Conditions of participation for online competition on Instagram
GIVEWAY - your story
Conditions of Participation
1. Scope
These conditions of participation apply to all sweepstakes carried out by BO CONTRAST ART by Bojana Wiegand, Kappishalde 43, 74199 Untergruppenbach (hereinafter referred to as “Organizer”). Each participant accepts these conditions of participation by participating.
This giveaway is not affiliated with Instagram. It is in no way sponsored, endorsed or organized by Instagram and does not create any legal claims against Instagram. All information in the context of this competition is provided exclusively by the organizer.
2. Participation
2.1 Any natural person who is at least 18 years old is entitled to participate in their own name.
2.2 Minors and the legally disabled are excluded from participation.
2.3 The organizer reserves the right to exclude persons from participation who violate these conditions of participation or who gain or seek to gain an advantage over other participants by improperly influencing or manipulating the competition. In these cases, the organizer can also subsequently exclude participants from the competition, withdraw prizes and reclaim them.
2.4 Participation is only possible within the period specified in the competition description until December 22nd, 2022. Each participant may only enter an identical competition once.
3. Conduct of the Sweepstakes
3.1 This is a prerequisite for participation in the competitionFollow the organizer's Instagram channel. If a further requirement for participation in the competition should be necessary, this will be communicated directly at the opportunity to participate in the competition. The sweepstakes will be held during the specified period. All participants in the sweepstakes who meet the requirements specified in Sections 2 and 3 by the respective point in time will be considered. The winner will be selected individually and at Bo Contrast Art's personal discretion. The prerequisite is described in the post from December 14th.
3.2 A change or cash payment of the price is excluded. The prize is not transferable.
4. Settlement of Winnings
4.1 The winner will be notified by message or electronically by the Promoter. With regard to the prize, each participant notified in this way is obliged to inform the organizer within one month of the notification being sent whether he or she will accept the prize. If the organizer does not receive a corresponding message within this period, the possibility of accepting the prize expires and the organizer reserves the right to identify another participant and to inform them accordingly.
4.2 If the participant's specified contact options are incorrect (e.g. the account on Instagram is no longer available), the organizer is not obliged to determine the correct data. The disadvantages resulting from the provision of incorrect contact details are at the expense of the participant.
5. Liability for Defects
The organizer is only liable for damage incurred by the winner due to material and/or legal defects in the event of fraudulent intent, intent or gross negligence. Liability for material and/or legal defects is excluded.
6. Early Termination, Adjustment or Alteration of the Sweepstakes
The organizer is entitled to prematurely terminate, adapt or change the competition at any time without prior notice and without giving reasons if proper implementation of the competition cannot be guaranteed without appropriate measures for technical or legal reasons.
7. Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
8. Privacy
Responsible for data processing in connection with the competition is:
Bo Contrast Art
by Bojana Wiegand
Kappishalde 43,
74199 Untergruppenbach
The designated person responsible for the data processing on the Instagram fan page on which the competition is held, together with Instagram (platform operator is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) is jointly responsible within the meaning of Art. 26 GDPR.
8.1. Processing of your personal data in the context of the competition
We process your personal data for the proper implementation and processing of the competition and in particular for sending the prize.
To carry out the competition, the profile name and, if available, first and last name of the respective participant are collected and stored. In order to send the prize, we also collect the surname and first name as well as the address from the winner(s) and pass this data 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 Para. 1 lit. b GDPR (implementation of pre-contractual measures and fulfillment of a contract).
If we publish the first and last name of the winner(s) separately on our profile or our fan page, this will only be done if the winner(s) have given their prior express consent in accordance with Art. 6 Para. 1 lit. a GDPR.
8.2. storage duration
After the end of the competition, 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 effective consent to further processing (e.g. with regard to sending the newsletter) and/or we have no legitimate interest in further storage.
8.3. Your data subject rights
The applicable data protection law grants you the following rights as a data subject:
- Right to information according to Art. 15 GDPR:
In particular, you have a right to information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data was or will be disclosed, the planned storage period or the criteria for the Determination of the storage period, the existence of a right to correction, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if they were not collected from you by us, the existence of automated decision-making including profiling and if applicable, meaningful information about the logic involved and the scope and intended effects of such processing on you, as well as your right to information about the guarantees under Art. 46 GDPR if your data is forwarded to third countries;
- Right to rectification according to Art. 16 GDPR:
You have the right to immediate correction of incorrect data concerning you and/or completion of your incomplete data stored by us;
- Right to erasure according to Art. 17 GDPR:
You have the right to request the deletion of your personal data if the requirements of Article 17 (1) GDPR are met. However, this right does not apply in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
- Right to restriction of processing in accordance with Art. 18 GDPR:
You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you contest, is checked, if you refuse to delete your data because of inadmissible data processing and instead request the restriction of the processing of your data, if you change your data to assert, exercise or defend legal claims after we no longer need this data after the purpose has been achieved or if you have lodged an objection for reasons of your particular situation, as long as it is not yet clear whether our legitimate reasons prevail;
- Right to information according to Art. 19 GDPR:
If you have asserted the right to correction, deletion or restriction of processing against the person responsible, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability according to Art. 20 GDPR:
You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request transmission to another person responsible, insofar as this is technically feasible;
- Right to revoke granted consent in accordance with Art. 7 Para. 3 GDPR:
You have the right to revoke your consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately, unless further processing can be based on a legal basis for processing without consent. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation;
- Right to complain according to Art. 77 GDPR:
If you believe that the processing of your personal data violates the GDPR, you have the right - without prejudice to any other administrative or judicial remedy - to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged violation