1. Subject of the conditions of participation and organisers
(1) These conditions of participation govern the conditions for participation in the prize game and any transfer of rights that may be required. The description and the procedure for the respective prize game can be found within the framework of the prize game promotion on the Instagram page of KARE Deutschland.
(2) The organisers of the prize game are KARE Online GmbH, Zeppelinstraße 16, 85748 Garching.
(3) On participating in the respective prize game, these conditions of participation are accepted.
(4) The prize game has no connection to Facebook and is neither sponsored, supported nor organized by Facebook.
(1) Anyone over the age of 18 who resides in Germany is eligible to enter the prize game.
(2) Eligible participants can enter the prize game by uploading a photo or screenshot from the "KARE Room Designer App" view. This image should show a KARE object that is projected into the image using the app. In addition participants should insert the hashtags #myKAREstyle and #wedecoratetheworld into the caption of this image.
(3) KARE employees are excluded from participation in the prize game.
(3) Participation is possible until 15.07.2018.
3. Prizes and notification of winners
(1) Among all eligible participants there will be a draw with, as the prize, the KARE PRODUCT to be seen on the participation photo. If there are several products on display, the winner may choose one of them. If the product is not available at the time, the winner may choose an alternative KARE product.
(2) The winners will be drawn from all eligible participants within one week of the closing date. We will select 20 posts which then will be provided the Instagram users for voting on Instagram stories. The picture that is rated best, measured by an Instagram tool, wins. The winners will be notified in a separate post and by personal message, and asked to send an email to an email address provided there in which their personal data is properly and truthfully transmitted in full. This information will be used to send the prize as well as a subsequent letter with reference to the winning experience.
(3) If we do not receive an email from a winner within four weeks, the claim to a prize will expire. In this case we will be entitled to carry out a replacement draw and to name new winners.
(3) Only one prize per participant is possible.
(4) The prize is neither transferable nor can it be exchanged or paid out.
(5) If circumstances arise for which we are not responsible and the delivery of the prize through KARE is not possible, the respective winner will accept an appropriate replacement prize.
(6) The prizes will be sent to the winner by post to the address provided. The risk passes to the winner when the prize is handed over to a transport operator. We will not be responsible for delivery damage.
4. Granting of rights of use
(1) Participants guarantee that they own all rights to the uploaded or linked photos. If a participant is not the sole author or holder of the rights, he or she expressly declares that he/she has the rights necessary for participation in the prize game.
(2) Participants grant us the following simple, temporally and spatially unlimited but not exclusive rights of use to the photos provided by them:
(3) When using the image, we will identify the copyright holder in an appropriate manner. The registered name of the participant will be saved for this purpose.
(4) By accepting their prize the winners agree that we may use their name for advertising purposes. They also agree to provide us with the personal data necessary to send the prize. The data is then deleted.
5. Obligations of participants:
1. Participants warrant that that they will not send or upload any content that violates applicable law, infringes the rights of third parties or is otherwise inadmissible.
2. The following content in particular is inadmissible,
- content for which the participant does not have the required user rights,
- content which violates the rights of other persons to privacy or other personality rights, in particular their right to their own image,
- content with pornographic, obscene or abusive images,
- content which is slanderous, defamatory or contains false claims,
- content which infringes copyrights, ancillary copyrights, trademark rights or other rights of others and/or may be prosecuted.
3. Participants are under an obligation,
- to ensure before uploading any content that its use is legally admissible,
- to inform KARE without delay if they find that they have uploaded or distributed legally inadmissible content.
4. Participants also undertake not to,
- upload content which pursues commercial interests,
- make an attempt to obtain authorised access to the data of third parties.
5. KARE reserves the right to exclude the participant from the prize game in the event of gross or repeated breaches of obligations by the participant. If the excluded participant is a winner who has already been drawn, the prize may be subsequently withdrawn.
6. Participants indemnify KARE against all justified claims on the part of third parties resulting from any violation of their obligations. This duty of indemnification also includes in particular the obligation to indemnify KARE completely from legal defence costs (e.g. court and lawyer's costs).
6. Premature termination and changes
We reserve the right to terminate the prize game in whole or in part prematurely or to change its implementation at any time, even without observing any period of notice, if it is not possible for technical reasons (e.g. computer virus, manipulation of or errors in software/hardware) or legal reasons (e.g. prohibition by Facebook) to guarantee a proper execution of the prize game.
7. Data protection
We are responsible for the collection, processing and use of personal data of participants, provided that we process it ourselves. We will only use the personal data of the participant and other personal information in compliance with the provisions of data protection law. We will only store, process and use the information insofar as this is necessary for the execution of the prize game or with the participant's consent. This also includes use of the data in order to exercise the rights of use which are granted. The data will only be used to carry out the prize game and will then be deleted.
The participant can request information about his or her personal data stored at any time. In all other respects, our data protection declaration, which can be accessed at XXXX, applies accordingly.
8. Final clauses
(1) If these conditions of participation contain invalid provisions, the validity of the remaining provisions will remain unaffected.
(2) German law will apply. No legal recourse will be possible to review the draw.