Conditions of participation Instagram competition (English version below)

1. Scope of application

These conditions of participation apply to all competitions organized by the company Maschenfein GmbH, represented by the managing director Dr. Marisa Nöldeke, Nostitzstr. 23, 10961 Berlin, Germany
(hereinafter referred to as the "Organizer"). By participating, each participant accepts these conditions of participation. This competition is in no way connected to Instagram. It is in no way sponsored, supported or organized by Instagram and does not establish any legal claims against Instagram. All information in the context of this competition is provided exclusively by the organizer.

2. Participation

2.1 Any natural person of at least 18 years of age is eligible to participate in their own name. Participants who have already reached the age of sixteen but are not yet of legal age may only take part in the competition with the consent of their legal guardian.
2.2 Minors under the age of 16 and legally incompetent persons are excluded from participation.
2.3 The organizer reserves the right to exclude persons from participation who violate these conditions of participation or who seek to gain or obtain an advantage over other participants by unduly influencing or manipulating the competition. In such cases, the organizer may also subsequently exclude participants from the competition, disallow prizes and reclaim them.
2.4 Participation is only possible within the period specified in the competition description. Each participant may only take part once in an identical competition.
2.5 Employees of the competition organizer, as well as employees of the companies involved in this competition and their direct relatives, are excluded from participation in the competition.
2.6 Persons resident in Germany or the countries of the European Union (EU) are eligible to participate.

3. Implementation of the competition

3.1 The prerequisite for participation in the competition is compliance with the steps and requirements described in the competition.
3.2 The participant must follow the organizer.
3.3 The competition will be held during the specified period. All participants in the competition who meet the requirements set out in sections 2 and 3 by the respective time of the draw will be considered. Immediately after the end of the participation period, the winner will be drawn at random from among the participants.
3.4 A change or cash payment of the prize is excluded. The prize is non-transferable.

4. Profit processing

4.1 The winner will be notified by the Organizer by email or electronically (via Instagram Direct Message). With regard to the prize, each participant notified in this way is obliged to inform the organizer within one week of the notification being sent whether they accept the prize. If the organizer does not receive a corresponding message within this period, the possibility of accepting the prize expires and the organizer reserves the right to determine another participant and notify them accordingly.
4.2 If the contact details provided by the participant are incorrect (e.g. e-mail address), the organizer is not obliged to determine the correct data. Any disadvantages resulting from the provision of incorrect contact details (e.g. incorrect e-mail address) shall be borne by the participant.

5. Liability for defects

The organizer shall only be liable for damages incurred by the winner due to material defects and/or defects of title in the event of malice, intent or gross negligence. Otherwise, liability for material defects and/or defects of title is excluded.

6. Premature termination, adjustment or modification of the competition

The organizer is entitled to terminate, adapt or modify the competition prematurely at any time without prior notice and without giving reasons if the proper execution of the competition cannot be guaranteed without appropriate measures for technical or legal reasons.

7. Privacy

7.1 The organizer uses the data received from the participants as part of their participation in the competition to carry out and process the competition. You can object to the storage and use of your data for this purpose at any time by sending a message to the contact option described below.
7.2 The organizer reserves the right to publish the name of the winner on a competition page, provided the winner has not objected to this.
7.3 Upon written request to the organizer, the participant will be informed of the personal data stored about him/her and has the opportunity to correct this data.

8. Intellectual property/ rights of use/ indemnification agreement

8.1 The participant assures that all images published by him/her do not infringe the rights of third parties and that the participant alone is entitled to dispose of the rights to the published images without restriction and free from the rights of third parties. Furthermore, the participant declares that he/she has not made or will not make any disposition of the rights contrary to these Terms of Use.
8.2 With regard to the published images, the participant grants the organizer a simple right of use, unlimited in time and place, for all types of use for publication on the Instagram page, the Facebook page and this website. Furthermore, the organizer is granted the right to grant simple sublicenses. Furthermore, the organizer is granted the right to edit the images submitted by the participant, which entitles the organizer to edit and/or rearrange the template using analog, digital or other editing options while respecting copyright.
8.3 If the participant infringes the copyrights, industrial property rights, labeling rights or other property rights of a third party, the participant undertakes to indemnify the organizer in full against all justified claims of the third party arising from the infringement. The participant is also obliged to bear the costs of the necessary legal defense, including all court and legal fees; this does not apply if the participant is not responsible for the infringement.

9. Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

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Conditions of participation Instagram competition

1. scope of application

These conditions of participation apply to all competitions organized by the company Maschenfein GmbH, represented by the managing director Dr Marisa Nöldeke, Nostitzstr. 23, 10961 Berlin (hereinafter referred to as the "organizer"). By participating, each participant accepts these terms and conditions. This competition is in no way associated with Instagram. It is in no way sponsored, supported or organized by Instagram and does not give rise to any legal claims against Instagram. All information in this competition is provided solely by the Promoter.

2. participation

2.1 Any natural person in their own name who is at least 18 years of age is eligible to enter. Participants who have already reached the age of sixteen but are not yet of legal age may only enter the competition with the consent of their legal guardian.
2.2 Minors under the age of 16 and persons incapable of contracting are excluded from participation.
2.3 The Promoter reserves the right to exclude from participation any person who breaches these Terms and Conditions or who obtains or intends to obtain an advantage over other participants by improperly influencing or manipulating the competition. In such cases, the organizer may also subsequently exclude participants from the competition, withdraw prizes and reclaim them.
2.4 Participation is only possible within the time limit stated in the competition description. Each participant may only take part once in an identical competition.
2.5 Employees of the competition organizer, as well as employees of the companies participating in this competition and their direct relatives, are excluded from participating in the competition.
2.6 Persons residing in Germany or in other countries of the European Union are eligible to participate.

3 Conduct of the competition
3.1 To be eligible to participate in the competition, participants must comply with the steps and requirements described in the competition.
3.2 The participant must follow the organizer's pattern.
3.3 The competition will be held during the specified period. All participants in the prize draw who fulfill the requirements set out in sections 2 and 3 by the respective time of the draw will be taken into account. Immediately after the end of the participation period, the winner will be drawn at random from among the participants.
3.4 A change or cash payment of the prize is excluded. The prize is not transferable.

4 Winning procedure
4.1 The winner will be notified by the Promoter by email or electronically (via Instagram Direct Message). With regard to the prize, each participant notified in this way is obliged to inform the Promoter within one week of the notification being sent whether they accept the prize. If the Promoter does not receive a message to this effect within this period, the option to accept the prize will lapse and the Promoter reserves the right to identify and notify another entrant accordingly.
4.2 If the contact details provided by the entrant are incorrect (e.g. email address), the Promoter is not obliged to ascertain the correct details. Any disadvantages resulting from the provision of incorrect contact details (e.g. incorrect e-mail address) shall be borne by the participant.

5 Liability for defects
The organizer shall only be liable for damages incurred by the winner due to material defects and/or defects of title in the event of malice, intent or gross negligence. Otherwise, liability for material defects and/or defects of title is excluded.

6. premature termination, adjustment or modification of the competition

The organizer is entitled to prematurely terminate, adapt or amend the competition at any time without prior notice and without stating reasons if the proper implementation of the competition cannot be guaranteed for technical or legal reasons without taking appropriate measures.

7. data protection

7.1 The organizer uses the data of the participants received in the course of participation in the competition for the purpose of carrying out and processing the competition. You can object to the storage and use of your data for this purpose at any time by sending a message to the contact option described below.
7.2 The Promoter reserves the right to publish the name of the winner on a competition page unless the winner has objected to this.
7.3 Upon textual request to the Promoter, the entrant will be informed of the personal data stored about him/her and will have the opportunity to correct this data.

8 Intellectual property/ rights of use/ indemnity agreement
8.1 The participant assures that all images published by him/her do not infringe the rights of third parties and that the participant alone is entitled to dispose of the rights to the published images without restriction and free of the rights of third parties. Furthermore, the participant declares that he/she has not made or will not make any disposal of the rights contrary to these terms of use.
8.2 The Participant grants the Organizer a non-exclusive right of use, unlimited in time and place, in respect of all types of use for publication on both the Instagram page, the Facebook page and this website in respect of the published images. Furthermore, the organizer is granted the right to grant simple sub-licenses. Furthermore, the Organizer is granted a right to edit the images submitted by the Participant, which entitles the Organizer to edit and/or rearrange the submission using analogue, digital or other editing options while respecting the copyright.
8.3 If the participant infringes the copyrights, industrial property rights, labeling rights or other property rights of a third party, the participant undertakes to indemnify the organizer in full against all justified claims of the third party arising from the infringement. The participant shall also be obliged to bear the costs of the necessary legal defense, including all court costs and lawyers' fees; this shall not apply if the participant is not responsible for the infringement.

9 Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.