I have an urgent question! Almost 3 months ago I won an xBox One X on a Youtuber, but this one had problems with its sponsor and the two of them broke up now… I wrote to him and he assured me that I still get the xBox. So far no further feedback… I recently read that despite the loss of his sponsor, he MUST make the profit. Is that correct? Am I entitled to the profit or could he deny it to me?
You have a claim, if he does not clarify that before it's his problem.
The BGB is there clearly:
§ 661a
prize notifications
An entrepreneur who sends a promise of profit or similar communications to consumers, and who gives the impression that the consumer has won a prize by designing these submissions, must pay that price to the consumer.
Was more likely a fake raffle that exists on Youtube and Facebook massively. Against some there are already procedures. Actually, you have to hand over a promise, but some save themselves with umklaren formulations. I would generally refrain from such competitions
It is clear that there are many such fakes, but I know people who have already won and received something from him. So he certainly did not lie and really lost his sponsor…
