General Terms and Conditions for the Prize Draw

Status: 06 June 2023

Personio SE & Co. KG, Seidlstraße 3, 80335 Munich, Germany (hereinafter referred to as "Personio") will give away a free gift to the first 300 participants who complete a course with the "Personio Essentials" certificate as part of the launch of the Personio Voyager Academy (the "Prize Draw"). Participation in the Prize Draw shall be governed by the following terms and conditions ( the "Terms and Conditions").

By participating in the Prize Draw, the participants accept the Terms and Conditions. The personal terms used (such as "participant") are not gender-specific.

Participation in the Prize Draw

1.1 Participation in the Prize Draw is free of charge. 

1.2 Participation requires that the participant is registered with a user account on the Personio Voyager Academy website.

1.3 Persons who are 18 years of age or older and reside in Europe are eligible to participate. 

1.4 Employees of Personio as well as employees of the cooperation partners commissioned by Personio with the creation and implementation of the Prize Draw are excluded from participation.

1.5 Each participant may only enter the Prize Draw once.

1.6 Personio reserves the right to exclude participants who use multiple email addresses to increase their chances of winning, who technically manipulate the Prize Draw or the course of the game, who use unauthorised aids or who otherwise violate these Terms and Conditions of participation or the law, at any time and without prior notice from participating in the Prize Draw, taking into account the criteria of reasonableness. Personio will make exclusion decisions to a reasonable extent and on the basis of factual criteria and objective evidence. In the event of exclusion, prizes may also be subsequently withdrawn or prizes already delivered may be reclaimed. 

1.7 The participation of Prize Draw agencies and other automatically generated mass participation procedures is excluded and will not be taken into account in the determination of the Prize Draw winners.

1.8 There is no entitlement to participate in the Prize Draw.

1.9 The Prize Draw ends on the 31th of July 2023 at midnight.

2. Execution and handling of the Prize Draw

2.1 The participant declares their participation in the Prize Draw by completing the "Personio Essentials" course and the receipt of  the "Personio Essentials" certificate from the Personio Voyager Academy.

2.2 Neither Personio nor any of its partners involved in the creation and implementation of the Prize Draw are responsible for any delays in the submission or transmission of the answer and participant data.

2.3 The first three hundred (300) participants who complete the Personio Essentials course at the Personio Voyager Academy and receive the Personio Essentials certificate will be the winners.

2.4 After the end of the Prize Draw, the winners will receive a link to the email address they provided when registering for the Personio Voyager Academy, where they can claim their gift. To do this, they must log in with their email address and the magic code, select a gift box, enter their delivery address and agree to the privacy policy. If the winner's email address has changed after registration and the winner has provided this to Personio, notification will be sent to this email address.

2.5 Entrants are responsible for the accuracy of the email address provided. If winners cannot be notified due to incomplete or incorrect contact details, the claim to the prize will lapse.

2.6 If the winner does not confirm acceptance of the prize by 31 July 2023 after sending the notification, the prize will be forfeited.

2.7 The non-cash prizes will be sent by Personio or a third party commissioned by Personio by post, parcel service or forwarding agent to the postal address provided by the winner. The delivery is free of charge once within Europe. Any additional transport costs, costs for a replacement delivery or customs duties shall be borne by the winner. The place of performance remains the registered office of Personio, despite the assumption of the shipping costs.

2.8 The claim to the prize will be forfeited if the prize cannot be sent within four weeks after acceptance of the prize and the reason for this lies in the person of the winner.

2.9 The prizes shown as part of the Prize Draw description may differ from the items or services presented to the winners, provided that they are equivalent in terms of the prizes described from the point of view of an average participant. According to this provision, there may be deviations with regard to model, color or the like.

2.10 If the prize shown in the Prize Draw description cannot be supplied or can only be supplied under unreasonable circumstances (e.g. the prize originally intended is no longer available), the winner will receive a replacement of equal value. 

2.11 Payment of the prize or any substitute prize in cash or in kind as well as their exchange is not possible.

2.12 The claim to the prize or prize substitute cannot be assigned.

3. Responsibilities of the participants

To the extent that Personio is held liable for unlawful content or violations of the law or these Terms and Conditions for which one or more participants are responsible, the participants concerned shall, to the extent of their responsibility, indemnify Personio upon first demand against the claims and assist Personio in defending against the claims. The indemnification includes the necessary legal costs.

4. Premature termination and temporal extension of the Prize Draw

4.1 Personio reserves the right to terminate the Prize Draw prematurely or extend its duration at any time without prior notice and without giving reasons. 

4.2 Personio will in particular make use of the possibility of an early termination if for technical or legal reasons a proper execution of the Prize Draw cannot be guaranteed. 

4.3 If such a termination is caused by the behaviour of a participant, Personio may claim compensation from this person for the damage incurred.

5. Liability

5.1 Personio shall be released from all obligations upon delivery of the prize, unless an earlier date is specified in these rules.

5.2 The prizes of the Prize Draw may be provided by a partner (hereinafter referred to as "Sponsor"). Personio shall not be liable - subject to its own fault as set out in these liability provisions - for any items or services won that are provided by a sponsor and not by Personio itself. The warranty and guarantee conditions of the respective sponsor apply, provided that these do not restrict the participants and can be transferred by Personio to the participants. Claims for possible material defects and defects of title in the prizes provided by the sponsors are to be made exclusively against them.

5.3 Personio is not liable for the insolvency of a sponsor and the consequences resulting therefrom for the implementation of the Prize Draw .

5.4 Personio is only liable for damages if the damage is due to intent or gross negligence. In addition, Personio is liable for the breach of a cardinal obligation due to simple negligence only. Cardinal obligations are those, the fulfilment of which enable the proper performance of the Prize Draw and the achievement of the purpose of the contract in the first place and on the compliance with which a participant may regularly rely. In this case, however, Personio shall only be liable for the foreseeable, contract-typical damage. Personio shall not be liable for the slightly negligent breach of the obligations mentioned in the above sentences by others. As far as the liability of Personio is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of Personio. In case of grossly negligent breach of duty by vicarious agents of Personio, the aforementioned limitations for slightly negligent breach of essential duties apply accordingly. The above limitations of liability do not apply in case of injury to life, body and health. Liability under the Product Liability Act remains unaffected.

6. Data protection

6.1 Personio collects, processes, uses and stores the personal data provided by the participants for the purpose of carrying out and processing the Prize Draw in accordance with the statutory provisions and within the scope of the consent granted by the participants in each case. Personio is entitled for this purpose to transmit the winner's data to transport companies, cooperation partners, sponsors and cooperation partners of the sponsors (e.g. for the delivery of the prize). Neither Personio nor third parties will use the entrant's personal data for any other purpose without the entrant's express consent.

6.2 Information on the processing of personal data in the context of participation in Prize Draws can be found in Personio's privacy policy.

6.3 Each participant is free to revoke his/her declaration of participation at any time and hereby object to the use of his/her data within the scope of the sweepstake. For this purpose, the participant shall notify Personio of his/her revocation by e-mail at the following e-mail address: voyager-academy-support@personio.atlassian.net

7. Other

7.1 Personio reserves the right to change these Terms and Conditions at any time without notice.

7.2 If any provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall not be affected.

7.3 The law of the Federal Republic of Germany shall apply to the Prize Draw and the Terms and Conditions.