Conditions of participation in competitions

CONDITIONS OF PARTICIPATION AND PRIVACY POLICY KERSY STRAUSS COMPETITION EINTRACHT FRANKFURT POP UP STORE

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 18 years of age 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. To participate in the competition you must have an email account.

4th       To participate in the competition, it is necessary to subscribe to the Kersy Strauss newsletter between December 21, 2024 and December 22, 2024 by entering an email address as follows:

How to subscribe to our newsletter:

1)      Visit our website at https://kersystrauss.com/ .

2)      Scroll all the way down to the footer of the homepage.

3)      Enter your email address in the “Newsletter” field.

4)      Confirm your registration via the confirmation email that you will receive immediately.

The subscription is only considered completed once the double opt-in email, which is sent by the organizer to the specified email address as part of the newsletter registration, has been confirmed.

III. Description of Services

The organizer is giving away:

1st       Two business tickets for the home game of Eintracht Frankfurt against Borussia Dortmund in the 2024/2025 Bundesliga season. The game will take place on Friday, January 17, 2025 (kick-off time 8:30 p.m.).

2nd       A hand-signed Eintracht Frankfurt jersey with the signatures of the entire team.

IV. Procedure of the competition

1. The competition starts on December 21st, 2024 at 1:00 p.m. and ends on December 22nd, 2024 at 11:59 p.m.
2. After the competition has ended, on December 23, 2024, the winners (prize: see III.) will be drawn at random from among all participants who meet the requirements of Section II.4. (above) (hereinafter "winners").
3. The winners will be informed of their win by 3 p.m. on December 23, 2024 via the email address provided in accordance with Section II.4.

4th       With the prize notification, the winners are asked to send an email to the sender by December 23, 2024 at 11:59 p.m. , stating their full contact details (name and address) to claim and confirm their prize.

5. If the respective winner has not responded by email by 23.12.2024 at 23:59, their claim to the prize will expire. In this case, a new draw will be held among the remaining participants. The winner thus determined will have until 24.12.2024 at 23:59 to claim their prize by email to the sender's address to demand.
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/post.

 

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.

3.       The organizer points out that the rules of Eintracht Frankfurt apply to the ticket and that according to these, no further raffle or resale of the tickets, in particular listing on sales platforms or auctions, is permitted.

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 that 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 this person 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

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

We collect and process personal data as the organizer of competitions and use them to the extent that this is necessary to establish the legal relationship with you as a participant and to carry out and process the competition. This includes in particular the following personal data: Participant: email address; Winner: email address, last name, first name, specified address details (street, postcode, city).

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). 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).

Within the company, your personal data will be passed on to those departments that need it to fulfil 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 also transmit the winners’ data to the organizer of the football match.

Additional information on the processing of personal data in connection with the e-mail newsletter dispatch:

When you register for the newsletter using the input mask, your email address will be sent to us. We process this for the purpose of regularly sending our newsletters. After ordering the email newsletter, you will receive an email from us with a link to verify and confirm your email address. The legal basis for this is your consent (Art. 6 Para. 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 using the unsubscribe link in the newsletter.

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 from 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 for conducting the competition and claiming 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 simplify readability, the generic masculine form is used in these terms and conditions (“participant/winner”). However, the competition and terms and conditions are aimed at people of all genders.

CONDITIONS OF PARTICIPATION AND PRIVACY POLICY KERSY STRAUSS GENINNSPIEL ON INSTAGRAM

I. Organizer

1. The organizer of the competition is THE KERSY COMPANY GmbH & Co. KG
2. Lindenallee 21 I D-63619.
3. The competition has no connection with Instagram and is not sponsored, supported or organized by Instagram in any way.
4. Participants cannot assert any claims against Instagram arising in connection with participation in the competition.
5. The recipient of the information and data transmitted by the participants is not Instagram, but the organizer.
6. 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 18 years of age 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 upload an interpretation of the logo to your own account (story or post) and link to @kersy.strauss, comment under the competition post and be a follower of the Instagram account @kersy.strauss . The person who wrote the comment under the competition post will then be the participant.

III. Description of Services

The organizer is giving away 1 package consisting of 1 Sweat Seat for children consisting of Kersy Studio Kids Sweat Hoodie and Kersy Studio Kids Sweat Pants and a 50€ Kersy voucher (each voucher can only be redeemed in the country in which the participant is resident).

IV. Procedure of the competition

1. The competition begins on June 1st, 2024, as soon as the competition post is published on Kersy Strauss's Instagram account, and ends on June 8th, 2024 at 11:59 p.m. Central European Summer Time.
2. After the competition has ended, on June 10, 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 announced publicly in a comment under the competition post.
4. With the notification, the winners are asked to send a private message to Kersy Strauss's Instagram profile by June 10, 2024 at 11:59 p.m. Central European Summer Time, stating their full contact details (name, postal address and email address) to claim their prize.
5. If the respective winner has not responded by private message by June 10, 2024 at 11:59 p.m. Central European Summer Time, their claim 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 June 11, 2024 at 11:59 p.m. Central European Summer Time to claim their prize by private message to Engelbert Strauss' Instagram account.
6. By participating in the competition, participants expressly agree that their Instagram user names will be published on the Instagram account of @kersy.strauss in the event of a win.
7. The respective winner is responsible for the accuracy of the contact details.
8. The winner is not entitled to a cash payout. The prize cannot be transferred or exchanged to a third party.
9. The prize will be sent to the winner within three weeks.

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 that 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

Responsible for data processing in connection with the competition is:

THE KERSY COMPAMY GmbH & Co. KG
Lindenallee 21 I D-63619
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.

1.) Processing of your personal data in the context of the competition

We process your personal data for the proper execution and processing of the competition and in particular for the dispatch of the prize.

In order to conduct the competition, the profile name and, if available, the first and last name of each participant will be collected and stored.

In order to send the prize, we also collect the winner's first and last name as well as their address and pass this information 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 Art. 6 (1) lit. b GDPR (implementation of pre-contractual measures and fulfillment of a contract).

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 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.

3.) Your rights as a data subject

The applicable data protection law grants you the following data subject rights if the respective legal requirements are met:

• Right to information pursuant to Art. 15 GDPR
• Right to rectification pursuant to Art. 16 GDPR
• Right to erasure according to Art. 17 GDPR
• Right to restriction of processing pursuant to Art. 18 GDPR
• Right to information pursuant to Art. 19 GDPR
• Right to data portability according to Art. 20 GDPR
• Right to revoke consent granted in accordance with Art. 7 Para. 3 GDPR
• Right to lodge a complaint with the competent supervisory authority pursuant to Art. 77 GDPR

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