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Conditions of participation “Giveaway”

The organizer of this competition is Worst Behavior GmbH, Carl-Benz-Str. 17, 89597 Munderkingen, crew@worst-behavior.com (hereinafter referred to as “organizer”). The competition will be held on Instagram. Instagram is an online service provided by Instagram Inc., 181 South Park Street, Suite 2, San Francisco, CA 94107 United States of America (“Instagram”). Instagram’s data protection and terms of use apply.

The competition is not affiliated with Instagram and is in no way sponsored, supported or organized by Instagram. Instagram is excluded from any liability. The recipient of the information provided by the participant is not Instagram, but Worst Behavior.

By participating in this competition, participants accept the following conditions of participation:

§ 1 Eligibility to participate

Natural persons worldwide who have reached the age of 18 at the time of participation are eligible to participate.

Not allowed to participate:

• Authorized as well as freelance and permanent employees of Worst Behavior GmbH and their relatives in accordance with Section 15 AO as well as household members of the persons mentioned.

• Authorized representatives as well as freelance and permanent employees of companies and agencies who are responsible for planning, organizing and running the competition.

• Participation via and through third parties, e.g. B. competition agencies, as well as participation with the help of other automatically generated mass mailings or automatic services is excluded.

§ 2 Participation and implementation of the competition

1. Participation is possible in the period from November 2nd, 2019 to November 3rd, 2019.

2. Participation in the competition is free of charge. The participant only has to pay the internet connection fees to the competition website.

3.Participation is possible regardless of purchasing a product/using a service.

4. There is no entitlement to participate in or access the competition.

5. Participants must have a valid Instagram account to take part in the competition. In the event of a dispute regarding registration, the authorized account holder of the Instagram profile used for registration will be deemed to be the participant. The potential winner may be required to provide proof of being the authorized account holder.

6. Only one participation in the competition is possible per account.

7. To take part in the competition, participants must follow the organizer's Instagram channel as well as the giveaway partner, like the giveaway post, tag three people under the post and share the giveaway post in their story.

8.Three winners will be randomly drawn from among all participants who meet the requirements of these terms and conditions. The winner will win a surprise box from TonArt and an Advent calendar from Amorelie. The organizer reserves the right to replace individual prizes with equivalent prizes in the event of a lack of availability. The winnings are non-transferable and cannot be exchanged. A cash payment or claim for compensation is not possible.

9. The winners will be contacted by the organizer via Instagram and must send their contact details (last name, first name, street, house number, zip code, city, country, email address) to the organizer. If the winners do not respond within 14 days of being notified of the winner, they will forfeit their claim to the prize. The name of the winner(s) will be published on the organizer's Instagram channel. If the winner does not agree to the naming, he or she can object at any time by sending an email to crew@worst-behavior.com.

§ 3 Exclusion from participation in the competition

If these conditions of participation are violated, the organizer reserves the right to exclude the participant from the competition; if necessary, the winnings can also be subsequently withdrawn and/or reclaimed. If the participant's behavior is viewed by the organizer as defamatory, offensive or illegal, the participant will also be excluded from the competition. The organizer reserves the right to exclude the participant from the competition without giving reasons if the content contains criminal, pornographic, racist or glorifying violence.

§ 4 Termination of the competition

The organizer reserves the right to cancel the competition at any time without prior notice for important reasons. If the campaign is canceled for an important reason, the organizer will inform the participants immediately. Cancellation for an important reason can occur in particular if proper implementation of the campaign can no longer be guaranteed for technical reasons. In these cases, the organizer assumes no liability for lost opportunities to participate.

§ 5 Data protection

1. The responsible body for the processing of personal data is TonArt GmbH, Querstrasse 25, 04103 Leipzig.

2. The participants' personal data (surname, first name, street, house number, zip code, city, country, email address) is processed for the purpose of processing the competition. The personal data is used to clearly identify the participants, to notify them of winnings and to process the event in the event of a win. Data will only be passed on to third parties (e.g. shipping service providers) if this is necessary for the processing of the competition. The data will be deleted as soon as the competition has been completed. Under no circumstances will the data be stored for longer than one year. The legal basis for data processing is Article 6 Paragraph 1 Letter f) of the General Data Protection Regulation (GDPR).

3.Rights of the data subject Persons affected by the processing of personal data have the following rights: right of providing information

(1) The data subject has the right to request confirmation from the controller as to whether personal data concerning him or her is being processed; If this is the case, you have the right to access this personal data and the following information: .

a) the processing purposes;

b) the categories of personal data processed;

c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;

d) if possible, the planned period for which the personal data will be stored or, if this is not possible, the criteria for determining that period;

e) the existence of a right to rectification or deletion of personal data concerning them or to restriction of processing by the controller or a right to object to such processing;

f) the existence of a right to lodge a complaint with a supervisory authority;

g) if the personal data are not collected from the data subject, any available information about the origin of the data;

h) the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

(2) If personal data is transferred to a third country or to an international organization, the data subject has the right to be informed of the appropriate safeguards in accordance with Article 46 GDPR in connection with the transfer.

Right to rectification

The data subject has the right to immediately request that the person responsible correct incorrect personal data concerning him or her. Taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary statement.

Right to deletion

(1) The data subject has the right to request that the controller delete personal data concerning him or her immediately, and the controller is obliged to delete personal data immediately if one of the following reasons applies:

a) The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

b) The data subject withdraws their consent on which the processing was based in accordance with Article 6 (1) lit. a) or Article 9 (2) lit. a) GDPR and there is no other legal basis for the processing.

c) The data subject objects to the processing in accordance with Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21 (2) GDPR.

d) The personal data was processed unlawfully.

e) The deletion of the personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.

f) The personal data was collected in relation to information society services offered in accordance with Article 8 (1) GDPR.

2) If the controller has made the personal data public and is obliged to delete them in accordance with paragraph 1, he shall, taking into account the available technology and the implementation costs, take appropriate measures, including technical measures, to protect those responsible for data processing who process the personal data , to inform you that a data subject has requested the deletion of all links to that personal data or copies or replications of that personal data.

(3) Paragraphs 1 and 2 do not apply if processing is necessary

a) to exercise the right to freedom of expression and information;

b) for compliance with a legal obligation requiring processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller ;

c) for reasons of public interest in the field of public health in accordance with Article 9 (2) lit. h) and i) and Article 9 (3) GDPR;

(d) for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes referred to in Article 89 (1), to the extent that the law referred to in paragraph 1 is likely to render impossible or seriously affect the achievement of the objectives of that processing, or

e) to assert, exercise or defend legal claims.

Right to restriction of processing

(1) The data subject has the right to request that the controller restrict processing if one of the following conditions is met:

a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data,

b) the processing is unlawful and the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data;

c) the controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims, or

d) the data subject has lodged an objection to the processing in accordance with Article 21 (1) GDPR as long as it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.

2) If the processing has been restricted in accordance with paragraph 1, these personal data - with the exception of their storage - may only be used with the consent of the data subject or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State.

Right to object

The data subject has the right, for reasons arising from his or her particular situation, to object at any time to the processing of personal data concerning him or her, which is carried out on the basis of Article 6 (1) lit. e) or f) GDPR; This also applies to profiling based on these provisions. The controller will no longer process the personal data unless he or she can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

Right of withdrawal

The data subject has the right to revoke their declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent before its revocation.

Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, every data subject has the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her residence, place of work or the place of the alleged infringement, if the data subject considers that the processing of the personal data relating to him or her data violates this regulation.

§ 6 Limitation of liability

1.The organizer assumes no liability for the following cases:

a) False or inaccurate information provided by participants,

b) Technical failure of any kind, in particular malfunctions, failures or interruptions of the telecommunications connection or Instagram's technical infrastructure

c) Interference by unauthorized persons in the participation process

d) late or delayed, misdirected, incomplete, lost, undeliverable, damaged or stolen entries

2.In addition, the organizer is only obliged to pay damages if the damage is due to intent or gross negligence. The organizer is liable for culpable injury to life, limb or health of a natural person, even in the event of simple negligence. In addition, the organizer is also liable for the simple negligent violation of a cardinal obligation. Cardinal obligations are those whose fulfillment enables the proper implementation of the competition and the achievement of the contractual purpose and on whose compliance a competition participant can regularly rely. Liability under the Product Liability Act remains unaffected.

§ 7 Applicable law

The competition is subject to the law of the Federal Republic of Germany.