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Terms and conditions for online giveaways on Instagram

1. Scope

These terms and conditions apply to all prize draws organized by Rotholz GmbH, Geschwister-Scholl-Straße 94, 14471 Potsdam (hereinafter referred to as "the Organizer"). By participating, each participant accepts these terms and conditions.

This giveaway is in no way affiliated with Instagram. It is not sponsored, endorsed, or administered by Instagram and does not create any legal claims against Instagram. All information relating to this giveaway is provided exclusively by the organizer.


2nd participation

2.1 Participation is open to any natural person acting on their own behalf who is at least 18 years old. Participants who have already reached the age of sixteen but are not yet of legal age may only participate in the competition with the consent of their legal guardian(s).

2.2 Minors under the age of 16 and those who are legally incapacitated are excluded from participation.

2.3 The organizer reserves the right to exclude individuals from participation who violate these terms and conditions or who gain or attempt to gain an unfair advantage over other participants through improper influence or manipulation of the competition. In such cases, the organizer may also subsequently exclude participants from the competition, revoke prizes, and reclaim them.

2.4 Participation is only possible within the period specified in the competition description. Each participant may only participate once in the same competition.

2.5 Employees of the competition organizer, as well as employees of the companies involved in this competition and their immediate family members are excluded from participation in the competition.


3. Implementation of the prize draw

3.1 Participation in the competition requires following the organizer's Instagram channel. Any further requirements for participation will be stated directly when you enter the competition. The competition will run during the specified period. All participants who meet the requirements outlined in sections 2 and 3 by the respective draw date will be considered. Immediately after the closing date, the winner will be drawn at random from among the participants.

3.2 No changes or cash payments of the prize are permitted. The prize is non-transferable.


4. Profit settlement

4.1 The winner will be notified by the organizer via email or other electronic means. Regarding the prize, each participant so notified is obligated to inform the organizer within one month of receiving the notification whether they accept the prize. If the organizer does not receive such notification within this period, the opportunity to accept the prize is forfeited, and the organizer reserves the right to select and notify another participant.

4.2 If the contact information provided by the participant is incorrect (e.g., email address), the organizer is not obligated to determine the correct information. Any disadvantages resulting from providing incorrect contact information (e.g., incorrect email address) are the responsibility of the participant.


5. Liability for Defects

The organizer is liable for damages incurred by the winner due to material and/or legal defects only in cases of fraudulent intent, willful misconduct, or gross negligence. Otherwise, liability for material and/or legal defects is excluded.


6. Premature termination, adjustment or modification of the competition

The organizer is entitled to terminate, adapt or modify the competition at any time without prior notice and without giving reasons if proper execution of the competition cannot be guaranteed for technical or legal reasons without appropriate measures.


7. Applicable Law

All legal relations between the parties are governed by the laws of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.


8. Data protection

The entity responsible for data processing in connection with the competition is:

Rotholz GmbH
Geschwister-Scholl-Straße 94
14471 Potsdam

The designated controller is jointly responsible with Instagram (platform operator is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) for the data processing on the Instagram fan page where the competition is held, in accordance with Art. 26 GDPR.

8.1. Processing of your personal data in connection with the prize draw

We process your personal data for the proper execution and processing of the prize draw and, in particular, for sending the prize.

To conduct the prize draw, the profile name and, if provided, the first and last name of each participant will be collected and stored. For the purpose of sending the prize, we will also collect the winner's first and last name and address and forward this data to a shipping company commissioned by us. Your data will not be shared with any other third parties.

The legal basis for this processing of your personal data is Art. 6 para. 1 lit. b GDPR (performance 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 fan page, or announce it externally, for example in our online shop, this will only be done with the prior express consent of the winner(s) in accordance with Art. 6 para. 1 lit. a GDPR.

8.2. Storage duration

After the competition has ended, your personal data processed in connection with the competition will be deleted no later than three months after the end of the competition, unless there is effective consent for further processing (e.g. regarding newsletter distribution) and/or we have a legitimate interest in continuing to store it.

8.3. Your rights as a data subject

Current data protection law grants you the following rights as a data subject:

- Right of access pursuant to Art. 15 GDPR:

In particular, you have the right to information about your personal data processed by us, the purposes of the processing, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, lodging a complaint with 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, where applicable, meaningful information about the logic involved and the significance and the envisaged consequences of such processing for you, as well as your right to be informed of the safeguards pursuant to Article 46 GDPR relating to the transfer of your data to third countries;

- Right to rectification pursuant to Art. 16 GDPR:

You have the right to immediate rectification of inaccurate data concerning you and/or completion of incomplete data stored with us;

- Right to erasure pursuant to Art. 17 GDPR:

You have the right to request the erasure of your personal data if the conditions of Article 17(1) GDPR are met. However, this right does not exist, in particular, if the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of legal claims.

- Right to restriction of processing pursuant to Article 18 GDPR:

You have the right to request the restriction of the processing of your personal data while the accuracy of your data, which you have contested, is being verified; if you object to the erasure of your data due to unlawful data processing and instead request the restriction of the processing of your data; if you need your data for the establishment, exercise or defense of legal claims after we no longer need this data for the purposes for which it was collected; or if you have objected on grounds relating to your particular situation, pending the verification whether our legitimate grounds override yours.

- Right to information pursuant to Art. 19 GDPR:

If you have asserted your right to rectification, erasure, or restriction of processing against the data controller, the controller is obligated to communicate this rectification, erasure, or restriction of processing to all recipients to whom your personal data has been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients.

- Right to data portability pursuant to Art. 20 GDPR:

You have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request its transmission to another controller, insofar as this is technically feasible;

- Right to withdraw consent pursuant to Art. 7 para. 3 GDPR:

You have the right to withdraw your consent to the processing of your data at any time with effect for the future. In the event of withdrawal, we will delete the data concerned immediately, unless further processing is permitted by another legal basis that does not require consent. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

- Right to lodge a complaint pursuant to Article 77 GDPR:

If you believe that the processing of your personal data infringes the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement, without prejudice to any other administrative or judicial remedy.