General terms and conditions
General terms and conditions for the use of marktguru — “User terms and conditions”
1. Scope
Marktguru is an offer from marktguru Deutschland GmbH, Sendlinger Strasse 23, 80331 Munich (”marktguru Germany GmbH“). The MarktGuru offering enables Internet users to research offers, promotions and products from various brochures and advertising supplements from registered retailers, vendors and other third parties (”vendors“).
These general terms and conditions (”User terms and conditions“) apply to the use of the MarktGuru website, the mobile MarketGuru platforms such as but not exclusively applications for mobile devices (together”platforms“) and the services offered there by marktguru Deutschland GmbH (platforms and all services together”MarketGuru offer“). The user terms and conditions apply to visitors to the platforms or users of the MarktGuru offer (visitors and users together”user“).
The user terms and conditions apply in principle in the version that is available online at the time of a user's specific visit to one of the platforms. By using the MarktGuru offer, the user declares his full agreement to these user terms and conditions. Otherwise, he is not allowed to use the MarktGuru offer.
If registration takes place in accordance with Section 10.1 below, the user terms and conditions apply in the version that the user agreed to upon registration. With regard to changes to the provisions of the user terms and conditions in these cases, section 13 applies.
2. Services provided by marktguru Deutschland GmbH
a. The MarktGuru offering is an independent and free information platform. On this page, users can find offers and promotions from providers from various industries in their area and research products and content from various brochures and advertising supplements. Since it is not possible to update the information in real time for technical reasons, the price, ranking, accuracy of the description of the product offerings, the availability of products and other information published via a platform (hereinafter “provider information”) may differ from current circumstances.
b. marktguru Deutschland GmbH therefore does not guarantee or guarantee the accuracy or completeness of the provider information. Liability under section 5 remains unaffected.
c. The providers offer their products to users in their own name and for their own account. The providers are responsible for the entire purchase process and the products they offer.
3. No responsibility for offers and content from third parties
a. marktguru Deutschland GmbH only provides third-party information to users. The products and offer information presented do not represent legally binding offers from marktguru Deutschland GmbH.
b. marktguru Deutschland GmbH can, if interested in buying, users of the MarktGuru offer, if available for the respective offer, go directly to the pages of the provider of the relevant offer. There are no purchases or other contracts with marktguru Deutschland GmbH in connection with the purchase of the products or services presented on the platform. Before concluding a contract with the respective provider, users are therefore advised to check all information relevant to the conclusion of the contract, its timeliness and accuracy once again in a specific individual case. Claims arising from such contracts cannot be made against marktguru Deutschland GmbH.
c. marktguru Deutschland GmbH provides banners and links to other sites on the Internet on its website. Responsibility for the linked site lies solely with the respective site operator. If marktguru Deutschland GmbH becomes aware of legal violations on a linked page, such link will be immediately removed from the affected platform.
4. Industrial property rights and copyrights
a. Company names, logos and/or product names used as part of the MarktGuru offer as well as trademarks of the respective companies, providers or manufacturers or their affiliated companies may be protected. The information presented (product information, etc.) is only intended to inform the user.
b. The software and database on which the platforms are based are protected by copyright. The provision of the MarktGuru offer for use does not constitute a waiver of copyrights. This also applies to rights to published texts, the design of the site and the logo used.
c. The user is not entitled to reproduce, copy, share, publish or otherwise use data and content from the platforms in any form, unless this is permitted under copyright law, for example for exclusively private use.
d. Commercial use of data in dealings with third parties is also prohibited; in particular use for any type of brokerage, commercial, information service business or for other transactions.
e. In particular, the use of computer programs to automatically read data is also prohibited. Printing out the information presented is only allowed for private purposes and only to the extent absolutely necessary for this purpose. Any use of the information presented for business purposes, in particular commercial use, is excluded. The user shall ensure that information used by him for private purposes is not used without authorization by third parties.
f. Any use not permitted in these user terms and conditions requires the prior, express, written consent of marktguru Deutschland GmbH.
5. Liability
a. marktguru Deutschland GmbH is fully liable for damage resulting from injury to life, limb or health.
b. With the exception of the cases mentioned in Section 5.a., Section 5.c. and Section 5.d., marktguru Deutschland GmbH is only liable in the event of intent and/or gross negligence on the part of marktguru Deutschland GmbH or one of its vicarious agents.
c. In the event of a breach of an essential contractual obligation (i.e. an obligation whose fulfilment makes the proper execution of the contract possible in the first place, whose breach jeopardizes the submission of the purpose of the contract and on whose compliance the customer regularly relies, so-called “cardinal obligation”), marktguru Deutschland GmbH is liable not only in the event of intent and gross negligence, but also in the event of simple negligence on the part of marktguru Deutschland GmbH or one of its vicarious agents. If the culpable breach of an essential contractual obligation is not intentional or grossly negligent, the liability of marktguru Deutschland GmbH is limited to such typical damages which were reasonably foreseeable at the time the contract was concluded.
d. The limitations of liability in accordance with this Section 5 apply to contractual and non-contractual claims. Liability based on guarantees expressly described as such and mandatory legal regulations, in particular based on the Product Liability Act, remains unaffected.
e. The limitations of liability in accordance with this Section 5 apply mutatis mutandis in favour of the representatives, employees, agents and vicarious agents of marktguru Deutschland GmbH.
6. Newsletter delivery
Users can sign up to receive the marktguru newsletter on a recurring basis. You can unsubscribe, among other things, directly by clicking on the corresponding unsubscribe link in the newsletter itself.
7. Data protection
Protecting the personal user data provided is very important to marktguru GmbH. Our therefore apply Data protection notices.
8. Online dispute resolution/ODR Regulation/ Contact point for users/ Contact point for authorities, the Commission and the Executive Board
a. Online dispute resolution in accordance with Article 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/ find. Our email address is: office@marktguru.de.
marktguru Deutschland GmbH is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
b. marktguru Deutschland GmbH hereby complies with its obligation to appoint a contact point in accordance with Art. 11 and Art. 12 of the Digital Services Act for Users and Authorities, the Commission and the Executive Board: office@marktguru.de
9. Account blocking/violation of user terms and conditions
In the event of a not insignificant violation by the user of one or more provisions of these user terms and conditions, marktguru Deutschland GmbH reserves the right, without prejudice to further legal action against the user concerned, to block the user's access to the MarktGuru offer in whole or in part and — if there is a registered user account in accordance with Section 10 — to temporarily or permanently block or delete the user profile of the user. If you have any questions about this or if the user account is blocked accordingly, users can send an e-mail to office@marktguru.de turn around.
10. Special conditions for participation in the cashback system
In addition to the services described in section 2 of these user terms and conditions, marktguru Deutschland GmbH offers an offline and/or online cashback system (”Cashback system“) on one or more of their platforms, where various products and services are credited with a sum of money (”Cashback“) are advertised. Users can use these products and services (together”Cashback products“) buy from certain providers. In case of proven (final) purchase of the cashback product and compliance with the conditions set out separately on the platform for each cashback campaign (”Promotion conditions“), users of marktguru Deutschland GmbH receive a cashback as internal credit in accordance with the following conditions, which they can have paid out if the payout requirements are met.
It is expressly pointed out that marktguru Deutschland GmbH is not involved in the contractual relationship between user and provider as the seller of the cashback product and, as a result, marktguru Deutschland GmbH has no obligation, responsibility or liability in connection with the contract between user and provider for the purchase of a cashback product. In particular, Marktguru Deutschland GmbH does not guarantee or guarantee the quality of a cashback product.
For users or the use of the cashback system, the following provisions apply in addition or (in the event of a conflict with sections 1 to 9 and 14 of these user terms and conditions). For cases of registration and participation in the online cashback system offered on the MarktGuru platforms up to December 31, 2022 and discontinued since then, apply in addition to these user terms and conditions, the terms and conditions of our former online cashback cooperation partner, Creative SHOPPING GmbH, Maternusstr. 44, 50996 Cologne, which can be found at this link here are available.
10.1. registry
a. Using the cashback system requires the user to register (free of charge) on the relevant platform and create a user account (together”registry“). The user is required to provide complete and accurate information when registering. If there are any changes to the information provided, the user must immediately inform marktguru Deutschland GmbH and, upon request by marktguru Deutschland GmbH, prove the accuracy of the stored data. In the event of incorrect information or lack of proof of the accuracy of the information, marktguru Deutschland GmbH is entitled to immediately block the respective user account. Multiple registrations by a user are not permitted in any way (for example, but not exclusively, the creation of different user accounts for one user, the creation of different user accounts by a user using the name of a third party, etc.). The use of the cashback system is only permitted for private purposes.
b. Registration is completed with appropriate confirmation from marktguru Deutschland GmbH and at the same time activates the user account. The user is not entitled to register and/or participate in the cashback system. Marktguru Deutschland GmbH can refuse registration at any time without giving reasons.
c. Registration must be made in your own name and not on behalf of third parties. Users also agree not to grant third parties access to their user account and not to work for third parties via the respective account.
d. The access data provided by marktguru Deutschland GmbH for the user account, as well as the password chosen by the user or assigned to him, must be kept secret by the user and may not be passed on to third parties. In the event of loss of data or suspicion of misuse, the user undertakes to report this immediately to marktguru Deutschland GmbH.
10.2. Deletion and termination of the user account
a. Users can request the deletion of the user account at any time and without giving reasons.
b. Marktguru Deutschland GmbH can duly cancel the registration or user account at any time with fourteen days' notice.
c. The right to terminate without notice for good cause remains unaffected. Important reasons include breaches by the user of his obligations under sections 10.1 and 10.3. as well as the abusive evasion or influence of the determination of cashback in accordance with the contract, in particular through technical tools or the incorrect submission of invoices or submission of manipulated invoices, as well as the corresponding attempt. If the MarktGuru offer or the cashback system is discontinued, marktguru Deutschland GmbH is also entitled to cancel without notice for good cause.
d. The termination must be made in writing or in text form (e.g. e-mail).
e. Information on the handling of personal data by marktguru Deutschland GmbH in the event of deletion or termination of the user account includes Data protection notices.
10.3. Cashback crediting and payout of cashback, credit limit and expiry
a. marktguru Deutschland GmbH offers the user the credit of a sum of money for certain cashback products marked accordingly on its platform. The exact promotional conditions, such as in particular the amount of cashback and the promotional period, vary and are published together with the advertised cashback product.
b. The user account registered and created in accordance with Section 10.1., is managed by marktguru Deutschland GmbH as a virtual credit account, which serves solely to credit cashbacks and cannot accept a negative balance. A deposit to the user account by the user or third parties is not possible; there is no interest on the balance in the user account. Payment of the credit amount is only possible to the bank account provided by the user.
c. Cashback can only be granted under the following cumulative conditions: If
- the user submits the claim for cashback during the term of the respective cashback campaign specified in the promotional terms,
- the user has effectively and finally purchased the cashback product during the term of the cashback campaign specified in the promotional terms and conditions and has not returned it and there is also no other redemption case within the meaning of paragraph 10.3. below (however, the date of purchase on the receipt is always decisive for the date of purchase during the term),
- the user submits the request for cashback to be credited only for the permitted number of cashback products specified in the promotional conditions. If no quantity is specified in the promotional terms, the user can only register the purchase of a single cashback product for crediting per cashback campaign; and
- In the case of an offline cashback campaign, the user has uploaded the invoice for the respective purchased product as a clearly recognizable photo via his user profile during the promotional period.
In addition, for banking reasons, cashback can only be granted up to an amount of EUR 49.99, which does not result in the crediting of the cashback blocking limit (see section 10.3.h. below) being exceeded on the user account. In addition, once the credit limit is reached (see section 10.3.g below), the expiry rule in section 10.3.g applies.
d. The user grants marktguru Deutschland GmbH comprehensive rights of use for the purposes of archiving the aforementioned photo (this includes, but not exclusively, the right to store, reproduce, edit and redesign). The user is obliged to keep the original invoice in his bank account until the cashback is paid out and to present it to marktguru Deutschland GmbH upon request.
e. The user is obliged to report to marktguru Deutschland GmbH in writing or in text form if the purchase of the cashback product is rescinded; for example, but not exclusively, in the event of cancellation or withdrawal from the contract with the provider or when the contract is cancelled (”Rescission case“). In the event of a refund, the user will not be credited with the cashback amount due to the purchase of the cashback product. If a refund has already been made, marktguru Deutschland GmbH will deduct the corresponding amount from the user's cashback balance. If the above amount has already been paid out, the user is obliged to repay this amount to marktguru Deutschland GmbH.
f. In order to prevent misuse, marktguru Deutschland GmbH is generally authorized to obtain information from providers about the continued existence of the contract between user and provider for the purchase of the cashback product (”infos“). This applies in particular but not exclusively in cases where the contract for the purchase of the cashback product is subject to the statutory right of withdrawal, for example because it was purchased online. In order to obtain the information specified in this section from the provider, marktguru Deutschland GmbH is entitled to forward the photo of the invoice or all information contained in the invoice to the provider in the event of an offline cashback campaign. This applies in particular but not exclusively to the invoice number, the product and, if applicable, the delivery address and the name of the user. The user hereby also expressly agrees that the provider will provide the above information to marktguru Deutschland GmbH. In the event of participation in an online cashback campaign, marktguru Deutschland GmbH is entitled to compare the information available via the online cashback system with that of the participating provider to prevent misuse.
g. Users can view the current status of their cashbacks in their user account and have their accumulated cashback balance paid out via bank transfer starting from a accumulated balance of EUR 5.00. Due to banking requirements, marktguru Deutschland GmbH is obliged to limit the total possible balance (consisting of cashback amounts and other credits, e.g. based on section 10.4.) in a user account to a maximum amount of EUR 49.99 (“credit limit”). Any additional amounts therefore automatically expire.
h. In order to ensure compliance with the credit limit, the user can no longer submit any further cashbacks after reaching a threshold of EUR 40.00 (“cashback blocking limit”) and his user account is blocked for a further cashback balance increase until he initiates a payout from his credit account. The user can avoid such a suspension and associated disadvantages (see paragraph 10.3.g. above) by arranging a sufficient payout in good time before the cashback limit of EUR 40.00 is reached. Marktguru Deutschland GmbH will send the user a message when a credit threshold of EUR 30.00 is reached or exceeded and the cashback limit of EUR 40.00 is reached using the contact details provided by the user during registration and will inform the user of the (imminent) consequence of blocking his user account for a further cashback balance increase until a payout has been made.
i. As a provider of the cashback system, marktguru Deutschland GmbH is only the user's point of contact as far as the cashback function is concerned. Only to the extent that the user has received an internal cashback credit from marktguru Deutschland GmbH in accordance with these user terms and conditions and can have it paid out if the remaining conditions are met, does the user have a (payout) claim against marktguru Deutschland GmbH.
j. Despite the continued existence of the user account, a cashback expires three years after the amount has been accrued. A cashback also expires if it has not been redeemed by the time the user account is deleted or registration is completed as a result of cancellation. Before it expires, marktguru Deutschland GmbH will inform the user twice in advance of the imminent expiry of the cashback using the contact details provided by the user during registration. The user can avoid the expiry of cashbacks by redeeming them in good time before the expiry date (i) and (ii) arranging for the credit to be paid out of their user account. In the event of a payout to avoid otherwise imminent expiry in accordance with this Section 10.3.j. contrary to Section 10.3.g. a payment of the accumulated balance is also permitted below the otherwise applicable payout threshold of EUR 5.00. The payout threshold is set to EUR 0.00 30 days before the credit expires.
10.4. “Invite friends” feature
a. As part of the cashback system, marktguru Deutschland GmbH offers the additional “Invite Friends” function. A user with an active account can invite other people to use the marktguru Deutschland GmbH app. If the invitee installs the app and successfully takes part in a cashback campaign (buy a product, upload receipt and successful redemption), both the inviter (previous user of the app) and the invitee (new user of the app) will receive the respective amount credited to their account. The reward will only be paid out once per invitee as soon as the criteria set out below are met.
b. The inviting user is shown a friendship code in the function page provided for this purpose in the marktguru app. He can copy this friendship code together with a referral link also generated by marktguru Deutschland GmbH and share it with other natural persons known to him via the technical channels available to the user. The user must not misuse or fraudulently use the friendship code and/or referral link and not for commercial activities, in particular for paid promotions. The user is also not allowed to publicly disseminate or publish the voucher code, whether in mass emails or short messages, in public forums or through other dissemination to people he does not know. The friendship code or referral link provided by marktguru Deutschland GmbH is forwarded exclusively by the user and on his initiative. The user is not acting on behalf of marktguru Deutschland GmbH.
c. If a person receives the friendship code sent by the user, he can only enter it after the app has been installed and a user account has been set up in the app.
d. As soon as the invitee has an active account in the marktguru Deutschland GmbH app, has activated the friendship code and has carried out his first cashback campaign in accordance with Section 10.3. of these User Terms and Conditions, both the inviter and the invitee will receive the amount announced at that time (the “Referral bonus”) credited to his user account. There is no right to credit amounts that would result in the credit limit of EUR 49.99 (see section 10.3.g.) being exceeded to the user account. These expire automatically.
e. Each invitee can only use a friend code once. The friend code must be entered by the invitee within 30 days of opening the account and the cashback campaign must be carried out in accordance with section 10.3 of these terms and conditions. After 30 days after the account has been activated, the friend code for the invitee loses its validity and can no longer be redeemed.
f. The “Invite friends” function is offered by marktguru Deutschland GmbH as a courtesy. marktguru Deutschland GmbH may suspend, terminate or change the “Invite Friends” function, the terms and conditions of the referral terms or the specific design at any time for any reason; this applies, for example, to the ability of a user to participate in the referral program, the amount of the bonus amount and the basic availability of the function.
g. In the event of a not insignificant violation of these conditions, marktguru Deutschland GmbH may reclaim or refund a referral bonus that has already been paid to the account of the existing user or the account of the invited friend. marktguru Deutschland GmbH reserves the right to block accounts if we discover activity that, in our opinion, is abusive or fraudulent or violates these conditions.
11. Special conditions for the use of “micro-jobs applications” (e.g. barcode scanner)
In addition to the services described in Section 2 of these User Terms and Conditions, marktguru Deutschland GmbH, on its own responsibility, offers functions for the provision of micro-jobs by the user that relate to the user's services for marktguru Deutschland GmbH. Currently, the offer is limited to the so-called “barcode scanner”, which allows users to send photos with bar codes of products and other related information (together “user material”) to marktguru Deutschland GmbH. Marktguru Deutschland GmbH reserves the right to offer further micro-jobs applications and/or to expand the barcode scanner if necessary, subject to these terms and conditions.
If complete transmission of user material is successful in accordance with this Section 11, users of marktguru Deutschland GmbH will receive compensation in the form of cashback as an internal credit balance in accordance with the following conditions, which they can have paid out if the payout requirements are met.
11.1 Registration/deletion and termination of the user account
Sections 10.1 and 10.2 of these user terms and conditions apply mutatis mutandis to registration, deletion and termination of the user account
11.2 Cashback crediting and payout of cashback; credit limit and expiry
a. After successful processing of the user material by marktguru Deutschland GmbH, the user receives compensation in the form of a so-called cashback for the
b. Cashback for Micro-Jobs applications can only be granted under the respective conditions shown in the interface.
In addition, for banking reasons, cashback can only be granted up to EUR 49.99, which does not mean that the credit will result in the cashback blocking limit (see section 10.3.h. above) being exceeded on the user account. In addition, once the credit limit is reached (see section 10.3.g. above), the expiry rule in section 10.3.g above applies.
c. The user grants marktguru Deutschland GmbH comprehensive rights of use, evaluation and archiving of user material (this includes, but not exclusively, the right to store, reproduce, edit and redesign).
d. In addition, clauses 10.3.g. to 10.3.h and 10.3.j. apply accordingly to the cashback for the use of barcode scanner.
12. Special conditions for participation in competitions
In addition to the services described in section 2 of these user terms and conditions, marktguru Deutschland GmbH offers competitions that expressly refer to these user terms and conditions. This section 12 of the user terms and conditions applies to these competitions.
As far as it is a Facebook competition, the following applies: All information in this competition is provided exclusively by marktguru Deutschland GmbH and/or the prize sponsor. Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, (“Facebook”) is in no way associated with this competition and does not sponsor, support or organize this competition. There are therefore no legal claims against Facebook.
As far as it is an Instagram competition, the following applies: All information in the context of this competition is provided exclusively by marktguru Deutschland GmbH and/or the prize sponsor. Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, (“Instagram”) is in no way associated with this competition and does not sponsor, support or organize this competition. There are therefore no legal claims against Instagram.
12.1 Sweepstakes
a. The participation period for the competition (hereinafter”Promotion period“) can be found directly in the competition.
b. Insofar as the competition mechanism differs from the mechanisms described in Section 12.4, this, including the opportunity to participate, will be described immediately at the competition entry window.
If participation is via facebook and/or instagram is possible, participation in the competition is carried out in accordance with the description in the competition entry window
a) either by using a Facebook or Instagram application (hereinafter referred to as “application”). This application, which is connected to Facebook or Instagram, can be installed free of charge in the participant's respective profile. After the participant has activated the “Like” button, they can participate in the competition by answering the competition question asked;
b) or directly on the organizer's Facebook website, in such a case, the participant can take part in the competition by posting on the Facebook page under the competition post Facebook.com/Marktgurude/ or on the Instagram page https://www.instagram.com/marktguru_deutschland/ a) answers the competition question with a comment; b) posts pictures/contributions; c) “liked” the contribution, etc. If the participant uploads pictures, videos or texts as part of a post and/or comment, the participant guarantees that the organizer is the legal owner of the necessary rights. The recorded time is decisive for the time of participation. Replies/posts/comments/likes that were not submitted within the promotional period will not be considered. Neither the organizer, Facebook, Instagram nor the cooperation partners (as defined below) are responsible for any delays in submitting or transmitting the answer and participant data.
c. The prizes in the competition are provided by various partners (hereinafter referred to as “prize sponsor”), so that marktguru Deutschland GmbH only awards the prizes on behalf of the prize sponsors. This does not oblige marktguru Deutschland GmbH to provide its own services, unless marktguru Deutschland GmbH is itself a sponsor of the prize in a specific case. The awarder in accordance with Section 657 BGB and therefore solely responsible for all claims relating to the prizes awarded is otherwise the respective prize sponsor.
12.2 Participants
a. Unless otherwise stated, persons who have reached the age of 18 are eligible to participate in the competition. Minors under 18 years of age are excluded from participation. There will be no distribution of profits to minors whose participation is expressly excluded.
b. Participation in the competition and the distribution of prizes are limited to participants with a registration address in.
c. The participant is solely responsible for the accuracy of the data provided for participation in the competition (including the relevant data in the participant's corresponding Facebook account or Instagram account). All personal information must be truthful. Otherwise, you may be excluded from the competition in accordance with Section 12.3.
d. Each participant may only participate in the competition once. Multiple participations are excluded. marktguru Deutschland GmbH reserves the right to exclude participants from the competition in the event of multiple participation in accordance with Section 12.3.
e. There is no right to register for the competition or to participate in the competition.
12.3 Exclusion from the competition
a. Employees and members of ProSiebenSat.1 Media SE and all subsidiaries/holdings, in particular including marktguru Deutschland GmbH, as well as the participating providers and prize sponsors are excluded from participation.
b. In the event of a violation of the conditions of participation in Section 12, marktguru Deutschland GmbH reserves the right to exclude persons from the competition and not to distribute or subsequently withdraw and reclaim prizes.
c. Persons who use unauthorized tools or otherwise gain advantages through manipulation are also excluded. In these cases, profits may also be withdrawn and reclaimed retrospectively.
d. Anyone who provides false information about himself or takes part in the competition several times is also excluded.
12.4. Carrying out and managing the competition
a. During the campaign period, participants will be asked a competition question. Participants can choose between predefined answer options. All prizes are presented on the competition page. At the end of the campaign period, the winner (s) will be selected by drawing lots from all participants who have answered the competition question correctly. In the event that fewer participants have correctly guessed than the prizes available, the remaining prizes will be raffled off among all participants in the competition regardless of the answer given.
Participation options, participation rules, prize draws, etc. that deviate from this competition mechanism will be explained to the participant immediately when they enter the competition form. In such a case — unless otherwise described there — only these deviating regulations apply.
b. Winners will be notified in writing after the competition has ended. The transfer of prizes will then be carried out in direct contact between winner and prize sponsor in accordance with the following conditions for notification of the prize and forfeiture of the prize in Sections 12.4. and 12.5. If the competition is organized directly on Instagram, the winners will be notified by the organizer via the respective winner's Instagram profile after the competition has ended. Alternatively, the winners can also be announced after the competition has ended via the Instagram profile of marktguru Deutschland GmbH. Each winner must then contact the Instagram page of marktguru Deutschland GmbH with their real name within 4 working days of receipt of the prize notification on their Instagram profile or announcement of the winner in the organizer's Instagram profile. If a winner does not get in touch within this period, the prize will be forfeited.
c. The item presented as a prize as part of the competition is not necessarily the same as the item won. Rather, there may be minor deviations in terms of manufacturer, model, color, etc. The prize sponsor reserves the right to select an item of medium type and quality as the prize.
d. The prizes in kind (with the exception of motor vehicles and travel) will be sent by the prize sponsor or a third party commissioned by him by freight forwarding, parcel service or post to the postal address provided by the winner. Delivery is free within the Federal Republic of Germany. Any additional transport costs and duties will be borne by the winner. Despite payment of shipping costs, the place of performance remains the seat of the prize sponsor. In the event that the delivery is made by a shipping company, the carrier will contact the winner to arrange a delivery date. Delivery is usually between 8:00 a.m. and 6:00 p.m., Monday to Friday. The winner must also provide an alternative address in his immediate vicinity to which the prize can be delivered in his absence. If the shipping company does not meet anyone either at the winner's address or at the alternate address, a message will be left. The winner must bear the costs of a new delivery himself.
e. In the event of a motor vehicle prize, the prize sponsor will name the motor vehicle dealer responsible for the handover. If the winner is eligible to participate in accordance with Section 12.2. a., it is pointed out that the consent of the legal guardian is required for admission to the winner. If the car is not picked up within the period set by the price sponsor or the car dealer, the profit will be forfeited. All costs caused by the registration and collection of the vehicle, as well as all other follow-up costs (insurance, taxes, fuel, repairs, etc.) are borne by the winner. The same applies to motorcycles and comparable prices.
f. Travel prizes are settled between the winner and the respective prize sponsor or a tour operator commissioned by the latter. There is no entitlement to a specific travel date. If the trip is not carried out on the date or period specified in the competition, there is no longer any claim to the prize. Once the trip is confirmed, the winner is subject to the organizer's travel conditions. Travel to and from the starting point of the trip (airport, train station, etc.) is at the winner's expense, unless otherwise stated in the competition or expressly agreed. The same applies to all private costs that arise during the trip (minibar, telephone, etc.). The value of the trip in the award text relates to the most expensive travel time and is therefore subject to seasonal deviations and currency fluctuations, depending on the time of provision and use of the trip. The winner acknowledges this and agrees that compensation of any difference in value is excluded in any form.
g. If the transfer of the prize is not possible or only possible under unreasonable circumstances, the winner will receive an equivalent replacement. The winner will also receive an equivalent replacement if the original prize in the presented version is no longer available (model change, seasonal goods, etc.).
h. Cash payment of winnings or any profit replacement is not possible under any circumstances.
i. In principle, the claim to profit or compensation cannot be assigned.
j. Complaints relating to the conduct of the competition must be addressed in writing to marktguru Deutschland GmbH within 14 days of becoming aware of the reason. Complaints submitted by telephone or late will not be dealt with. Questions, complaints and claims relating to the prizes must be made exclusively against the respective prize sponsor.
12.5. Expiration of profit
Unless otherwise stated in these terms of participation in section 12, the winner is required to report within four (4) weeks of sending the notification. Otherwise, the right to the prize expires. Unless otherwise stated in these conditions of participation, a new winner will be drawn by drawing lots in these cases. The claim for the prize also expires if the transfer of the prize cannot be made within four (4) weeks of the first notification of the prize for reasons relating to the winner. For motor vehicle profits and travel profits, the different deadlines set out in Sections 12.4. e. and f. apply.
12.6. Early termination of the competition
marktguru Deutschland GmbH reserves the right to cancel or end the competition at any time without notice and without giving reasons. marktguru Deutschland GmbH makes use of this option in particular if, for technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or for legal reasons, the proper execution of the competition cannot be guaranteed.
12.7 Data protection
a. Insofar as the competition is not organized directly on Facebook or Instagram, it is essential to register for the corresponding competition in the competition participation mask by providing various data (hereinafter also referred to as “registration data”). In Facebook competitions, participation is possible via the participant's registered Facebook account. In Instagram competitions, participation is possible via the participant's registered Instagram account.
b. marktguru Deutschland GmbH processes the participant's data provided during registration for the duration of the competition for the purpose of running and processing the competition and transmits this to the respective prize sponsor or to the agency supervising the prize sponsor for the aforementioned purpose.
c. All personal data of participants is processed by marktguru Deutschland GmbH in accordance with legal regulations. For more information on the processing of personal data by marktguru Deutschland GmbH, see Data protection notices.
12.8. erasure
You can request deletion of your registration data at any time (e.g. by sending an email to support@marktguru.de). If you do this before the competition has been completed in full, you will withdraw from participating in the competition.
12.9. liability
a. marktguru Deutschland GmbH is released from all obligations upon fulfilment or handing over of the profit, unless an earlier date results from these regulations.
b. Claims due to possible material and/or legal defects in the prizes donated by the prize sponsors must be made exclusively against them.
c. marktguru Deutschland GmbH is not liable for the insolvency of a prize sponsor and the resulting consequences for the conduct of the competition.
d. In the event of travel gains, marktguru Deutschland GmbH is also 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 possibility of paying out the travel value is excluded.
e. Section 5 of the User Terms and Conditions also applies.
SECTION 12.10. miscellaneous
Legal recourse is excluded.
13. Amendment to user terms and conditions
a. marktguru Deutschland GmbH reserves the right to change the user terms and conditions with effect for the future, insofar as this does not affect essential provisions of the contractual relationship (in particular those relating to the duration of the agreed services or their nature and scope, including the termination regulations) and these changes are necessary in order to be able to take account of developments that were unforeseeable by marktguru Deutschland GmbH (such as changes in the legal situation or supreme court case law, fundamental changes in market conditions, which lead to a so-called disturbance of the basis of the transaction) and failure to take them into account would lead to a fundamental disruption of the contractual relationship. In addition, changes can be made to close regulatory gaps that have arisen after the conclusion of the contract.
b. In all of the above cases, marktguru Deutschland GmbH will announce the planned changes to the user terms and conditions in writing to all affected, registered users in advance. The user can either accept or refuse to accept the changes before the effective date. The changes are considered accepted (“fiction of consent”) if the user does not object in writing or in text form within six weeks of notification of the change. In the event of any change in accordance with this Section 13, marktguru Deutschland GmbH will expressly inform the user of the legal consequences of the fiction of consent.
c. marktguru Deutschland GmbH reserves the right to make formal adjustments, editorial changes and updates to the hyperlinks at any time without prior notice.
d. Changes made in accordance with this Section 13 will not incur any additional costs for the user.
14. Miscellaneous
a. German law applies to the exclusion of the UN Sales Convention (CISG of 11.04.1980) and the conflict of law rules of international private law. If the user has concluded the contract as a consumer, the mandatory consumer protection regulations apply in the state in which the user has his habitual residence, provided that they grant the user further protection.
b. If the user is a merchant, the place of jurisdiction is Munich. marktguru Deutschland GmbH is, however, also entitled to sue the user at his court of residence. In the case of a contract with a consumer, the place of jurisdiction is Munich if, after conclusion of the contract, the user relocates his place of residence or usual place of residence outside the scope of the Federal Republic of Germany. This also applies if the Internet user's place of residence or habitual residence is unknown at the time the action is brought.
c. Should individual provisions of the user terms and conditions be or become invalid, the validity of the remaining provisions remains unaffected.
Status: 02.10.2023, Munich