Terms and Conditions of Participation in the Captural Contest
The contest that is taking place on the Instagram account “captural.app” is carried out by Photocolor Kreuzlingen AG (“Captural”), Sonnenwiesenstrasse 2, 8280 Kreuzlingen, Switzerland.
Participation is subject to the following Terms and Conditions of Participation, unless otherwise specified in the description of the contest.
Participation is only possible for registered Instagram users who reside in Germany, Austria or Switzerland. You must also confirm that you had an Instagram account before you entered the contest and that you did not register with Instagram solely to enter the contest. All legal owners of an account are generally entitled to participate. As a rule and unless otherwise provided in the contest, participation is only possible directly via Instagram. Instagram users who are not of age (minors) may only participate if their parents agree to their participation. If minors participate without the consent of their parents, they will not receive any prizes. In this respect, “Captural” reserves the right to demand proof of consent of the participant’s parents before a prize will be awarded. Employees of “Captural”, affiliated companies, a possible partner for the specific contest or their spouses or life partners as well as their family members are excluded from participation in such a contest.
“Captural” reserves the right to exclude individual persons from participation if there are justified reasons, such as a breach of these Terms and Conditions of Participation, (attempted) manipulation etc., or discriminatory contributions, as well as to take legal action. Participants in the contest are obliged to correctly and truthfully provide all of the information that may be requested for the execution of the respective contest. If any information is not provided in a complete and correct manner, the participant can be excluded from participation – even after being declared the winner.
Only one prize can be won per participant and per household.
Rights and obligations of participants and organisers
Participation in the contest is free of charge and does not depend on the purchase of goods or services or on subscribing to a newsletter. You are responsible for the content of the transmitted photos and data. By sending us a photo, you confirm that you have obtained any consent that may be required, as well as any licenses, rights and permissions that are necessary for the use and publication of the photo by “Captural” to the extent stated herein.
By sending the photo to “Captural”, you grant “Captural” the exclusive right, which is unlimited in terms of content, time and territory and is free of charge, to use the submitted photo, in particular, in the context of this contest and for use in the company’s presence on social media. This includes, in particular, permission to publish, reproduce, distribute, broadcast and make the photos publicly available. No remuneration is owed. The number of posts sent/published per person does not affect the chance of winning.
No data will be passed on to third parties outside of “Captural” and the agency commissioned to carry out the contest. There is no right to publication.
“Captural” reserves the right to delete posts and comments from your Instagram account at any time and without providing justification. In particular, it will not be tolerated if participants:
- Publish any content that is offensive, obscene, pornographic, threatening, discriminatory, racist, insulting, disparaging, misleading or illegal, as well as any content that incites violence or violates the rights of third parties (including their copyrights and personal rights) on the Captural Instagram account;
- Upload content that contains direct or indirect advertising for third-party products;
- Perform actions that affect the proper functioning of Instagram, the Captural fan pages, or upload files containing harmful viruses or the like; or
- Upload content for which they do not have the necessary rights.
The online contest is carried out, if necessary, in cooperation with the partner named in the description of the contest. In addition to these Terms and Conditions of Participation, the specific conditions described in the individual post for the contest regarding the duration of the contest, the type of participation required, the prize and the number of winners apply. The winners will be drawn from all entries on Facebook and Instagram. The “Captural” jury will draw the prize.
The execution of the contest and the choice of prizes is the sole responsibility of “Captural” or its partners. “Captural” and its suppliers determine the terms of delivery for the delivery of the prizes. In the event that delivery/execution of the prizes is not possible or only possible at an unforeseen expense, the winners will receive a substitute prize of equal value.
The winner(s) will be determined at random from all of the correct solutions that are submitted during the time period defined in the description of the contest (to the extent that an answer to a question is required) – or, depending on the style of the contest, other valid entries. The closing date for entries is usually the last day of the contest at 11:59 p.m. (unless otherwise defined in the description of the contest). Decisive is the logged receipt of the database entry via the online form at “Captural”.
Each participant may only enter the contest once.
“Captural” reserves the right to cancel, terminate or interrupt a contest for important reasons. This right may be exercised in particular if a proper execution of the contest can no longer be guaranteed for technical or legal reasons. In the case of a lawful cancellation of the contest, no claims whatsoever can be made against “Captural”.
Notification of the winners and shipment of the prizes
If you are one of the winners of a contest, you will be notified via a direct message on Instagram after the contest has ended. The entitlement to a prize is not transferable or payable in cash. If the prize cannot be transferred within 15 working days after the drawing because you are not available or for other reasons for which you are responsible, your claim to the prize expires and a new winner can be drawn from the remaining participants.
If the conditions for exclusion are met (including any breach of these Terms and Conditions of Participation), prizes may be subsequently withdrawn or reclaimed.
The shipment of a prize is only carried out within Germany, Austria or Switzerland.
Non-affiliation of Instagram
Contests are not affiliated with Instagram and are not sponsored, endorsed or organised by Instagram. Instagram is not responsible for any of the content published as part of this promotion. The recipient of the information provided by participants is not Instagram, but the organiser of the contest. “Captural” and the participants indemnify Instagram from any claims in connection with the contest.
All questions, comments or complaints regarding the contest should not be directed to Facebook or Instagram, but to “Captural” at email@example.com.
Legal action with regard to the contest is excluded.
When the prize is sent, “Captural” is released from all obligations arising from the contest.
No liability is assumed for the quality of the prizes. Insofar as claims are asserted by the winner in connection with the prizes received, these are to be made directly against the manufacturer/dealer, supplier or other service provider, insofar as legally permissible. Should claims of “Captural” arise regarding this, these will be assigned to the respective winner.
Any liability on the part of “Captural” with regard to damages arising from participation in the contest or in connection with the distribution of the prizes, in particular their shipment, is excluded. In particular, liability is excluded for lost chances of winning that are based on a technical malfunction (e.g. connection failure, network failure, electronic problems). The above exclusion of liability does not apply to damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by “Captural” or an intentional or negligent breach of duty by a legal representative or vicarious agent of “Captural”. The exclusion of liability does not apply with regard to other damages that are based on an intentional or grossly negligent breach of duty on the part of “Captural” or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of “Captural”. Furthermore, the exclusion of liability does not apply to typically foreseeable damages resulting from an intentional or negligent breach of essential obligations by “Captural”, a legal representative or a vicarious agent of “Captural”, the fulfilment of which is essential for the proper execution of the contest and on the reliance of which the participant may rely. Liability under the Product Liability Act remains unaffected.
Should individual provisions of these Terms and Conditions of Participation be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
Use of the personal data of participants
When submitting an application to participate in the contest, the personal data of the participant will be transmitted to “Captural”. This includes in particular the user name and the e-mail address as well as any other details, such as place of residence, that the participants enter on the website. In order to carry out the contest, “Captural” stores and uses only the user name and e-mail address of the participant. In addition, “Captural” will use the name and postal address of the winners solely for the purpose of shipping the prizes. They process the data exclusively on behalf of and according to the instructions of “Captural”. The data processing takes place on servers located in the European Union.
Participants’ rights regarding data protection
The participant can object to the use of personal data at any time by sending a written message to “Captural” or by email to firstname.lastname@example.org. As a result, any stored data of the participant will be deleted and participation in the contest terminated. The participant has a right to information from “Captural” about the use of the participant’s personal data. Upon request, the participant will be provided with complete and free information about the stored data stock at any time, as far as it concerns the participant. All you need to do is send an informal e-mail to email@example.com.
Kreuzlingen, August 31, 2020