Sanpetuna Instagram Giveaway Terms and Conditions
1. Scope and Independence from Instagram
These terms and conditions apply to giveaways conducted by Oakhurst Enterprises UG, Am Bronzehügel 92, 22399 Hamburg (hereinafter referred to as the “Organizer”). Specifically, they apply to giveaways held through the Organizer’s Instagram account “@sanpetunacom.”
This giveaway is not affiliated with, sponsored, endorsed, or administered by Instagram. Consequently, participants have no legal claims against Instagram arising from the giveaway. All information related to the giveaway is provided solely by the Organizer and is used exclusively for the purpose of the giveaway.
2. Participation and Eligibility
Participation in the giveaways is only possible under the conditions described below. By entering, participants expressly agree to these terms.
- Participants must be natural persons acting in their own name and must be of legal age (18+). Minors are excluded from participation.
- Employees of the Organizer, associated companies, or third-party collaborators involved in the giveaway are not eligible to participate.
- Entries made through competition clubs, automated services, or fraudulent means will be disqualified.
- The Organizer reserves the right to verify the eligibility of participants and winners at any time. Failure to provide verification upon request will result in disqualification and forfeiture of the prize.
3. Duration, Prizes, and Participation
- The giveaway begins with the publication of the giveaway post on the Organizer’s Instagram account “@sanpetunacom” and ends at the specified time indicated in the respective post (“Entry Period”). Participation is only valid during this period.
- The prize is a Ralph Lauren Duffle Bag. The prize cannot be exchanged, transferred, or redeemed for cash.
- Participants must:
- Follow the Instagram account “@sanpetunacom.”
- Share the giveaway post on their Instagram Story.
- Comment on the post.
Entries that are incomplete, fraudulent, or otherwise in violation of these terms will be disqualified.
Participants who unfollow the account, delete their comments, or fail to meet any other requirements during the giveaway period will also be excluded.
Participation is free of charge and not dependent on a purchase or the release of participant data for marketing purposes. Internet access is required; any associated costs are the responsibility of the participant.
4. Tax Obligations
Winners are solely responsible for complying with any tax obligations arising from the receipt of the prize, including reporting the prize's value if required by law.
5. Prize Draw and Notification
- Winners will be selected at random after the entry period ends, using a fair and impartial method.
- Winners will be notified via Instagram Direct Message. Participants must ensure they can be contacted through this method. If the winner cannot be contacted or fails to respond within five (5) working days, their prize will be forfeited, and an alternate winner will be selected.
- The Organizer is not responsible for any technical issues, delays, or disruptions that may prevent participation or delay winner notification.
6. Liability
- The Organizer is only liable for damages caused by intent, gross negligence, or fraudulent concealment of defects. Any further liability is excluded.
- The Organizer is not responsible for technical malfunctions, internet disruptions, or other issues beyond its control that may affect the giveaway.
7. Prohibition of Commercial Use of Entries
By entering the giveaway, participants grant the Organizer a non-exclusive, royalty-free license to use, reproduce, and publish their comments, tags, and other content submitted as part of their participation for promotional purposes related to the giveaway.
8. Early Termination or Modification
The Organizer reserves the right to terminate or modify the giveaway at any time without prior notice, particularly in cases where proper execution cannot be guaranteed due to technical or legal reasons.
9. Governing Law and Dispute Resolution
This giveaway is subject exclusively to German law. The legal process is excluded. In case of disputes, the parties will first attempt to resolve them amicably.
Privacy Notice for the Instagram Giveaway
The data controller in the sense of the General Data Protection Regulation (GDPR) is:
Oakhurst Enterprises UG
Am Bronzehügel 92
22399 Hamburg
(Hereinafter also referred to as “we” or “the Organizer.”)
1. Processing of Your Personal Data
We process personal data solely to manage the giveaway, verify eligibility, and deliver prizes. This includes:
- Instagram usernames.
- Names and usernames of tagged accounts in comments.
- If applicable, first and last names, addresses, and any images submitted for participation.
We may share data with a logistics provider to facilitate prize delivery. Data will not be shared with other third parties. The legal basis for processing is Art. 6(1)(b) GDPR (contractual performance).
If winners’ names are published (e.g., on Instagram or other media), this will only occur with their explicit consent as per Art. 6(1)(a) GDPR.
2. Data Retention
Personal data will be deleted three (3) months after the giveaway ends unless further consent has been obtained or legal obligations require longer retention.
3. Your Rights
Participants have the following rights under GDPR:
- Right to access (Art. 15 GDPR).
- Right to rectification (Art. 16 GDPR).
- Right to erasure (Art. 17 GDPR).
- Right to restrict processing (Art. 18 GDPR).
- Right to data portability (Art. 20 GDPR).
- Right to withdraw consent (Art. 7(3) GDPR).
- Right to file a complaint with a supervisory authority (Art. 77 GDPR).
Participants can exercise these rights by contacting us via email.