Competition Terms and Conditions Instagram

§ 1 Organizer

(1) The organizer of the competitions is share GmbH, Erkelenzdamm 59-61, 10999 Berlin

represented by the managing directors Ben Unterkofler and Thomas Baum.

(2) This competition has no connection with Facebook and TikTok and is not sponsored, supported or organized by Facebook, Instagram or TikTok in any way. A Facebook and/or TikTok account is required to participate. Participation is only possible in your own name. Multiple entries are not permitted.

§ 2 Competition

(1) The organizer organizes competitions. For this purpose, it has provided one or more prizes for each competition and will award these to the winners in accordance with the following conditions.

(2) Participation does not require the purchase of any goods or services.

§ 3 Participation

(1) The participant takes part in the competition by fulfilling the conditions of participation. This includes, in particular, the correct completion of the participation form. There may also be other conditions that can be found in the publication of the competition (such as fulfilling certain tasks).

(2) Participation in the competition is free of charge. No paid services are required to participate.

(3) A participant is always only a specific natural person; legal persons cannot participate. Multiple participation, for example under a pseudonym or other email addresses, is not permitted and will result in exclusion from the competition.

(4) The conditions for participation must be met during the duration of the competition and submitted to the organizer using the method offered. Participation using a method other than that offered for participation (e.g. another email address of the organizer) is not permitted and will not be considered. Applications submitted before or after the competition will not be considered.

(5) The minimum age for participation is 18 years. Only persons residing in Germany and Austria can participate.

(6) Participants agree that their Facebook/TikTok name will be published on the organizer’s Facebook/TikTok profile in the event of a win.

(7) The participants in the competition are responsible for the content of their comments under posts that advertise the organizer's competitions, as well as for all uploaded documents. In this respect, the participant assures that they will not infringe the rights of third parties by uploading the content or the post.

§ 4 Duration of the competition

(1) The duration of the competition can be found in the respective Instagram/TikTok post or the respective Instagram/TikTok story.

(2) During this period, the participating person can fulfil the participation requirements online.

(3) The organizer is entitled to terminate the competition prematurely if actual or legal circumstances change during the competition which make the competition more difficult.

(4) The organizer is entitled to cancel the competition entirely if an important reason for doing so occurs after the competition has been announced, such as spam-like, mass abuse.

§ 5 Exclusion from the competition

(1) Employees, staff and bodies of the organizer and their relatives are excluded from participation. This also applies to all persons who were involved in the conception and implementation of the competition.

(2) The organizer is entitled to exclude participants from the competition if the participating person

(a) violates the Conditions of Participation,

(b) attempts to manipulate the competition,

(c) provides false or misleading information when participating,

(d) does not respond to the announcement of his/her prize within 10 days via the communication channel provided for at the event,

(e) revokes their consent to the storage and use of personal data for the competition.

(3) If one of the circumstances of paragraphs 2 a – d only becomes known after the prize has been awarded, the organizer is entitled to contest the award of the prize to a participant who met or fulfilled the requirements of paragraphs 2 a – d and not to award the prize to that participant or to demand it back from that participant and to claim damages. The prize award will then be repeated, excluding the relevant participant.

§ 6 Profits

(1) The prizes and, if applicable, their value will be announced in the respective Instagram/TikTok post or the respective Instagram/TikTok story.

(2) The winner(s) will be randomly selected by means of a drawing from among all persons who have duly registered and are entitled to participate and who have fulfilled the participation and, if applicable, prize requirements in accordance with the terms and conditions.

(3) Unless the prize draw is based on a lottery or random principle, the criteria used to determine the winner will be announced in the respective Instagram/TikTok post or Instagram/TikTok story.

(4) If costs are incurred in delivering the prize to the place of collection, these will be borne by the organiser unless they are based on special conditions of the winner (e.g. travel costs of the participating person).

(5) All other costs arising from the prize, in particular the proper taxation, if necessary, are the responsibility of the winner.

(6) If the winner does not respond to the announcement of the prize by the organizer via the communication channel specified for participation within 10 days, the participant will be excluded from the competition and a new draw will take place in accordance with paragraph 2.

(7) If the delivery of the prize to the participant becomes objectively or subjectively impossible for reasons for which the organizer is not responsible, the organizer is entitled to determine another, equivalent prize to be delivered to the winner.

(8) The claim to the prize cannot be transferred or assigned. The prize cannot be won in any other way and the prize cannot be paid out in cash.

§ 7 Disclosure / Consent to Name Disclosure

(1) After the competition has ended, the organizer will announce the winner.

(2) Each participant agrees that, in the event of winning, he/she will be mentioned by name in the medium used by the organizer for the competition. This applies in particular to the website and all social media appearances of the organizer.

§ 8 Liability

(1) With premature termination of the competition according to § 4 or handing over of the prize, the organizer is released from all obligations arising from the competition.

(2) In any case, the organizer’s liability is limited to the value of the prize, unless the organizer caused the damage through gross negligence or intent or the damage consists in injury to life, body or health.

§ 9 Data Protection

(1) The organizer will use the data of the participant exclusively for the purpose of conducting the competition. The organizer will not pass the data on to third parties without the consent of the participant.

(2) In order to participate in the competition, the participant can take note of the organizer’s data protection declaration.

(3) The participant has the right to revoke his/her consent to the storage and use of his/her personal data at any time to the address provided in the imprint. In this case, however, he/she is excluded from the competition.

(4) For the competition participation contract, personal data will be collected in accordance with Art. 6 (1) (b) GDPR (e.g. name and email address, address if applicable, facts regarding the fulfillment of the conditions of participation and all other data transmitted electronically or for storage), insofar as they are necessary for the justification, content design or modification of the competition participation.

(5) The contract data will only be passed on to third parties if it is necessary for the performance of the contract (according to Art. 6 Para. 1 lit. b GDPR), if this corresponds to the overriding interest in an effective service (according to Art. 6 Para. 1 lit. f GDPR) or if consent (according to Art. 6 Para. 1 lit. a GDPR) or other legal permission has been given. The data will not be passed on to a country outside the EU unless the EU Commission has determined that data protection is comparable to that in the EU, consent has been given or standard contractual clauses have been agreed with the third-party provider. 

(6) Those affected can request information about the personal data stored at any time free of charge. You can request correction of incorrect data (also by addition) as well as restriction of its processing or deletion of your data at any time. This applies in particular if the purpose of processing has expired, a required consent has been revoked and there is no other legal basis or the data processing is unlawful. The personal data will then be corrected, blocked or deleted immediately within the legal framework. You have the right to revoke your consent to the processing of your personal data at any time. This can be done by sending an informal message, e.g. by email. The revocation does not affect the legality of the data processing carried out up to that point. Transfer of the contract data in machine-readable form can be requested. If there is a fear that the data processing will violate the law, a complaint can be submitted to the responsible supervisory authority. 

(7) The data will generally only be stored for as long as the purpose of the respective data processing requires. Further storage will be considered in particular if this is still necessary for legal proceedings or for legitimate interests or if there is a legal obligation to retain the data (e.g. tax retention periods, statute of limitations).

(8) Requests to exercise any of the above rights may be made in writing to the attention of Data Protection Officer, share GmbH, Erkelenzdamm 59-61, 10999 Berlin.

§ 10 Complaints, Legal Recourse

(1) Complaints about the conduct of the competition should be sent to the address provided in the imprint. The complaint period is 2 weeks after the end of the competition. Complaints received later will not be considered.

(2) This competition is subject to German law.