The conditions listed below regulate participation in the “Swapex New Years Giveaway Instagram” competition. By participating, participants accept the following terms and conditions:
1. ORGANIZER
The organizer of the competition is BlechMal GmbH, Troxel 1b, 39288 Burg. The competition is not connected to Instagram and is in no way sponsored, endorsed or organized by Instagram. Instagram is just a platform on which BlechMal GmbH runs the competition. The recipient of the information provided is not Instagram, but BlechMal. All questions, comments and/or complaints about the competition are to be directed exclusively to BlechMal GmbH.
2. ELIGIBILITY
Natural persons who are resident in Germany, Austria or Switzerland and who have reached the age of 18 are eligible to participate. Employees of BlechMal GmbH or companies affiliated with it are excluded from participation. Multiple participations are excluded. Persons who use unauthorized aids or otherwise gain or attempt to gain advantages through manipulation/attempts at manipulation are also excluded.
3. ENTRY PERIOD
The competition begins on December 23, 2022 at 12:00 p.m. and ends on January 1, 2023 at 11:59 p.m.
4. PARTICIPATION
In order to enter the Sweepstakes, the entrant must do the following:
- Re-post the story in his story
- Follow the Instagram channel @swapex
- Comment under the post
BlechMal GmbH reserves the right to cancel or end the competition at any time. This applies in particular in the event of force majeure or if the competition cannot be carried out or continued for other (organisational, technical or legal) reasons. In such a case, the participants are not entitled to any claims. Purchasing products from external partners does not increase the chance of winning.
5. WINNER SELECTION AND NOTIFICATION
The winners will be drawn at random and informed by e-mail within 7 working days after the competition. If the winner does not respond within 7 working days of notification, the claim to the prize will be forfeited and a new winner will be determined by drawing lots.
6. WIN
The prize depends on the respective competition. All information can be found in the competition on the platform itself or in the further course under the section of the individual competition. A cash payment is not possible.
7. SHIPPING OF THE PRIZE
In order to claim the prize, the winner undertakes to provide BlechMal GmbH with their name and address within the aforementioned period of 7 working days. Shipping is via us or our partners. Delays may occur due to public holidays. The participant is responsible for the correctness of the data.
8. PRIVACY
The personal data collected in connection with this competition will only be used to process the competition, will not be passed on to third parties and will be deleted after the competition has ended, provided there are no statutory storage requirements. The legal basis for data processing is the fulfillment of the contract (Art. 6 Para. 1 lit. b GDPR) and the consent (Art. 6 Para. 1 lit. a GDPR). The winner can at any time receive information about their data stored by BlechMal GmbH, object to the use of their data and request their deletion. A simple letter to BlechMal GmbH, Troxel 1b, 39288 Burg or an email to service@swapex.com is sufficient for this. After revocation of the consent, the collected and stored personal data of the participant will be deleted immediately.
9. AVAILABILITY OF THE SWEEPSTAKES
The availability of the competition for the entire duration of the campaign cannot be guaranteed because the campaign takes place within Instagram and BlechMal GmbH has no influence on the (technical) availability of the platform.
10. LIABILITY
BlechMal GmbH has unlimited liability if the cause of the damage is due to intent or gross negligence. BlechMal GmbH is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper execution of the competition and on the observance of which the participant regularly relies. In this case, however, BlechMal GmbH is only liable for the foreseeable, contract-typical damage. BlechMal GmbH is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences. The above limitations of liability do not apply to damage based on intent or gross negligence, to damage resulting from injury to life, of the body or health, for a defect after the assumption of quality guarantees for the quality of a product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
11. SEVERABILITY CLAUSE
Should one or more of the above clauses be or become void, ineffective or unenforceable in whole or in part, the remaining conditions shall remain in effect. A corresponding valid clause takes its place. The same applies if there is a loophole.
12. REMEDIES
The legal process is excluded.