Summer competition on 02.08.2018
Participation rules and data protection information (as of 22.03.18)
1. Subject
1.1 The following terms and conditions govern participation in the “Summer” competition, organized by Pottliebe Klamotten, Stotznocken 5, 45239 Essen, (hereinafter: Pottliebe) and the collection, processing and use of data that participants submit in connection with participation in the competition. 1.1
By participating in the “Sommerl” competition, participants agree to the following conditions.
2. Conditions of participation
2.1 The “Summer” competition will take place from August 2nd from 10:00 a.m. to August 28th, 2018 at 11:59 p.m.
2.2 All natural persons acting in their own name who are resident in Germany are eligible to participate. Employees of Pottliebe Klamotten and their families are excluded from participation. Only persons aged 18 and over who meet the entry requirements in accordance with section 2.3 and have confirmed the conditions of participation are eligible to participate. Minors are excluded from participation.
2.3 The prerequisite for participation is that the participant links @Pottliebe_Klamotten to their post. The post with the most likes wins.
2.4 By participating, the participant agrees that in case of winning, a post with his/her name and answer will be published on the organizer’s Instagram page.
2.5 One Pottliebe shirt of the participant’s choice will be raffled off among all participants.
2.6 Pottliebe reserves the right to exclude persons from participation who violate these conditions of participation or who gain or attempt to gain an advantage over other participants by influencing or manipulating the competition. Comments that violate Facebook guidelines, Pottliebe netiquette and German law will be removed without notice after they have been acknowledged. The participant is then excluded from winning. In these cases, the organizer can also subsequently exclude participants from the competition, revoke prizes and demand their return.
2.7 The organizer reserves the right to change or withdraw a prize. Any prize offered instead will have at least the same or a higher value than the original prize.
2.8 Participation in the competition does not require the purchase of any goods from the organizer.
3. Processing
3.1 A winner will be randomly selected from among all participants who have fulfilled the conditions for participation under sections 2.2 and 2.3 during the duration of the promotion.
3.2 The winner will be notified by Pottliebe on August 29, 2018 with a private message and asked to write his/her first and last name, personal address and telephone number so that Pottliebe can award the prize.
3.3 The prize cannot be paid out in cash, in kind or exchanged. The prize cannot be transferred to third parties. The participant can waive the prize. Legal recourse is excluded.
3.4 If a participant does not confirm acceptance of the prize by 12:00 noon on September 4, 2018 by responding to the announcement in accordance with section 3.2 informing him of the prize, the prize will be forfeited.
3.5 If the contact details provided by the participant are incorrect, Pottliebe is not obliged to determine the correct data. Any disadvantages resulting from providing incorrect contact details are at the participant's expense.
4. Rights of use
4.1 In the event of a win, Pottliebe is entitled to publish the winner’s post on its social media channels and to mention him or her by name in its posts.
5. Availability of the competition and early termination
5.1 The availability of the “Summer” competition during the entire duration of the campaign cannot be guaranteed, as the competition takes place within Facebook and Pottliebe has no influence on the (technical) availability of the platform.
5.2 Pottliebe reserves the right to interrupt or terminate the campaign at any time without prior notice or justification, for example for technical or legal reasons.
6. Liability
6.1 Pottliebe shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
6.2 Pottliebe is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper conduct of the "World Water Day" competition possible in the first place and on whose compliance the participants regularly rely. In this case, however, Pottliebe is only liable for foreseeable, contract-typical damage. Pottliebe is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
6.3 The above limitations of liability do not apply to damages caused by intent or gross negligence, to damages resulting from injury to life, body or health, to defects after guarantees have been given for the quality of a product and to defects that have been fraudulently concealed. Liability under the Product Liability Act remains unaffected.
6.4 Under no circumstances will the Promoter be liable for any loss, damage or injury, howsoever caused, suffered or otherwise incurred by the winner or his property in connection with this Competition or any of the prizes awarded.
6.5 To the extent that Pottliebe’s liability is excluded or limited, this also applies to the personal liability of Pottliebe’s representatives and vicarious agents.
7. Data protection
7.1 Pottliebe collects and uses participants' data only to the extent permitted by law or where participants have consented to this. When participating, Pottliebe collects the following personal data from participants: • Participant's first and last name • Address • Telephone number The data is collected, processed and used exclusively to carry out and process the competition organized by Pottliebe.
7.2 Upon written or textual request, participants may at any time request information about which personal data is stored by Pottliebe and request their correction and/or deletion as well as revoke consent to data usage.
8. Notes on Facebook 8.1 Participants cannot assert any claims against Facebook Inc. in connection with the use of Facebook or participation in the campaign.
8.2 Participants acknowledge that the campaign is not sponsored, supported or organized by Facebook and has no economic connection with Facebook.
8.3 If postings take place on Facebook, the general terms of use and privacy policy of Facebook apply.
8.4 Inquiries and comments regarding the campaign should be directed to Quickcap at the email address and not to Facebook directly.
9. Severability Clause Should individual provisions of these terms and conditions be invalid or contain a gap in the regulations, this shall not affect the validity of the remaining provisions. The invalid or missing provisions shall be replaced by a provision that comes closest to the purpose of the contract and the statutory provisions.
10. Applicable law These conditions of participation are subject exclusively to German law.