Conditions of participation for online competitions on Instagram or Pinterest:
Conditions of Participation
1. scope of application
These conditions of participation apply to all sweepstakes organized by WATCHDAVID®, Mr. David Drilling, Wilmersdorfer Str. 122-123, 10627 Berlin (hereinafter “Organizer”). Every participant acknowledges these conditions of participation with his participation.
This competition is not related to Instagram or Pinterest. It is in no way sponsored, supported or organized by Instagram or Pinterest and does not create any legal claims against Instagram or Pinterest. All information contained in this competition is provided solely by the Organizer.
2.1 Every natural person with a minimum age of 18 years is entitled to participate in his own name. Participants who have 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 guardians.
2.2 Minors under the age of 16 and legally incompetent persons are excluded from participation.
2.3 The organiser reserves the right to exclude persons from participation who violate these conditions of participation or who gain or wish to gain an advantage over other participants by unlawfully influencing or manipulating the competition. In such cases. The Organizer may also exclude participants from the sweepstakes at a later date, deny winnings and reclaim them.
2.4 Participation is only possible within the period specified in the description of the competition. Each participant may only participate once in an identical competition.
2.5 Employees of the sweepstakes Organizer, as well as employees of the companies participating in this sweepstakes and their direct relatives are excluded from participation in the lottery.
3. execution of the competition
3.1 Participation in the competition on Instagram requires following “WATCHDAVID” and a possible sponsor (named) on Instagram. In addition, the participant must “like” the competition entry and comment on it with at least 4 words. If the participant registers for the Organizer’s newsletter, the participant’s chance of winning is doubled. If a further prerequisite for participation in the competition is required, this will be communicated directly at the opportunity to take part in the competition. The sweepstakes will be carried out within the specified period. All participants in the sweepstakes will be considered who comply the conditions set out in sections 2 and 3 up to the respective time of the draw. Immediately after expiry of the participation period, the winner will be drawn at random among the participants.
3.2 Participation in the competition on Pinterest requires following “WATCHDAVID” and a possible sponsor (named) on Instagram. In addition, the participant must “like” the competition entry and comment on it with at least 4 words. If the participant registers for the Organizer’s newsletter, the participant’s chance of winning is doubled. If a further prerequisite for participation in the competition is required, this will be communicated directly at the opportunity to take part in the competition. The sweepstakes will be carried out within the specified period. All participants in the sweepstakes will be considered who comply the conditions set out in sections 2 and 3 up to the respective time of the draw. Immediately after expiry of the participation period, the winner will be drawn at random among the participants.
3.3 A change or cash payment of the prize is excluded. The prize is not transferable.
4. win handling
The winner will be announced by the Organizer on his blog on a special page. With regard to the prize, the announced winner is obliged to inform the Promoter within one month of the publication of the prize announcement whether he/she accepts the prize. If the Promoter does not receive such notification within this period, the possibility of accepting the prize shall lapse and the Promoter reserves the right to identify another entrant.
5. liability for defects
For damages incurred by the winner due to material defects and/or defects of title, the organiser shall only be liable in the event of malice, intent or gross negligence. Any other liability for material defects and/or defects of title is excluded.
6. premature termination, adjustment or modification of the competition
The Organizer is entitled to prematurely terminate, adapt or modify the competition at any time without prior notice and without stating reasons, if a proper execution of the competition cannot be guaranteed without appropriate measures for technical or legal reasons.
8. applicable law
For all legal relations of the parties the law of the Federal Republic of Germany applies. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence
9. data protection
Responsible for data processing in connection with the sweepstakes is:
Wilmersdorfer Str. 122-123
The designated data controller is jointly responsible for the data processing on the Instagram page on which the competition is held, together with Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland, within the meaning of Art. 26 DSGVO].
9.1 Processing your personal data in the context of the competition
We process your personal data for the proper execution and processing of the sweepstakes and in particular for sending the prize.
In order to send the prize, we also collect the name and first name of the winner(s) as well as the address and pass this data on to a shipping company commissioned by us. Your data will not be passed on to third parties.
The legal basis for this processing of your personal data is Art. 6 para. 1 lit. b DSGVO (implementation of pre-contractual measures and fulfilment of a contract).
If participation in the competition is made dependent on your consent to receive our newsletter, we will also collect your e-mail address for the purpose of sending the newsletter. We use the so-called double opt-in procedure to send the newsletter. This means that we will only send you e-mail newsletters after you have expressly confirmed to us that you consent to the collection and storage of your data for the dispatch of newsletters in accordance with Art. 6 Para. 1 lit. a DSGVO.
We will then send you a confirmation e-mail in which you will be asked to confirm that you wish to receive newsletters in future by clicking on an appropriate link. By activating the confirmation link, you consent to the use of your personal data in accordance with Art. 6 para. 1 lit. a DSGVO. The data collected by us when you register for the newsletter will only be used for advertising purposes in the form of the newsletter. It will not be passed on to third parties.
You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After you have unsubscribed, the newsletter will cease to be sent and your e-mail address and any other data provided in this connection will be deleted immediately from our newsletter distribution list, unless you have expressly consented to the further use of your data or we reserve the right to make further use of your data, which is permitted by law and about which we will inform you below.
9.2 Storage period
After the end of the sweepstake, your personal data processed in the context of the sweepstake will be deleted at the latest three months after the end of the sweepstake, unless you have given your effective consent for further processing (e.g. with regard to sending the newsletter) and/or unless we continue to have a justified interest in further storage.
9.3 Your rights as a data subject
The applicable data protection law grants you the rights listed below:
– Right to information pursuant to Art. 15 DSGVO:
In particular, you have a right of access to your personal data processed by us, the processing purposes, 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 storage period. the criteria for determining the storage period, the existence of a right to rectification, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it has not been collected by us from you, the existence of automated decision-making including profiling and, where applicable, meaningful information about the logic involved and the scope and desired effects of such processing, as well as your right to be informed of the guarantees pursuant to Art. 46 DSGVO that exist when your data are transferred to third countries;
– Right of rectification pursuant to Art. 16 DSGVO:
You have the right to have any inaccurate data concerning you corrected and/or your incomplete data stored by us completed without delay;
– Right to cancellation in accordance with art. 17 DSGVO:
You have the right to request the deletion of your personal data if the requirements of Art. 17 para. 1 DSGVO are met. However, this right does not exist in particular if the processing is necessary for the exercise of the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
– Right to limitation of processing pursuant to Art. 18 DSGVO:
You have the right to demand the restriction of the processing of your personal data as long as the correctness of your data which you dispute is verified, if you refuse to delete your data due to unauthorised data processing and instead demand the restriction of the processing of your data, if you need your data for the assertion, exercise or defence of legal claims after we no longer need this data after achieving the purpose or if you have lodged an objection due to reasons of your particular situation, as long as it is not yet known whether our legitimate reasons prevail;
– Right to information pursuant to Art. 19 DSGVO:
If you have asserted the right to rectification, cancellation or limitation of processing to the data controller, the data controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, cancellation or limitation of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of such recipients.
– Right to data transfer in accordance with art. 20 DSGVO:
You have the right to receive your personal data which you have provided to us in a structured, common and machine-readable format or to request the transfer to another responsible person as far as this is technically feasible;
– Right to revoke consent granted pursuant to Art. 7 para. 3 DSGVO:
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 immediately delete the data concerned unless further processing can be based on a legal basis for processing without consent. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the revocation;
– Right of appeal pursuant to Art. 77 DSGVO:
If you are of the opinion that the processing of your personal data violates the DSGVO, you have the right – without prejudice to any other administrative or judicial remedy – to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, your place of work or the place where the alleged violation occurred.
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