Conditions of Participation Competitions - Surf Bestie Give Away
CONDITIONS OF PARTICIPATION AND PRIVACY POLICY KERSY STRAUSS SURF BESTIES GIVEAWAY
I. Organizer
1. The organizer of the competition is THE KERSY COMPANY GmbH & Co. KG, Lindenallee 21, 63619 Bad Orb.
2. The competition is not affiliated with Instagram and is not sponsored, endorsed or organized by Instagram in any way.
3. Participants cannot assert any claims against Instagram in connection with their participation in the competition.
4. The recipient of the information and data transmitted by 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. Eligible to participate and win are natural persons residing in Germany, the Netherlands, France, the USA, Portugal, and Spain who are at least 18 years old. Persons under the age of 18 require the consent of their legal guardian to participate. If this consent is not obtained, participation in the competition is excluded.
2. Employees of the organizer and affiliated companies as well as their relatives are excluded from participation.
3. To participate in the competition you must have an Instagram account.
4. To participate in the competition, you must complete the following actions via an Instagram account between September 3, 2025, and May 2025:
1) Like the contest-related post on @kersy.strauss's Instagram account.
2) Follow the Instagram accounts @kersy.strauss and @tessathyssen.
3) Share the contest post in your own Instagram story.
4) Tag another Instagram account in the comments of the contest post.
The subscription is only considered complete when all four Instagram actions mentioned have been completed completely and correctly.
III. Description of services
The organizer is giving away the following items from the webshop www.kersystrauss.com:
2 springsuits of your choice from the following models:
• Good Vibes Springsuit 2mm (item number 104004013)
• Springsuit 2mm (item number 104004002)
The winner can freely choose between the mentioned items.
IV. Competition procedure
1. The competition begins on September 4, 2025, at 2:00 PM and ends on September 9, 2025, at 12:00 PM.
2. After the competition has ended, the winners (prize: see III.) will be drawn at random on September 9, 2025, among all participants who meet the requirements of Section II.4. (above) (hereinafter "Winners").
3. The winners will be notified of their prize on September 9, 2025, by 3 p.m. via the Instagram account specified in Section II.4.
4. With the prize notification, the winners are requested to send a message to the sender by 11:59 PM on September 9, 2025, stating their full contact details (name and address) to claim and confirm their prize.
5. If the respective winner has not responded by message by 11:59 PM on September 9, 2025, their claim to the prize will expire. In this case, a new draw will be held among the remaining participants. The winner thus determined has until 11:59 PM on September 10, 2025, to claim their prize via Instagram message to the Instagram account. to demand.
6. The respective winner is responsible for the accuracy of the contact details.
7. The winner is not entitled to a cash payment. The prize cannot be transferred or exchanged to third parties.
8. The prize will be sent to the winner by email/post.
V. Exclusion of liability / changes and cancellation of the competition
1. The organizer points out that the availability and functionality of the competition cannot be guaranteed. The competition may be terminated or removed due to external circumstances and constraints, without giving rise to any claims by participants against the organizer. This may 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.
3. The organizer points out that the Eintracht Frankfurt rules apply to the ticket and that, in particular, no further raffle or resale of the tickets, especially including listing on sales platforms or auctions, is permitted.
VI. Liability
1. The liability of the organizer and its vicarious agents for culpably caused damages, including consequential damages, is excluded unless the damage was caused intentionally or through gross negligence. This does not apply to damages resulting from injury to life, body, or health, the assumption of a guarantee, or the culpable breach 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 obligated to review any content provided by participants (including, but not limited to, images or videos) for potential violations of third-party rights. However, the organizer reserves the right to reject content if, in its sole discretion, it deems it to be illegal or morally reprehensible.
2. By making content, 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. Participants indemnify the organizer against all claims by third parties arising from the content provided by participants. They agree to support the organizer in any reasonable way in defending against these claims.
VIII. Data protection
In addition, the following information from the organizer/FAQs regarding data protection (information pursuant to Art. 13 GDPR) applies. The winner undertakes to pass this information on to the person who is to receive the second ticket of their prize. This information applies to this person accordingly.