Conditions of Participation
1. Scope of application
These terms and conditions apply to all giveaways organized by Quality Brands GmbH, Carlo-Schmid-Straße 11, 52146 Würselen, Germany (hereinafter referred to as "cotopaxieurope"). By participating, each entrant agrees to be bound by these terms and conditions.
This giveaway is in no way associated or affiliated with Instagram. It is not sponsored, endorsed or organized by Instagram in any way and does not give rise to any legal claims against Instagram. All information related to this giveaway is provided solely by the organizer.
2.1 The Prize Draw is open to any natural person aged 18 or over residing in the EU.
2.2 Minors under the age of 18 and persons who are legally incompetent are not eligible to participate.
2.3 The Organizer reserves the right to disqualify any person who breaches these terms and conditions or who obtains or attempts to obtain an advantage over other participants by improperly influencing or manipulating the giveaway. In such cases, the Organizer may also subsequently disqualify entrants from the giveaway, disallow prizes and reclaim them.
2.4 Participation is only possible within the time period specified in the giveaway description. Each participant may participate only once in the same giveaway.
2.5 The giveaway is not open to employees of the giveaway Organizer, employees of the companies involved in the giveaway, and their direct relatives.
3. Conducting the giveaway
3.1 The condition for participation in the giveaway is to follow the Organizer's Instagram channel. If any other requirement is necessary to participate in the giveaway, it will be communicated directly at the opportunity to participate in the giveaway. The giveaway will be held during the specified time period. All participants in the giveaway who meet the requirements specified in sections 2 and 3 by the time of the respective draw will be considered. Immediately after the closing date, the winner will be drawn at random.
3.2 The prize cannot be changed or paid in cash. The prize is not transferable.
4. Prize processing
4.1 The winner will be notified by the organizing company via Instagram. With respect to the prize, each entrant notified in this manner is obliged to inform the organizing company within two days of the notification being sent whether he/she accepts the prize. If the organizing company does not receive a corresponding message within this period, the possibility of accepting the prize expires and the organizing company reserves the right to select another participant and to notify him/her accordingly.
4.2 If the contact information provided by the entrant is incorrect (e.g. email address), the Organizer is not obligated to verify the correct information. Any disadvantages resulting from the provision of incorrect contact details (e.g. incorrect e-mail address) shall be borne by the participant.
5. Liability for Defects The Organizer is liable for damages incurred by the winner due to material defects and/or defects in title only in the case of malice, intent or gross negligence. Otherwise, liability for material defects and/or defects in title is excluded.
6. Premature termination, adaptation or modification of the giveaway
The organizer is entitled to terminate, adjust or modify the giveaway at any time without prior notice and without giving reasons if the proper conduct of the giveaway cannot be guaranteed for technical or legal reasons without appropriate measures.
7. Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence.
8. Data protection
Responsible for data processing in connection with the giveaway is
Quality Brands GmbH
The named data controller is jointly responsible with Instagram (platform operator is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) for the data processing on the Instagram page on which the giveaway is organized within the meaning of Art. 26 GDPR.
8.1 Processing of your personal data in connection with the giveaway
We process your personal data for the proper conduct and administration of the giveaway and, in particular, for sending the prize.
In order to run the giveaway, the profile name of each participant are collected and stored. In order to send the prize, we also collect the winner's first name, last name and 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 par. 1 lit. b GDPR (implementation of pre-contractual measures and performance of a contract).
8.2 Retention period
After the end of the giveaway, your personal data processed in the context of the giveaway will be deleted no later than one month after the end of the giveaway, unless you have given your effective consent to further processing (e.g. for the purpose of sending the newsletter) and/or we have no legitimate interest in further storage.
8.3 Your rights as a data subject
The applicable data protection law grants you the following rights as a data subject:
- Right to information pursuant to Art. 15 GDPR:
In particular, you have the right to be informed about the personal data that we process, the purposes of the processing, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the intended storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, 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 not collected from you by us, the existence of any automated decision making including profiling and, where applicable, meaningful information about the logic involved and the scope and intended impact of such processing on you, as well as your right to be informed about the guarantees provided for in Art. 46 GDPR in case your data are transferred to third countries;
- Right to rectification under Art. 16 GDPR:
You have the right to obtain without delay the rectification of inaccurate data concerning you and/or the completion of incomplete data stored by us;
- Right of erasure according to Art. 17 GDPR:
You have the right to request the erasure of your personal data if the requirements of Art. 17 (1) GDPR are met. However, this right does not apply in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
- Right to restrict processing under Art. 18 GDPR:
You have the right to request the restriction of the processing of your personal data for as long as the accuracy of your data, which you dispute, is being verified; if you object to the deletion of your data due to unlawful data processing and instead request the restriction of the processing of your data; if you need your data for the establishment, exercise or defense of legal claims after we no longer need these data after the purpose has been achieved, or if you have raised an objection for reasons relating to your particular situation, as long as it is not yet clear whether our legitimate reasons prevail;
- Right of access according to Art. 19 GDPR:
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients.
- Right to data portability according to Art. 20 GDPR:
You have the right to obtain the personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller, where technically feasible;
- Right of withdrawal of consent according to Art. 7 (3) GDPR:
You have the right to withdraw 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. Withdrawal of consent shall not affect the lawfulness of processing based on consent prior to its withdrawal;
- Right to lodge a complaint under Art. 77 GDPR:
If you consider that the processing of personal data concerning you is in breach of the GDPR, 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 habitual residence, place of work or the place of the alleged breach.