TERMS AND CONDITIONS OF THE COMPETITION ON INSTAGRAM UNDER THE NAME “Art to Wear – Giveaway May 2022”
§1 General Terms and Conditions
1. The Competition’s Organizer is Monika Deimling Art and Such with its registered seat at Pulsnitzerstrasse 14, 01099 Dresden identifying itself with tax number 202 / 212 / 08693, hereinafter referred to as the “Organizer”.
2.The Competition is conducted on the principles described in these Terms and Conditions in accordance with generally applicable provisions of German law.
3. The Competition starts on 24 May 2022 and ends on 30 May 2022 at 11:59:59 pm Berlin time.
§2 Participants and rules of the Competition
1. Participation in the Competition is voluntary and free of charge.
2. The Competition is open to a natural person (consumer), hereinafter referred to as Participant, who:
(a) has read and accepted these Regulations and has consented to the processing of his/her personal data for the purpose of the Competition by applying for participation in the Competition;
b) is over 18 years of age and has full legal capacity;
c) has a public account (profile) on Instagram,
d) will perform the Competition task.
3. Competition participant can only be a person who meets the conditions specified in §2. point 2 of the Regulations.
4. Employees of the Organizer and those providing services to the Organizer in providing the Competition on the basis of civil law contracts, as well as immediate family members (spouses, ascendants, descendants and siblings) of the above-mentioned persons are excluded from the Competition.
5. In order to participate in the Competition, during its duration, the Participant will perform a Competition Task.
6. Completing the Competition’s Task means:
a) Writing a comment under the competition post on Instagram (at URL: www.instagram.com/monika_deimling), in response to the Task: Write which pattern do you choose and why do you need to have this character on a T-shirt.
b) Sharing the post further (in a story / tagging someone in the comment)
7. Only Participants who complete the Task during the Competition will participate in it.
8. A participant can take part in the Competition only 1 (in words: one) time.
9. The Organizer reserves the right to remove and not include in the Competition any Competition Works whose authors:
a) do not act in their own name, but through third parties,
b) are acting from fictitious accounts/profiles on Instagram;
c) create fictitious accounts/profiles on Instagram;
d) they violate the terms of service of Instagram.
e) they have used in the Competition Task words commonly considered offensive, pornographic content, content that promotes racial, ethnic and religious hatred or discriminates against social groups, violated the personal rights of persons or third parties or the Organizer.
§3 Rights to the completed Competition Works
1. The Participant guarantees that the completed Competition Task will not violate any rights or property of the Organizer, third parties and third parties, in particular their copyrights and personal rights.
§4 Prizes and selection of Winners
1. To ensure the proper conduct of the Competition, the Organizer will appoint herself, a commission hereafter referred to as the Competition Commission. The Selection Committee’s tasks shall include overseeing the proper conduct of the Competition, deciding on all matters pertaining to the Competition, including the interpretation of these Rules, and selecting the Competitionants who shall receive the Prizes (hereinafter referred to as the Winners). The decisions of the Committee are final, which does not deprive the Participant of the right to pursue claims under the law.
2. After the end of the Competition, the Selection Committee shall evaluate the Competition Tasks performed by the Participants, and shall select from among the Participants 2 (in words: three) Winners who, in the Selection Committee’s opinion, performed the Competition Task in the most attractive, original and creative way.
3. The following prize will be awarded to the Competition Winner:
a) Award I – T-shirt of winner’s choice with embroidery from “Art to Wear” collection.
4. Prizes are exempt from personal income tax.
5. The Committee will end selecting the Winners no later than on 8 June 2022.
6. The Winners of the Competition shall be informed about having won the Prize by posting a list of the Winners indicating the names of their profiles (accounts) in the Organizer’s profile on Instagram @monika_deimling no later than on 8 June 2022.
7. The Winners will be informed of their Prize in a private message on Instagram.
8. In order to receive the Prize, the Winner must provide the Organizer, within 14 days of the Organizer sending the message to @monika_deimling, with the information necessary to transfer the Prize, including in particular: her/his/their first name, surname, email address and correspondence address.
9. In the event of the Winner failing to provide the data necessary for the delivery of the Prize within the timeframe and on the terms and conditions specified in Clause 7 above, the Selection Committee will choose another Participant to receive a given Prize.
10. The Organizer shall bear no liability for not delivering the Prize to the Participant if the failure to deliver the Prize was solely due to the Participant’s failure to provide data required for the delivery of the Prize, or the provision of incorrect data or data inconsistent with these Terms and Conditions.
11. Each Prize shall be sent once by the Organiser to the address specified by the Winner within 14 days from the date of the Winner sending all details required for delivery of the Prize in a reply to the information notifying of the award.
12. The Sponsor of the Prize shall be the Organiser.
13. The Winner may not transfer the rights to the awarded Prize to any third party.
14. The Winner may waive his/her right to the Prize by submitting a written statement to the Organiser.
15. The Prize can only be awarded 1 (in words: one) time.
16. The Prize will be sent to the Participant at the Organizer’s expense.
17. The Participant is not entitled to demand that the Prize be exchanged for a cash prize.
§5 Personal Data
1. The personal data of the Participants shall be administered by the Organiser. Contact with the Organiser shall be possible via correspondence to the mailing address Pulsnitzerstrasse 14, 01099 Dresden and via e-mail to mmonika.deimling [at] gmail.com.
2. The basis for the processing of personal data is art. 6. 1, of GDPR, the consent of Participants to participate in the Competition and the legally justified interest of the administrator, in particular with regard to the investigation of complaints and claims.
3. Participants’ personal data will be processed to the extent and for the purpose necessary to conduct the Competition, select the Winners, process any complaints, and in the case of the Winners also to notify about the awarding of the Prize and to release the Prize.
4. Provision of personal data is voluntary but required in order for the Prizes to be awarded to the Winners or for any complaints to be made in relation to identification and address.
5. Personal data will be stored for the duration of the Competition, and after its completion until the statute of limitations for potential claims or expiration of the obligation to store data under the provisions of law, but no longer than 5 years from the end of the calendar year in which the Competition was held.
6. The Organiser shall exercise the rights of data subjects, i.e. access to their data and the right to rectification, erasure, restriction of their processing, the right to data portability.
7. In the case of processing personal data on the basis of consent, the Participant has the right to withdraw consent at any time, and the withdrawal of consent does not affect the legality of processing, which was carried out on the basis of consent before its withdrawal. Withdrawal of consent requires electronic notification to the e-mail address.
8. The recipients of the data are: entities providing hosting services, postal services, entities with which the Organiser cooperates in providing accounting and tax services, public authorities on the basis and within the limits of the law, in particular such as KAS, law enforcement agencies.
9. Personal data are not processed automatically and are not subject to profiling.
§ 6 Complaints
1. Participants of the Competition have the right to submit a written complaint with the annotation “Complaint: Giveaway Art to Wear Competition” to the e-mail address mmonika.deimling [at] gmail.com of the Organizer, related to the course of the Competition during its duration, as well as up to 14 days after the end of the Competition.
2. The letter containing the complaint should indicate the name and surname of the Participant and the correspondence address to which a reply to the complaint will be sent.
3. The Organiser will respond to the complaint within 14 days by registered letter sent to the address given in the letter of complaint.
4. Negative consideration by the Organiser of a complaint by the Participant shall not exclude the Participant’s right to pursue claims to which it is entitled under generally applicable laws, including by way of court proceedings.
§7 Final provisions and technical information.
1. The Regulations shall enter into force on 24 May 2022.
2. The Competition is not a promotional lottery.
3. The Competition Organizer does not bear responsibility for the lack of possibility of sending the completed Competition Task by a potential Participant due to reasons attributable solely to the Participant.
4. Competition Regulations are available during the Competition via public telecommunication network on the Internet at the following URL: www.monikadeimling.com/giveaway.
5. Organizer undertakes to make every effort to amicably resolve any disputes that may arise in connection with the conduct of the Competition.
6. The court competent to resolve any disputes is the court of local and material jurisdiction in accordance with the provisions of law.
7. This Competition is in no way organized, sponsored, conducted or endorsed by or associated with the Instagram service.
8. The entity solely responsible for the conduct of the Competition is the Organizer, and Participants agree to indemnify the Instagram service from any liability that may arise in connection with the organization of the Competition.
9. Changes to the Regulations require that the changes made by the Organiser are published and communicated to the Participants. Changes can be made only for the reasons of adjusting the Regulations to the norms of the current legislation.