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Terms and conditions of participation and privacy policy for the "Beethoven Mosaic" Campaign

1. Organizer

The organizer of the Beethoven Mosaic Campaign (also referred to hereinafter as "the Campaign") is Deutsche Telekom AG (also referred to hereinafter as "Telekom" and "Organizer").

2. Eligibility

To participate, each participant must upload a portrait photo that meets the requirements of these conditions of participation to the website www.telekom-beethoven-mosaik.de or www.telekom-beethoven-mosaic.com.

Participants must be at least 18 years old.

3. Prerequisites for participation, steps in the Campaign

Participation involves the following steps:

  • The call to participate in the Campaign will be published on the social media channels of Deutsche Telekom AG and affiliated companies as defined by §§ 15 et seq. of the German Stock Corporation Act (AktG) (referred to hereinafter as the "Telekom Group"), other media (print, online, TV), the internal communications channels of the Telekom Group, and websites of the Telekom Group, especially www.telekom-beethoven-mosaic.com (also referred to hereinafter as the "Campaign website").
  • To participate, each potential participant must upload a portrait photo of themselves (referred to hereinafter as "Photo" or "Picture") to the Campaign website. The picture may only depict the participate him- or herself, but no other persons. The participant must possess all necessary rights to the picture (number 5) and grant these rights to the Telekom Group (number 6). In addition, the picture must meet the following requirements:
    - Minimum size: 1024x1024 px
    - Format: png, gif, or jpg/jpeg
    - The portrait must stand out clearly from the background
  • In addition, potential participants must register to participate on the Campaign website. In doing so, they must also recognize the validity of these terms and conditions of participation.
  • The prospective deadline for participating in the Campaign, and thus for uploading a picture to the Campaign website, is midnight on March 27. Telekom may shorten or extend this deadline at its discretion.
  • Telekom will use around 7,000 of the submitted pictures. To be selected, the submissions must satisfy the terms and conditions of participation (particularly the criteria described in numbers 3 b) and 4)) and must not contain any offensive, political, or illegal content. The exact number of selected submissions is subject to change. In addition, the selection of the participating pictures is entirely at Telekom's discretion. Participants have no legal recourse to demand usage of their photos.
  • At the end of the participation period, Telekom will use the uploaded and selected photos to recreate the graffiti of composer Ludwig van Beethoven (also referred to hereinafter as the "Beethoven Mosaic") and its surroundings.
  • As soon as the Beethoven Mosaic is published, Telekom will notify each participant whose submission was included in the Beethoven Mosaic via email and let them know the position of their respective photos within the Beethoven Mosaic. To send this notification, Telekom will use the email address specified by the participant. As a potential participant, you consent to us contacting you via email.
  • At the end of the participation period, Telekom will use the uploaded and selected photos to recreate the graffiti of composer Ludwig van Beethoven (also referred to hereinafter as the "Beethoven Mosaic") and its surroundings.
  • After its completion, the Beethoven Mosaic will be published on the media described under number 5 below.
  • At the end of the participation period, Telekom will use the uploaded and selected photos to recreate the graffiti of composer Ludwig van Beethoven (also referred to hereinafter as the "Beethoven Mosaic") and its surroundings.
  • The Beethoven Mosaic can also be downloaded from the Campaign website by anyone and stored permanently, including for private purposes.
  • A technical prerequisite for participation is a current version of a customary internet browser. To be able to use all functionalities, JavaScript and cookies must be activated.

4. Guarantee of rights and legality

With regard to the picture, I hereby guarantee the following as a participant:

  • I guarantee that I am the person depicted in the submitted picture and that I possess all rights to publish it or allow publication of it, and hereby grant the Telekom Group the respective contractual rights.
  • I guarantee that no other persons can be seen in the picture.
  • To the extent that other persons were involved in creating the picture (such as the photographer), I guarantee in particular that I am authorized to exercise the corresponding rights of these persons and that these persons consent to the publication of the pictures and to granting rights for their use to the Telekom Group.
    In addition, I guarantee in particular that I am in observance of all appropriate rights of use and property rights, the right to my own picture, and other rights to the pictures and that the picture is unencumbered by any third-party claims.
  • I hereby undertake to not use any brands, labels, or other third-party markers in the pictures.
  • Furthermore, I guarantee that the pictures do not violate any applicable laws and will not invoke any objections. In particular, I ensure that the pictures do not contain any pornographic, racist, or otherwise offensive or illegal content. I also guarantee that the pictures do not contain any content that discriminates or degrades other persons.

5. Granting of rights of use

As a participant, I hereby undertake the following with regard to the "pictures":

I hereby grant the Telekom Group the sublicensable (among others, to the agency hired by Telekom to carry out the Campaign (Serviceplan Campaign Hamburg und Plan.Net UX) and to anyone who can download the Beethoven Mosaic), non-exclusive, without limitation concerning time and content, irrevocable, global rights to comprehensive use – including for commercial purposes – of the pictures for the Campaign described under number 3 in all media. In particular, I grant the Telekom Group the right:

  • Within the framework of the Beethoven Mosaic, to make the pictures publically accessible on the internet in portals and websites of the Telekom Group, on the Campaign website in particular, and on the Telekom Group's own profile pages and channels, in the internal communication channels of the Telekom Group, and on social media such as Facebook, Instagram, and Twitter, and to duplicate the pictures for this purpose;
  • To use the Beethoven Mosaic in image campaigns of the Telekom Group (including integration in video material) on the internet, on TV, in movie theaters, at trade fairs, in Telekom Shops, and in print media;
  • To use the pictures within the framework of the Beethoven Mosaic offline, for example, in the print domain (for instance, on posters/billboards, in newspapers, on flyers), and to reproduce and distribute the pictures for this purpose.

Without infringing the personal rights of the participant, the pictures may be used for all aforementioned purposes and combined with other works of the Telekom Group, as well as modified and edited, and the Beethoven Mosaic may be integrated in a video that is made available to third parties through streaming or download, among other options. Edited versions, in particular excerpts of the final product (including in the form of screen shots), may be used as described. The pictures can – in whole or through excerpts, without citing the name of the participant or the creator/photographer, and with or without citing the name of the Campaign – be used as described above. The participant shall ensure that the creator will not enforce his or her claim to be mentioned as the creator.

These usage rights are granted free of charge.

6. Indemnity obligation and erasure

  • Should the Telekom Group or agency hired by the Telekom Group to carry out the Campaign, Serviceplan Campaign International GmbH & CO. KG and its subcontractors (also referred to hereinafter as the "agency") face claims associated with use of the pictures, I hereby indemnify the Telekom Group and the agency from all claims, offer the Telekom Group and the agency the necessary support for their legal defense, and shall assume the necessary costs for legal defense for the Telekom Group and the agency.
  • The Telekom Group reserves the right to remove the photo or have it removed to the extent possible, in the event that it represents a violation of these terms and conditions of participation.

7. Acknowledgement of the data privacy policy

The registration data collected to enable your participation in the Campaign will be collected, processed, and used by the Telekom Group exclusively for the purpose of carrying out the Campaign, and will then be erased Art. 6 I. b) GDPR. The following data must be entered during registration: The participant's first and last name and email address.

The picture selected for publication will be used in the framework of the Beethoven Mosaic, as described in the terms and conditions of participation, see point 6 in particular, and is a major element of the participation agreement, Art. 6 I b) GDPR. The registration data (first and last name, email address) and confirmed terms and conditions of participation of participants selected for publication will be used to establish contact and to further carry out the Campaign and will remain stored, together with the terms and conditions of participation confirmed by the participant, until the end of the usage period, Art. 6 I b) GDPR. Additional legal retention requirements may arise, for example, due to commercial or tax law (German Commercial Code, German Fiscal Code). To the extent that such retention requirements arise, the data will be blocked and erased at the end of the required retention period. Data of participants who were not selected will be erased after the selection process is complete.

The Telekom Group is authorized to forward data to service providers to carry out the Campaign, to carry out tasks to partial or full completion (for example, organizational handling of participation). All data privacy provisions will be observed in the commissioning of these service providers. This does not represent an expansion of the purpose of the data usage. Should a declaration of consent be required, it will be requested during the Campaign.

The general data privacy information of the Telekom Group, which is available under www.telekom.de/datenschutzhinweise/download/000.pdf, also applies.

8. Miscellaneous

Deutsche Telekom may change the terms and conditions of participation at any time. If there is good cause, Deutsche Telekom shall have the right to terminate or interrupt the Campaign without prior notice. In particular, a good cause exists if the proper execution of the Campaign can no longer be guaranteed due to technical or legal reasons.

Whether or not a picture is published and used within the Campaign is at the discretion of Deutsche Telekom. In this regard, Deutsche Telekom may exclude individuals from participation if they suspect justified reasons, such as a violation of the terms and conditions of participation. This is the case in particular if the potential participant violates these terms and conditions of participation, particularly involving attempted or accomplished manipulation of the Campaign or attempts to disturb or influence the proper execution of the Campaign. This includes any threats against or harassment of employees of the Telekom Group, other participants, or any other third parties.

There shall be no legal recourse. The law of the Federal Republic of Germany shall apply.

Any amendments and additions to these terms and condition of participation shall be made in writing. This includes any changes to this requirement.

If one or more of the above clauses be deemed void, ineffective or unenforceable, whether in part or in full, the validity of the remaining clauses will remain unaffected.

Terms and conditions of participation and data privacy policy last revised Sept. 2, 2019