For the participation in “Experts Share EXPERT” (hereinafter “Campaign”) the following Conditions of Participation (hereinafter “Conditions of Participation”) apply. By participating in the Campaign, the participant expressly accepts these Conditions of Participation.
1.1 The organizer of the Campaign is Scintilla AG, Luterbachstrasse 10, 4528 Zuchwil, Switzerland (hereinafter „Bosch“). Robert Bosch Limited (with its registered office address of c/o Bosch Rexroth, Viewfield Industrial Estate, Glenrothes, KY6 2RD, UK and company number SC013418) assists in the organization and administration of the Campaign. The shipment of the prizes is outsourced to “michael seefeldt. DirektMarketing GmbH”, Beim Erlenwäldchen 20. 71522 Backnang, Germany, commissioned by Bosch (hereinafter „Agency”).
1.2. The Campaign is not affiliated with or sponsored, supported or organized in any way by Meta (Facebook, Instagram, YouTube) or Google Display Network (GDN) (hereinafter “Social Media Platforms”). None of the Social Media Platforms are a contact person for the Campaign. The recipient of the data and information provided by the participant is not the Social Media Platform but Bosch. All questions, comments or complaints about the Campaign are to be addressed to Robert Bosch Limited, Broadwater Park, North Orbital Road, Denham, Uxbridge UB9 5HN, UK, mkb.on@bosch.com with a subject line: “Experts Share EXPERT”).
2.1. The Campaign runs from 23 September, 2024, 07:00 am GMT until 8 November, 2024, 07:00 am GMT (hereinafter “Campaign Period”).
2.2. The Campaign will only take place in Great Britain (England, Wales and Scotland) excluding Northern Ireland and Republic of Ireland.
3.1. The registration in the Campaign needs user sign-up on the Campaign landing page. The participants of the Campaign are required to provide the following personal data on the landing page under the URL [https://www.bosch-professional.com/gb/en/performance-classes/expert/share/] (hereinafter “Website”):
3.2 In order to enter the pool of eligible participants of the Campaign, the registered participants are required to share the social media post URL with the video testimonial about the Bosch power tool accessory on the landing page communicated to the participant by e-mail after the sign-up.
3.3. The participation in the Campaign is free of charge and voluntary.
3.4. Only those who have reached the age of 18 and signed up personally for participation are eligible to participate. The participant undertakes to provide truthful information. Participation via automated procedures, forged identities or identities of third parties is not permitted. Bosch reserves the right to exclude the concerning participant in these cases.
3.5. Employees of Bosch and other companies involved in the implementation of the Campaign, as well as their relatives, are excluded from participation. Relatives within the meaning of these general Conditions of Participation are spouses, registered life partners and first- and second-degree relatives.
4.1. The participant undertakes to create a video contribution on his/her social media channel / profile that meets the requirements set out in the Annex of these Conditions of Participation and to upload the link until 8 November 2024, 07:00m GMT, on the provided Bosch website. The URL to this website will be communicated to the participant by e-mail after the sign-up. For this purpose, the participant has to set his/her social media channel to "public". The participant may share more than one social post URL with us. Multiple video contributions will not increase the chances to win. Each participant can only take part in the Campaign once.
4.2. When using the power tool and accessory to create the video, the participant must observe the operating instructions (in particular the use of the safety equipment specified) and take generally applicable safety precautions for the safe use of power tools and accessories. Applicable law must be complied with.
4.3. Participants whose videos are not uploaded within the Campaign Period or who otherwise violate these Conditions of Participation or legal regulations will be excluded from the Campaign. Bosch is also entitled to exclude participants from the Campaign whose Video Contributions are, according to Bosch’s assessment, unsuitable, inappropriate, offensive, insulting or harmful, or contain political, religious, racist, sexual, discriminatory, otherwise degrading or other content that is not in the interest of Bosch.
4.4. At Bosch’s request, the participant must immediately delete the publication if the Conditions of Participation have been violated. The publication on its own social media channel / profile does not release the participant from its own liability, and the participant indemnifies Bosch from any third party claims pursuant to section 8.
4.5. The publication must be clearly marked as “advertising” or “promotional video” and the guidelines of the respective platform provider, all applicable laws, regulations, rules, regulatory authority codes and best practices must be strictly adhered to. If the participant does not comply with these requirements and Bosch becomes aware of them, the participant is obliged to delete the video post immediately at Bosch’s request. Bosch is also entitled to exclude the participant from the Campaign. In particular, the rules, guidance notes and codes of ASA (Advertising Standards Authority) such as CAP Code and rules, guidance notes and codes of CMA (Competition and Markets Authority) and the laws and regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 shall be strictly adhered to.
4.6. Granting of rights
a) Bosch and the companies affiliated with Bosch (the “Bosch Group”) receive free of charge the irrevocable, unlimited, non-exclusive factual, spatially and temporarily unlimited right of use to the submitted Video Contribution/s and possibly any additionally submitted image and/or text material (collectively “Video Contribution”). The Bosch Group is entitled to store and transmit the Video Contribution worldwide, inside and outside of the Bosch Group, in any way and via any media, regardless of the recording or transmission technology in particular in print and online media (internet and intranet), also in electronic form, including but not limited to social media profiles (e.g. Facebook, Instagram, YouTube), to use advertising and information purposes and to make them publicly available. This includes the right for reproduction, distribution, exhibition and public communication. In particular, the granting of rights also includes the so-called right to one’s own image. “Companies affiliated” as used in these Conditions of Participation means any legal entity which is controlled by Bosch or which controls Bosch or which is under common control with Bosch. Control exists if at least 50% (fifty percent) of the equity interests or voting shares are held in a business organization or in the event of the management and policies of a business organization being controlled directly or indirectly through equity ownership, contract or by other means.
b) The Bosch Group is entitled to shorten, cut, digitize, electronically edit, retouch or otherwise modify or edit the Video Contribution.
c) The Bosch Group is entitled to grant sub-licenses.
d) The filmmaker refrains from naming. However, he/she agrees that Bosch Group may use his/her name or a pseudonym and his/her job title/profession in the marketing material.
4.7. The participant assures that the Video Contribution is free from third party rights and releases the Bosch Group to the full extent. This applies in particular to personal rights of third parties recorded, if applicable, as well as to third party copyrights. The participant must additionally comply with the applicable data protection regulations.
5.1. All eligible participants will be entered into a prize draw for a chance to win one of the following 100pcs Bosch power tools EXPERT accessories according to the material the participant processes most often in his daily job worth up to 40 GBP (per accessory):
Or one of 25pcs Bosch branded JBL Go Essential Portable Bluetooth Speakers worth 40 GBP in combination with Bosch e-shop voucher.
5.2. The winners will be drawn randomly from among all eligible entrants who meet the requirements set forth in clause 3 and 4. The winners of the prize draw will be notified by e-mail on or around 14 November, 2024. Bosch is not obliged to investigate further if a winner cannot be contacted via the email address provided.
5.3. If a winner fails to claim their prize within a period of 14 calendar days of the notification by entering their shipping information so the prize can be shipped out to the winner, or if a winner provides an invalid e-mail or shipping address, such winner will forfeit the prize.
5.4. The prizes cannot be exchanged and there is no cash alternative. Prizes are not transferable to third parties and cannot be collected in person.
5.5. The winners accept a reasonable substitute for their prize in the event of circumstances that Bosch is not at fault for.
5.6. The prize will be sent to the winner’s shipping address. Upon the delivery of the winner announcement email to the winner, the winner takes full responsibility to claim the prize. Bosch shall not be liable for unclaimed or undelivered prizes.
6.1. In addition to the prize draw, Bosch will select best Video Contributions until end of 2024. The selection of best Video Contributions will be done at the discretion of Bosch Group out of all Video Contributions received during the Campaign Period. The quality of the content will be judged within the guidelines provided by Bosch. The guidelines will be announced both on the campaign page as well as in the Annex of these Conditions of Participation. The inspirational factor of user testimonial and the overall quality of the content will also play an important role. Legal actions are excluded.
6.2. The Video Contributions selected by Bosch as best user testimonials will be further posted on Bosch Professional Power Tools and Accessories website www.bosch-professional.com and / or re-/posted on official social media Bosch Professional Power Tools and Accessories channels / pages, e.g. on Youtube, Facebook, Instagram, etc.
6.3. The Video Contributions – only which were selected as best - will be stored on Bosch servers for as long as it is dictated by the marketing strategy of Bosch.
7.1. Bosch shall not be liable for loss of data, e.g., during the transfer of data due to technical defects or due to faulty, lost or delayed entries or network, hard- or software issues.
7.2. To the extent permitted by applicable mandatory laws, Bosch shall not be liable for defects in material or title of the prizes. Bosch shall in particular not be liable to repair or replace the prizes. Otherwise, Bosch is liable in accordance with the statutory provisions (i) in the event of intent and gross negligence, (ii) in accordance with the provisions of the applicable product liability laws, (iii) within the scope of a guarantee assumed by Bosch, and (iv) in the event of injury to life or limb or a person's health.
The above limitations of liability also apply in the event of the fault of one of Bosch's vicarious agents and for the personal liability of employees, representatives and bodies of Bosch as well as for claims for reimbursement of expenses.
8.1. The participants are solely responsible for all content that they provide in connection with the Campaign on their own social media channels / profiles (e.g., Facebook, Instagram, YouTube). Bosch is not obliged to check the content provided by the participant for potential violations of the law or for violations of third-party rights or non-compliance with the respective platform guidelines. The contents may (i) not represent an insult to other users or third parties and may not in any way slander, harass or damage other users or third parties, (ii) not infringe any (other) rights of third parties (in particular personal rights, copyright and performance rights), (iii) not make any advertising for third parties (in the form of links, texts and/or images), (iv) not contain viruses or like-requests and (v) not make any immoral, obscene, pornographic, threatening, violent, discriminatory or racist objects.
8.2. The participants will fully compensate, defend and indemnify Bosch and the Bosch Group companies, Facebook, Instagram, YouTube, Google Display Network (GDN) and its officers, directors, employees, affiliated companies, subsidiaries or agents (including reasonable attorneys’ fees) arising in connection with content provided by the participant. Claims caused by Bosch are excluded from this.
8.3. By participating in the Campaign, the participant explicitly releases Facebook, Youtube or Instagram from any liability.
9.1. A violation of these Conditions of Participation entitles Bosch to exclude the respective participant from the Campaign. This applies in particular if the participant provides false information, if he/she tries to register in the Campaign several times or if content of the participant (e.g., Video Contributions, but also comments on Bosch’s own social media channels / profiles or those of other participants) violates applicable law, rights of third parties or rights of Bosch (e.g. non-observance of the safety instructions according to the respective operating instructions). The same applies to the content, which can be regarded as glorifying violence, offensive, harassing or degrading or otherwise violates the sense of social decency. Especially if the necessary safety equipment according to the operating instructions in the Video Contribution has not been used.
10.1. Bosch reserves the right to cancel or terminate the Campaign at any time without notice and without giving reasons. In particular, Bosch makes use of this option for technical reasons (e.g., viruses in the computer system, manipulation or errors in the hardware and/or software) or due to legal reasons the proper execution of the campaign cannot be warranted.
All information on the processing of personal data can be found in the organiser's privacy policy. This is available at [https://www.bosch-pt.com/ptlegalpages/ch/scintilla/en/ese/privacy/].
12.1. The parties will maintain secrecy about all information that is to be treated as confidential and which they have become aware of in the context of this contractual relationship or will only use it towards third parties with the prior written consent of the other party - regardless of the purpose. Information to be treated as confidential includes information expressly designated as confidential by the party providing the information and information which by its nature is to be regarded as confidential.
12.2. If information to be treated confidential is requested by an authority from one party, the other party must be informed immediately about the transmission of the information to be treated confidential to the authority.
12.3. The obligations according to this section 12 do not apply to such information or parts thereof for which the receiving party proves that it
a) was known or generally accessible to it before the date of receipt or became known by a third party lawfully and without any obligation of confidentiality after the date of receipt; or
b) was known or generally available to the public prior to the date of receipt; or
c) became known or generally accessible to the public after the date of receipt without the responsibility of the party receiving the information.
12.4. Each party may disclose confidential information to its employees and to its affiliated companies if
a) this is necessary for the purpose of implementing these Conditions of Participation;
b) information to be treated as confidential is only passed on to the extent that it is indispensable for inclusion in these Conditions of Participation (on a "need to know" basis); and
c) the recipient of information that is to be treated as confidential is sworn to secrecy pursuant to Section 12.5.
12.5. Each of the parties undertakes to oblige employees and affiliated companies and third parties within the meaning of Section 12. who are entitled to receive information to be treated confidential, to confidentiality in accordance with the provisions of Section 12.1 to Section 12.3, insofar as this is not already otherwise due contractual or statutory provisions to an extent that is at least equivalent to the level of protection resulting from Section 12.1 to Section 12.3.
12.6. The obligations according to this Section 12 also exist beyond the end of the contract for an indefinite period of time, as long as an exception according to Section 12.3 is not proven.
You have the right to withdraw from this contract at any time without providing any reason by contacting Bosch at: mkb.on@bosch.com.
These Conditions of Participation are subject to Swiss Law, to the exclusion of conflict of law provisions. If the participant is a consumer, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the participant has his/her habitual residence (principle of favourability). The validity of the UN Sales Convention (CISG) is excluded.
The exclusive place of jurisdiction for all legal disputes arising from or in connection with these Conditions of Participation is Solothurn, Switzerland, insofar as the participant is not a consumer but an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all legal disputes arising from or in connection with these Conditions of Participation is Solothurn, Switzerland. The same applies if the participant does not have a general place of jurisdiction in Switzerland or if their domicile or habitual abode is not known at the time the action is filed.
Scintilla AG
June 2024
Annex – Content of Video Contribution
1. Show that you are a professional and create a video inspired by your professional life as a tradesman. Choose a true scenario and make it insightful for your viewers. Show, for example, what you like about the accessory of EXPERT range, Bosch power tools top performance class, how it makes your work easier etc.
2. In the Video Contribution, Professional products of Bosch as well as other power tool manufacturers’ such as power tools or measuring tools may be used. However, the brands of manufacturers other than Bosch must not be identifiable.
3. Video length: minimum 45 seconds, maximum 90 seconds.
4. When creating the video, please be sure to observe the operating instructions for the tool and accessory used and take general safety precautions for the safe use of power tools and accessories.
5. Please observe the data protection regulations when creating the video. In particular, third parties shall not be depicted without their consent.
6. Videos must be uploaded to your own social media channel / profile with the #ExpertsShareEXPERT and #boschprofessional and the link to the social media post must be uploaded to a website provided by Bosch (URL will be sent to the participant by email) until 8 November, 2024, 7:00 am. The social media channel / profile must be publicly accessible.
7. If you do not upload your Video Contribution by the end of the Campaign Period or in any other way violate these Conditions of Participation or legal regulations, you will be excluded from the Campaign. We are also entitled to exclude you from the Campaign if, in our opinion, your Video Contribution is unsuitable, inappropriate, offensive, insulting or harmful, or contains political, religious, racist, sexual, discriminatory, otherwise degrading or other content that is not in the interest of Bosch.
8. The publication must be clearly marked as “advertising” or “promotional video” and the guidelines of the respective platform provider, all applicable laws, regulations, rules, regulatory authority codes and best practices must be strictly adhered to. If the participant does not comply with these requirements and Bosch becomes aware of them, the participant is obliged to delete the video post immediately at Bosch’s request. Bosch is also entitled to exclude the participant from the Campaign. In particular, the rules, guidance notes and codes of ASA (Advertising Standards Authority) such as CAP Code and rules, guidance notes and codes of CMA (Competition and Markets Authority) and the laws and regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 shall be strictly adhered to.
9. You may only use license and royalty-free music.