The following terms and conditions govern participation in the “oneearpod x New Years Giveaway Instagram” competition. By participating, participants accept the following terms and conditions:
1. ORGANIZER
The organizer of the competition is BlechMal GmbH, Troxel 1b, 39288 Burg. The competition has no connection with Instagram and is not sponsored, supported or organized by Instagram in any way. Instagram is merely a platform on which BlechMal GmbH runs the competition. The recipient of the information provided is not Instagram, but BlechMal. All questions, comments and/or complaints about the competition should be directed exclusively to BlechMal GmbH.
2. ELIGIBILITY TO PARTICIPATE
Natural persons who are resident in Germany, Austria or Switzerland and who are at least 18 years old are eligible to participate. Employees of BlechMal GmbH or companies associated with it are excluded from participation. Multiple entries are not permitted. Also excluded are people who use unauthorized aids or otherwise gain or attempt to gain advantages through manipulation or attempts at manipulation.
3. PARTICIPATION DEADLINE
The competition starts on December 23rd, 2022 at 12:00 p.m. and ends on January 1st, 2023 at 11:59 p.m.
4. PARTICIPATION
To participate in the competition, the participant must do the following:
- Re-post the story in his story
- Follow the Instagram channel @oneearpod
- Comment under the post
BlechMal GmbH reserves the right to cancel or end the competition at any time. This applies in particular in the event of force majeure or if the competition cannot be carried out or continued for other (organizational, technical or legal) reasons. In such a case, participants are not entitled to any claims. Purchasing products from external partners does not increase the chance of winning.
5. SELECTION AND NOTIFICATION OF THE WINNER
The winners will be randomly chosen and notified by email within 7 working days of the competition. If the winner does not respond within 7 working days of being notified, the right to the prize will expire and a new winner will be chosen by drawing lots.
6. WINNINGS
The prize depends on the respective competition. All information can be found in the competition on the platform itself or further down in the section on the individual competition. Cash payments are not possible.
7. SHIPPING OF THE PRIZE
To claim the prize, the winner undertakes to provide BlechMal GmbH with his or her name and address within the aforementioned period of 7 working days. Shipping will be carried out by us or our partners. Delays may occur due to public holidays. The participant is responsible for the accuracy of the data.
8. DATA PROTECTION
The personal data collected in connection with this competition will be used exclusively to process the competition, will not be passed on to third parties and will be deleted after the competition has ended, unless there are statutory retention periods. The legal basis for data processing is the performance of the contract (Art. 6 Para. 1 lit. b GDPR) and the consent (Art. 6 Para. 1 lit. a GDPR).The winner can obtain information about his data stored by BlechMal GmbH at any time, object to the use of his data and request its deletion. To do so, simply write to BlechMal GmbH, Troxel 1b, 39288 Burg or send an email toservice@oneearpod.com After revocation of consent, the participant’s collected and stored personal data will be deleted immediately.
9. AVAILABILITY OF THE COMPETITION
The availability of the competition during the entire duration of the promotion cannot be guaranteed, as the promotion takes place within Instagram and BlechMal GmbH has no influence on the (technical) availability of the platform.
10. LIABILITY
BlechMal GmbH is liable without limitation if the cause of the damage is based on intent or gross negligence. BlechMal GmbH 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 fulfillment of which makes the proper conduct of the competition possible in the first place and on whose compliance the participant regularly relies. In this case, however, BlechMal GmbH is only liable for foreseeable, contract-typical damage. BlechMal GmbH is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above limitations of liability do not apply to damages based on intent or gross negligence, to damages resulting from injury to life, body or health, to a defect after assuming quality guarantees for the quality of a product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
11. SALVATION CLAUSE
Should one or more of the above clauses be or become invalid, ineffective or unenforceable in whole or in part, the remaining conditions shall remain valid. a corresponding valid clause. The same applies if there is a regulatory gap.
12. LEGAL REMEDIES
Legal recourse is excluded.
