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(1) These terms and conditions regulate the conditions for participation in a competition and any necessary transfer of rights. The description and procedure of the respective competition will be provided as part of the respective competition in the email or on the website, Facebook page or Instagram page of Miricals GmbH.
(2) The organizer of the competition is Miricals GmbH, Stephansplatz 3 20354 Hamburg
(3) By participating in the respective competition, these conditions of participation are accepted.
(4) The competition has no connection with Facebook or Instagram and is neither sponsored, supported nor organized by Facebook or Instagram.
(1) Anyone who is 18 years or older and resident in Germany is eligible to take part in the competition. Employees of Miricals GmbH and affiliated companies, as well as family members of such employees and their relatives, are excluded. Participation with false identities or with the identities of third parties is not permitted.
(2) Eligible participants can take part in the competition by following the instructions provided in the respective competition.
(4) Participation is possible until the date stated in the competition.
(1) We will raffle off the products mentioned in the respective competition among all eligible participants.
(2) The winners will be chosen at random from all eligible participants within one week of the closing date, or in the order specified in the competition. The winners will be notified via Instagram or Facebook comment function or in a separate post and asked to send an email to an email address provided there, in which the personal data is transmitted correctly and truthfully. This information is used to send the prize. In competitions via email, both participation and notification will take place via email.
(3) If we do not receive an email from a winner within the specified period, the right to win will expire. In this case, we are entitled to hold a replacement draw.
(3) Only one prize is possible per participant.
(4) The prize is neither transferable nor can the prize be exchanged or paid out in cash.
(5) If circumstances arise for which we are not responsible, the respective winner will accept an appropriate alternative prize. Such circumstances for which we are not responsible include, in particular, those which are the responsibility of the prize sponsors.
(6) The prizes will be sent to the winner either by post to the address provided, or digitally in the form of vouchers or digital products. When the prize is handed over to a transport person, the risk is transferred to the winner. We are not responsible for delivery damage.
If one of the conditions of participation is to upload a photo of the participant, the following applies:
(1) The participant guarantees that he or she is the owner of the necessary rights to the uploaded or linked photos. If the participant is not the sole author or rights holder, he or she expressly declares that he or she has the necessary rights to participate in the competition.
(2) The participant grants us the following simple, temporally and spatially unlimited, but not exclusive rights of use for the photo he uses:
(3) When using the image, we will identify the author in an appropriate manner, as far as this is feasible taking into account the specific form of use.
(4) By accepting the prize, the winner agrees that we may use his/her name for advertising purposes.
(1) If the participant uploads photos, the participant guarantees that he will not send any content whose provision, publication or use violates applicable law or the rights of third parties.
(2) The participant indemnifies us against any third-party claims of any kind that result from the illegality of photos used by the participant. The indemnification obligation also includes the obligation to fully indemnify the organizer against legal defense costs (e.g. court and attorney fees).
(3) By participating in the competition, the participant releases Facebook or Instagram from all liability.
(1) A violation of these conditions of participation entitles us to exclude the respective participant from participation. This applies in particular if the participant provides false information or if the photos or other content used (e.g. comments) violate applicable law or the rights of third parties. The same applies to comments that can be viewed as glorifying violence, offensive, harassing or degrading or that otherwise violate social decency.
(2) If the excluded participant is a winner who has already been drawn, the prize may be revoked retroactively.
We reserve the right to terminate the competition prematurely, in whole or in part, or to change its course at any time, even without observing deadlines, if it is not possible to guarantee the proper conduct of the competition for technical reasons (e.g. computer virus, manipulation of or errors in software/hardware) or legal reasons (e.g. prohibition by Instagram or Facebook).
We are responsible for the collection, processing and use of participants' personal data, provided that we process it ourselves. We will only use the participant's personal details and other personal data within the framework of the statutory provisions of data protection law. We will only store, process and use the information to the extent that this is necessary for the conduct of the competition or if the participant has given their consent. This also includes use to exercise the granted rights of use. The data will only be used to conduct the competition and will then be deleted.
The participant can request information about the data stored about him at any time. In all other respects, our data protection declaration applies accordingly, which can be found at (https://www.themyricals.de/policies/privacy-policy?_gl=1*chr3t5*_up*MQ..*_ga*MTc1OTQwNzgyNC4xNzA3NTczMTM2*_ga_W7700X5VJB*MTcwNzU3MzEzNS4xLjAuMTcwNzU3MzEzNS4wLjAuMA..) is available.
(1) Should the conditions of participation contain invalid provisions, the validity of the remaining conditions shall remain unaffected.
(2) German law applies. Legal recourse to review the draw is excluded.