Conditions of participation for the ‘Prize Raffle’ competition on Instagram
1. The competition is being run by NEW YORKER Marketing & Media International GmbH, Hansestraße 48, 38112 Braunschweig, Germany (hereinafter: “the promoter”).
2. In order to be eligible to enter, all entrants must be aged at least 16 at the time of entering. Minors which are aged at least 16 but under the age of 18 as far as further persons with limited legal capacity are only allowed to participate in the competition with prior consent of their legal representatives. The promoter reserves the right to verify the eligibility of each entrant. In particular, the promoter may ask the entrants to confirm their age and identity by presenting a valid identity card. If a deviating legal regulation of legal capacity should exist in a participating country, the entrant declares with his entering to meet the legal requirements of the legal capacity of the country in which the entrant at the time of submission of the comment is domiciled. Each entrant may enter only once. In the event of anyone commenting more than once, only the last comment will be regarded. Any and all further comments under the same name will be disregarded. Legal representatives and employees of the promoter, plus their dependants and any other third parties connected with this promotion are barred from entry.
3. Entry is free. Neither eligibility for entry nor having a chance of winning is dependent on purchasing any product.
4. The competition begins on 16.02.2022 at 16:00 pm and runs until 20.02.2022 at 11.59 pm. The final date for entries for participation in the competition shall be 20.02.2022 at 11.59 pm.
5. In order to take part in the competition, entrants must accept the conditions of participation.
6. An individual takes part in the competition by telling us in the comments under the competition post who has to discover our new spring collection. In addition, the participant must be a follower of the Instagram account @newyorkeronline as well as @newyorkerman and must like the post.
7. A total of three winners will be determined by NEW YORKER among all entrants, each of whom will receive one gift voucher for NEW YORKER in the value of 100 Euro.
8. The winners will be notified by the promoter via direct message on Instagram not later than two weeks after the submission deadline 20.02.2022.
9. The winners must formally accept the prize and provide their full names and addresses within 24 hours of notification of the win being sent by sending an e-mail to email@example.com. If the notification of a win cannot be delivered with the first e-mail we send, the potential winner shall lose all rights to the prize and another winner shall be drawn. Any prize that is not formally accepted will not be given out. A precondition for a winner under 18 years of age actually taking up the prize shall be the written declaration of consent to this being given to the promoter by the winner’s parents.
10. The prize will be sent by the promoter by parcel service or mail to the address provided by the winner. The promoter will bear the costs of any postage incurred. The place of performance shall remain the registered office of the promoter, despite the fact that the promoter shall bear the shipping costs.
11. There shall be no cash alternative to the prize. The winner shall have no entitlement to have the prize paid out in material goods or to any swap of the prize for any substitute. The winners’ prize shall not be transferable to any other person.
12. The promoter reserves the right to alter, discontinue or interrupt the competition and draw in whole or in part without prior notification if unforeseen circumstances arise. Such circumstances shall particularly include but not be limited to the occurrence of a computer virus, a programme error, unauthorised intervention by third parties and mechanical or technical problems that are beyond the promoter’s control and ability to influence.
13. If an entrant breaches any of these conditions of participation or provides false details, the promoter shall be entitled to bar said entrant from participation without having to give any reasons for this.
14. The promoter is liable to the entrant according to the legal regulations in case of intent and gross negligence as well as in case of damages resulting from injury to life, body or health. In addition, the promoter is liable for damages covered by liability under mandatory statutory provisions, such as the German Product Liability Act, as well as in the case of the assumption of guarantees.
In all other cases, the promoter shall only be liable for slight negligence if the promoter, its legal representatives, executive employees or other vicarious agents violate an essential contractual obligation (cardinal obligation). A cardinal obligation in this sense is an obligation the fulfillment of which makes the achievement of the contractual objective possible in the first place and on the fulfillment of which the contractual partner thus relies. In this case, the organizer is not liable for lack of business success, lost profits and indirect damages. In case of slight negligence, the liability is limited to the typical and foreseeable damage.
15. By participating, each entrant assures that he or she is the author of the submitted comment, and in particular, that it does not infringe any protected intellectual works of third parties. Should the entrant make incorrect assurances with regard to the copyright/right of use, which cause damage to the promoter, the entrant shall be liable for damages to the promoter. If persons other than the entrant have been involved in the creation of the comment, uploading is only permitted if the consent of the third party has been obtained beforehand and no personal rights of the third party/parties are infringed. In this regard, the entrant indemnifies the promoter against all claims, indemnities, compensations, costs and responsibilities (including the costs of legal action) that may arise from a breach of these conditions of participation.
16. Our data protection Information especially on competitions can be found in Section 11 Data Privacy Statement: https://www.newyorker.de/legal/privacy/.
17. Responsible for the competition is exclusively the promoter. The entrant acknowledges that the competition is in no way connected to Instagram and is in no way sponsored, supported or organized by Instagram. Further, entrant agrees not to claim Instagram and to that extent releases Instagram from any liability.
18. Should any individual provision of these conditions of participation be or become invalid, illegal or unenforceable, this shall not affect the validity of the remainder of the conditions of participation. The invalid, illegal or unenforceable provisions shall be replaced by rulings, the effects of which come as close as possible to the business objective. The entrant may not transfer any and all rights arising from the legal relationship on which these conditions of participation are based to any third party.
19. The law of the Federal Republic of Germany shall apply. The choice of law does not affect the validity of the mandatory consumer protection regulations of the entrant’s home country. The judges’ decision is final and no correspondence will be entered into.