian to participate (see Section 5 (2)). The legal guardian accepts the conditions of participation as binding when they grant such consent.

§ 2 Exclusion from participation and non-consideration

(1) Legal representatives and employees of Zattoo AG, all cooperation partners involved in this raffle, any companies legally affiliated with them, their relatives by blood and marriage, and anyone who is in any way directly or indirectly professionally involved in organizing this raffle are not eligible to participate.

(2) Whoever gives false information about themselves or who violates the conditions of participation will be excluded from participation. Zattoo AG may exclude these participants simply on the basis of justified suspicions.

(3) Participants may not enter the raffle using competition registration and entry services, and such services will not be recognized.

(4) Persons who are not eligible to participate or those who violate the conditions of participation are not entitled to receive a prize if it is awarded to them.

§ 3 Participation requirements

(1) Persons may only participate in the raffle by successfully signing up for a Zattoo Ultimate free month trial. Participation by any other means (by submitting entries by mail, to other company e-mail addresses, etc.) will not be accepted. The information provided at the time of registration for the Zattoo Ultimate free month trial, such as e-mail address and date of birth, will be processed temporarily for purposes of conducting the competition. You can find more details on how we process your data at http://zattoo.com/company/privacy/.

(2) Participation in the competition is free. However, the participant must cancel the automatic extension of their free month trial to a monthly Zattoo Ultimate subscription (€14.99/month) in their online account. The subscription may be canceled at any time.

(3) Multiple participation entries by a single person are not permitted.

§ 4 Changes and early termination of the raffle

(1) Zattoo AG may cancel the raffle in its entirety without needing to issue prior notice or provide justification if (i) as a result of a change in the legal situation or case law or due to a legal injunction or (ii) for technical reasons (e.g., tampering, hardware and/or software errors, etc.) the conditions needed for the proper continued conduct of the raffle cannot be ensured.

(2) Any winner who may be selected has no legal standing by virtue of this to file claims against Zattoo AG or any of its legally affiliated companies.

§ 5 Determination of the winners and transaction of the raffle

(1) The winners will be selected from the pool of participants. The winners will be determined by Zattoo AG, its employees, vicarious agents, or commissioned third parties randomly. Zattoo AG will not be held liable to these persons for minor cases of negligence when determining the winners.

(2) If a participant is chosen as a winner, they will be notified by e-mail. If the participant provided an incorrect or incomplete e-mail address, Zattoo AG is not obliged to research their correct contact details. The winner must notify Zattoo AG within 14 days after the notification of the prize according to the procedure described in the notification indicating whether they will accept the prize or not. If this deadline is not met, Zattoo AG may draw a new winner and award the prize to someone else. The winners may be asked to confirm their acceptance of the prize. If a winner has only limited legal capacity, then the legal guardian may be requested to provide their acceptance (in writing). If this acceptance is not provided, Zattoo AG may award the prize to a newly drawn winner.

(3) The prize includes an Amazon Fire TV 4 Series Smart TV with 55 inch (140 cm) 4K UHD or one of 2 Amazon Fire TV Stick 4K Max. Zattoo AG will contact the winner directly via e-mail and clarify how they would like to receive the prize.

(4) Zattoo AG hereby indicates that the prize may generally not be exchanged for other prizes or payment in cash that might be requested by the winner.

(5) All operating, ancillary and/or follow-up costs and other services that are incurred by winning the prize must be borne by the winner alone. Under no circumstances Zattoo AG won't be required to cover these costs.

(6) Any claims for compensation by the initially drawn winner who is unable to accept the prize for a reason are hereby excluded by Zattoo AG.

§ 6 Data protection

(1) Participation in the raffle is only allowed if the participant provides certain mandatory information (such as an e-mail address). If the participant does not consent to the use of their data for promotional purposes, their data will cease to be used for promotional purposes two weeks after the competition has ended at the latest. The data will not be transmitted to third parties unless otherwise stipulated in these conditions of participation.

(2) The information provided by the winner will be transmitted to the respective cooperation partner (Section 5 (3)) for purposes of processing the delivery of the prize. The winner therefore consents to the use of their data exclusively for the purpose of processing the delivery of the prize.

(3) Any revocation of consent must be submitted in writing (e.g., by letter, fax, or e-mail) to Zattoo AG, Baslerstrasse 60, 8048 Zurich, Tel. +41 43 500 21 00, Fax +41 43 500 21 11, e-mail: info@zattoo.com. A revocation has no effect on the chance of winning, unless the revocation expressly specifies the person's withdrawal from the competition.

§ 7 Liability

(1) After the competition within the meaning of Section 5 of these Conditions of Participation has been completed, Zattoo AG is released from any further obligation.

(2) Insofar as the winner presents claims in connection with the received prizes, these should, insofar as legally permissible, first be filed against the cooperation partner of Zattoo AG. If Zattoo AG has any claims against the cooperation partner, these are deemed to have been assigned to the winner.

(3) Zattoo AG may only be held liable for intent and gross negligence as well as for minor acts of negligence in the event of a breach of its cardinal obligations. This does not apply to injuries to body, life, and health and claims under the German Product Liability Act (Produkthaftungsgesetz). However, Zattoo AG will not be liable to participants who are excluded or not taken into account in accordance with Section 2 of these Conditions of Participation.

(4) All information provided by Zattoo AG is provided without warranty, and this provision applies in particular to the publication of the names of the winners.

(5) In principle, Zattoo AG is not liable for technical failures or the availability of the offer, unless it is guilty of willful intent or gross negligence. This applies in particular to technical failures related to the computers, connections, networks, etc., which are used by the participant to enter the raffle before the entry is received by Zattoo AG.

(6) Zattoo AG assumes no liability for damage caused by the participant and is released from all claims by third parties.

§ 8 Complaints

Complaints by raffle participants must be submitted in writing within 14 days of when they learn the reason for their complaint. The complaint must specify the name of the raffle so that this can be taken into account.

§ 9 Miscellaneous

(1) The ruling of the court is final.

(2) The competition is subject to Austrian law.

(3) If individual provisions of these conditions of participation are found to be or become invalid, the validity of the remaining conditions of participation will remain unaffected. The respective statutory provisions will be substituted for the invalid provision.