1. General terms
The SCC EVENTS GmbH, Olympiapark Berlin, Hanns-Braun-Str. / Adlerplatz, 14053 Berlin (in the following „SCC“ or „we“) operates the website www.run-for-joy.com. On this website or on a subpage of this website, we offer all runners the opportunity to upload screenshots of their favorite training routes from their running app. The first 1,000 submissions that are sent in will be featured in a graphic collage with running course lines that will serve as the key visual for the BMW BERLIN MARATHON 2022 (in the following also referred to as: campaign) and will be used for the entire season of 2022 as part of the communication.
2. Terms and Conditions of Participation
(1) To participate in the collage, participants must use the participation form for the campaign and upload a screenshot from their running app showing their favorite running route as a route line.
(2) The Key Visual 2022 is based on the first 1,000 screenshots of running routes submitted. In order to be part of the first 1,000 screenshots the time of the upload of the screenshot is of relevance.
(3) Each person who has reached the age of 18 at the time of participation is eligible to participate.
(4) Participation in the campaign is free of any charge.
3. Period of participation/ untimely termination of the campaign
(1) It is possible to participate in the period from 03.11.2021 08:00 CET up to and including 06.12.2021 at 23:59 MET.
(2) SCC reserves the right of untimely termination of the request for the upload entirely or partially, even without complying with deadlines or altering those deadlines, especially if a proper execution of the campaign cannot be guaranteed due to any technical (e.g. a computer virus, manipulation of or errors regarding the software/hardware) or legal reasons.
4. Exclution of participation
SCC reserves the right to exclude participants who violate the terms of participation or attempt to take influence in the campaign through technical manipulation. This applies in particular to violations of clause 6 the terms of participation.
5. Usage of the website incl. upload option
(1) SCC provides the usage of the website as well as the upload option on its own interests for free.
(2) Participants have no right to the upkeeping of individual functions of the website. SCC is, at any time, entitled to deny access to the website, individual contents or the upload option.
(3) SCC tries to ensure an uninterrupted operation of the website and the upload option. This is limited, by nature, to those services which are within the area of influence of SCC.
(4) SCC is free to temporarily or permanently restrict access to the Website and/or to the paricipation form in full or in part, due to maintenance, capacity issues, and other events that are beyond our control.
6. Participant's duty to cooperate, selection by SCC
(1) The participants agree to upload screenshots showing running tracks only and, in particular, not to upload any images that violate the law or good manners due to their content or their layout or presentation or in any other way. In particularly, participants agree to comply with the law (e.g. criminal law, competition law and youth protection law) and not to violate the rights of third parties (e.g. name, trademark, copyright, image and data protection rights) when uploading content.
(2) SCC reserves the right not to publish uploaded screenshots or to remove them from the Key Visual in the case of violations of the above mentioned paragraph. The selection of the uploaded screenshots which will be used for the campaign as well as the time and extent of use is solely at the discretion of SCC. There is no legal obligation to the use of the screenshots uploaded by the participants.
(3) Participants are obliged to refrain from any activity that could impair and/or impose an excessive burden on the operation of the website or the technical infrastructure supporting it.
7. Protection of data
(1) The screenshots submitted by participants to be included in the design of the Key Visuals and the personal data provided will be deleted after the campaign, at the latest by the end of February 2022. However, this shall only apply in the event that we need the data to enforce our rights or defend ourselves or because we are required by law or by order of governmental authorities not to delete them.
(2) If participants voluntarily provide information on the location of their running route whilst uploading the screenshot, this data will be linked to the screenshot in order to enable the selection and retrieval of the specific route during the execution of the campaign via a filter feature.
(4) The privacy statement for the campaign is available at: https://run-for-joy.com/key-visual-privacy
8. Rights of use/ Waiver of copyright mention
(1) By uploading a screenshot, participants grant us a nonmonetary, basic, irrevocable right of usage, transferable to third parties, unlimited in both temporal and spatial terms, to use the uploaded screenshot for advertising/communication purposes regarding the Key Visual 2022 campaign, in particular to advertise our website and our running events. This includes in particular the right to edit the images, to replicate, to distribute them and to publicly display them or make them publicly available online and offline in connection with the campaign, in specific on the campaign page, in related print products (e.g. flyers or posters) and on social media platforms (in particular on Facebook, Twitter, YouTube and Instagram). This does not include the metadata of the screenshot.
(2) Participants explicitly waive the right to copyright mention in connection with the campaign.
9. Liability of participants / Exemption of SCC
(1) The participants confirm that they are the originators of the uploaded images and/or that they have the right to transfer the rights of usage described in clause 7, paragraph (1). If the approval of a third party is required for the upload and the granting of rights, the participants declare that the approval has been obtained.
(2) Participants hereby indemnify SCC from third-party claims of any kind whatsoever that are enforced in connection with the files they have uploaded. The indemnification duty also includes the obligation to fully indemnify SCC from any legal costs (e.g. court and lawyer fees).
10. Final terms
(1) Should the terms of usage contain invalid clauses, the validity of the remaining provisions shall remain unaffected.
(2) Contractual language is exclusively German. German law applies. The English translation of these terms of participation is for information purposes only. In the event of contradictions between the German and English version of the terms of participation, the German version supersedes the English version.
Berlin, November 2021