Competition conditions

CONDITIONS OF PARTICIPATION AND PRIVACY POLICY KERSY STRAUSS COMPETITION ON INSTAGRAM

I. Organizer

1. The organizer of the competition is THE KERSY COMPANY GmbH & Co. KG, Lindenallee 21, 63619 Bad Orb.
2. The competition has no connection with Instagram and is not sponsored, supported or organized by Instagram in any way.
3. Participants cannot assert any claims against Instagram arising in connection with participation in the competition.
4. The recipient of the information and data transmitted by the participants is not Instagram, but the organizer.
5. All inquiries and information regarding the competition should be addressed to the organizer and not to Instagram.

 

II. Eligibility

1. Natural persons residing in Germany who are at least 18 years old are eligible to participate and win. Persons under the age of 18 require the consent of their legal guardian to participate. If this is not available, participation in the competition is excluded.
2. Employees of the organizer and affiliated companies as well as their relatives are excluded from participation.
3. The prerequisite for participation in the competition is that the participant has an Instagram account.
4. To take part in the competition, you must tag a friend with whom you would like to win the prize. Both people (participant and friend) must follow @kersy.strauss . In addition, both people can share the competition post in their story and tag @kersy.strauss ; however, this has no influence on the chance of winning. The person who tags a friend as described above will be the participant.

III. Description of services

The organizer is giving away 2 tickets (regular category) for Eintracht Frankfurt's first home game in the brand new 2024/2025 Bundesliga season against TSG Hoffenheim on Saturday, August 31, 2024 at 3:30 p.m.

IV. Competition procedure

1. The competition begins on August 24, 2024, as soon as the competition post is published on Kersy Strauss's Instagram account, and ends on August 29, 2024 at 10:00 a.m. Central European Summer Time.
2. After the competition has ended, on August 29, 2024, a winner (prize: see III.) will be drawn at random from among all participants who commented on the competition post (hereinafter “winner”).
3. The winner will be informed via private message to his Instagram account and will be publicly named under the competition post with his Instagram username.
4. If the winner has not claimed their prize by August 29, 2024 at 11:59 p.m. Central European Summer Time, their right to the prize will expire. In this case, a new draw will be held among the remaining participants. The winner thus determined will then have until August 30, 2024 at 11:59 p.m. Central European Summer Time to claim their prize by sending a private message to Kersy Strauss' Instagram account.
5. By participating in the competition, the winner expressly agrees that his Instagram username will be published on the Instagram account of @kersy.strauss .
6. The respective winner is responsible for the accuracy of the contact details.
7. The winner is not entitled to a cash payout. The prize cannot be transferred or exchanged to a third party.
8. The prize will be sent to the winner by email.

V. Exclusion of warranty / changes and termination of the competition

1. The organizer points out that the availability and functionality of the competition cannot be guaranteed. The competition can be terminated or removed due to external circumstances and constraints without this giving rise to 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.
2. The organizer reserves the right to cancel the competition at any time without giving reasons or to change the conditions of participation.

VI. Liability

1. The liability of the organizer and its vicarious agents for culpably caused damage, including consequential damage, is excluded unless the damage was caused intentionally or through gross negligence. This does not apply to damage resulting from injury to life, body or health, the assumption of a guarantee or the culpable violation of essential contractual obligations.
2. In the event of a culpable breach of essential contractual obligations based on circumstances other than intent or gross negligence, the organizer's liability is limited to the typically foreseeable damage.

VII. Responsibility for content

1. The organizer is not obliged to check any content provided by participants (especially images or videos) for potential violations of third-party rights. However, the organizer is entitled to reject content if it considers it to be illegal or contrary to common decency.
2. By making content available, especially images and videos, participants declare that the content is free of third-party rights, i.e. that the content either originates from them or they have obtained the consent of the authors and the persons depicted in the images or videos.
3. The participants release the organizer from all claims by third parties that arise due to the content provided by the participants. They agree to support the organizer in every reasonable way in defending against these claims.

VIII. Data protection

In addition, the following information from the organizer / FAQs on data protection apply (information in accordance with Art. 13 GDPR). The winner undertakes to pass this information on to the person who is to receive the second ticket of their prize. The information applies to these people accordingly.

• 1) Person responsible

Responsible for data processing in connection with the competition is:

THE KERSY COMPAMY GmbH & Co. KG
Lindenallee 21 I 63619 Bad Orb
06052 9180030
info@kersystrauss.com

The designated controller is jointly responsible for data processing on the Instagram fan page on which the competition is held, together with Instagram (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) within the meaning of Art. 26 GDPR.

• 2) Processing of your personal data in the context of the competition / purpose and legal basis / disclosure to third parties

We process your personal data to properly carry out and process the competition and in particular to send the prize. To carry out the competition, the profile name and, if available, the first and last name of the respective participant are collected and stored. To send the prize, we also collect the winner's first and last name and address and pass this data on to a shipping company commissioned by us. Your data will not be passed on to third parties beyond this. Data processing on Instagram is carried out together with Instagram (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) in joint responsibility within the meaning of Art. 26 GDPR.

We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) for the purpose of conducting and processing competitions. Your personal data is processed to conduct the competition (Art. 6 Para. 1 b) GDPR) and to fulfill legal obligations or to comply with legal requirements (Art. 6 Para. 1 c) GDPR).

• 3) 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 you have given your effective consent to further processing (e.g. with regard to sending the newsletter) and/or we have no legitimate interest in continuing to store the data.

We do not delete the data if it is required to comply with commercial and tax retention periods under the German Commercial Code (HGB) and tax regulations (Fiscal Code (AO), Application Decree to the Fiscal Code (AEAO)). In this case, the retention and documentation periods specified there apply. These are usually ten years.

• 4) Your rights as a data subject

Every data subject has the right to information pursuant to Art. 15 GDPR, the right to rectification pursuant to Art. 16 GDPR, the right to erasure pursuant to Art. 17 GDPR, the right to restriction of processing pursuant to Art. 18 GDPR, the right to data portability pursuant to Art. 20 GDPR and the right to object to the processing of personal data concerning him or her under the conditions of Art. 21 GDPR. The restrictions under Sections 34 and 35 of the Federal Data Protection Act apply to the right to information and the right to erasure. In addition, there is a right to lodge a complaint with a data protection supervisory authority (Art. 77 GDPR in conjunction with Section 19 of the Federal Data Protection Act).

If you have consented to data processing, you have the right to revoke your consent at any time. The revocation does not affect the legality of the processing up to the time of revocation. The revocation can be declared in an email to info@kersystrauss.com or with the addition "Data Protection" by post to the address given above under I.

• 5) Am I obliged to provide the data?

As part of the competition, you only have to provide the personal data that is necessary to conduct the competition and claim the prize, or that we are legally obliged to collect. Without this data, meaningful use or participation may be restricted or impossible.

• 6) To what extent is there automated decision-making in individual cases? To what extent are my data used for profiling (scoring)?

Fully automated decision-making in accordance with Art. 22 GDPR does not take place. If we use these procedures in individual cases, we will inform you separately if this is required by law. We do not process your data with the aim of evaluating certain personal aspects (profiling).

 

Note: To make these terms and conditions easier to read, the generic masculine form is used (“participant/winner”). However, the competition and terms and conditions are aimed at people of all genders.