Conditions of participation in competitions

CONDITIONS OF PARTICIPATION AND PRIVACY POLICY KERSY STRAUSS GENINNSPIEL ON INSTAGRAM

I. Organizer

1. The competition is organized by 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 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 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. Competition procedure

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 determined in this way 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 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) (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 according to Art. 15 GDPR
• Right to rectification according to Art. 16 GDPR
• Right to erasure according to Art. 17 GDPR
• Right to restriction of processing according to Art. 18 GDPR
• Right to information according to Art. 19 GDPR
• Right to data portability according to Art. 20 GDPR
• Right to revoke consent given 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 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.