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Terms and conditions "kitchen hack" prize draw
WMF GmbH (hereinafter WMF, “the organizer”), WMF Platz 1, 73312 Geislingen (Steige), Germany, is offering a prize draw on the Instagram channel of WMF global (@wmf) on the subject of “kitchen hacks”. Participation in the competition is exclusively subject to the following terms and conditions. The participant accepts the following terms and conditions to take part in the prize draw
1. Conditions of participation
Eligible to participate are only natural persons who are at least 18 years of age at the time of participation and are not resident in one of the following countries:
- Islamic Republic of Iran
- Syrian Arab Republic
- Democratic People's Republic of Korea
Excluded from participation are employees of the organizer, their affiliated companies, cooperation partners and supporting agencies as well as their respective relatives.
2. Prizes, participation, draw and further proceeding
2.1) As part of five separate promotions the following WMF products are given away to five participants:
- 1 WMF Fusiontec pot set 4 pcs, black (article nr. 3201006019)
- 1 WMF Kineo cutlery set 30 pcs (article nr. 3201017822)
- 1 WMF Fusiontec wok 28cm, black (article nr. 3201007623)
- 1 WMF Fusiontec 3-in-1 multifunctional plate (article nr. 3201019349)
- 1 WMF Vitalis roaster 6.5l with silico lid (article nr. 3201000287)
2.2) Prizes are non-negotiable, exchangeable, or transferable. The organizer has the right to replace a prize with another prize of equal value. A full or only partial cash payment of the prizes or a full or only partial cash payment of a possible prize replacement is excluded. Claims to prizes cannot be assigned.
2.3) There will be five draws, starting on the 28th of October 2020 and the 3rd, 5th, 9th and 11th of November 2020, each at 6pm CET. All prize draws end on the 16th of November 2020 1pm CET. After this date no further entries to the competition will be permitted.
2.4) To take part, users need to follow the Instagram channel of WMF global (@wmf) and comment their favorite kitchen hacks under the giveaway posts posted by @wmf. Another form of participation is not possible. Each participant can take part several times, but only one prize is possible per participant.
2.5) There is no entry fee and no purchase necessary to enter this competition.
2.6) The winners of the five price draws will be chosen randomly among all participants and notified via Instagram direct messages by the organizer on the 17th of November 2020 2pm CET. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
2.7) Each winner will receive the prize by mail. The prize will be sent to the winner’s residential address. The organizer assumes no liability if, for reasons for which the organizer is not responsible, the prize gets lost and / or does not reach the winner. With hand-over of the prize to the transport service provider, the risk of accidental deterioration and accidental loss goes to the participant.
3. Early termination of the application process
The organizer reserves the right to interrupt, cancel or amend the competition and these terms and conditions at any time without prior notice for exceptional reasons. The organizer has the right to interrupt, cancel or amend the competition especially because of technical problems, if it cannot be guaranteed that the application process will be carried out properly (e.g. because of viruses in the computer system, manipulation or errors in the hardware and/or software or for legal reasons). If such termination is caused by the behavior of a participant, the organizer may demand compensation from this person for the damage incurred. Any changes to the competition will be notified to entrants as soon as possible by the organizer.
4. Data protection
The organizer follows the legal regulations when storing and processing personal participant data. The collected data will be processed and stored by the organizer only in connection with the prize draw and only for the purpose of the prize dispatch. The following data of the prize draw winners will be processed:
- Surname, first name and Instagram handle
- Postal address
- E-mail address
By participating, the participant expressly agrees to the collection, use and storage of his data for the stated purpose. If and to the extent that the data is no longer required for the aforementioned purpose, the organizer will delete it within one month.
The individual winner of the prize draw is free to revoke his/her consent to the processing and use of the personal data and its publication at any time by sending an e-mail to [email protected] or by notifying WMF GmbH, Data Protection Officer, WMF Platz 1, 73312 Geislingen (Steige), Germany. In this case, however, participation in the competition is no longer possible as the prize cannot be dispatched to the individual winner.
5. Responsibility for contents
5.1) The participant is fully responsible for all content he/she has posted on the relevant Instagram social media channel as part of the competition. No unlawful content that violates applicable regulations may be posted, as well as content that is capable of insulting, defaming, harassing or otherwise damaging other persons.
5.2) The organizer is not obliged to check the content provided by the participants for potential infringements of the rights of third parties. The organizer is, however, entitled to reject such content if, in his reasonable opinion, it is illegal or contra bonos mores.
5.3) The participant shall indemnify the organizer on first request from all claims asserted by third parties against the organizer on the grounds that the content communicated by the participant infringes their rights or violates legal regulations; this includes all damages, reasonable costs, especially necessary costs of legal defense. The same applies to claims asserted due to the violation of these terms and conditions.
6. Terms and Conditions of Instagram
6.1) In addition to these conditions of participation, the relationship between the organizer, the participant and Instagram is determined by the conditions of participation and the data protection rules of the platform operator Instagram that can be found on https://help.instagram.com/581066165581870 and https://help.instagram.com/519522125107875.
6.2) The participant acknowledges that the prize draw is in no way sponsored, endorsed or administered by, or associated with, Instagram.
6.3) Participants cannot assert any claims against Instagram that arise in connection with participating in the prize draw.
6.4) All information and data that is communicated or collected by the participants in connection with the prize draw is only made available to the organizer and not to Instagram.
6.5) All inquiries and information regarding the prize draw should be addressed to the organizer and not to Instagram.
7. Liability of the organizer
7.1) The organizer is liable without restriction for damage attributable to the breach of a guarantee or damage to life, limb or health. The same applies to intentional acts and gross negligence or if the organizer assumed a procurement risk. The organizer is liable for slight negligence only in the event of the breach of material contractual duties which are inherent to the nature of the contract and which are of particular significance for the fulfilment of the contractual purpose. In the event of the breach of such duties and in the case of default and frustration, the organizer's liability is limited to such damage as can be typically expected within the framework of this kind of contract. Mandatory statutory liability for product defects remains unaffected.
7.2) If the organizer's liability is excluded or limited, this also applies to the personal liability of its employees, workers, staff, representatives and agents of the organizer.
8.1) Legal action is excluded.
8.2) The organizer has the right to exclude individual persons from participation because of legitimate reasons, such as violation of these terms and conditions, improper attempt to influence the prize draw or manipulation. In these cases, prizes can be subsequently reclaimed.
8.3) If the national law at the place of residence of the participant does not necessarily prescribe the validity of national law, German law applies.
8.4) Should individual provisions of these terms and conditions of participation become invalid, the validity of the remaining provisions shall remain unaffected. The same applies in the event of a possible loophole in the regulations.