General terms and conditions | AUTO MOTOR UND SPORT

General Terms and Conditions of Business (GTC)

General Terms and Conditions of Business for the Use of the Internet Platform ams-kongress.de

1. Scope of application
The following General Terms and Conditions of Business (GTC) apply to anyone who registers (hereinafter “the user”) to obtain access to the services and products presented on the auto-motor-und-sport.de internet platform (hereinafter: “the platform”) even if the auto-motor-und-sport.de website is accessed outside the Federal Republic of Germany. The terms and conditions apply throughout the entire world of auto-motor-und-sport.de, including the websites of and at auto-motor-und-sport.de and sportauto.de, motor-klassik.de and 4wheelfun.de.

The terms and conditions apply insofar as the supplementary terms and conditions attached as the annexes

Rules for the Use of Communities (I.)
Special Terms and Conditions of Use for the Purchase of Paid Digital Content (II.)
Special Terms and Conditions for the Use of the ams-Credit Bonus Programme (III.)
Terms and Conditions for Participation in Contests (IV.)

do not contain more specific rules.

The platform is operated exclusively by Motor Presse Stuttgart GmbH & Co. KG, registered office in Stuttgart (hereinafter: “MPS”).

2. Amendments of the GTC/Right of termination
auto-motor-und-sport.de reserves the right to amend these General Terms and Conditions of Business and the above-mentioned Special Terms and Conditions of Use. auto-motor-und-sport.de will announce any amendments on the platform. The original terms and conditions will continue to govern any legal transactions performed prior to the amendment. Amendments to the GTC will be deemed accepted by the users if they continue to use the services of auto-motor-und-sport.de after the expiry of one month after the new GTC have entered into force or do not terminate their registration within two months after the entry into force of the amendments.

3. Acceptance of the GTC as the contractual basis/GTC of the cooperation partners
A request for registration and acceptance of the registration request by auto-motor-und-sport.de results in the conclusion of a use agreement between auto-motor-und-sport.de and the user (“use agreement”). The user’s registration represents his/her acceptance of the governance of these General Terms and Conditions of Business and all Special Terms of Use designated under 1. as the basis of the use agreement.
Insofar as services and products are offered by auto-motor-und-sport.de’s cooperation partners (e.g. content, services, shop products etc.), auto-motor-und-sport.de does not become the user’s contractual partner with respect to said services and goods. Contracts concerning said services and products are concluded solely between the user and the cooperation partner. The contracts are governed solely and exclusively by the cooperation partners’ general terms and conditions of business.

4. Conclusion of the use agreement and registration/use authorisation
4.1. The services on the platform cannot be used without the conclusion of a use agreement. The agreement is concluded when the user submits a request for registration and auto-motor-und-sport.de accepts the request. Valid registration is subject to the following conditions:
- The user provides the data requested in the registration mask (“Registration”); and
- The user is either a natural person over the age of 18 with unlimited legal capacity or a legal entity or a commercial company pursuant to section 6 Commercial Code (HGB).
There is no legal claim to registration. auto-motor-und-sport.de is entitled to refuse registration, i.e. the conclusion of the use agreement, without giving its reasons.

4.2. The successful registration for the community services offered on the auto-motor-und-sport.de website authorises the user to take advantage of any and all offers of the platform with the exception of the placement of orders in the “auto-motor-und-sport.de Shop”.
The authorisation includes any and all offers of the “community” of auto-motor-und-sport.de (e.g. forums, blogs, comments, newsletters etc.).

4.3. The placement of orders for products in the “auto-motor-und-sport.de Shop” and the use of the community services are subject to the further condition that the user has a habitual residence or registered office in Germany or another member state of the European Economic Area or in Switzerland. This authorisation expires if the habitual residence or registered office is moved to other territories. The user is obligated to notify auto-motor-und-sport.de without delay of any such change.

4.4 The user affirms that any and all personal information is correct and covenants to notify auto-motor-und-sport.de without delay of any changes in this information.

4.5 Billing for paid content is handled by the pertinent payment system provider in accordance with its terms and conditions of use, which will be referenced appropriately.

4.6 If a user does not meet his/her payment obligations or if debited transactions are charged back, auto-motor-und-sport.de reserves the right to block access until all claims have been settled. The above provision is without prejudice to any further rights of auto-motor-und-sport.de, in particular the right to assert claims for damages because of default.

4.7 auto-motor-und-sport.de reserves the right to engage third parties (e.g. collection agencies) to collect any unpaid accounts.

5. Right to cancellation
The user has the right to cancel the use agreement concluded by the acceptance of the registration request by submitting written notice within two weeks of receipt of the registration acceptance. The cancellation notification must be sent in writing to

Motor Presse Stuttgart GmbH & Co. KG

Attention: Cancellation of registration for auto-motor-und-sport.de

70162 Stuttgart

Notification may also be sent by email to: dse-ams@motorpresse.de. Write “Cancellation of registration for auto-motor-und-sport.de” in the subject line.

Dispatch of the cancellation notification in good time satisfies the deadline requirement. If the cancellation is declared in good time, the user is not bound by the use agreement and these GTC. This right of cancellation expires as soon as the user has used one of the services of the platform.

6. Termination
6.1. auto-motor-und-sport.de has the right to terminate the use agreement at any time without giving reasons and to withdraw the registration. The consequence is the lapse of the authorisation to use the products and services offered on the platform.

6.2. Irrespective of the above provision, auto-motor-und-sport.de will terminate the agreement and cancel the registration if, in particular, false information is provided during registration, registration requirements are not met, there is a breach of the provisions of these GTC and the special conditions listed under 1. or there are credible indications that the user is engaged in illegal activities.

6.3. The user will be notified of the registration on the confirmation page and of the termination of the registration in writing, by fax or by electronic mail (email).

6.4. The user has the right to terminate the use agreement at any time without giving his/her reasons. If he/she terminates the agreement, auto-motor-und-sport.de will cancel the registration after receipt of the declaration. Notice of termination must be submitted in text form in writing to

Motor Presse Stuttgart GmbH & Co. KG

Attention: Termination of registration for auto-motor-und-sport.de

70162 Stuttgart

Notification may also be submitted by email to dse-ams@motorpresse.de. Write “Termination of registration for auto-motor-und-sport.de” in the subject line.

7. Unique password
Every user receives a unique password upon registration. Access to services on auto-motor-und-sport.de is possible solely with this password. The user must not disclose the password to third parties and must safeguard it carefully to prevent misuse.
He/she is obligated to notify auto-motor-und-sport.de without delay if the password is lost or if he/she becomes aware that third parties have learned of the password without his/her authorisation. Unless the user provides evidence that a third party has used the access to auto-motor-und-sport.de without his/her consent, any and all declarations made using the access information (e.g. orders) will be attributed to the user. The user is liable for any misuse by third parties unless he/she can prove that he/she is not at fault.

8. Data collection, data protection, limitation of warranties
8.1. No user may violate legal prohibitions or public morals or infringe on the rights of third parties (rights to names, trademarks, copyrights, data protection rights etc.) by the disclosure of information in forums, chats or other channels to other users of the services of Motor Presse Stuttgart GmbH & Co. KG. In particular, users are prohibited from directly or indirectly disseminating content that contains pornography, glorification of violence or hate speech, that incites the commission of criminal offences or presents instructions for the commission of such offences and that denigrates the political or religious views of others. When using the services, users are bound by the decisions and instructions of Motor Presse Stuttgart GmbH & Co. KG and its agents, who decide what content violates the aforementioned principles and who may also modify or delete any such content.

8.2. Motor Presse Stuttgart GmbH & Co. KG is not obligated and is also not in a position to verify comprehensively the legality of content uploaded or published by users, but does carry out random examinations and reserves the right to examine contents in all cases. Users bear responsibility for compliance with the above provisions.

9. Modifications and discontinuation of products and services on the platform
Users do not have any claims to the provision of the offered services and products. auto-motor-und-sport.de reserves the right to modify or completely discontinue the offers and URLs of the platform at any time at its own discretion and without giving reasons. Any such actions do not give rise to any claims by users against auto-motor-und-sport.de unless this is expressly stated in the Special Terms and Conditions.

10. Liability of auto-motor-und-sport.de
10.1. auto-motor-und-sport.de is liable without limitation for wilful intent and gross negligence.

10.2. auto-motor-und-sport.de is liable for simple negligence solely if and when its legal representatives or vicarious agents violate an obligation that is essential to achieve the purpose of the contract (“cardinal obligation”). In this case, liability is limited to the foreseeable loss or harm.

10.3. The above limitation of liability does not apply to claims pursuant to the Product Liability Act and in the event of injury to life, body or health.

10.4. Insofar as auto-motor-und-sport.de’s liability is precluded or limited, said preclusion or limitation also applies to the personal liability of the legal representatives and vicarious agents of auto-motor-und-sport.de.

10.5. auto-motor-und-sport.de points out that it has no control over the design and content of linked third-party sites. It expressly disclaims any and all contents of any and all third-party sites accessed via links on the auto-motor-und-sport.de homepage.

11. Scope of use/Copyrights/Granting of rights of use
11.1 The user is not authorised to use the auto-motor-und-sport.de community for commercial purposes.

11.2 All content, information, images and photos, videos and databases published by auto-motor-und-sport.de on the internet platform sites are protected by copyright. Any and every use beyond private, non-commercial use, reproduction, publication or distribution, including placement in databases, is subject to the prior express written consent of auto-motor-und-sport.de. The above provision applies as well to any and all text excerpts or image details.

11.3. Insofar as a user posts a contribution (texts and/or photos) protected by copyright or other legal provisions on the platform, e.g. in the community activities such as forums, blogs, comments, newsletters of auto-motor-und-sport.de or photos, videos and texts in the video and photo community, he/she grants to auto-motor-und-sport.de the right, free of charge, to present, make publicly accessible, distribute and make available for retrieval by third parties the contribution as often as desired and without temporal or territorial restrictions on any and all pages of the platform to which the contribution was sent. The material (text, image etc.) will be published solely on the platform to which it was sent or uploaded, unless the image is used for editorial linking. The material will not be used for marketing purposes (advertisements) without prior consultation of and approval by the material’s creator. auto-motor-und-sport.de and the aforementioned companies retain any such rights in perpetuity even after termination of the use agreement. auto-motor-und-sport.de also reserves the right to print contributions that a user has posted in the forum in the related print medium.

11.4. By posting his/her contribution, the user warrants that he/she may dispose of the rights granted herein and has not otherwise disposed of them.

11.5. The user indemnifies and holds harmless auto-motor-und-sport.de from and against any and all legitimate claims asserted by third parties against auto-motor-und-sport.de with respect to the use of the rights granted pursuant to 11.1. The user will assume any and all related court and out-of-court costs of legal defence incurred by auto-motor-und-sport.de, its legal representatives and/or vicarious agents.

12. Responsibility for contributions
12.1. There is no obligation on the part of auto-motor-und-sport.de to verify the user's contributions/user’s responsibility for the content he/she has provided/exemption.

12.2. auto-motor-und-sport.de is not obligated to verify the accuracy, completeness and legality of users' contributions, especially in the community section.

12.3. The user is liable for ensuring that the content loaded, stored, distributed, made publicly accessible, presented and published on auto-motor-und-sport.de and the other URLs mentioned under 1. when using the platform and that, if any such content contains links to other pages, the content of the linked pages does not violate the following:
- Third-party rights; and/or
- Legal and/or regulatory prohibitions; and/or
- Good manners and/or rules of conduct on the internet (netiquette, chatiquette); and/or
- Public morals.

12.4. In particular, the user may not with the help of the services of auto-motor-und-sport.de load, store, distribute, present, make publicly accessible, publish or refer to or link to any contents that:
- Infringe or may infringe the personal and/or protection rights of third parties; and/or
- Are regarded as obscene, insulting, defamatory, offensive, pornographic, harassing, unsuitable for minors, racist, inciting hatred, xenophobic, radical right-wing or otherwise reprehensible; and/or
- Contain or constitute viruses, circumvention devices within the sense of the Access Control Services Act or unsolicited mass mailings (so-called “spam”); and/or
- Solicit participation in chain letter, pyramid game and free share actions and/or pursue commercial and/or other marketing purposes.
The above provision applies inter alia to comments, contributions and photos posted on auto-motor-und-sport.de.

12.5. The user will indemnify and hold harmless auto-motor-und-sport.de from and against any and all legitimate third-party claims asserted against auto-motor-und-sport.de, its legal representatives and/or vicarious agents as a consequence of content disseminated and made publicly accessible by the user on the platform. The user will assume any and all related court and out-of-court costs of legal defence incurred by auto-motor-und-sport.de, its legal representatives and/or vicarious agents.

13. Deletion of contributions
auto-motor-und-sport.de and its administrators are authorised to delete at their sole discretion individual contributions or parts of contributions by users at any time. Irrespective of the aforementioned right, auto-motor-und-sport.de will remove any content that is in violation of section 12.3. Content within the sense of this provision also includes software and other files and references to other content. The user does not have any claim to any such action, however, including actions relating to third-party contributions. auto-motor-und-sport.de will normally notify users of the deletion of their contribution. The participant does not have any claim to information.

14. Final provisions
14.1. Notifications from auto-motor-und-sport.de will be sent to the user by email. Users consent to auto-motor-und-sport.de sending them emails containing notifications about innovations of any kind on the platform.

14.2. Insofar as a date and/or time is decisive for declarations and legal transactions, the displayed server date and time of auto-motor-und-sport.de is authoritative.

14.3. auto-motor-und-sport.de is authorised to transfer the performance of any and all services, in whole or in part, to third parties at any time. All agreements between auto-motor-und-sport.de and the users are governed by the laws of the Federal Republic of Germany, precluding application of the UN sales law.

14.4. Users who are merchants accept the courts of Stuttgart as venue. This agreement of venue also applies to non-merchants insofar as said agreement is in accordance with the German Code of Civil Procedure and Regulation (EU) No 1215/2012 (Brussels Convention).

15. Dispute resolution
The European Commission provides a platform for out-of-court online dispute settlement at ec.europa.eu/consumers/odr/ (so-called Online Dispute Resolution Platform).

We are neither willing nor obligated to participate in a dispute settlement procedure before a consumer arbitration board.

Annex

I. Rules for the Use of Communities

The community(ies) is/are an element of auto-motor-und-sport.de. We want the discussions in this community to be conducted in an open and respectful atmosphere. We ask the members of the community to maintain at all times a fair and objective tone, even if the matter under discussion is the subject of disputes.

Furthermore, the General Terms and Conditions of Business and any Special Terms and Conditions for the Use of Forums that have been established apply as well.

Newbies/Novices
Everyone should feel welcome in our growing community. Please welcome new members and help them to find their way around our community.

Permitted language
German

Signatures and avatars
The rules of the community govern their content.

Censorship
There is no censorship of contributions unless the content violates the rules of the auto-motor-und-sport.de community

Violations
Participants who violate the following forum rules and the general “netiquette” may be temporarily or permanently excluded from the community. Participants can report violations of the rules to the administrators and moderators using the “Snitch” button.

What is not allowed in the forum:
- Racist, insulting, pornographic and/or offensive postings towards persons, countries and/or religions
- Real-life threats
- Excessive use of invectives, CAPITAL LETTERS and general breaches of netiquette
- Spam: especially off-topic postings, posting the same message in multiple threads, opening multiple threads with the same content etc.
- Bumping: unnecessary posting of contributions in a topic with the intent of moving it back to the top of the forum overview.

II. Paid Digital Content

1. Subject of the contract
Digital products such as digital articles and video files can be purchased on auto-motor-und-sport.de. The subject matter of the contract for these purchases is the acquisition of a right to use the offered product.

2. Conclusion of the contract
The customer can order products listed on auto-motor-und-sport.de directly online. By placing the order, the customer submits an offer that can be accepted by the publisher. A contract is not concluded until the publisher has accepted the offer. For the download of data, the offer has been accepted when the pertinent product is made available for download on the confirmation page immediately after the purchase. An offer for the available premium videos is accepted when the pertinent video is made available.

3. Right to cancel contract

Legal instructions regarding cancellation right

You have the right to cancel this contract within fourteen days without giving your reasons for the cancellation. The cancellation period is fourteen days from the day of the conclusion of the contract.

If you wish to exercise your right of cancellation, you must notify us (Motor Presse Stuttgart GmbH & Co. KG, auto-motor-und-sport.de, Leuschnerstrasse 1, 70174 Stuttgart; mobile@motorpresse.de) of your decision to cancel this contract by sending an unambiguous declaration (e.g. a letter sent by post, fax or email).

You may use the attached sample cancellation form, but its use is not obligatory. You can fill out the sample cancellation form or any other unambiguous statement electronically in our contact form on our website www.auto-motor-und-sport.de as well and send it. If you exercise this option, we will send to you a confirmation of the receipt of your cancellation without delay (e.g. by email).

Your notification of your exercise of the cancellation right will be deemed in good time if you send it before expiration of the cancellation period.

Consequences of the cancellation
If you cancel this contract, we must reimburse to you any and all payments that we have received from you, including shipping costs (with the exception of the additional costs that result from your having selected a different means of delivery than the lowest-cost standard delivery we offered) without delay, i.e. no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. We will use the same method of payment for the reimbursement that you used for the original transaction unless otherwise expressly agreed with you; under no circumstances will you be billed any charges because of the reimbursement.

Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it to us.)

To Motor Presse Stuttgart GmbH & Co. KG, Leuschnerstr. 1, 70174 Stuttgart; by email to mobile@motorpresse.de

I/we (*) hereby cancel the contract I/we (*) concluded for the purchase of the following goods (*)/performance of the following service (*)

Ordered on (*)/Received on (*)

Name(s) of the consumer(s)

Address of the consumer(s)

Consumer’s signature (for submission in paper form only)

Date

4. Terms and Conditions of Use for Data Download/Video Activation
If a contract is concluded for the download of products or the activation of videos on auto-motor-und-sport.de, the customer acquires a simple, non-transferable right of use, which is revocable until the licence fee has been paid in full. The customer does not obtain any ownership of the purchased products.

The customer may use the contents of the downloaded products solely for private purposes or for his/her own use within the legally permissible scope. Utilisation rights (e.g. distributions or reproductions) for commercial purposes are not granted.

The preparation of a reproduction for private purposes is limited to the customer’s private use. Making the reproduction publicly available for either private or commercial purposes is prohibited.

Any and all rights vis-à-vis the customer, in particular any rights arising from copyright, are solely and exclusively the property of the publisher, its authors and, as applicable, its licensors. The customer may not alter the contents of the products, either in terms of content or editorially, unless permitted by law to make any such alterations.

5. Delivery/Download
Products that are offered for downloading are made available to the customer as a PDF file for data download on the confirmation page immediately after the purchase of the pertinent right of use; in addition, a download link is sent to the customer by email. Videos (single purchase or subscription) are activated after the pertinent right of use has been purchased. Single-purchase videos can be viewed for a period of 24 hours via a link received by email. Video subscriptions are also stored in the user’s account on auto-motor-und-sport.de.

6. Terms and Conditions of Payment
The customer can pay for the ordered products via PayPal.

III. Special Terms and Conditions for the Use of the ams-Credits Bonus Programme

1. General

1.1. The following terms and conditions govern the ams-credits bonus programme on the auto-motor-und-sport.de website. A natural person who participates in the credits programme (hereinafter referred to as “user”) is given the opportunity to collect credits through interactions on the auto-motor-und-sport.de website; these credits can be redeemed for paid content on the website.

1.2. Every registered user automatically becomes a participant in the credits programme. The credits programme is an integral part of the registration on auto-motor-und-sport.de.

1.3. By registering on the auto-motor-und-sport.de website and participating in the related credits programme, the user agrees to the following terms and conditions of participation.

2. Collection of credits

2.1. The user receives ams credits for the following actions:

- The user receives a one-time award of 10 credits for the initial registration at auto-motor-und-sport.de.

- The user receives additional credits for interactions with the desktop website at auto-motor-und-sport.de. Such interactions include purchases of PDF files, commenting on posts and other actions taken by the user on the site.

2.2. The number of credits awarded for any specific action can be seen directly on the page offering the specific product or service.

2.3. The collected ams-credits are saved in the user’s account for an unlimited period of time. There is no expiration date.

3. Redemption of points

3.1. The collected ams-credits can be redeemed when selected paid content is purchased.

3.2. If the user has logged in, a statement shows whether an article is available for acquisition free of charge and, if so, how many credits are required.

3.3. Credits cannot be pro-rated or applied towards price reductions. Credits can be redeemed solely if the number of credits in the user’s account amounts as a minimum to the number required for the acquisition of the product free of charge.

3.4. Redemption is possible solely on the desktop site of auto-motor-und-sport.de. The credits programme is not available on mobile devices.

4. Credit balance

The user can view the number of credits in the account at any time.

5. Realisation/modification of the programme

auto-motor-und-sport.de reserves the right to terminate the ams-credits programme or to replace it with another programme at any time without giving reasons. Termination or replacement of the programme does not establish any claims for damages on the part of users. Venue is Stuttgart. If and when a user is in breach of these terms and conditions, the user’s account will be deleted and any credits in the account will be forfeited.

IV. Terms and Conditions of Participation in Contests

The following Terms and Conditions of Participation in Contests apply unless otherwise stated in the Special Terms and Conditions of Participation for a specific contest:

1. The technical prerequisite for participation in the online drawing is an up-to-date and commonly available internet browser. Java Script and cookies must be activated so that all functions can be used.

2. Eligibility for participation is limited to residents of Germany, Austria or Switzerland. The organiser is authorised to restrict further the group of persons eligible to participate in specific contests (e.g. restricted to age 18 and older). Any such restrictions will be noted in the special terms and conditions of participation. Employees of Motor Presse Stuttgart GmbH & Co. KG and their relatives and employees of the companies involved in the contest and their relatives are ineligible for participation.

3. Participation is free of charge and independent of any purchase of goods or use of paid services.

4. Participants are permitted to enter each contest only once. If multiple entries are received, solely the first one will be given consideration.

5. No registration in the auto-motor-und-sport.de community is required to enter a contest. First name, surname, email address and postal address are required.

6. Every participant may register only once and must provide a unique email address. If multiple entries are received, solely the first one will be given consideration.

7. The organiser reserves the right to disqualify and exclude from the prize drawing any entrant who manipulates or attempts to manipulate the entry process, the system and/or the prize drawing/pages and/or violates the Terms and Conditions of Participation or public morals and/or otherwise unfairly and/or dishonestly attempts to affect the prize drawing. Unless otherwise announced, the winners will be determined after the end of the contest and their names will be published on our winners’ page. They will also be notified by email. The prize is not transferable to third parties. Cash payment of the prize and recourse to courts are precluded.

8. Any liability of Motor Presse Stuttgart GmbH & Co. KG for the availability of the technical requirements for timely participation in the contest or the dispatch of the prizes (permanent access to internet sites on which participation is possible or dispatch of the prizes by transport companies) is precluded.

9. Unless otherwise indicated, the organiser holds any and all rights to the contest and the procedure.

10. Employees of Motor Presse Stuttgart GmbH & Co. KG, their participating cooperation partners and their immediate family members are ineligible for participation. If the contest is organised in cooperation with other companies, the above provision applies as well to the employees of those companies and their relatives.

11. Motor Presse Stuttgart GmbH & Co. KG is authorised to exclude participants from the contest immediately for good cause. In particular, the company will be deemed to have good cause if there is a violation of these Terms and Conditions of Participation, successful or attempted manipulation of the contest, attempted disruption or interference with the proper course of the contest and threats or harassment of employees of Motor Presse Stuttgart GmbH & Co. KG or other participants.

12. Motor Presse Stuttgart GmbH & Co. KG is not liable if the contest must be cancelled or terminated prematurely for technical reasons unless the premature termination or cancellation is due to gross negligence on the part of Motor Presse Stuttgart GmbH & Co. KG.

13. By registering for this contest, the participant consents to the publication of his/her first and last name by Motor Presse Stuttgart GmbH & Co. KG if he/she is a winner.

14. The participant’s personal data will be electronically processed and stored for the purpose of conducting the contest. The data collected within the framework of the contest will be used exclusively to determine the winners and will not be used for any other purpose; in particular, they will not be transferred to third parties unless the participant has expressly consented to the more extensive use. The data of the winners, which may be published in accordance with point 13, are an exception to the above provision.

15. Participants may withdraw their consent to the use of their personal data at any time and request that their data be deleted from the Motor Presse Stuttgart GmbH & Co. KG database.

Withdrawal of consent by email: dse-ams@motorpresse

Withdrawal of consent by post:

Motor Presse Stuttgart GmbH & Co. KG

Attention: Data protection auto-motor-und-sport.de

70162 Stuttgart

16. Any liability of Motor Presse Stuttgart GmbH & Co. KG for faulty data transfer and/or loss due to incorrect and/or incomplete data entry by the participant or due to malfunctions in the operation of the website or email systems beyond the control of Motor Presse Stuttgart GmbH & Co. KG is precluded.

17. Once the winners have been determined, they will be notified in writing by Motor Presse Stuttgart GmbH & Co. KG at the postal address provided by the participants and their names will be announced on the auto-motor-und-sport.de website.

18. If a winner does not respond within 21 days of receipt of notification or if postal delivery is not possible and the winner does not respond, the winner’s claim to the prize will lapse and the next person in the ranking will take his/her place.

19. A cash payment or an exchange of the prizes or a transfer of the prize to other persons is not possible.

20. Recourse to the courts is precluded.