Sweepstakes Agreement

Instagram Sweepstakes Terms and Conditions

1. Subject of the Conditions of Participation and Organizer

(1) These conditions of participation regulate the conditions for participation in the competition and any necessary transfer of rights. The description and procedure of the respective competition takes place as part of the respective competition campaign on the TOFF & ZÜRPEL Instagram page.

(2) The organizer of the competition is: TOFF & ZÜRPEL, Nestler & Glandt GbR, Carrierastr. 17, 01139 Dresden

(3) By participating in the respective competition, these conditions of participation are accepted.

(4) The competition is not connected to Instagram, it is neither sponsored, supported nor organized by Instagram.

2. Participation

(1) Everyone who has reached the age of 18 and is resident in Germany is entitled to participate in the competition. Excluded are employees of TOFF & ZÜRPEL and affiliated companies as well as dependents of such employees and their relatives. Participation with fake identities or with identities of third parties is not allowed.

(2) Eligible participants can take part in the competition by liking the competition posting (“Like”) and leave this rating until the winners are selected.

(3) A further requirement is that a comment is left under the photo.

(4) Participation is limited in time and is stated in the respective image description of the competition.

3. Winnings and Winning Notification

(1) After the end of the participation period, the winners will be determined at random from all eligible participants. The winners will be notified via Instagram message and Instagram story and asked to submit their personal data properly and truthfully. This information is used to send the prize.

(2) If we do not receive a message from a winner within 48 hours, the right to win expires. In this case, we are entitled to carry out a substitute draw.

(3) Only one prize is possible per participant.

(4) The prize is neither transferable nor can the prize be exchanged or paid out in cash.

(5) If circumstances arise for which we are not responsible, the respective winner accepts an appropriate replacement prize. Circumstances that are beyond our control are in particular those that lie with the sponsors of the prizes.

(6) The prizes will be sent to the winner by post to the address provided. When the prize is handed over to a transport person, the risk passes to the winner. We are not responsible for delivery damage.

4. Granting of Right of Use

(1) The participant guarantees to be the owner of the necessary rights to the uploaded or linked photos. 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.

(2) The participant grants us the following simple, temporally and spatially unlimited, but non-exclusive rights of use to the photo he uses:

– the right to save the photo on a server;

– the right to make the photo available to the public in whole or in part via Instagram and our websites (in particular www.toffundzuerpel.de and www.toffundzuerpel.de/shop );

– the right to use the photo to promote our products;

– the right to edit the photo, whereby the image may not be alienated.

– When using the image, we will identify the author in a suitable manner, insofar as this is feasible taking into account the specific form of use.

(4) By accepting the prize, the winner agrees that we may use their name for advertising purposes.

5. Liability and Indemnification

(1) 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.

(2) The participant indemnifies us 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 fully indemnify the organizer from legal defense costs (e.g. court and attorney’s fees).

(3) By participating in the competition, the participant exempts Facebook from any liability.

6. Exclusion

(1) A violation 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, homophobic, racist, offensive, harassing or degrading or that violate social decency in any other way.

(2) If the excluded participant is a winner who has already been drawn, the prize can be subsequently revoked.

7. Early Termination and Amendments

We reserve the right to prematurely end the competition in whole or in part at any time, even without observing a deadline, or to change the course of it 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) it is not possible to guarantee that the competition will be carried out properly.

8. Privacy

We are responsible for the collection, processing and use of the participants’ personal data if we process it ourselves. We will only use the personal details of the participant and his other personal data within the framework of the statutory provisions of data protection law. We will only save, process and use the information to the extent that this is necessary for the implementation of the competition or if the participant has given his consent. 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 participant can request information about the data stored about his person at any time. Otherwise, our data protection declaration applies in accordance with www.toffundzuerpel.de/shop , which can be accessed at www.toffundzuerpel.de/datenschutz .

9. Final Provisions

(1) If the Conditions of Participation contain invalid provisions, the validity of the remaining conditions shall remain unaffected.

(2) German law applies. Legal action to review the draw is excluded.