1.1 - The organiser of this Photo Campaign is EvoBus GmbH, Mercedesstraße 127/6, 70327 Stuttgart ("Organiser").

1.2 - The Photo Campaign is in no way affiliated with, sponsored, endorsed or organized by Facebook/Instagram/LinkedIn/Twitter. The participant thus indemnifies Facebook/Instagram/LinkedIn/Twitter against all claims that could be made against Facebook/Instagram/LinkedIn/Twitter in connection with the implementation of the Photo Campaign.

2.1 - The competition is open to all persons over the age of 18 who are resident in the European Union, Switzerland and the United Kingdom.

2.2 - Participation with fake identities or with the identities of third parties is not permitted.

EvoBus GmbH is looking for photos of people with a passion for the Setra bus brand. These pictures from private individuals, fans, bus enthusiasts, employees etc. are to be published in a large photo gallery as part of the Setra brand's 70th anniversary. This will take the form of online exhibitions on each individual country version of the Setra website. The online photo gallery will also be shared via the social media channels (Instagram, Facebook, LinkedIn and Twitter) of EvoBus subsidiaries and global Daimler Truck & Buses channels (COM/TB).

3.1 - In order to take part in the Photo Campaign, the eligible participant must submit a picture or several pictures by 31.12.2021 portraying their special bond with the Setra brand; upload them via the online participation form at http://setra-bus.link/setratruelove; and enter the necessary data (surname, first name, email address, country, picture taken and picture description).

3.2 - There are no other ways of participating.

3.3 - Participation in the Photo Campaign is free of charge.

4.1 - The Photo Campaign ends on 31.12.2021 at 23:59 CET.

4.2 - Attempts to participate after the deadline has passed cannot be taken into consideration.

5.1 - By participating in the Photo Campaign, participants consent to the use of the image material provided by them for the purposes of reporting on the campaign and advertising the company/group across the Organiser’s communications channels and those of affiliated companies as per § 15 AktG (German Stock Corporation Act; these channels include Setra country websites, social media). The connection of names to images will not take place. By participating, the participant grants the Organiser and its affiliated companies a royalty-free, non-exclusive, spatially unlimited right to use the photographic material for a fixed period up to December 31 2024, as well as the right to transfer and sublicense the material to third parties. In particular, the Organiser and its affiliated companies are entitled to modify, reproduce in modified and unmodified form, distribute and publicly distribute (including via social intranet, internet, social media channels), archive and exhibit the image material.

5.2 - The participant shall provide the photographic material free of third-party rights (copyrights and trademark rights, rights of depicted persons to their own image and other personal rights, etc.). The right to be named as copyright holder is waived.

6.1 - Manipulation, spoofing or attempted manipulation will be cause for the disqualification of a participant from the photo campaign. Any entrant who enters or seeks to enter this Photo Campaign with the intention of interfering with its operation in a manner which, in the reasonable opinion of the Organiser, is inconsistent with these Terms & Conditions of Participation or is unfair to other entrants may, at the Promoter's sole discretion, be disqualified from entering.

6.2 - Entrants who provide false information or entries on behalf of others will be disqualified at the Organiser's sole discretion. No third-party entries, entries made by agents/interest groups or activities that undermine this Photo Campaign are permitted.

6.3 - Likewise, the Organiser reserves the right to exclude at its own discretion participants who submit commercial content or content that is pornographic, sexist, racist, discriminatory, radicalising, right-wing extremist, glorifies violence or offends accepted morality, either in the form of submissions or comments under the photo posts; and to request the deletion of such comments.

6.4 - The participant has no legal right to the publication of the submitted photographic material. The Organiser decides on the publication of the photographic material at its own discretion.

6.5 - The decision of the Organiser regarding the exclusion of a participant or the non-publication of submitted visual material is final and binding.

7.1 - If a participant infringes intentionally or through gross negligence on the rights of third parties in participating in the Photo Campaign, this participant shall indemnify the Organiser against all claims, including claims for damages, if the Organiser is held liable/claimed against as a result of this infraction. In this case the participant must reimburse the Organiser for all costs incurred due to the infringement of the rights of third parties, including the costs incurred for legal defence.

7.2 - Further claims for damages remain unaffected by the provision in paragraph 7.1.

8.1 - The Organiser expressly reserves the right to amend or adapt these Conditions of Participation in whole or in part at any time, with future effect. In particular, the sequence of events within the Photo Campaign may be changed.

8.2 - The Organiser has the right to terminate or cancel the Photo Campaign at any time at its sole discretion, without notice. Termination may occur in particular if for technical reasons (e.g. due to tampering or computer viruses) or legal reasons (e.g. prohibition by the platform operator or governmental authorities) it becomes impossible to guarantee the proper execution of the photo campaign. Participants may not base any claims for contractual performance or reimbursement of damages on premature termination.

8.3 - The participants will be informed in a suitable manner about changes to or the termination of the Photo Campaign.

9.1 - Purposes of data processing

The personal data you provide will only be processed for the purpose of implementing this Photo Campaign and publishing the submitted photos. Your personal data as a participant will be processed within the framework of the rights granted to the participant under paragraph 5 of the Conditions of Participation. Your image, which allows a connection to be made with your person and others, will only be published for marketing as part of the #setratruelove campaign. (See paragraph 3).

9.2 - Legal basis

The processing of personal data is based on art. 6 para. 1 (b) GDPR.

9.3 - Data controller

EvoBus GmbH
70327 Stuttgart
Mercedesstraße 127/6
Germany

Email: mbox-datenschutz-evobus@daimler.com

9.4 - Contact Data, Group Data

Protection Officer at Daimler AG
HPC E600
70546 Stuttgart
Germany

Email: data.protection@daimler.com

9.5 - Data categories

We process the following categories of personal data: Name, first name, email address, country, captured image and image description. Insofar as the image recording provides indication of the ethnic origin, religion or health of persons depicted (e.g. skin colour, head coverings, glasses) the processing also covers this data.

9.6 - Deletion

All personal data collected will be deleted by 31.12.2024.

9.7 - Transfer to third parties

Your data will not be transferred to third parties. This does not apply to the image material itself, which may be handed on to affiliated companies as described in paragraph 3. Images may hereby also be sent outside the EEA. This transferral is justified by appropriate data protection guarantees, specifically the Daimler Data Protection Policy: https://www.daimler.com/datenschutz/. The participant is advised that information on the Internet is accessible worldwide, meaning the possibility of further use of these photos by third parties cannot be excluded by the Organiser. Pictures can be found with search engines and linked to other information. They can be copied and further disseminated. This may result in information published on the Internet continuing to be found elsewhere even after it has been deleted from the original site.

9.8 - Rights of the data subject

You have the following rights in connection with the processing of your personal data:
- In accordance with art. 15 GDPR, you have the right to request information about the data stored by us.
- In accordance with art. 16 GDPR, you have the right to rectification of incorrect data.
- In accordance with art. 17 GDPR, you have the right to erasure of your data if no legal reason remains for their continued storage.
- In accordance with art. 18 GDPR, you have the right to demand the restriction of the processing of your data. This means that your data will still be stored but may only be processed under limited conditions (e.g. with your consent or for the exercise of legal claims).
- In accordance with art. 20 GDPR, you have the right to data portability with regard to all data which you have provided to us. This means that we can provide you with this data in a structured, commonly used and machine-readable format.
- If you have consented to the processing of your personal data by us, you have the right to withdraw your consent at any time in accordance with art. 7 (3) GDPR. The lawfulness of the processing of your personal data up to the point of withdrawal of consent is not affected by such revocation. The potential for further processing of these data on another legal basis, such as for the fulfilment of legal obligations (see section "legal basis"), also remains unaffected.

9.9 - Right of appeal to the supervisory authority

You have the option to contact the above-mentioned data protection officer or a supervisory authority responsible for data protection if you are of the opinion that the processing of your personal data violates the General Data Protection Regulation.

To exercise these rights, please send an email with the subject line "#setratruelove" to mbox-datenschutz-evobus@daimler.com. If a request for deletion is made before the end of the Photo Campaign, this will entail the termination of participation in the Photo Campaign if the request prevents further participation. In this case, participation will no longer be possible.

Under certain circumstances, you have the right to object to our processing of your personal data at any time for reasons relating to your particular situation or if the data are used for direct marketing; in such case we may be obliged not to continue processing your personal data. In addition, where personal data are processed for the purposes of direct marketing, you have the right to object at any time to the processing of your personal data for such purposes. This also applies to profiling, insofar as it is connected with such direct advertising. In this case, the personal data will no longer be processed by us for these purposes.

To exercise these rights, please send an email with the subject line "#setratruelove" to mbox-datenschutz-evobus@daimler.com.

9.10 - The Organiser bears no responsibility for any data processing carried out by Instagram, Twitter, Facebook and LinkedIn beyond that accepted in accordance with the rights granted under paragraph 5 of the Conditions of Participation. Information on the data processing carried out by Instagram, Twitter, Facebook, LinkedIn can be found in the data protection policies of Instagram, Twitter, Facebook, LinkedIn.

Except in the case of gross negligence or intent, the Organiser shall not be liable for any damage, loss or impairment resulting from the participant’s ability to participate in this Photo Campaign being limited or prevented. Likewise, the Organiser is liable only in the case of gross negligence and intent for damages, losses or impairments resulting from participation in this Photo Campaign. Liability for damages arising from injury to life, limb or health, from material contractual obligations or the German Product Liability Act remain unaffected by the aforementioned liability limitations and disclaimers.

11.1 - There is no right of appeal.

11.2 - The law of the Federal Republic of Germany applies exclusively.

11.3 - The European Commission provides an online dispute resolution (ODR) platform that consumers can use to resolve disputes out of court that arise from online contracts with a company established in the EU. You can find this at http://ec.europa.eu/consumers/odr/.

11.4 - Notice pursuant to § 36 Consumer Dispute Settlement Act (VSBG): The Organiser will not participate in a dispute resolution procedure before a consumer arbitration board as set out in the German Consumer Dispute Resolution Act (VSBG) and is not obliged to do so.

11.5 - Should individual provisions of these Terms & Conditions of Participation be wholly or partially invalid or contain loopholes, the other provisions shall remain unaffected. Invalid or incomplete provisions shall be replaced by valid provisions that come closest in meaning to the intention of the invalid ones.