Conditions of participation for Instagram competitions
The conditions of participation apply to all Instagram competitions published on the official Instagram page of JONDI&MOON.
1. organizer and responsible Malantis GmbH Königstr.
10c 70173 Stuttgart office@jondiandmoon.de Legal representative: Patricia Strübel Tel: 0711 -222 54 243 The competition is organized by Malantis GmbH, hereinafter referred to as the “Organizer”, and is not affiliated with Instagram or Meta.
Instagram is neither a sponsor nor a partner of this competition. 2.
Eligibility to participate 2.1 All natural persons residing in Germany or Austria who are at least 18 years old at the time of participation and have a valid Instagram account are eligible to participate. 2.2 Employees, their relatives and sales partners of the organizer are excluded from participation in the competition. 2.3 We reserve the right to exclude participants who violate the rights or dignity of others through comments, insult, incite violence, violate copyright law after becoming aware of it, and to remove their comments without notice. In the event of an infringement, the infringing party shall indemnify Malantis GmbH against any liability towards third parties.
3 Conditions of participation 3.1 In order to participate in the competition, participants must meet the requirements specified in the competition description.
This includes, for example, following the organizer’s Instagram account, sharing a specific post, tagging friends or using a specific hashtag.
3.2 Participants agree that their details will be publicly visible as part of the competition.
3.3 Participation takes place exclusively via Instagram.
It is necessary that the participant has a public account.
Participants with a private account will not be considered.
3.4 Participation in the competition is voluntary and free of charge.
Neither the purchase of goods nor the use of services will increase the chances of winning. 4 Restrictions on participation 4.1 Each person may only participate in the competition once.
Submitting multiple comments or entries does not increase the chance of winning.
4.2 It is expressly forbidden to use competition services, automated competition robots or other manipulation methods.
If there is a concrete suspicion of fraud on the part of a participant, the organizer reserves the right to subsequently deny this participant the prize.
4.3 Participation is restricted to persons residing in Germany or Austria. 5. competition period The period of the respective competition can be found in the Instagram post advertising the competition.
Only entries submitted within this period will be considered. 6. determination of winners The winners will be selected at random from all eligible participants.
The exact method of determining the winner will be specified in the competition description.
The Organizer’s decision is final and binding. 7. notification of the winners The winners will be notified via direct message on Instagram.
They must respond to the prize notification within 7 days and provide the organizer with their contact details (e.g. name, address, email address) in order to accept their prize.
If a winner does not respond in time, the Organizer reserves the right to select a replacement winner. 8 Prize 8.1 The exact prize and any additional conditions will be specified in the competition description on Instagram.
The transfer, exchange and cash payment of the prize are excluded. 8.2 If the specified prize is no longer available for any reason, the Organizer reserves the right to replace the prize with an alternative of equal or greater value.
8.3 The costs of shipping the prize will be borne by the Organizer.
The prizes will be shipped immediately after receipt of the winner’s delivery address.
Delivery will only be made to addresses within Germany.
The prize will be sent by uninsured post. 9 Disclaimer 9.1 Any claims for damages by the participant are excluded.
This exclusion clause does not apply to claims for damages based on injury to life, limb, health or essential contractual obligations, or to liability for other damages based on an intentional or grossly negligent breach of duty on the part of the organizer, its legal representatives or vicarious agents.
9.2 The provisions of the Product Liability Act remain unaffected by the above provisions.
9.3 The organizer is not liable for damages or losses resulting from participation in the competition.
In particular, the Organizer is not liable for technical problems, connection errors or transmission delays.
9.4 The organizer also reserves the right to cancel the competition in whole or in part.
This may be necessary in particular if the winner determination cannot be carried out as planned for reasons such as computer viruses, errors in the software and hardware, or other technical and/or legal problems.
Such circumstances could affect the administration, security, integrity and the regular and proper conduct of the competition. 10. data protection The organizer collects and uses personal data of the participants exclusively for the purposes of the competition or for sending prizes.
The data will not be passed on to third parties unless this is expressly stated in the competition description, the participant has given his/her consent or is necessary to fulfill obligations such as sending prizes.
The categories of recipients are third parties (shipping service providers) and internal (marketing).
A transfer to third countries does not exist and is not planned.
The organizer has a legitimate interest in the processing of personal data.
This is based on the relevant and appropriate relationship between the controller and the data subject as a participant in a competition (cf. customer, see EwG 47 p. 2 GDPR) to receive a prize.
The data subject can reasonably foresee that their data may be processed for the purpose of sending the prize because they themselves provide their contact details when requested in the course of notification of the prize.
The processing is also necessary for the performance of a contract or a pre-contractual measure acc.
Art. 6 para.
1 lit.
b GDPR is required.
Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party pursuant to Art.
Art. 6 para.
1 lit. f GDPR and no interests or fundamental rights and freedoms of the data subject prevail.
The storage period of the personal data is limited by the principle of necessity, i.e. as soon as the prize has been sent, the data will be deleted.
Data subjects have a right of access (pursuant to Art. 15 GDPR) to the controller regarding the personal data concerning them as well as the right to rectification (Art. 16 GDPR), erasure (Art. 17 GDPR) and restriction of processing (Art. 18 (1) GDPR).
You also have the right to object to processing (Art. 21 GDPR) and the right to data portability (Art. 20 GDPR).
If you would like to exercise your rights, please contact the data protection officer named above.
You have the right to lodge a complaint with the competent supervisory authority.
The provision of personal data about the data subject is partly required by law or contract.
The data subject is obliged to provide the personal data.
If the data is not provided, it will not be possible to send the prize.
There is no automated decision-making or profiling. 11 Legal recourse Legal recourse is excluded.
The law of the Federal Republic of Germany applies.
Should individual provisions of these conditions of participation be or become invalid, this shall not affect the validity of the remaining provisions.
