Teilnahmebedingungen für
Berformance Gewinnspiele

1 Scope of application
These Terms and Conditions of Participation apply to all competitions organized by Berformance Deutschland GmbH, Kurfürstendamm 194, 10707 Berlin (hereinafter referred to as the "Organizer"). By participating, each participant accepts these conditions of participation.
This competition is in no way affiliated with Instagram. It is in no way sponsored, supported or organized by Instagram and does not constitute any legal claims against Instagram. All information in the context of this competition is provided exclusively by the organizer.

2 Participation
2.1 Any natural person of at least 18 years of age is eligible to participate in their own name. Participants who have already reached the age of sixteen but are not yet of legal age may only take part in the competition with the consent of their legal guardian.
2.2 Minors under the age of 16 and legally incompetent persons are excluded from participation.
2.3 The organizer reserves the right to exclude persons from participation who violate these conditions of participation or who seek to gain or obtain an advantage over other participants by unduly influencing or manipulating the competition. In such cases, the organizer may also subsequently exclude participants from the competition, disallow prizes and reclaim them.
2.4 Participation is only possible within the period specified in the competition description. Each participant may only take part in an identical competition once.
2.5 Employees of the competition organizer, as well as employees of the companies involved in this competition and their direct relatives, are excluded from participation in the competition.

3 Implementation of the competition
3.1 The prerequisite for participation in the competition is following the organizer's Instagram channel. If a further requirement is necessary for participation in the competition, this is communicated directly at the participation opportunity in the competition. The competition will be held during the specified period. All participants in the competition who meet the requirements specified in sections 2 and 3 by the respective time of the draw will be considered. Immediately after the end of the participation period, the winner will be drawn at random from among the participants.
3.2 A change or cash payment of the prize is excluded. The prize is not transferable.

4. prize processing
4.1 The winner will be notified by e-mail or electronically by the Organizer. With regard to the prize, each participant notified in this way is obliged to inform the Organizer within one month of the notification being sent whether they accept the prize. If the organizer does not receive a corresponding message within this period, the possibility of accepting the prize expires and the organizer reserves the right to determine and notify another participant accordingly.
4.2 If the contact details provided by the participant are incorrect (e.g. e-mail address), the organizer is not obliged to determine the correct data. Any disadvantages resulting from the provision of incorrect contact details (e.g. incorrect e-mail address) shall be borne by the participant.

5 Liability for defects
The organizer shall only be liable for damages incurred by the winner due to material defects and/or defects of title in the event of malice, intent or gross negligence. Otherwise, liability for material defects and/or defects of title is excluded.

6 Premature termination, adjustment or modification of the competition
The organizer is entitled to terminate, adapt or modify the competition prematurely at any time without prior notice and without giving reasons if the proper execution of the competition cannot be guaranteed without appropriate measures for technical or legal reasons.
 
7 Applicable law The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
 
8. data protection
Responsible for data processing in connection with the competition is: Berformance Deutschland GmbH Kurfürstendamm 194 10707 Berlin
The named controller is jointly responsible for the data processing on the Instagram fan page on which the competition is organized, together with Instagram (platform operator is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) within the meaning of Art. 26 GDPR.
8.1 Processing of your personal data in the context of the competition We process your personal data for the proper execution and handling of the competition and in particular for sending the prize.
To carry out the competition, the profile name and, if available, the first name and surname of the respective participant are collected and stored. In order to send the prize, we also collect the first and last name and address of the winner(s) and pass this data on to a shipping company commissioned by us. Your data will not be passed on to third parties beyond this.
The legal basis for this processing of your personal data is Art. 6 para. 1 lit. b GDPR (implementation of pre-contractual measures and fulfillment of a contract).
If we publish the first name and surname of the winner(s) separately on our profile or our fan page or announce them externally, for example in our online store, this will only be done with the prior express consent of the winner(s) in accordance with Art. 6 para. 1 lit. a GDPR.
8.2 Storage period After the end of the competition, your personal data processed as part of the competition will be deleted no later than three months after the end of the competition, unless you have given your effective consent to further processing (e.g. with regard to the newsletter dispatch) and/or we have no legitimate interest in further storage.
8.3 Your data subject rights The applicable data protection law grants you the data subject rights listed below:
- Right to information in accordance with Art. 15 GDPR: In particular, you have the right to information about your personal data processed by us, the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it was not collected by us from you, the existence of automated decision-making including profiling and, if applicable, meaningful information on the logic involved and the scope and intended effects of such processing on you, as well as your right to be informed of the guarantees pursuant to Art. 46 GDPR if your data is transferred to third countries;
- Right to rectification pursuant to Art. 16 GDPR: You have a right to immediate rectification of incorrect data concerning you and/or completion of your incomplete data stored by us;
- Right to erasure in accordance with Art. 17 GDPR: You have the right to request the erasure of your personal data if the requirements of Art. 17 (1) GDPR are met. However, this right does not exist in particular if the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
- Right to restriction of processing in accordance with Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you dispute, is being checked, if you refuse to delete your data due to unauthorized data processing and instead request the restriction of the processing of your data, if you need your data to assert, exercise or defend legal claims after we no longer need this data after the purpose has been achieved or if you have lodged an objection for reasons of your particular situation, as long as it is not yet clear whether our legitimate reasons prevail;
- Right to information in accordance with Art. 19 GDPR: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability in accordance with Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller, insofar as this is technically feasible;
- Right to withdraw consent granted pursuant to Art. 7 (3) GDPR: You have the right to withdraw your consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you consider that the processing of personal data relating to you infringes the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, without prejudice to any other administrative or judicial remedy.