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Die Gestalten Verlag GmbH & Co. KG, Mariannenstraße 9-10, 10999 Berlin, Germany, offers raffles and giveaway promotions from time to time on this website, on LinkedIn, Instagram, Facebook or other social media (hereinafter referred to as "promotion page"), among other places. Participation in these raffles/giveaways is governed by the following general conditions of participation.
§1 Raffle and Organizer
(1) The organizer of the raffles is Die Gestalten Verlag GmbH & Co. KG, Mariannenstraße 9-10, 10999 Berlin, Germany (hereinafter referred to as the "Organizer").
(2) Participation is governed exclusively by the following conditions of participation.
§2 Participation
(1) The conditions of participation presented in the respective entry on the promotion page state: the prize(s), the running time of the raffle, the conditions participants have to comply with, the methods and criteria by which the winner is determined, contacted and announced.
(2) Any natural person who has reached the age of 18 and fully complies with the respective conditions of participation presented in the respective entry on the promotion page is eligible to participate. However, employees of the organizer and their direct relatives are excluded from participation.
(3) Participation is completely free of charge and does not require the purchase of any goods or services.
(4) Entries that do not meet conditions of participation presented in the respective entry on the promotion page cannot be taken into account within the raffle. Incorrect information or incomplete entries will not be considered. Late or incomplete entries will also not be considered.
(4) By participating in the respective raffle, the consenting party agrees to these conditions of participation.
§3 Implementation and Processing
(1) The prize described in more detail within the specific raffle on the promotion page state will be drawn at random from all valid entries using random number generator. If the competition is linked to a task, only those participants who have solved the task correctly will be entered into the draw.
(2) The raffle starts with the respective publication date and ends on the date indicated on the promotion page.
(3) Unless otherwise stated in the respective raffle, the winner will be drawn on the working day after the end of the competition and notified by direct message; the winner must confirm receipt of the prize notification and the claiming of the prize within 5 working days of the prize notification by the contact method stated within this notification. If this confirmation is not received, the prize will be awarded to another participant.
(4) The claim to the prize cannot be assigned and is not transferable; furthermore, the prize is neither payable nor amendable or changeable. If the prize cannot be made available for whatever reason, the organizer reserves the right to award a substitute prize of equal value.
(5) The legal process is excluded.
§4 Exclusion of Participation
(1) In the event of a breach of these conditions of participation, the organizer reserves the right to exclude participants from the competition.
(2) Furthermore, the organizer reserves the right to exclude participants who use unauthorized aids or otherwise obtain advantages through manipulation, for example through collective or multiple entries. This is the case, for example, if automatic scripts, hacking tools, Trojans or viruses are used, or if a participant obtains an advantage through other unauthorized means. Furthermore, untruthful personal data, as well as the use of "fake profiles" can lead to exclusion. In such cases, winnings may also be subsequently withdrawn and/or reclaimed.
§5 Premature termination or cancellation of the competition
The organizer is entitled to prematurely terminate, suspend or modify the raffle if unforeseen circumstances beyond the organizer's control occur that make the original implementation more difficult or unreasonable for the organizer. This includes in particular, but is not limited to, the unauthorized intervention of third parties, technical problems with hardware and software that are beyond the control of the organizer, as well as violations of rights that are directly related to the implementation of the competition, in this case in particular the manipulative intervention in the course of the competition.
§6 Facebook
(1) The raffle is not connected to Facebook and is in no way sponsored, supported or organized by Facebook.
(2) Participants have no claims against Facebook arising from participation in the raffle or from winning in the raffle.
(3) Inquiries and comments by participants are to be directed exclusively to the organizer and not to Facebook.
(4) Participants may not participate in the competition with multiple accounts. In particular, the creation of multiple accounts to supposedly increase the chances of winning is prohibited.
§7 LinkedIn
(1) The raffle is not connected to LinkedIn and is in no way sponsored, supported or organized by LinkedIn; the participant shall not have any claims against LinkedIn. In this respect, the provisions of clause 6. apply accordingly.
(2) Participants may not participate in the competition with multiple accounts. In particular, the creation of multiple accounts to supposedly increase the chances of winning is prohibited.
§8 Instagram
a) The raffle is in no way connected to Instagram and is in no way sponsored, supported or organized by Instagram; the participant shall not incur any no claims against Instagram. In this respect, the provisions of clause 6. apply accordingly.b) Participants may not participate in the competition with multiple accounts. In particular, the creation of multiple accounts to supposedly increase the chances of winning is prohibited.
§9 Data Protection
(1) The organizer collects and uses the personal data of the participants exclusively within the legally permissible framework.
(2) For details on the type and scope of data processing, and in particular your data subject rights, please refer to our detailed data protection declaration at https://gestalten.com/pages/privacy-policy
(3) This data will be processed by the organizer exclusively for the purpose of determining the winner, checking compliance with the conditions of participation, as well as for contacting the winner in the event of a win and for sending the prize. The data processing is accordingly based on Art. 6 para. 1 lit. b) DSGVO.
(4) The organizer will delete the data of the winner if it is no longer necessary for the implementation of these purposes. This is usually the case when the prize has been sent and the organizer has made sure that it has reached the winner undamaged.
(5) Personal data will not be passed on to third parties without the participant's consent.
(6) Each participant has the right at any time to request information about the data stored by the organizer regarding his person in accordance with Art. 15 DSGVO. The same applies to the deletion of the corresponding data at the organizer according to Art. 17 DSGVO, as well as the correction according to Art. 16 DSGVO and blocking of data according to § 18 DSGVO.
(7) Furthermore, the participant may object to data processing which the organizer bases on Art. 6 para. 1 lit. e or f DSGVO under the conditions of Art. 21 DSGVO. Participants also have the right to complain about the processing of your data to the competent supervisory authority. You can find detailed information at any time at https://gestalten.com/pages/privacy-policy.
§10 Liability of the organizer
The following exclusions and limitations of liability apply to the organizer's liability for damages, without prejudice to the other legal requirements for claims:
(1) The organizer shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
(2) Furthermore, the organizer shall be liable for breaches of essential obligations caused by slight negligence, the breach of which jeopardizes the achievement of the purpose of the contract, or for breaches of obligations, the fulfillment of which is essential for the proper execution of the competition and on the fulfillment of which the contractual partners regularly rely. However, the scope of liability for the organizer in such a case shall be limited to the foreseeable damage typical for the contract.
(3) The organizer is not liable for the slightly negligent violation of other obligations than those mentioned above.
(4) The designated limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of guarantees for the quality of a product and in the event of fraudulently concealed defects. The liability according to the product liability law remains unaffected.
(5) The exclusion or limitation of liability of the organizer shall also apply to the personal liability of representatives and vicarious agents of the organizer or its employees.
§11 Final Provisions
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.