T&C INSTAGRAM competition
1. Subject matter of the terms and conditions of participation and organizer
(1) hese terms and conditions govern the conditions for participation in the competition and any necessary transfers of rights. The respective competition promotions are run on the Instagram page of KARE Switzerland and Jennifer Mamutovic.
(2) The organizer of the competition is Wohnsinnig Gmbh, Stettbachstrasse 2, 8600 Dübendorf and Jennifer Mamutovic.
(3) By participating in the respective competition, these terms and conditions are accepted.
(4) The competition is not affiliated with Facebook or Instagram, and is neither sponsored, supported nor organized by Facebook or Instagram.
2. Participation
(1) The competition is open to anyone aged 18 or over who is resident in Switzerland or Liechtenstein.
(2) Entrants take part in the competition by
- follow Kare_schweiz and interiorbyjennifer_m
- like the last 3 posts by kare_schweiz and interiorbyjennifer_m
- comment on the post
- Share the competition in the story (not mandatory, but it increases your chances of winning)
(4) Entries will be accepted until November 25, 2021.
3. Winners and prize notification
(1) We will draw a winner from all eligible participants to win a Curve Round Brass mirror Ø100cm worth CHF 399.
(2) The winner will be drawn from all eligible participants on November 25, 2021. The winners will be selected by an internal jury. All participants agree that their username on Instagram will be published for the purpose of tracking the winner, ensuring fair play and a fair drawing procedure in the event of a win. The winners will be informed of their win by KARE Switzerland both personally in a message and in a public Instagram story, and will be asked to send an e-mail to a specified e-mail address, in which their personal data, such as name, address and telephone number, are transmitted in a proper and truthful manner and in full. This information is used to send the prize and a subsequent letter with reference to the winning experience.
(3) If we do not receive an e-mail from a winner within the specified period of three days, the claim to the prize shall lapse. In this case, we shall be entitled to conduct a replacement draw and to name new winners.
((4) The prize is neither transferable nor can it be exchanged or its value paid out.
(5) If, due to special circumstances for which we are not responsible, it is not possible for KARE Switzerland to hand over the prize, the winner concerned will receive a replacement prize of comparable value selected by Wohnsinnig GmbH.
4. Granting of rights of use
(1) The participant guarantees that he has granted the person to whom he has linked the right to mark the person under the photo provided by us in a comment.
(2) If participants upload photos to our site as part of the competition, the following applies: The participant grants us the following non-exclusive rights of use to the photo used by him or her, which are unlimited in terms of time and space:
• the right to store the photo on a server;
• the right to make the photo accessible to the public in whole or in part via Instagram, Facebook and our websites (in particular www.kare.ch) and those of our franchisees;
• the right to use the photo to advertise our products;
• the right to edit the photo, provided that the image is not distorted.
(3) In addition to point (2), the following applies: We will identify the author in an appropriate manner when using the image, insofar as this is feasible taking into account the specific form of use (I would dispense with the second half of the sentence). For this purpose, the participant's name will be stored.
(4) By accepting the prize, the winner agrees that we may use his or her name for advertising purposes. He or she also agrees to provide us with personal data that is necessary to send the prize. This data will then be deleted.
5. Duties of the participant
1. The participant warrants that he will not send or upload any content that violates applicable law, infringes the rights of third parties or is otherwise inadmissible.
2.In particular, the following content is not permitted: - content for which the participant does not have the necessary rights of use, - content that violates the right of others to privacy or other personal rights, in particular the right to one's own image, - content with pornographic, obscene or degrading motifs, - content that is defamatory or libelous or contains untrue factual claims, - content that violates the copyrights, ancillary copyrights, trademark rights or other rights of others and/or can be legally prosecuted. or degrading motifs, - which are defamatory or libelous or contain untrue factual claims, - which violate the copyrights, ancillary copyrights, trademark rights or other rights of others and/or can be legally prosecuted.
3. The participant is obliged to: - ensure that the use of any content is legally permissible before uploading it; - inform KARE immediately if he/she discovers that he/she has uploaded or distributed illegal content.
4. The participant also undertakes to refrain from - posting content that pursues commercial interests. - attempting to gain unauthorized access to the data of third parties,
5. KARE reserves the right to exclude the participant from the competition in the event of gross or repeated breaches of duty by the participant. If the excluded participant is a winner who has already been drawn, the prize may be subsequently revoked.
6. The participant shall indemnify KARE against all justified claims of third parties resulting from the violation of his/her obligations. This obligation to indemnify shall in particular also include the obligation to indemnify KARE in full against legal defense costs (e.g. court and legal fees).
7. Premature termination and changes
We reserve the right to terminate the competition at any time, in whole or in part, without notice, or to amend it during its course, if it is not possible to guarantee the proper conduct of the competition for technical (e.g. computer virus, manipulation of or error in software/hardware) or legal reasons (e.g. prohibition by Facebook).
8. Data protection
We are responsible for the collection, processing and use of personal data of the participants, provided that we process this data ourselves. We will only use the personal details of the participant and his other personal data within the framework of the legal provisions of data protection law. We will only store, process and use the information to the extent necessary to conduct the competition or if the participant has given his consent. This also includes use for the exercise of the granted rights of use. The data will be used exclusively for the purpose of conducting the competition and will be deleted afterwards. The participant can request information about the data stored about him or her at any time..
8. Final provisions
(1) Should the terms and conditions of participation contain any invalid provisions, the validity of the remaining provisions shall remain unaffected.
(2) Swiss law shall apply. There shall be no legal recourse to review the draw.