Conditions of participation for the "Photo of the Month" competition

These conditions of participation and data protection information (collectively referred to as "conditions of participation") apply to participation in the "Photo of the Month" competition (hereinafter referred to as "competition"). Participation is conditional on acceptance of these Terms and Conditions of Participation. By participating, the participant (meaning persons of all gender identities) declares that they accept the Terms and Conditions of Participation.

1. Organizer

The organizer of this competition is Mercedes-AMG GmbH, Daimlerstraße 1, 71563 Affalterbach ("Organizer").

2. Eligibility to participate

2.1. In order to participate in the competition, the eligible participant must be a member of the "AMG Owners" group within the term of the competition. Employees of the organizer and their sales organization as well as their relatives, suppliers and implementing agency employees are excluded from participating in the photo contest.

2.2. Participation with fake identities or identities of third parties is not permitted.

2.3. Multiple participation is not permitted and will result in the exclusion of the participant.

3. Participation

3.1. In accordance with a motto defined by the AMG Private Lounge, the participant must photograph their vehicle accordingly and send a photo to the email address amg-privatelounge@mercedes-benz.com within 14 days. In addition, in order to actively participate, they must post their photo in the AMG Owners group. This competition is open to all AMG Private Lounge members who meet the above requirements and who have not been temporarily or permanently excluded from the AMG Private Lounge in accordance with the General Terms and Conditions of Use. The timely fulfillment of all participation requirements is decisive.

3.2. There are no other options for participation.

3.3. Participation in the competition is free of charge.

3.4. To participate in the photo contest, it is mandatory that the submitted photo has a minimum resolution of 300dpi and is taken in landscape format. In addition, the photo must be submitted in JPEG format, as a TIFF file, as a HEIC file or PNG.

3.5. A maximum of one submission per participant is permitted.

3.6. The organizer expressly points out that participants must comply with all laws, in particular the German Road Traffic Regulations (StVO), and must show particular consideration for other people, animals and nature when taking photos. In addition, participants should not put themselves in danger for a motif.

4. Creative Content

4.1. By uploading/submitting creative content (e.g. photo, film or audio material, drawings, hereinafter "the material"), the participant warrants that he/she holds the necessary copyrights and other rights (e.g. trademark rights, personality rights). Furthermore, the participant warrants that any persons depicted in the material agree to its publication. In the case of persons under the age of 18, the consent of the legal guardian shall apply. If one of the persons depicted revokes their consent to the use of the content, the participant is obliged to inform AMG of this immediately. In this respect, the participant shall indemnify AMG on first demand against all third-party claims, in particular for data protection, copyright, personality and trademark infringements, which are asserted against AMG in connection with the use of its content. The indemnification claim also includes a claim by AMG for compensation for ‘’incidental costs’’ incurred by AMG in connection with third-party claims, e.g. legal costs, expert costs.

4.2. The participant grants the organizer and its affiliated companies in accordance with §§ 15 ff. AktG (German Stock Corporation Act) a non-exclusive right, unlimited in time and space and transferable and sublicensable to third parties, to edit, reproduce, distribute, exhibit, publicly reproduce and archive the material for documentation and commercial purposes. The aforementioned exploitation rights are granted irrespective of the transmission and reproduction channels; they include in particular the right to reproduce, distribute and publicly display on the intranet, internet (incl. social media), internal/external digital media, forwarding to the press and other media as well as printed advertising materials.

4.3. The participant expressly waives his/her right to be named as the author.

4.4. The transfer of rights of use and the waiver of the right to be named as the author shall not constitute an obligation on the part of the organizer to pay remuneration.

5. Duration of the competition

5.1. The contest begins on March 22, 2024 at 00:00 (CET) and ends on December 31, 2024 at 23:59 (CET). The photo contest will take place on a monthly basis. Accordingly, the AMG Private Lounge will announce new mottos at this time, in which those eligible to participate can take part again. After the announcement of the motto, participants have 14 days to send in their photo and to post it. Submissions and postings after the deadline will not be considered.

5.2. Attempts to participate after completion cannot be considered.

6. Profit

6.1. The prize consists of the dispatch of the photo after the winning photo has been hung up on the premises of Mercedes-AMG GmbH in Affalterbach. The photo will be printed with the winner's username and country of origin.

6.2. Each winner will only receive one of the prizes listed.

6.3. If the prizes specified in 6.1. cannot be awarded for reasons for which the organizer is not responsible, the respective winner shall accept an appropriate substitute prize.

6.4. Distribution of the prize in cash is excluded. The prize cannot be exchanged and is not transferable to other persons.

6.5. The winner is responsible for ensuring that the conditions for accepting the prize are met.

6.6. The prize may not be sold. Any violation of this rule will result in exclusion from future participation.

7. Determination of profits and further procedure

7.1. The winners will be determined monthly by a jury at its own discretion from all valid entries. The winners are determined on the basis of a pre-selection and then anonymously by an internal AMG jury. The winning photo will then be shared and revealed in the "AMG Owners" Private Lounge group. The winning photo will also be printed and hung up at the Mercedes-AMG GmbH premises in Affalterbach. The photo will be printed with the winner's username and country of origin.

7.2. The winners will be notified by e-mail after the end of the competition and by December 31, 2024 at the latest.

7.3. In order to hand over the prize, it is mandatory to provide a shipping address by e-mail after notification of the prize. The prize will only be sent to a private address (not to a PO box, packing station or similar).

7.4. The prize will then be sent to the specified shipping address. The risk is transferred to the winner when the prize is handed over to a carrier. The organizer is not responsible for delivery damage.

7.5. The winner is responsible for ensuring that the conditions for accepting the prize are met.

7.6. It is intended to publish a winning photo.

7.7. If the winner does not respond as described in section 7.3 within 3 days of the announcement, the organizer is entitled, but not obliged, to select a new winner as described above.

7.8. In the event that the winner does not accept the prize, the organizer is entitled, but not obliged, to select a new winner as described above.

8. Consent and naming and visibility

By participating in the competition, the participant agrees to be named on the organizer's communication channels (e.g. website, social media channels) for the purpose of reporting on the competition and promoting the company/group. The user name and country of origin of the winner will be printed on the winning photo and then hung up on the premises of Mercedes-AMG GmbH in Affalterbach. The participant acknowledges that he/she will also be recognizable to other participants.

9. Exclusion from participation

9.1. In the case of political and/or religious signs, symbols and statements, the participant will be excluded from participation in the photo contest. The organizer reserves the right to exclude participants who express pornographic, sexist, racist, discriminatory, right-wing extremist, violence-glorifying, radicalizing or similar immoral content or commercial content during the photo contest at its own discretion.

9.2. Participants whose submitted photos show children or other persons, regardless of age, will be excluded from the competition. This does not apply to the sender him/herself. If the sender decides to be depicted in his/her own picture, this will not lead to exclusion.

9.3. In the event of a breach of the conditions of participation, manipulation or attempted manipulation, the participant will be excluded from participation in the competition. Any entrant who participates or attempts to participate in this competition with the intention of interfering with the conduct of the competition in a manner which, in the reasonable opinion of the Organizer, is contrary to these Terms and Conditions or unfair to other entrants may, at the Organizer's sole discretion, be excluded from participation in this competition.

9.4. Participants who make false statements or entries on behalf of other persons will be excluded from participation at the Organizer's discretion. Entries by third parties, entries made by agents/interest groups and all activities that undermine this competition are not permitted.

9.5. This competition is open to all AMG Private Lounge members who have not been temporarily or permanently excluded from the AMG Private Lounge in accordance with the General Terms of Use.

9.6. The organizer's decision regarding the exclusion of a participant is final and binding.

10. Infringement of third party rights

10.1. The participant shall indemnify the organizer against all claims, including claims for damages, if the organizer is held liable/recourse due to this infringement. In this case, the participant shall reimburse the organizer for all costs incurred due to the infringement of third party rights, including the costs incurred for legal defense.

10.2. Further claims for damages remain unaffected by the provision in clause 10.1.

11. Subject to change and termination

11.1. The organizer expressly reserves the right to change or adapt these conditions of participation at any time, in whole or in part, with effect for the future. In particular, this may change the course of the competition.

11.2. The organizer has the right to terminate or cancel the competition at any time at its own discretion without observing any deadlines. In particular, the competition may be terminated if it is not possible to guarantee the proper conduct of the competition for technical reasons (e.g. due to manipulation or computer viruses) or for legal reasons (e.g. prohibition by the platform operator or state authorities). Participants cannot derive any claims for performance or damages from premature termination.

11.3. Participants will be informed of changes or the termination of the competition in an appropriate place.

12. Information on data processing

12.1. Purposes of data processing

The personal data you provide us with will only be processed for the purpose of running this competition. The data will be used to determine the winner of the competition and to notify the winner as well as for utilization within the scope of the rights granted by the participant in accordance with section 8 of the conditions of participation.

12.2. Legal Basis

This data is processed on the basis of Art. 6 para. 1 lit. b) GDPR.

12.3. Responsible body

Mercedes-AMG GmbH, Daimlerstraße 1, 71563 Affalterbach, Germany
amg-privatelounge@mercedes-benz.com

12.4. Data protection contact details

Data Protection Officer:
Mercedes-Benz Group AG
Chief Officer Corporate Data Protection
HPC E600
70546 Stuttgart
Germany
E-Mail: data.protection@mercedes-benz.com

12.5. Data Categories

We process the following categories of personal data: First name, last name, address, telephone number, e-mail address of the participants for the purpose of the photo contest.

12.6. Deletion
All personal data collected will be deleted as soon as the purpose for which the data was collected and processed no longer applies and no later than 31.03.2025. The above does not apply to uses within the scope of the rights granted by the participant in accordance with section 8 of the conditions of participation.

12.7. Disclosure to third parties

Your data will not be passed on to third parties, with the exception of service companies based in Germany ("processors") that support the implementation of this competition. Your data will be passed on to the following service providers as part of the competition:
- Mercedes-Benz Customer Assistance Center Maastricht N.V.
- Processor commissioned to send the prizes

12.8. Rights of data subjects

You have the following rights in connection with the processing of your personal data:
- In accordance with Art. 15 GDPR, you have the right to request information about the data stored by us.
- In accordance with Art. 16 GDPR, you have the right to have incorrect data corrected.
- In accordance with Art. 17 GDPR, you have the right to have your data deleted, provided there is no legal reason for further storage.
- In accordance with Art. 18 GDPR, you have the right to request that the processing of your data be restricted. This means that your data may still be stored but may only be processed under limited conditions (e.g. with your consent or to assert legal claims).
- In accordance with Art. 20 GDPR, you have the right to data portability with regard to all data that you have provided to us. This means that we will provide you with this data in a structured, commonly used and machine-readable format.

12.9. Rights of appeal to the supervisory authority

You have the option of contacting the above-mentioned data protection officer or a data protection supervisory authority if you believe that the processing of personal data concerning you is in breach of the General Data Protection Regulation.

13. Exclusion of liability

Except in the case of gross negligence and intent, the organizer is not liable for damages, losses or impairments resulting from the fact that the participant's ability to participate in this competition is restricted or prevented. Likewise, the organizer is only liable in the event of gross negligence and intent for damages, losses or impairments resulting from participation in this competition, receipt or use of the prize. Liability for damages resulting from injury to life, limb, health or material contractual obligations and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability. The participant acknowledges that AMG is not responsible for the use of its content by third parties outside these terms and conditions and therefore cannot be held liable.

14. Final provisions

14.1. Legal recourse is excluded.

14.2. The law of the Federal Republic of Germany shall apply exclusively.

14.3. The European Commission provides a platform for online dispute resolution that consumers can use for the out-of-court settlement of a dispute arising from online contracts with a company established in the EU. You can find this at http://ec.europa.eu/consumers/odr/.

14.4. Notice pursuant to Section 36 of the German Consumer Dispute Resolution Act (VSBG): The organizer will not participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.

14.5. Should individual provisions of these Terms and Conditions of Participation be wholly or partially invalid or contain a loophole, the other provisions shall remain unaffected. Ineffective or incomplete provisions shall be maintained with an effective content that comes as close as possible to the meaning of the ineffective content.