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CONDITIONS OF PARTICIPATION AND PRIVACY POLICY KERSY
STRAUSS COMPETITION EINTRACHT FRANKFURT POP UP STORE
I. Organizer
The organizer of the competition is THE KERSY COMPANY GmbH & Co.
KG, Lindenallee 21, 63619 Bad Orb.
The competition has no connection with Instagram and will be held in
in no way sponsored, endorsed or organized by Instagram.
Participants cannot make any claims against Instagram
that arise in connection with participation in the competition.
The recipient of the information transmitted by the participants and
Data is not Instagram, but the organizer.
All inquiries and information regarding the competition should be directed to
organizer and not to Instagram.
II. Eligibility
Natural persons residing
in Germany who are at least 18 years old. Persons under 18 years
require the consent of their legal guardians to participate.
If this is not available, participation in the competition
excluded.
Employees of the organizer and affiliated companies as well as their
Relatives are excluded from participation.
To participate in the competition you must have an email account.
How to subscribe to our newsletter:
The subscription only counts as
completed when the double opt-in email sent by the organizer as part of
the registration for the newsletter is sent to the specified e-mail address,
was confirmed.
III. Description of Services
The organizer is giving away:
IV. Procedure of the competition
The competition starts on 21.12.2024 from 13:00 and ends on
December 22, 2024 at 11:59 p.m.
After the competition has ended, on 23.12.2024, the winners will be
Participants who meet the requirements of Section II.4. (above),
the winners (prize: see III.) will be drawn (hereinafter “winners”).
The winners will be notified on 23.12.2024 by 3 pm via their respective
The winner will be informed of their win via the email address provided in section II.4.
If the respective winner does not respond by 23.12.2024 at 23:59
o'clock by email, his claim to the prize will expire. In this
In this case, a new draw will be held among the remaining participants.
The winner determined in this respect has until 24.12.2024 at 23:59
Clock opportunity to claim your prize by email to the
sender address to demand.
The respective winner is responsible for the accuracy of the contact details.
responsible.
The winner is not entitled to a cash payment. The prize can
not be transferred or exchanged to third parties.
The prize will be sent to the winner by email/post.
V. Exclusion of warranty /
Changes and cancellation of the competition
The organizer points out that the availability and functionality
of the competition cannot be guaranteed. The competition can
terminated or removed due to external circumstances and constraints,
without giving rise to any claims by the participants against the organizer
This can include technical problems, rule changes, external,
unavoidable events of force majeure (such as war, pandemics, strikes
etc.) or decisions by platforms such as Instagram, if
the competition is held on or in connection with them.
The organizer reserves the right to cancel the competition at any time
without giving reasons or violating the conditions of participation
change.
VI. Liability
The liability of the organizer and his vicarious agents and
vicarious agents for culpably caused damages, including
Consequential damages are excluded unless the damage was caused intentionally
or gross negligence. This does not apply to damages
from injury to life, body or health,
Assumption of a guarantee or culpable violation of essential
contractual obligations.
In the event of a culpable breach of essential contractual obligations,
which is based on circumstances other than intent or gross negligence,
the liability of the organizer is limited to the typical
foreseeable damage.
VII. Responsibility for content
The organizer is not obliged to collect any information from the participants
provided content (especially images or videos) on
to check for potential violations of third party rights.
However, the organizer is entitled to reject content if it is
his opinion are unlawful or contrary to morality
violated.
By providing content, especially images and
Videos, the participants declare that the contents are free from third-party rights
are, that is, the content either originates from them or they
Consent of the authors and the persons depicted in the images or videos
people have caught up.
The participants release the organizer from all claims of third parties
free, based on the content provided by the participants
You agree to indemnify the organizer in any
to provide reasonable assistance in defending against these claims.
VIII. Data Protection
In addition, the following information from the organizer applies /
FAQs on data protection (information according to Art. 13 GDPR). The winner
undertakes to pass on this information to the person who
second ticket of their winnings. The information applies to this
person accordingly.
1) Responsible person
Responsible for data processing in connection with
with the competition is:
THE KERSY
COMPAMY GmbH & Co. KG
Lindenallee 21 I 63619 Bad Orb
06052 9180030
info@kersystrauss.com
2) Processing of your personal data in
Scope of the competition / purpose and legal basis / disclosure to third parties
We collect and process personal data as
Organizers of competitions and use them as far as this is necessary to justify the
legal relationship with you as a participant and for the implementation and
is required to process the competition. This is
in particular the following personal data: Participant: email address;
Winner: E-mail address, name, first name, specified address details (street,
Postcode City).
We process your personal data in
compliance with the provisions of the European General Data Protection Regulation
(DS-GVO) and the Federal Data Protection Act (BDSG). The processing of your
Personal data is processed to carry out the competition (Art. 6 para.
1 b) GDPR) and to fulfil legal obligations or
Compliance with legal requirements (Article 6 (1) (c) GDPR).
Within the company, those positions
Your personal data, which are necessary for the fulfilment of our contractual and
legal obligations. For the purpose of sending the prize
we will transmit your personal data to transport service providers. If necessary, we will transmit the winners’ data
also to the organizer of the football match.
Additional information on processing
personal data in connection with the e-mail newsletter dispatch:
When registering for the newsletter via the input mask
Your email address will be sent to us. We process this for the purpose
of regular dispatch of our newsletter. After ordering the
E-mail newsletter you will receive an e-mail from us with a link to
Verification and confirmation of your email address. The legal basis for this is
Your consent (Article 6 paragraph 1 a) GDPR). Your consent is voluntary.
If you no longer wish to receive the newsletter in the future, you can revoke your consent
at any time via the unsubscribe link in the newsletter.
3) Storage period
After the competition has ended, your
of the competition at the latest three months after
deleted after the end of the competition, unless effective consent to
Further processing (e.g. regarding newsletter dispatch) and/or
we have no legitimate interest in further storage.
We do not delete the data if it is necessary to fulfil
commercial and tax retention periods from the German Commercial Code
(HGB) and tax regulations (Fiscal Code (AO), Application Decree on
Fiscal Code (AEAO) are required. In this case, the provisions of
specified periods for storage and documentation. These are usually
R. ten years.
4) Your rights as a data subject
Every data subject has the right to information
Art. 15 GDPR, the right to rectification according to Art. 16 GDPR, the right to
Deletion according to Art. 17 GDPR, the right to restriction of processing according to
Art. 18 GDPR, the right to data portability under Art. 20 GDPR and the
Right to object to the processing of your personal data under the conditions of Art. 21 GDPR.
processing of personal data concerning them.
The restrictions under §§ 34 apply to the right to information and the right to deletion.
and 35 BDSG. In addition, there is a right of appeal to a
Data protection supervisory authority (Article 77 GDPR in conjunction with Section 19 BDSG).
If you have consented to data processing,
you have the right to withdraw your consent at any time.
revocation will not affect the legality of the processing until the revocation
The revocation can be sent in an email to info@kersystrauss.com or with the addition “Data protection”
by post to the address stated under I. above.
5) Am I obliged to provide
the data?
As part of the competition, you only have to
provide personal data necessary for the performance of the
competition and claiming the prize or for whose
We are legally obliged to collect this data. Without this data, a meaningful
Use or participation may be restricted or impossible.
6) To what extent is there an automated
Decision-making in individual cases? To what extent will my data be used for
used for profiling (scoring)?
Fully automated decision-making according to
Art. 22 GDPR does not apply. Should we use these procedures in individual cases
we will inform you separately if this is
is legally required. We do not process your data with the aim of
to evaluate certain personal aspects (profiling).
Note:
For ease of reading, these Terms and Conditions use the generic
Masculine used (“Participant/Winner”). Competition and
However, the conditions of participation are open to persons of any gender.