Giveaway Terms and Conditions


Instagram MARCEL OSTERTAG Giveaway Terms and Conditions

Subject of the Terms and Conditions and Organiser

  1. The organiser of the giveaway is MARCEL OSTERTAG, Paradeistraße 2, 91781 Weißenburg i. Bayern
  2. anyone who, in accordance with these terms and conditions, qualifies among all participants for the prizes is entitled to take part in the giveaway
  3. by taking part in the respective giveaway, these terms and conditions are accepted
  4. the giveaway is in no way connected to Instagram or Facebook; it is neither sponsored, endorsed nor organised by Instagram or Facebook


Duration & Course of the Giveaway

The giveaway runs for the specified period. Following the draw, the winners will be contacted by Instagram direct message. Only the stated prizes will be raffled. There is no right of return, no right to a cash payout, and no right to change the date. By taking part in the giveaway, the participant agrees to follow the giveaway's guidelines.


Participation

To take part in the giveaway, the participant must

  1. follow the organiser's Instagram profile http://www.instagram.com/marcelostertag
  2. like the giveaway post ("Like")
  3. leave a comment

Only one submitted entry per participant will take part in the giveaway. It is strictly prohibited to use multiple email addresses or multiple Instagram profiles to increase the chances of winning.

Participation in the giveaway is voluntary and free of charge.


Eligibility to Participate

Real individuals who have reached the age of 18 are eligible to participate. Participation is not restricted to customers of the organiser and does not depend on the purchase of goods or services. If a participant has limited legal capacity, the consent of their legal representative is required.

Not eligible to participate in the giveaway are all persons involved in the conception and implementation of the giveaway, as well as employees of the operator and their family members.

The operator also reserves the right, at its own discretion, to exclude persons from participation where there are legitimate reasons to do so, for example (a) in the event of manipulation in connection with access to or the conduct of the giveaway, (b) in the event of violations of these terms and conditions, (c) in the event of abusive behaviour, or (d) in the event of false or misleading information provided in connection with participation in the giveaway.

Prize, Notification and Delivery of the Prize

The winners are determined after the end of the respective sub-period by means of a random draw among all participants. If the giveaway is linked to a task, only those participants who have correctly completed the task will be included in the draw.

The winners of the draw will always be contacted by Instagram direct message on the Friday following the end of the respective sub-period.

The right to the prize is non-transferable. The prize will be handed over exclusively to the winner.

An exchange or any substitute prize, as well as a (cash) payout of the prizes, is not possible.

Any costs incurred for shipping the prizes will be borne by the operator.

Any additional costs associated with claiming the prize shall be borne by the winner.

The winner is solely responsible for any taxation of the prize.

If the winner does not respond after being asked twice within a period of 3 weeks, the prize may be transferred to another participant.


Termination of the Giveaway

The organiser expressly reserves the right to end the giveaway without prior notice and without giving reasons. This applies in particular to any reasons that would disrupt or prevent the giveaway from proceeding as planned.

Data Protection

  1. A prerequisite for participation in the giveaway is that you like & comment on the respective giveaway post on our Instagram business page in accordance with these terms and conditions. We use your post to determine the winners. We use your Instagram account name to associate your post with you and, in the event that you win, to contact you (prize notification) via a direct message. In the event that you win, you must also provide us with your first name, last name and postal address. We use your name together with your postal address to send you your prize by post. We also use your name to be able to provide you with personal and appropriate support.
  2. By taking part in the MARCEL OSTERTAG giveaway, you agree that we may process and use your personal data to carry out the giveaway.
  3. By commenting on and liking the post, you consent to MARCEL OSTERTAG storing and processing, for the purpose of participation in the giveaway, your post and your Instagram account name through which you took part in the giveaway, as well as – in the event that you win – your first and last name and your postal address.
    Your consent also includes your agreement to being contacted, in the event that you win, by means of a personal Instagram message (direct message) sent to your Instagram account through which you took part in the giveaway.
    You further agree that MARCEL OSTERTAG's Instagram business page at http://www.instagram.com/marcelostertag may link to your Instagram account through which you took part in the giveaway. This will make it apparent to all visitors of the Instagram business page and of your Instagram account that you took part in the MARCEL OSTERTAG giveaway. Furthermore, your respective account name and – depending on the privacy settings of your account – further information will be visible to third parties.
    You further agree that the post you provided – naming your Instagram account name and, depending on the privacy settings of your Instagram account through which you are participating in the giveaway, potentially further information about you – may be published on MARCEL OSTERTAG's Instagram business page at http://www.instagram.com/marcelostertag also for advertising and PR purposes.
  4. You may revoke your declaration of consent at any time with effect for the future by contacting MARCEL OSTERTAG, keyword: "MARCEL OSTERTAG Giveaway", Paradeistraße 2, 91781 Weißenburg i. Bayern, or by email to info@marcelostertag.com. (Further) participation in the giveaway will not be possible if consent is not given or is revoked.
  5. The legal bases for this data processing are Art. 6(1)(b) GDPR (which permits the processing of data for the performance of a contract or pre-contractual measures), Art. 6(1)(f) GDPR (which permits the processing of data to safeguard the legitimate interests of the data controller), and Art. 6(1)(a) GDPR (which permits data processing on the basis of your consent).
  6. As a data subject, you have the right to information about your processed personal data (Art. 15(1) and (2) GDPR), as well as the rights to erasure (Art. 17 GDPR) and rectification (Art. 16 sentence 1 GDPR), e.g. of incorrect data, and to restriction of processing (Art. 18 GDPR), to data portability (Art. 20 GDPR), as well as a right to lodge a complaint with the competent supervisory authority in the event of any data protection infringement on our part. The contact details for exercising these rights can be found in our privacy policy at https://marcelostertag.com/policies/privacy-policy


Limitation of Liability

  1. All information provided by MARCEL OSTERTAG, in particular in connection with the publication of winners' names, etc., is provided without guarantee.
  2. MARCEL OSTERTAG is not liable for the availability of the Instagram online community.
  3. MARCEL OSTERTAG is liable for damages – irrespective of the legal grounds – only in cases of intent and gross negligence on the part of MARCEL OSTERTAG, its legal representatives or vicarious agents, as well as in the event of culpable breach of material contractual obligations. Material contractual obligations are those that make it possible for the giveaway to be carried out in the first place and on the observance of which the participant was entitled to rely and did rely. In the event of a merely slightly negligent breach of material contractual obligations, liability is limited to compensation for the type of damage typical for the contract that was foreseeable at the time the website was used. This limitation of liability does not apply to damage culpably caused by MARCEL OSTERTAG, its legal representatives or vicarious agents arising from injury to life, body or health, or to liability under the Product Liability Act.
  4. The above limitation of liability applies in particular to damage caused by errors, delays or interruptions in the transmission of data or similar, malfunctions of the technical systems or the service, incorrect content, loss or deletion of data, or viruses.


Miscellaneous

  1. The law of the Federal Republic of Germany applies.
  2. Should individual provisions of these terms be or become invalid, the validity of the remaining terms and conditions shall remain unaffected.
  3. MARCEL OSTERTAG may change, suspend or terminate the giveaway at any time insofar as this is necessary due to circumstances beyond MARCEL OSTERTAG's control, or if this is the only way to ensure the giveaway is carried out properly.
  4. Recourse to legal action is excluded.


Severability Clause

Should any provision of these terms and conditions be or become invalid, in whole or in part, the validity of the remaining terms and conditions shall not be affected. In place of the invalid provision, the legally permissible provision that comes economically closest to the meaning and purpose expressed in the invalid provision shall apply. The same applies in the event of a gap in these terms and conditions.


The MARCEL OSTERTAG team wishes you the best of luck and success

01.06.2025, Berlin