Conditions of participation for the competition "April Month" for the period
S & Y Splendor GmbH, Oldesweg 6a, 22393 Hamburg, hereinafter referred to as "DINGY WEATHER", as the organizer, offers the competition "" on the Internet via their Facebook and Instagram channels.
By participating in the competition organized by DINGY WEATHER, the participant expressly and bindingly accepts the following conditions of participation.
First place prize is a 50% discount off a DINGY WEATHER All Weather Jacket / Coat currently available in stock. The prize will be randomly drawn among all participants who take part in the competition period from March 13th, 2020 to March 17th, 2020. If a jury is involved, the participant accepts the legally binding judgment of the jury, the decision and assessment of which is incontestable. The participant does not receive any remuneration or reimbursement of expenses for participating in the competition and the transfer of rights of use.
The winner will be notified accordingly via Instagram or Facebook. The winner of a sweepstakes conducted on DINGY WEATHER's official Facebook or Instagram profile must contact DINGY WEATHER within two weeks via Facebook or Instagram message or email to receive the prize . The profit is issued in the form of a discount code — the desired product can then be purchased via the online shop for the remaining price dingy.eu be acquired. If the collection is not made on time, the claim to the prize is forfeited without replacement, DINGY WEATHER will then raffle the prize again. In order for the prize to be sent, it is necessary to provide the winner's address. DINGY WEATHER will send the prize by post after ordering the product via the online shop dingy.eu. DINGY WEATHER is entitled to make changes to the prize. In this event, the winner will receive an appropriate replacement prize.
The respective prize will be described in detail on the DINGY WEATHER Facebook profile / Instagram profile. This description is legally binding.
The participants expressly and irrevocably grant DINGY WEATHER the right to spatially and temporally spatially and temporally store any spoken contributions, musical contributions or mixed contributions of any kind submitted and/or recorded in connection with the competition, as well as all written documents, photo material, video material and/or text manuscripts submitted as part of the competition unlimited use, publication, presentation on the Internet and use for advertising purposes of the photographic material provided, even after the end of the competition without naming (with naming only if separate permission has been granted) and/or publication. The participant guarantees that he owns the necessary rights to the uploaded or linked photos or of the other material submitted by him. If the participant is not the sole author or rights holder, he expressly declares that he has the rights required for participation in the competition.
This concerns in particular
the right to store the photo on a server
the right to make the photo available to the public in whole or in part via Facebook, Instagram (and other social media channels) and our websites
the right to use the photo to promote our products
the right to edit the photo, whereby the image may not be alienated
DINGY WEATHER has the right, but has no obligation, to use and publish the material submitted by the participant. By submitting the material, the participant waives the naming of the author and assures that this waiver also applies to other authors and co-authors of the material. By accepting the prize, the winner agrees that we can use their name (with attribution only if separate permission has been obtained) may use for advertising purposes. Sweepstakes conducted on any of DINGY WEATHER's official Facebook/Instagram profiles are not affiliated with Facebook/Instagram and are in no way sponsored, endorsed or organized by Facebook.
If the participant uploads photos, the participant guarantees that he will not send any content whose provision, publication or use violates applicable law or the rights of third parties. DINGY WEATHER expressly reserves the right to reject and not publish any material submitted at its own discretion. The participant indemnifies DINGY WEATHER from third-party claims of any kind that result from the illegality of photos used by the participant. The obligation to indemnify also includes the obligation to notify the organizer of legal defense costs (e.g. court and attorney's fees). By participating in the competition, the participant releases Facebook and Instagram as platform operators from any liability. A breach of these conditions of participation entitles us to exclude the respective participant from participation. This applies in particular if the participant provides incorrect information or if the photos or other content (e.g. comments) used violate applicable law or the rights of third parties. The same applies to comments that can be viewed as glorifying violence, offensive, harassing or degrading or that violate social decency in any other way.
A prize can be withdrawn retrospectively if it later turns out that there was no right to participate or that it was lost during the competition. In particular, the entitlement to the prize does not apply if a participant has manipulated the competition and/or the game applications on which the competition is based, has registered for the game using several email addresses or has actively intervened or attempted to intervene in the course of the game in any other way to increase his chance of winning.
Excluded from participation are all employees, employees and consultants of DINGY WEATHER and its affiliated companies and their respective first and second degree relatives as well as their life partners in a marriage-like community and all persons who are or were employed to carry out the campaign. The same applies to the cooperation partners involved and their employees. Participation via sweepstakes associations, automated services or other service providers is not permitted. DINGY WEATHER reserves the right to exclude participants from the competition without giving reasons if they suspect manipulation. Furthermore, DINGY WEATHER reserves the right to end the competition in whole or in part at any time, even without adhering to deadlines. This applies in particular if proper execution cannot be guaranteed for technical (e.g. manipulation) or legal reasons.
If the excluded participant is a winner who has already been drawn, the prize can be subsequently revoked. DINGY WEATHER reserves the right to prematurely end the competition in whole or in part at any time, even without observing a deadline, or to change its course if it is not possible for technical reasons (e.g. computer virus, manipulation of or errors in software/hardware) or legal reasons (e.g. prohibition by Facebook, Instagram) it is not possible to guarantee that the competition will be carried out properly.
DINGY WEATHER is responsible for the collection, processing and use of participants' personal data if we process it ourselves. DINGY WEATHER will only use the personal details of the participant and their other personal data within the framework of the statutory provisions of data protection law. DINGY WEATHER will only save, process and use the information to the extent that this is necessary for the implementation of the competition - a separate declaration will be sent for the naming of winners. This also includes use to exercise the rights of use granted. The data will only be used to carry out the competition and will then be deleted. The name and address of the winners whose submitted contributions or materials are used by us for advertising purposes can be stored for the duration of the advertising use so that the winner can be contacted in the event of a claim based on the material they have submitted.
The participant can request information about the data stored about his person at any time. Otherwise, our data protection declaration applies, which can be accessed via our online shop dingy.eu.
Should individual clauses be or become invalid, the validity of the remaining clauses shall remain unaffected. German law applies to the user relationship between the participant and DINGY WEATHER.
The legal process is excluded for the implementation of the competition, the decision to win and the payment of the prize.