Official Rules for Giveaways
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Campaign is open only to those who are 18 years or older as of the date of entry.The Campaign is only open to legal residents of Germany, USA, Great Britain, France, the Netherlands, Austria, Switzerland, Finland, Spain and Irland, and is void where prohibited by law. Employees of EmAhls, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of EmAhls as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting on 26th of November 2018 18:00 o’clock MEZ and ending 27th of November 23:59 o’clock MEZ. All online entries must be received by 27th of July 23:59 o’clock MEZ.
4. How to Enter: The Campaign must be entered via the app Instagram. The Campaign can be entered by following the profile em.ahls on Instagram and liking and commenting the giveaway posts on the 26th of November. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of EmAhls. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of EmAhls.
5. Prizes: The five Winners of the Campaign (the “Winners”) will receive one Etsy Coupons, value 20,00 €. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by EmAhls. No cash or other prize substitution shall be permitted except at EmAhls discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for EmAhls to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be randomly selected under the supervision of EmAhls. Winner will be notified by private Instagram message within five 5 days following selection of Winner. The coupon will be send via email. EmAhls shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 3 weeks from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT EMAHLS‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that EmAhls, anyone acting on behalf of EmAhls, and EmAhls’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent.
9. Terms & Conditions: EmAhls reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond EmAhls’ control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, EmAhls may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by EmAhls. EmAhls reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. EmAhls has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, EmAhls reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless EmAhls and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF GERMANY AND, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Germany having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
12.1. Information about us as controllers of your data
The party responsible for this website (the "controller") for purposes of data protection law Art. 4 Para. 7 GDPR is :
EmAhls Eva-Maria Ahlswede
Am Schöps 64
phone: +49 35829 179984
With participating in our giveaway, the data with which you provided us (your Instagram name, your email-adress) will be saved by us until the end of the giveaway, all winners are informed and the prices are delivered. The legal basis for processing your data ist article 6, paragraph 1 b GDPR.
Related data to the giveaway will be deleted by us after the giveaway ended and the winners are informed. Alternative we will restrict the processing if there are storage duties provided by law.
12.2 The rights of users and data subjects
With regard to the data processing to be described in more detail below, users and data subjects have the right
- to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
- to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
- to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
- to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);
- to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).
In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.
Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller's future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.
12.3 Legal basis for the processing
Art. 6 para 1 lit. a) GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Art. 6 para. 1 lit. b) GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6 para. 1 lit. c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 para 1 lit. d) GDPR. Finally, processing operations could be based on Article 6 para 1 lit. f) GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
12.4. Objection against the processing of your data
12.4.1 If the processing of your data is based on your consent, you have the right to process your agreement anytime with effect on the future. An objection like this affects the processing of your data, after you pronounced it to us.
12.4.2 If the processing of your data is based on weighing of the interests, you can object against the data processing. This is the case, if the processing is not required to fulfill a contract with you. To execute this objection, we ask you to state the reasons, why we should not process your data as executed by us. In case of an justified objection, we investigate the circumstances and will either stop the data processing or adapt it or point out the reasons to continue the data processing.
12.4.3 You can object the processing of your data for advertisement and data analysis at any given time. You can inform us about your objection with sending us a mail at EmAhls, Am Schöps 64, 02829 Markersdorf or an email at email@example.com
12.5 The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6 para 1 lit. f) GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
12.6 Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
12.7 Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
12.8 Right of appeal
You have the right of appeal before the national supervisory authority on data protection about the data processing of your data.
12.9 Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
We offer you the opportunity to take part in contests on our website. If you participate in one of our competitions, the data you provide when you enter will be processed without your further consent, but only to run the contest.
As part of the competition, we will pass on your data to the transport company entrusted with the delivery of the goods or to a financial service provider if the transfer is necessary for the delivery or payment of your winnings. If you win and your information is to be published, you will be informed of this in the declaration of consent.
The legal basis for the transfer of this data is Art. 6 Para. 1 lit. b) GDPR.
Your consent to the processing of your data for participation in our competitions may be exercised in accordance with Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent.
13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: EmAhls, Eva-Maria Ahlswede, Am Schöps 64, 02829 Markersdorf, Germany. Requests must be received no later than 14th of July 2018, 23:59 o’clock MEZ.
14. Sponsor: The Sponsor of the Campaign is EmAhls, Eva-Maria Ahlswede, Am Schöps 64, 02829 Markersdorf, Germany.
15. Facebook and Instagram: The Campaign hosted by EmAhls is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram.
16. By entering the contest, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.