CONDITIONS OF PARTICIPATION

Conditions of participation and data protection information of Merz Pharmaceuticals GmbH You accept the following participation conditions for the selection as a Belotero® Testimonial:

 

1.General, conditions of participation, duration of the action

1.1 The event is organised by Merz Pharmaceuticals GmbH, Eckenheimer Landstraße 100, 60318 Frankfurt am Main (hereinafter referred to as "Merz").

1.2 Any individual whose permanent residence is in Germany and who has reached the age of eighteen (18) years is eligible to participate in the promotion (hereinafter referred to as the "Participant"). Employees of Merz Pharmaceuticals GmbH and its affiliated companies pursuant to § 15 AktG and their relatives are excluded from participation.

1.3 Each Participant may only participate in the promotion in his own name and only once. Persons who violate these conditions of participation, make use of unauthorized aids or otherwise gain unjustified advantages through manipulation are also excluded from participation in the promotion. If these violations only become known later, any benefits received can be reclaimed subsequently.

1.4 Participation in the promotion is free of charge.

1.5 The promotion begins on 31.04.2019 at 11:00 am. The closing date for participation is 31.07.2019 at 23:59 hrs.

 

2. Participation in the promotion; rights to Materials

2.1 As part of the promotion, Participants are requested to upload images of the Participant's face including an application text and further information as name, age, contact details, social media profile references (hereinafter collectively referred to as "Materials") to Merz.

2.2 The participant hereby grants Merz the worldwide, unrestricted, sublicensable and transferable right to use and exploit the Materials for one (1) year; this includes in particular the right to publish the Materials (e.g. on the Merz website), to reproduce, distribute, sell or rent, store, edit and use them for its own and third party purposes. In particular, but not limited to, the Participant grants the right that Merz may use the Material for the selection in a different promotion and to offer the Participant a participation in this other campaign. The granting of rights also applies to currently unknown types of use. Merz hereby accepts the above granting of rights. The rights granted shall continue to exist beyond the duration of the promotion to the extent specified above. There is no claim to separate remuneration for the rights granted.

2.3 The participant guarantees that the Materials do not contain any pornographic, racist, violence-glorifying, inciting, otherwise offensive or illegal content or infringe copyrights, personal rights, trademark rights or other rights of third parties.

 

3. Selection and activity of the Participants

If the Participant has completed and made available the required Materials and other mandatory fields on the Merz website on which the promotion is offered within the participation period specified in Section 1.5, he/she will participate in the selection of the testimonials (subject to the additional selection criteria specified below).

 

4 Identification and activity of the testimonials

4.1 With their participation in the promotion and in return for providing the Materials, all Participants have the opportunity to be selected as one of ten testimonials of Merz and to have a free treatment with the dermal fillers Belotero® carried out. The treatment will be carried out by a qualified doctor selected by Merz.

4.2 The selection shall be made at the discretion of Merz employees in a non-automated process during the participation period according to Clause 1.5. If Participants are selected by Merz according to the criteria described in Clause 4.3, they will in return report on their experiences and treatment results before and after the treatment (in text form and through photos/videos).

4.3 The following Participants may be considered as testimonials: adult persons aged between 18 and a maximum of 65 years; without overweight or underweight and without or only minor sun damage to the skin. Excluded are Participants with an autoimmune disease, with severe skin diseases such as active acne, excessive scarring, herpes labialis in the treatment area or open facial wounds, persons with freshly injected fillers or permanent implants (non-degradable fillers) in the treatment area or persons who have to take medication such as anticoagulants, sedatives or if the Participant is allergic to a component of the products. Since there is no experience with pregnant women and nursing mothers, this group of people must also be excluded from treatment with Belotero®.

4.4 The Participant will be notified by Merz by e-mail within two months of the selection decision. If the Participant does not respond within two weeks of receiving the notification, Merz will determine a new testimonial from the applications received.

4.5 If the Participant is selected as a testimonial for a treatment, Merz will contact the Participant to conclude a testimonial contract. The Participant is free to conclude this contract with Merz or not, but the conclusion of the testimonial contract is a prerequisite for acting as a testimonial and using the treatment. The testimonial contract will regulate in particular the rights of Merz to use the photos, texts/representations. Merz shall endeavour to make use of publications on the Belotero® product website, the Merz Aesthetics website and other media (e.g. product brochures). Merz also strives to pass them on to healthcare professionals for the purpose of clarifying the success of treatment.

4.6 Any travel expenses incurred after treatment or accommodation costs to the place of treatment will not be reimbursed by Merz and are not part of the promotion. The testimonial will bear these costs itself.

4.7 Cash payment is not possible. The opportunity to receive treatment is not transferable.

4.8 Participation in the promotion does not constitute an enforceable right to treatment.

4.9 In addition to the above mentioned testimonials receiving treatment, participants may be named and Materials published on the Merz website. The respective Participants will be contacted separately by Merz and asked for their consent.

 

5 Miscellaneous

5.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

5.2 Should individual provisions of the conditions of participation be or become invalid, the validity of the remaining conditions of participation shall remain unaffected. They shall be replaced by the valid provision which most closely corresponds to the purpose of the invalid provision.

5.3 Amendments to these Conditions of Participation must be made in writing. This also applies to this written form requirement.

5.4 Legal recourse is excluded.