TERMS AND CONDITIONS
The platform John Deere Stories located on the website Facebook is organised by John Deere GmbH & Co. KG (registered office in Mannheim, listed in the Commercial Register of the Mannheim District Court under the number HRA 704371), John-Deere-Str. 70, D-68163 Mannheim, Germany (hereinafter referred to as "John Deere").
Terms and Conditions:
John Deere Stories Platform
This platform is connected to the website Facebook allowing individual fans (users) to upload pictures related to all kinds of machinery manufactured by the company John Deere.
Use of the John Deere Stories Platform
Anyone who owns photos of John Deere machinery can upload them on this platform. There is no charge for doing so.
Once their photos have been successfully uploaded, the fan will be asked to provide their first and last names as well as their email address. There is no limit on the number of pictures that can be uploaded.
Anyone uploading images must be at least 18 years old. No reward vouchers will be issued to minors who participate.
If a person uploads a single John Deere machinery picture onto the platform, and John Deere decides to make further use of that picture, then the user will be rewarded with a voucher to the value of fifteen (15) euros which can be used to purchase articles from John Deere’s Online Shop (www.JohnDeereShop.com).
In the event that a person uploads several pictures and John Deere is interested in making further use of all those uploaded pictures, then the user will be rewarded with a voucher to the value of fifteen (15) euros for every selected picture. Such vouchers can be used to purchase articles from John Deere’s Online Shop (www.JohnDeereShop.com).
John Deere agrees that all non-selected pictures as well as the data related to those pictures will be deleted and not used further.
All participants are responsible for the accuracy of the contact details provided by themselves, therefore personal details must be entered correctly.
Employees of John Deere are permitted to participate.
For the purposes of clarity, it is explicitly stated that participation in this promotion is not subject to the purchase of any goods or services.
John Deere is entitled to exclude individual persons from using the platform, if there are reasonable grounds for doing so e.g. any breach, manipulation or non- fulfilment of these Terms and Conditions, and reserves the right to take legal action. If the requirements for exclusion are met, reward vouchers may also be later denied or reclaimed. Exclusion based on reasonable grounds will not give right to any claims on the part of the excluded participants against John Deere.
In addition to the foregoing, in the event of pictures showing unacceptable content, John Deere shall have the right, at its sole and absolute discretion, to delete and report those pictures.
For the purpose of clarity, unacceptable content will mean portraying or encouraging discrimination against people based on personal attributes such as race, ethnicity, colour, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic conditions. In addition, any pictures portraying nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative will also be considered as unacceptable content.
Pictures promoting the use of drugs will be considered unacceptable content and therefore will be deleted immediately.
John Deere shall also be fully entitled to delete any pictures which do not comply with John Deere safety rules, i.e. machinery operated by children or untrained persons, driving machinery without the required seat belt or any other behaviour which could lead to accidents and injuries.
Use of pictures
The user confirms that she/he is the sole and legally entitled copyright owner of the uploaded picture, which means that the respective picture is personally and independently made by the uploading user free of any third party rights. The user acknowledges her/his irrevocable consent for its use, i.e., the publication and dissemination of the picture in compliance with the law concerning copyright in works of fine arts and photography by John Deere, its affiliates and dealers.
With regard to applicable copyright laws, the uploading user irrevocably grants to John Deere as well as its affiliates and dealers the non-exclusive, sub-licensable right to use the respective picture for the purposes of marketing and advertising without restrictions in time, geography and content. This includes the right to copy, disseminate, show, make publicly available, edit and modify the respective picture in any media, e.g., in electronic or printed form. This includes online publications on John Deere’s Facebook, YouTube, website, Instagram and intranet channels; John Deere dealers’ websites, Facebook, Instagram, and YouTube channels as well as printed publications like brochures, flyers, banners, posters and calendars.
The provision and assignment of rights is rewarded by the above-mentioned voucher.
In the event that an uploaded picture features other people as well as the uploading user, then the uploading user expressly guarantees to obtain appropriate written consent from all other people appearing in the picture. Furthermore, the uploading user will be held liable in the event that such consents are not obtained as well as liable for any claim related to non- collection.
John Deere reserves the right to suspend or terminate the use of the platform at any time.
The users acknowledge and agree that their participation in this activity is purely voluntary.
All matters arising out of or relating to these Terms and Conditions shall be governed by and construed in accordance with the substantive laws of the Republic of Germany to the exclusion of its rules on conflict of law provision or rules. Any claim or cause of action arising under these Terms and Conditions shall be brought only in the courts located in Mannheim (Germany), and the parties hereby consent to the exclusive jurisdiction of such courts.
By participating in the campaign "John Deere Stories", you agree to the use of your personal data to the following extent:
Collection, storage, and processing of personal data
As part of your participation in the John Deere promotion "John Deere Stories", the following personal data will be collected and stored: first and last name, address and email address, picture(s). The data will be stored electronically.
We share or disclose information to John Deere affiliates, John Deere dealers and our external IT service provider. Information is transmitted to or accessed in other countries with different, and perhaps less protective data protection laws (including United States of America), although John Deere uses Standard Contractual Clauses and/or Binding Corporate Rules. More information on such measures is available in our complete privacy statement.
There will be no further disclosure of your personal data to third parties. Your personal data disclosed due to participation in this campaign will be treated as strictly confidential, will be used exclusively for the proper running and processing of the campaign and will be deleted three months after final completion of usage of your picture.
Data Subject Rights
You have a right to information about the use of your personal data. Upon request, you will be provided with complete information about the stored data, insofar as it concerns you. For this, an informal email to R2DataPrivacyManager2@JohnDeere.com will be sufficient.
You may withdraw your consent to the use and storage of your email address at any time without having to give reasons. For this, an informal email to R2DataPrivacyManager2@JohnDeere.com will be sufficient. You may also have your data corrected in the same way.
In the event of a withdrawal of consent, your personal contact data will be deleted from the database immediately. The withdrawal and the successful deletion of your personal participant data will be confirmed by email upon request. You also have the right to complain to the relevant Supervisory Authority. You have the right to request a machine readable copy of data in certain circumstances.
However, the consent given regarding the usage of pictures after uploading them cannot be withdrawn.
Our general data protection provisions also apply