Terms and Conditions: Flaxta Instagram Contest, February 2020
This promotion is organized by Flaxta. This Promotion is free of charge and is only subject to the present Terms & Conditions and to all applicable laws and regulations.
By entering and participating in this Promotion, participants agree to be bound by these Terms & Conditions and represent that they satisfy all of the eligibility requirements below. If participants do not agree to these Terms & Conditions, they may not participate in the promotion.
- 1 ELIGIBILITY
1.1 Participants acknowledge that they are 18 years of age (or over the age of majority for their jurisdiction, but at least over 16 years) or older at the time of participation, they have read and agreed to these Terms & Conditions.
1.2 Please note that Flaxta is not liable in case participants are not legally allowed to take part in the Promotion due to national or local laws.
- 2 PROMOTION PERIOD
This Promotion starts on January 23, 2020 and ends on February 14, 2020, 23:59 CET. Entries received thereafter will not be considered.
- 3 RULES OF THE CONTEST AND OF PARTICIPATION
3.1 The participation in the Promotion is only possible on Instagram, therefore an Instagram account is required. The Promotion is not linked to Instagram and is not sponsored, endorsed or administered by or associated in any way to Instagram or Facebook. The use of Instagram and Facebook is subject to Instagram´s and Facebook’s terms and conditions. Flaxta disclaims any liability should participants fail to comply with Instagram´s or Facebook’s terms and conditions.
3.2 In order to participate in the Promotion, participants first need to like the post. Furthermore, participants need to follow @flaxta and hen tag a friend to share the prize with. Participants can enter as many times as they like. Other comments are allowed but will not endorse a valid entry. Only by following the described procedure, Participants will be eligible to enter the competitive phase of the Promotion.
3.3 Flaxta takes no responsibility for the actions of the participants in the giveaway process. Especially if other accounts get mentioned (tagged), Flaxta takes no responsibility for the compliance of third parties. No comments or opinions whose content is considered inappropriate, offensive, insulting or discriminatory, or that could violate the rights of third parties, will be allowed. If it becomes evident that any of the participants have not met the requirements of these terms and conditions, or that the data provided for participation is not valid, the participation is considered null and void and the participant will automatically be excluded from the Promotion, losing all rights to the prize(s) on offer in the Promotion. Flaxta reserves the right to determine an alternate winner based on a second selection by chance.
- 4 THE SELECTION PROCESS
4.1 The winner will be selected by chance from the pool of all correct entries on February 14, 2020.
4.2 The winner will be informed on Instagram via DM (“Direct Message”) within the next two weeks. Participants need to make sure that their Instagram is open to the public. Any information required for Flaxta to conduct this Promotion (e.g. delivery address of winner) shall be also provided via direct message on Instagram.
4.3 If participants are drawn as winners, Flaxta will send a private message to the winners. Winners should answer by sending Flaxta his/her full name, e-mail address, phone number and the shipping address he/she wishes the prize to be delivered to. The contact details that he/she provides will be only used to notify the Participant and deliver the prizes, so please make sure they are correct.
4.4 Flaxta undertakes to use reasonable efforts to maintain adequate hardware and software service for the Promotion and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; prize notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter the Promotion, whether the entry is lost, not submitted, wrongly processed or does not win.
- 5 THE PRIZES
5.1 There are one prize to win. The prize of the Promotion is two helmets and two pair of goggles.
5.2 All prizes will be delivered either via postal service to the respective shipping address Flaxta receives from the winners of the Promotion. The delivery costs for the prizes will be borne by Flaxta.
5.3 Flaxta reserves the right to replace any or all prizes with prizes of a similar value.
5.5 No cash alternatives will be provided, and prizes are not exchangeable, non-transferable and non-refundable.
5.6 In case the winner does not claim his/her prize by February 28, 2020 23:59 CET, he/she will have forfeited the prize and Flaxta reserves the right to determine an alternate winner based on a second selection by chance.
5.7 The Promotion will be run at Flaxta’s sole discretion. Flaxta’s decision in relation to all matters in connection with the Promotion is final, and no correspondence will be entered into.
5.8. The recourse of the courts is excluded.
- 6 COLLECTION OF INFORMATION & DATA PROTECTION
6.1 Flaxta („Controller“) hereby provides notice that all personal data mentioned under § 3 and 4 of these Terms and Conditions will be collected and processed by Flaxta solely for the purpose of organizing and conducting the Promotion (e.g. to contact the winner, deliver the prize).
6.2 The personal data might also be transmitted to third parties involved in the performance of our contract (e.g. carrier for delivery of mail) inside and outside of the EU/EEA for the purposes mentioned above in accordance with applicable data protection laws. If the personal data is processed in a country that does not have a recognized level of data protection such as the European Union, Flaxta will use contractual or other recognized means to ensure that the personal data is properly protected.
6.3 Personal data will solely be processed for the performance of the Promotion and therefore for the purpose of contractual performance. Flaxta will delete personal data of the winners after 2 years after the end of the Promotion or if applicable until the expiry of the guarantee, warranty, limitation and statutory retention periods valid for Flaxta and/or beyond this until the ending of any legal disputes in which the data are required as evidence.
6.4 Participants have the right to information over their personal data stored, deletion and correction of the data saved concerning that person, withdraw their consent to processing of their personal data, if any such consent was given and data portability. Participants also have the right to object to the processing of their personal data. To exercise any of those rights participants may send an inquiry to email@example.com indicating which right they are referring to. To ensure that personal data is not shared with any unauthorized third party, please enclose with the request details that allow us to clearly identify inquirer as an individual. Furthermore, participants have the right to lodge a complaint with the competent supervisory authority.
- 7 LIABILITY AND WARRANTY
7.1. Participants are herewith informed that for the prizes (goggles) the same warranty and operational provisions will be applicable as for products sold by retailers. However, Flaxta shall not be liable for anything additionally.
7.2. Due to the technical particularities and properties of the Internet or World Wide Web, it is not possible to exclude technical glitches altogether. Flaxta assumes no liability and guarantee for permanent availability and/or trouble-free function of Instagram or Facebook. In particular, this implies that no legal liability is assumed for any damage that might ensue from technical malfunctioning in connection with the accessibility and availability of Instagram or Facebook. Flaxta assumes no legal liability for indirect or consequential damages, nor for profit or data lost, for whatever reason. In the case, that in spite of the regulations stated above, it should happen that Flaxta is legally liable, his liability is in any case restricted to damages resulting from willful or culpable negligence. Liability for damage resulting from non-culpable negligence is excluded in any case.
- 8. PLACE OF JURISDICTION AND APPLICABLE LAW
8.1 These Terms and Conditions are exclusively subject to the laws of the Republic of Austria, provided this does not contravene any compulsory legislation.
8.2 Any legal issues that arise in connection with the performance of and participation in this Promotion will exclusively be dealt with by the relevant courts in the place of jurisdiction of the Flaxta headquarters, provided this does not contravene any compulsory legislation. Flaxta may however also elect to apply to the courts of the residence of Participant.
8.3 If any clauses of these Terms and Conditions should prove wholly or partially invalid, the validity of the remaining clauses will not be affected.
For further questions, please contact us at firstname.lastname@example.org