PEPPER-THE CAVALIER
Conditions of participation for online competitions on Instagram
1. SCOPE
These terms and conditions apply to all competitions organized by Marina Forster, Attilastr. 110, 12105 Berlin/ Germany (hereinafter “Organizer”). By participating, each participant accepts these terms and conditions of participation.
This competition is not connected to Instagram. It is in no way sponsored, endorsed or organized by Instagram and does not create any legal claims against Instagram. All information relating to this competition is provided exclusively by the organizer.
2. PARTICIPATION
2.1 Any natural person with a minimum age of 18 years is eligible to participate in their own name. Participants who have already reached the age of sixteen but are not yet of legal age may only take part in the competition with the consent of their legal guardian.
2.2 Minors who are younger than 16 years old and those with legal incapacity are excluded from participation.
2.3 The organizer reserves the right to exclude from participation anyone who violates these conditions of participation or who gains or seeks to gain an advantage over other participants through undue influence or manipulation of the competition. In these cases, the organizer can also subsequently exclude participants from the competition, withdraw winnings and demand them back.
2.4 Participation is only possible within the period stated in the competition description. Each participant may only take part in an identical competition once.
2.5 Excluded from participating in the competition are employees of the competition organizer, as well as employees of the companies involved in this competition and their direct relatives.
2.6 Only people residing within the EU are eligible to participate.
3. IMPLEMENTATION OF THE COMPETITION
3.1 The prerequisite for participating in the competition is following the organizer's Instagram channel. If there is a further requirement for participation in the competition, this will be stated directly when you are given the opportunity to take part in the competition. The competition will be carried out during the specified period. All participants in the competition who meet the requirements set out in points 2 and 3 by the time of the draw will be taken into account. Immediately after the participation deadline has expired, the winner will be randomly drawn from among the participants.
3.2 A change or cash payment of the price is excluded. The prize is not transferable.
4. PROFIT SETTLEMENT
4.1 The winner will be notified by email or electronically by the organizer. With regard to the prize, every participant notified in this way is obliged to inform the organizer within one month of sending the notification whether they accept the prize. If the organizer does not receive a corresponding message within this period, the possibility of accepting the prize will expire and the organizer reserves the right to identify another participant and notify them accordingly.
4.2 If the participant's contact options provided are incorrect (e.g. email address), the organizer is not obliged to provide the correct data. The disadvantages resulting from providing incorrect contact details (e.g. incorrect email address) are at the participant's expense.
5. LIABILITY FOR DEFECTS
The organizer is only liable for damages suffered by the winner due to material and/or legal defects in cases of fraud, intent or gross negligence. Otherwise, liability for material and/or legal defects is excluded.
6. EARLY TERMINATION, ADJUSTMENT OR CHANGE OF THE COMPETITION
The organizer is entitled to prematurely end, adapt or change the competition at any time without prior notice and without giving reasons if the competition cannot be carried out properly without appropriate measures for technical or legal reasonscannot be guaranteed for certain reasons.
7. APPLICABLE LAW
The law of the Federal Republic of Germany applies to all legal relationships between the parties. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
7. PRIVACY
Responsible for data processing in connection with the competition is:
Marina Forster
Attilastr. 110
12105 Berlin
The named controller is jointly responsible for data processing on the Instagram fan page on which the competition is organized together with Instagram (platform operator is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) in accordance with Art. 26 GDPR.
8.1. Processing of your personal data as part of the competition
We process your personal data for the proper implementation and processing of the competition and in particular for sending the prize.
To carry out the competition, the profile name and, if available, first and last name of the respective participant are collected and stored. In order to send the prize, we also collect the last name and first name as well as the address from the winner(s) and pass this data on to a shipping company commissioned by us. Your data will not be passed on to third parties beyond this.
The legal basis for this processing of your personal data is Article 6 (1) (b) GDPR (implementation of pre-contractual measures and fulfillment of a contract).
If we publish the first and last name of the winner(s) separately on our profile or our fan page or announce them externally, for example in our online shop, this will only take place if the winner(s) have given their express consent beforehand in accordance with Article 6 Paragraph 1 Letter a GDPR.
8.2. Storage period
After the competition has ended, your personal data processed as part of the competition will be deleted no later than three months after the end of the competition, unless effective consent has been given to further processing (e.g. with regard to sending newsletters) and/or we have no legitimate interest in further storage.
8.3. Your data subject rights
The applicable data protection law grants you the following data subject rights:
- Right to information in accordance with Art. 15 GDPR:
In particular, you have the right to information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage period and the criteria for this Determination of the storage period, the existence of a right to correction, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it was not collected from you by us, the existence of automated decision-making including profiling and If necessary, meaningful information about the logic involved and the scope that affects you and the intended effects of such processing, as well as your right to be informed about what guarantees exist in accordance with Art. 46 GDPR when your data is forwarded to third countries;
- Right to rectification in accordance with Art. 16 GDPR:
You have the right to immediate correction of incorrect data concerning you and/or completion of incomplete data stored by us;
- Right to deletion in accordance with Art. 17 GDPR:
You have the right to request the deletion of your personal data if the requirements of Article 17 Para. 1 GDPR are met. However, this right does not apply in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
- Right to restriction of processing in accordance with Art. 18 GDPR:
You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data that you dispute is verified, if you refuse to have your data deleted due to unlawful data processing and instead request the restriction of the processing of your data if you reject your data to assert, exercise or defend legal claims after we no longer need this data after the purpose has been achieved or if you have lodged an objection for reasons relating to your particular situation, as long as it is not yet clear whether our legitimate reasons outweigh them;
- Right to information in accordance with Art. 19 GDPR:
If you have asserted the right to rectification, deletion or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or deletion of the data or restriction of processing, unless: this turns out to be impossible or involves disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability in accordance with Art. 20 GDPR:
You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another person responsible, to the extent that this is technically feasible;
- Right to revoke consent given in accordance with Art. 7 Para. 3 GDPR:
You have the right to revoke your consent to the processing of data at any time with future effect. In the event of revocation, we will delete the data concerned immediately unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent before its revocation;
- Right to complain in accordance with Art. 77 GDPR:
If you believe that the processing of your personal data violates the GDPR, you have the right - without prejudice to any other administrative or judicial remedy - to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged violation.