Specific competition related TERMS & CONDITIONS
THESE SPECIFIC TERMS AND CONDITIONS ARE APPLICABLE FOR THE WEBSITE www.daily-test.com & DAILY TEST ALEXA SKILL.
For the German Version of Specific Terms & Conditions please click here https://daily-test.com/spezifische-geschaeftsbedingungen/
1.1 The following terms and conditions are our “General Terms” and they apply to every “Competition and sweepstake” (including but not limited to prize draws, giveaways, skill and talent competitions) that we, blueShepherd GmbH, promote and administer including without limitation on Voice Assistants, Social Media, online and/or on mobile.
1.2 Each Competition may also have its own specific terms and conditions explaining how to enter, what the opening/closing dates and times are, what the Competition winner’s prize will be etc. These “Specific Terms” will, as applicable, be communicated per voice command by voice assistant application, for example Daily Test Alexa Skill, per Email to the registered address of the user, published on the website owned and or operated by blueShepherd GmbH, for example “blueShepherd.de”, ”thevoiceassistant.com”, ”Sprachassistentin.de” or “Daily-Test.com” webpage that is promoting the particular Competition.
1.3 These Specific Terms shall apply in addition to any General Terms which may also be in place for a Competition or prize draw on any platform or voice assistant applications. You should always read these General Terms together with the Specific Terms. If any Specific Terms conflict with these General Terms, the Specific Terms will prevail.
1.4 These General Terms may be amended at any time without prior notice. We may change these General Terms at any time so you should check this page regularly for any changes. Changes will apply from the date that they are published on this page. It is your responsibility to ensure you review the current General Terms as well as Specific Terms before entering any Competition or prize draw of the Promoter.
1.5 By entering any Competition you are accepting that you will be legally bound by these Specific Terms and the applicable General Terms. If you do not agree with any aspect of the General Terms or Specific Terms then you should not take part in the Competition.
1.6 We recommend that your print and store or save a copy of these terms and conditions for future reference during the Competition.
2. THE PROMOTER OF EACH COMPETITION
2.1 The “Promoter” of a Competition/sweepstake is the person legally responsible for administering it. For our Competitions/sweepstakes, unless otherwise specified in Specific Terms, or where a Competition is run on behalf of a third party, the Promoter will usually be: blueShepherd GmbH, Eilbeker Weg 197, 22089 Hamburg, Germany.
2.2 If you have any concern in relation to any of our Competitions, you can contact us by contacting the Website/ Alexa Skill which promoted the Competition using the contact details provided in the Specific Terms; or blueShepherd GmbH, Eilbeker Weg 197, 22089 Hamburg, Germany.
In all correspondence please state the name of the Competition and the name of the website/ Alexa skill which promoted it.
3. ELIGIBILITY RULES FOR OUR COMPETITIONS
3.1 Entrants must meet all eligibility requirements as specified in the Specific Terms. Entrants must be residents of the respective country, where the sweepstakes/competition is conducted and must be aged 18 years or over at the time of entry, unless specified in the Specific Terms or otherwise. The Promoter will not deliver any prizes to any address outside the country.
3.2 Children (aged 15 or younger) and/or young persons (aged 16 or 17) are not eligible to participate in the sweepstakes and or register for the website www.daily-test.com or Daily Test Alexa skill. We reserve the right to deny registration of your profile and or participation in any of the sweepstakes/competition of Daily Test.
3.3 Certain Competitions may have additional eligibility requirements such as residential postcodes or document proving the age etc. All eligibility requirements will be detailed in the applicable Specific Terms.
3.4 Whether any eligibility requirement has or has not been met is always at our sole discretion and we may require evidence or confirmation from entrants before awarding prizes.
3.5 blueShepherd employees and their immediate families (including any live-in partner) and the employees of any third-party sponsors, prize providers or their immediate families are eligible to enter.
3.6 Use of a false name or address will result in disqualifications.
3.7 Entries made using methods generated by a script, macro, fake voice, or the use of automated devices will be void. Further information appears at 4.
4. ENTRY AND ENTRY METHODS
4.1 Online Giveaway Competitions
Online entry: Unless otherwise indicated or in accordance with any Specific Terms, entry to our Competitions using Daily Win Alexa Skill is free of charge. The entrants are required to follow the instructions as indicated in the Specific Terms. Internet service providers’ fees may apply when accessing the internet. By using the website, entrants also agree to the Website Terms and Conditions (https://daily-test.com/general-terms-of-use/).
Daily Test Alexa Skill Competitions/ Sweepstakes are free to enter. You simply need to ask the Daily Test skill for sweepstakes and by follow the instructions. You don’t need to enter any data by typing in or per touch since you are already a registered user. Just your participation by voice command is enough to enter the Competition/sweepstakes. There is a limit of one (1) entry per User per sweepstake. You will often be asked to answer a question before your final participation in the competition/ sweepstakes. Keep your data up to date and correct- this will help you to prove your identity in case of a win. We reserve the right to offer multiple giveaways simultaneously on our various websites and or in our Alexa Skill(s).
4.2 Decision making
In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of any answer or response given by an entrant, or the operation of any part of the Competition or prize draw service, networks or systems, the decision of the Promoter shall be final and no correspondence will be entered into.
4.3 Deficient entries
In all Competitions, we reserve the right at any time to reject any entries that are incomplete, incomprehensible, incorrect, inaudible, lost, damaged in any way, made or received after the deadline for receiving entries has passed or which are otherwise deficient or not in accordance with the General Terms or Specific Terms. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful or offensive in any way. We accept no responsibility for any late, lost or misdirected entries including but not limited to texts, calls or emails not received due to technical disruptions or issues, network congestion, loss in service of online entry mechanisms, computer or technical errors or any other reason. We cannot enter into correspondence with entrants who experience difficulties when entering the sweepstake. Any entries received which are in any way in breach of these General Terms or Specific Terms will be void and will be disqualified from the Competition.
Entrants must enter Competitions using their legal name once only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won. We also reserve the right to ask any entrant to produce a form of personal identification in order to verify their identity or any other eligibility requirements as necessary.
4.5 Manipulation of services
We, our sweepstakes sponsor partner companies and or sweepstakes advertiser companies reserve the right to disqualify and/or discount entries if we have reasonable grounds to suspect, in our sole discretion, having regard to all the circumstances and information available at the relevant time, any of the following:
Activity has occurred that is designed to excessively manipulate the Competition; or
Entries have been made in breach of the General Terms or Specific Terms; or
There has been any activity which we consider is designed to unfairly influence the Competition and/or provide an unfair advantage to the entrant including without limitation use of automated or semi-automated technology; or the making or disguising of multiple entries by an individual entrant with false names, addresses or any other information.
If we have reason to believe that an individual entrant to our Competitions has made multiple entries using different phone numbers, names, email addresses (or other details on which limits on number of entries are based) we will treat this as an attempt to unfairly influence the Competition and all entries submitted by that entrant will be void.
4.6 Retrospective Effect
Where an entrant or prize winner has been found to be in breach of any of the terms and conditions of a Competition and in particular where a person is in breach of the entry restrictions, we and our sweepstakes sponsorer reserve the right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the entrant or prize winner in question.
5.1 All prize winners will be notified directly by the sponsor/ advertiser that they have won a prize.
5.2 The sponsor/ Advertiser reserves the right to change the prize or any part of the prize to an alternative of equal or greater value for any reason (in their sole discretion) including, without limitation, due to circumstances beyond their control, or if any part of the prize becomes unavailable. If for any reason the winner chooses not to take up the prize or any part of the prize, the Sponsor/ Advertiser reserves the right to ask the winner to confirm this in writing and, whether or not such confirmation is received, the Sponsor/ Advertiser will be able to retain or dispose of the prize (or part of the prize) at its own discretion.
5.3 Any tax or other charges payable as a result of a prize being awarded or received will be the sole responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is of concern.
5.4 We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purpose, merchantability or otherwise. We reserve the right to disqualify entrants from entering our Competitions or prize winners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
5.5 We take no responsibility for any fluctuations in prize values.
5.6 Third party suppliers/sponsors/advertise of prizes may also often stipulate their own terms, conditions or restrictions and all prize winners agree to be bound by these. blueShepherd shall have no liability in relation to any prize provided by a third-party provider.
5.7 As far as it is lawful to do so we exclude our liability for any losses suffered in connection with the Competition or any element of the Prize.
6. WINNER CONTACT AND CLAIMING PRIZES
6.1 Any entrant and/or winner must comply with any directions given to him or her by the Sponsor/ Advertiser, prize provider(s) and/or their agents and with all relevant laws, rules and regulations, restrictions, itinerary, and where applicable, compliance with the local laws. Failure to comply with instructions, itineraries, rules, restrictions, requirements, laws and guidelines may result in an invalid entry and/or forfeiture of the prize.
7 PUBLICITY AND PERSONAL INFORMATION
7.2 If you are required to submit a third party’s personal data to enter or participate in a Competition, you must ensure that the person whose details you submit has given their consent for you to provide us with their personal data.
7.3 Entrants, particularly prize winners and their guests if applicable, may be required to participate in photo, recording, video and/or filming session(s). You agree that we shall have the right to use all the resulting publicity materials in any media and in any manner, we see fit, unless you advise us at the time of entering the Competition that you wish to retain your anonymity. You agree that the Promoter (or any third party nominated by the Promoter) may in its sole discretion use the winner’s (and if applicable their guest’s) name and image and their comments relating to the prize and their experience for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being due.
7.4 If you elect for anonymity, we may not be able to include you in certain Competitions. This includes providing these materials to our third-party prize providers for the purposes of promoting their association with the Competition and awarding the relevant prizes.
7.5 The Promoter and/or a prize provider may send personal data of Competition entrants to third parties outside the European Economic Area, for the purposes of administering the Competition and by entering you agree to such transfer for these purposes.
Where entrants are required to submit a contribution (which may include but is not limited to photograph(s), video, audio, live-media images, drawings, essays and/or other similar designs or artistic works) as part of their entry, entrants warrant that they have all the rights necessary to submit the contribution and have the right to grant to blueShepherd GmbH a non-exclusive royalty-free licence in all copyright therein, for use worldwide and in perpetuity. Entrants hereby warrant that they have all the rights necessary to submit the contribution and have the right to grant this licence to blueShepherd. It is recommended that entrants send in copies rather than original material as such material will not be returned unless otherwise specified in the Specific Terms.
9 By entering Competitions via daily-test.com and or Daily Test Alexa Skill all entrants:
(a) assign to us all rights (including present and future copyright) in their entry and their publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
(b) agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against blueShepherd, its assigns, licensees and successors in title;
(c) undertake to us that their entry is not in breach of any third-party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting entrants’ warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same;
(d) confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.
(e) for the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition are our sole property and we may exploit the same our absolute discretion.
10 Minimum age
13.1 Minimum age to use the website services available on www.daily-test.com and or Daily Test Alexa Skill is 18.
11 TAMPERING AND OTHER MATTERS
If for any reason any Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of a Competition, we reserve the right to cancel, terminate, modify or suspend the Competition and/or any draw/s or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
12 TERMINATION OF COMPETITION
blueShepherd may vary the terms of, or terminate, a Competition at any time at its absolute discretion if reasonably required to do so. Termination or variation of a competition is without liability to any contestant or other person.
13 FAILURE TO ENFORCE TERMS AND CONDITIONS
A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
14 EXCLUSION OF LIABILITY
14.1 Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.
14.2 In the event that any provision of these Specific (or any General) Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
14.3 In relation to all competitions, prize draws, votes and polls promoted by the Promoter:
14.3.1 Nothing in these terms restricts your statutory rights as a consumer.
14.3.2 Nothing in these terms shall exclude or limit our liability for death or personal injury caused by our staff’s negligence or for fraud or for any other liability which cannot be limited or excluded by law or regulation.
14.3.3 We cannot guarantee that the services or systems for entering a Competition, will at all times be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of any problem with any network or line, system, server, software, or for any technical malfunction or failure, maintenance or repair or for reasons reasonably beyond our control. blueShepherd, do not accept responsibility where all or any part of the service relating to a Competition is discontinued, modified or changed in any way.
14.3.4 The Sponsors, Advertisers or other blueShepherd companies (“blueShepherd”) do not accept responsibility for any fault, malfunction, damage, loss or disappointment suffered by you as an entrant or participant howsoever arising from participating in a Competition or from accepting any prize whether due to any error, omission by the sponsor, advertiser, blueShepherd or its or their employees, agents or others or by any other cause.
14.3.5 We will not be liable to reimburse the cost or expenses incurred in making a Competition entry where applicable.
14.3.6 We do not accept responsibility in the event that any entry is lost, delayed or not properly received, registered or recorded or for any incorrectly addressed or undelivered Competition entries, votes or polls or for any disruption, delay or misdirection of such entries.
14.3.7 We reserve the right to amend any element of a Competition for reasons beyond our reasonable control, including but not limited to the unavailability of the Competition entry platform before the closing date, or for strike, lock-out, labour dispute, illness, act of God, natural disaster, adverse weather conditions, war, riot, civil commotion, accident, epidemic or pandemic, malicious damage, fire, flood and/or storm, compliance with law or governmental order, rule, regulation or direction, breakdown of plant, machinery or transportation. We are not responsible for any loss or damage caused to you as a result of any of these occurrences.
14.3.8 You agree to reimburse the Sponsor, Advertiser or blueShepherd in respect of any damages suffered by the Sponsor, Advertiser or any losses by the blueShepherd resulting from any claim made by a third party in each case in respect of any matter arising from your use of the services relating to the Competition in breach of the General Terms or Specific Terms or from your violation of any applicable law or regulation.
14.3.9 It is your responsibility to ensure that you control access to your user account, Alexa App account that you use to enter. The Sponsor, Advertiser and blueShepherd shall not be responsible for any loss you suffer as a result of blueShepherd dealing in good faith with anyone other than you who has access to any such device or user information.
These Specific Terms (and any General Terms) are primarily available in English and shall be exclusively governed by and construed in accordance with the laws of Hamburg, Germany.
Last updated March 2020