Terms and conditions for social media contests

Terms and Conditions with Privacy Policy for the Shoepassion Giveaway "Shoepassion x mraquerra" on Instagram

1 Giveaway: "Shoepassion x mraquerra"

1.1 The "Shoepassion x mraquerra" competition is organized by Shoepassion GmbH, Ackerstr. 23-26, 10115 Berlin.

1.2 The competition takes place during the promotional period from May 22, 2022 to May 28, 2022, 11:59 PM.

1.3 Participation is voluntary, free of charge, and not tied to a purchase obligation. Participants (hereinafter, personal designations apply equally to persons of male, female, or diverse gender) only have to bear the costs associated with participating via the internet (usage fee for internet connection).

1.4 The competition is not affiliated with Facebook and Instagram and is in no way sponsored, supported, or organized by Facebook or Instagram. All questions, comments, and complaints should be directed to Shoepassion. By confirming the terms and conditions of participation, participants acknowledge that they have no claims against Facebook or Instagram if they participate in the competition.

2 Participation, Process, and Determination of Winners

2.1 To participate in the competition, the participant must follow the Shoepassion Instagram channel (@shoepassion.com), like the post for the competition on Instagram (@shoepassion.com) from 22.05.2022, and tag two people in a comment under the post for the competition on Instagram (@shoepassion.com) from 22.05.2022.

2.2 Among all participants, a Shoepassion voucher worth 500 € will be raffled off after the promotional period and a winner will be determined in a non-public drawing.

2.3 The winners will be contacted via Instagram and must then provide their contact details to Shoepassion. The participant is responsible for the accuracy of the contact details provided. If a winner does not contact Shoepassion within 7 days after being notified of the win, the prize will be forfeited. In this case, a new winner will be drawn from the pool of eligible participants. The same applies if a winner provides Shoepassion with incorrect contact details and the delivery or handover of the prize is therefore not possible.

2.4 Natural persons with residence in the Federal Republic of Germany, Austria, and Switzerland who have reached the age of 18 are eligible to participate. Employees of Shoepassion GmbH and their relatives are excluded from participation.

2.5 Only one entry per person is allowed.

2.6 Participation can only take place via the internet. Participation via competition services, automated mass participation procedures of third parties, or other manipulations is not permitted. Participation is also excluded for persons who access the promotional page via online voucher portals.

2.7 In case of a violation of these participation conditions, Shoepassion reserves the right to exclude the participant from the competition. In this case, the prizes may be revoked and reclaimed retroactively.

3 Prices

3.1 Among all participants, after the end of the promotional period, Shoepassion vouchers worth €500 will be raffled.

3.2 The prizes will be sent by Shoepassion via freight, parcel service, or mail to the address provided in the participation form. Delivery is free within the Federal Republic of Germany. Any additional transportation costs and customs duties are to be borne by the winner. Prizes in digital form will be transmitted via email.

3.3 The item presented as a prize in the context of the competition is not necessarily identical to the item drawn. Rather, there may be differences in terms of model, color, etc. Shoepassion may choose an item of medium quality and type that is equivalent to the item presented as a prize.

3.4 Shoepassion reserves the right to make additional prize distributions in order to incentivize participants.

3.5 Cash payment of the products or any potential product replacement is not possible. The right to the prize is not transferable.

4 Data Protection/Consent for the Use of Personal Data

4.2 By participating in the "Shoepassion x mraquerra" competition, the participant agrees that Shoepassion will use their personal data to conduct the competition.

4.3 I consent to Shoepassion GmbH storing and processing my above-mentioned personal data for the purpose of participating in the competition.

I can revoke my consent at any time with effect for the future by contacting Shoepassion GmbH or by sending an email to gewinnspiel@shoepassion.com. No additional fees (beyond regular transmission fees) will be charged. Without my consent, it is not possible to participate in the competition.

4.4 In the event of a non-cash prize, the participant's data will be passed on to the shipping company responsible for delivery, if necessary for the delivery of the prize to the participant. The personal data will not be transmitted to any other third parties or used for any other advertising purposes without the participant's consent, unless we are legally obligated to disclose data or involve third parties bound by professional secrecy to enforce our claims.

4.5 The legal basis for this data processing is Art. 6 para. 1 lit. b GDPR (which allows the processing of data for the performance of a contract or pre-contractual measures), Art. 6 para. 1 lit. f GDPR (which allows the processing of data to protect the legitimate interests of the data controller) and Art. 6 para. 1 lit. a GDPR (which allows data processing based on your consent).

4.6 As a data subject, the participant has the right to information about the processed personal data (Art. 15 para. 1 and 2 GDPR) as well as the rights to deletion (Art. 17 GDPR) and correction (Art. 16 sentence 1 GDPR) of incorrect data and to blocking (Art. 18 GDPR), data portability (Art. 20 GDPR), as well as a right to lodge a complaint with the competent supervisory authority in the event of data breaches on our part. The contact details for exercising these rights, as well as the contact details of our data protection officer and further details regarding the processing and use of personal data, can be found in our privacy policy at https://www.shoepassion.com/privacy.

4.6.1 Further details regarding the processing and use of your personal data when using the social networks "Facebook" and "Instagram" can be found in the privacy policies of Facebook, currently available at https://www.facebook.com/about/privacy/, or the privacy policies of Instagram, currently available at: https://help.instagram.com/519522125107875.

5 Limitation of Liability

5.1 All information provided by Shoepassion is without guarantee.

5.2 If the winner makes any claims related to the received product, these claims must be directed directly to the manufacturer/retailer, supplier, travel organizer or other service provider, to the extent legally permissible. If any such claims arise at Shoepassion, they will be assigned to the respective winners.

5.3 Shoepassion is liable for damages - regardless of the legal basis - only in cases of intent and gross negligence on the part of Shoepassion, its legal representatives or vicarious agents, as well as in cases of culpable breach of material contractual obligations. Material contractual obligations are those that enable the execution of this product test in the first place and on which the participant was entitled and relied on. In cases of only slight negligence in the breach of material contractual obligations, liability is limited to the replacement of the contract-typical damages that were foreseeable at the time of using the promotional page. This limitation of liability does not apply to damages caused by Shoepassion, its legal representatives or vicarious agents through the culpable violation of life, body or health, as well as for liability under the Product Liability Act.

5.4 The above limitation of liability applies in particular to damages caused by errors, delays or interruptions in the transmission of data or similar, disruptions of technical systems or services, incorrect content, loss or deletion of data, viruses.

6 Miscellaneous

6.1 The law of the Federal Republic of Germany shall apply.

6.2 If any of these provisions are or become invalid, the validity of the remaining terms and conditions shall not be affected.

6.3 Shoepassion reserves the right to change or correct the terms and conditions at any time within the legally permissible framework.

6.4 Shoepassion reserves the right to cancel the competition at any time without prior notice in the event of a significant reason (e.g. viruses in the computer system, manipulation or errors in the application).

6.5 The legal recourse is excluded.

As of: 19.05.2022