Terms and Conditions

1. The "#missingtuiblue competition” is part of an User Generated Content Campaign organized by TUI Hotel Betriebsgesellschaft mbH, Karl-Wiechert-Allee 23, 30625 Hanover, Germany, hereinafter referred to as TUI BLUE, and available for participants on the online platform TUI-BLUE.com as well as on the social media platforms Instagram and TikTok. The competition is organized by TUI BLUE and neither Instagram nor TikTok is affiliated with the competition, and the competition is neither sponsored, endorsed nor organized by Instagram or TikTok. The eligibility requirements, the actions to be taken, the prize and the method for selecting the winner are set out in the competition description made available to participants as part of the calls for entries issued by TUI BLUE and, in addition, in these Conditions of Participation.

2. Participants must be at least 18 years of age, residents of a country of the European Union or the United Kingdom (including the Channel Islands), must speak German or English and must have access to the internet. Employees of TUI BLUE and their relatives as well as employees of TUI Group companies and their relatives shall be excluded from participating. The same shall apply to employees of travel agencies with TUI representation.

3. To enter the #missingtuiblue competition all participants are required to upload a private, 9:16 format, short video that they took themselves in a TUI BLUE Hotel or with regards hereto. For participation the video shall be uploaded on Instagram or TikTok with the #missingtuiblue or on the upload page provided on the TUI BLUE website. To participate via the latter a valid e-mail address must be provided. The video must not show any sensible content and all participants must comply with the provision set out by the respective social media provider. In case of non-compliance, TUI BLUE will exclude participants from the competition and seek the videos immediate deletion. The participants are solely reliable for their videos´ decency and agree to indemnify TUI BLUE for any damages incurring by breach of this clause.

4. Participation shall be independent of the booking of a trip or the purchase of other TUI BLUE services and shall be free of charge. Participation is exclusively possible via Instagram and TikTok using #missingtuiblue or the video upload page provided on the TUI BLUE website.

5. The upload period for the #missingtuiblue competition will be running from 01/02/2024 at 12.00 am (CET) until 18/03/2024 at 11.59 pm (CET). The upload period will be followed by the jury voting, the result of which will be announced on 28/03/2024 by the latest. The members of the jury will be determined by TUI BLUE in advance and will decide on the winner on a subjective basis after the upload period has ended. The jury will select the winner considering the creativity, quality and content of the uploaded videos. Any “likes” gained by the video uploaded on a social media platform will not be taken into consideration. The winner of the competition will be informed in a timely manner via a separate direct message on Instagram or TikTok or via e-mail. The participants agree to be contacted through the aforementioned channels and that the winners name will be published on the TUI BLUE Website, Instagram and TikTok. A total of 1 winner will be chosen. The winner will receive a hotel voucher.

6. By submitting the video the participants confirm that they possess exclusive video rights, i.e. that no third party can claim rights to the submitted video. The submitted video must not show any person that has not agreed to its publication, thus, the participants must ensure that all persons visible in the video agree to the publication of the entry.

7. The participant agrees to transfer to TUI BLUE the non-exclusive right to use the videos free of charge, unlimited in terms of time and place and irrevocably for reporting on the competition and its promotion as well as for future marketing purposes. The transfer of rights shall include the right of exploitation (duplication, distribution, exhibition), public reproduction (presentation, making available to the public, broadcasting), against payment or free of charge, in full or in part, as well as within the framework of other productions, via any media, including print media, audiovisual media such as free TV, pay TV, video on demand, CCTV (club TV, hotel TV), so-called "new media" (internet/intranet (also for downloading as well as within the framework of e-papers, newsletters, etc.)), the website TUI-BLUE.com, social media (Facebook, Instagram, TikTok, Pinterest, YouTube etc.), "VR use" (virtual reality) and "AR use" (augmented reality), etc., as well as for the production of image/sound/data carriers (video, DVD, CD-ROM, etc.), irrespective of the storage technology, and their exploitation to the extent described above. The transfer of rights shall include the right for TUI BLUE to transfer corresponding rights of use and exploitation to Group companies and affiliated companies of TUI AG as well as sales partners and service providers commissioned by TUI BLUE and/or the Group companies. With the transfer, the participant agrees to the processing and modification of the videos by TUI BLUE or other Group and affiliated companies of TUI AG as well as sales partners and service providers commissioned by TUI BLUE and/or the Group companies, even without further involvement of the participant.

8. For videos submitted via Instagram or TikTok, utilization by TUI BLUE will be agreed separately on respective platform and in consultation with the participant.
 

9. The winner will receive a hotel voucher for the TUI BLUE Bahari Zanzibar hotel. The hotel voucher includes a hotel stay at TUI BLUE Bahari Zanzibar of 7 nights, including All Inclusive Board for 2 persons (winner+1) in a Double room deluxe. The costs of travel to and from the hotel as well as any tourist taxes are not included in the prize and are to be borne by the winner. The winner must also bear any expense for food or drinks beyond the All Inclusive Board as well as any costs for voluntary additional services on site. The hotel voucher will be valid from 29/03/2024 to 31/12/2024. Redemption is possible during this period subject to availability, but excluded from 23/07/2024 until 04/08/2024.

10. The participants are obliged to provide correct and complete information. If the contact details provided are incorrect (e.g. the e-mail address) or if participants cannot be determined or reached by their social media account anymore, TUI BLUE is not obliged to investigate this further and any disadvantages resulting from this shall be to the detriment of the participant.

11. The winner shall be notified by TUI BLUE by either direct message on Instagram or TikTok or via e-mail to the e-mail address provided via the video upload page on the TUI BLUE website. The winner is obliged to confirm the acceptance of the prize with TUI BLUE in writing through the same channel the notification about the prize was received ("reconfirmation"). After positive reconfirmation it is the winners obligation to seek redemption of the hotel voucher in time and to provide TUI BLUE with the data required for the hotel booking.

12. If the potential winner does not reconfirm with TUI BLUE to the contact details provided in the notification within 14 days thereof, TUI BLUE shall be entitled to award the prize elsewhere and the prize will be forfeited. TUI BLUE shall be entitled to choose the next participant in the order of winners to take  their place.

13. Cash payment of the prize, even partially, as well as an exchange shall be excluded. Prize claims as well as the hotel voucher itself cannot be transferred to other persons. In the event of loss of the voucher, TUI BLUE shall not be liable and shall not provide a replacement.

14. The prize shall contain only the items as described in the prize description. TUI BLUE does not guarantee that the prize can actually be utilized by the winner.

15. The #missingtuiblue competition may only be used for private purposes. Neither the competition, nor the content transmitted or produced for this reason, nor the websites and their content, in whole or in part, may be used commercially or in business dealings by participants or third parties. Participants and third parties may not offer the competition or the content conveyed or produced for this reason to third parties nor grant them access to the websites or to their content either in return for payment or within the framework of sponsored services, nor may they distribute content from the websites themselves or keep it on record for distribution or other commercial use.

16. The availability and function of the competition cannot be guaranteed. The competition may be terminated or removed due to external circumstances and constraints without this giving rise to any claims by participants against TUI BLUE. In particular, TUI BLUE reserves the right to discontinue the competition in whole or in part (even without prior notice) or to restrict access to it, in whole or in part, without this giving rise to any claims by participants against TUI BLUE. This shall apply, in particular, in the event of the occurrence of computer viruses, faults in the software and/or hardware and/or for other technical reasons which entail more than insignificant impairment. This shall also apply in the event that the execution is more than insignificantly impaired or excluded for legal reasons, as well as in the event of manipulation or attempted manipulation that affects the administration, security, integrity and/or regular and orderly execution of the competition. If such termination was caused by the conduct of a participant, TUI BLUE may demand compensation from this person for the damage incurred.

17. Claims for damages against TUI BLUE in connection with this competition shall be excluded, irrespective of the legal grounds, unless TUI BLUE, its legal representatives or vicarious agents have acted with intent or gross negligence. TUI BLUE shall only be liable for slight negligence if a contractual obligation essential for achieving the purpose of the contract has been breached by TUI BLUE, its legal representatives or executives or vicarious agents. This limitation of liability shall not apply in the case of claims for damages resulting from injury to life, limb or health or the assumption of a guarantee of quality or fraudulent concealment of defects on the part of TUI BLUE. Insofar as TUI BLUE is liable for slight negligence, the claim for damages shall be limited to the foreseeable damage typical for the contract. TUI BLUE shall not be liable for participants´ misdemeanor or breach of applicable laws or terms and conditions applicable due to the use of Instagram or TikTok.

18. These Conditions of Participation may be amended by TUI BLUE at any time without separate notification, taking into account the respective interests, and within reason. Should individual provisions of the Conditions of Participation be or become invalid, the validity of the remaining Conditions of Participation shall remain unaffected.

19. Legal recourse is excluded with regard to both the drawing of winners and any judgement of the submitted entries. Should a legal dispute nevertheless arise, the participant agrees that any court costs and lawyers' fees incurred in the statutory amount - or in a reasonable amount if no statutory amount is prescribed - which serve a necessary legal defence shall be borne by the party which has been unsuccessful in the court proceedings which have been finally and conclusively concluded. The prevailing party shall be entitled to reimbursement in this respect.

20. Any disputes or complaints will be handled the TUI BLUE marketing department (tui-blue@tui.com) . 

21. It shall be possible to withdraw from the #missingtuiblue competition at any time during the period of the competition. A corresponding notification can be sent informally to the marketing department of TUI BLUE: tui-blue@tui.com and will subsequently lead to exclusion from participation in the competition.

22. By entering the competition, the participants accept these Conditions of Participation.

23. Depending on the participants country of residence there might be personal tax implications when winning a prize. Each participant shall be advised to seek professional advice if necessary.

For any queries, please contact the marketing department of TUI BLUE: 
tui-blue@tui.com

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