conditions of participation

1. Scope

These terms and conditions apply to all competitions organized by Anythings Clothing, Bomerfeld 34, 33178 Borchen (hereinafter referred to as the “organizer”). By participating, each participant accepts these terms and conditions.

This competition has no connection with Instagram. It is not sponsored, supported or organized by Instagram in any way and does not create any legal claims against Instagram. All information in connection with this competition is provided exclusively by the organizer.

 

2nd participation

2.1 Any natural person who is at least 18 years old is entitled to participate in their own name. Furthermore, the participant must be resident in the EU, Switzerland, Norway or the USA. Participants who have already reached the age of sixteen but are not yet of legal age may only take part in the competition with the consent of their legal guardian.

2.2 Minors under the age of 16 and those who are legally incompetent 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 attempt to gain an advantage over other participants by unduly influencing or manipulating the competition. In these cases, the organizer can also subsequently exclude participants from the competition, revoke prizes and demand their return.

2.4 Participation is only possible within the period specified in the competition description. Each participant may only take part in an identical competition once.

2.5 Employees of the competition organizer, as well as employees of the companies participating in this competition and their direct relatives are excluded from participation in the competition.

 

3. Conduct of the competition

3.1 The prerequisite for participation in the competition is following the organizer's Instagram channel. If there is another requirement for participation in the competition, this will be communicated directly when the opportunity to participate in the competition is offered. The competition will be held during the specified period. All participants in the competition who meet the requirements specified under points 2 and 3 by the time of the draw will be considered. Immediately after the end of the participation period, the winner will be randomly chosen from among the participants.

3.2 Any change or cash payment of the prize is excluded. The prize is not transferable to third parties.

 

4. Prize settlement

4.1 The winner will be notified by the organizer via email, Instagram direct message or other electronic means. 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 they accept the prize. If the organizer does not receive a corresponding message within this period, the opportunity to accept the prize expires and the organizer reserves the right to identify another participant and notify them accordingly.

4.2 If the contact details provided by the participant are incorrect (e.g. email address), the organizer is not obliged to determine the correct data. Any disadvantages resulting from providing incorrect contact details (e.g. incorrect email address) are at the participant's expense.

4.3 If a prize is not delivered properly by the shipping service provider, the organizer will endeavor to contact the shipping service provider to settle the damage. In this case, there is no entitlement to the prize.

5. Liability for defects

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

 

6. Early termination, adjustment or modification of the competition

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

 

7. Applicable Law

legal recourse is excluded

 

8. Data Protection

Responsible for data processing in connection with the competition is:

Anythings Clothing
Bomerfeld 34
33178 Borchen

The designated controller is jointly responsible for 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) 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 execution and processing of the competition and in particular for the dispatch of the prize.

To conduct the competition, the profile name and, if available, the first and last name of each participant are collected and stored. To send the prize, we also collect the winner(s)' first and last names and address 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 (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 fan page or announce it externally, for example in our online shop, this will only be done if the winner(s) has given their prior, express consent in accordance with Art. 6 (1) (a) GDPR.

8.2. Storage period

After the competition has ended, 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 your effective consent to further processing (e.g. with regard to sending the newsletter) and/or we have no legitimate interest in continuing to store the data.

8.3. Your rights as a data subject

The applicable data protection law grants you the following data subject rights:

- Right to information according 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 has 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, complaint to a supervisory authority, the origin of your data if it was 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 concerning you, as well as your right to be informed of the guarantees in accordance with Art. 46 GDPR when your data is forwarded to third countries;

- Right to rectification according to Art. 16 GDPR:

You have the right to have any inaccurate data concerning you corrected without delay and/or to have any incomplete data stored by us completed;

- Right to erasure according to Art. 17 GDPR:

You have the right to request the erasure of your personal data if the requirements of Art. 17 Para. 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 fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

- Right to restriction of processing according to 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 being verified, if you refuse to delete your data due to unlawful data processing and instead request the restriction of the processing of your data, if you need 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 related to your particular situation, as long as it has not yet been determined whether our legitimate reasons outweigh yours;

- Right to information according to Art. 19 GDPR:

If you have asserted your right to rectification, erasure or restriction of processing vis-à-vis the responsible party, this party is obliged to inform all recipients to whom the personal data concerning you was disclosed of said rectification, erasure or restriction of processing, unless doing so should prove impossible or involve disproportionate expenditure. You have the right to be informed of 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 that it be transmitted to another controller, where technically feasible;

- Right to revoke consent granted 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 consent does not affect the legality of the processing carried out on the basis of the consent until the revocation;

- Right to complain according to Art. 77 GDPR:

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