Conditions of participation Giveaway "Tuning Fork Starter Set"

Conditions of participation and privacy policy for giveaway [Yogaflor - Tuning Fork Starter Set "Earth"]

from Roland Meinl Musikinstrumente GmbH & Co. KG, Musik-Meinl-Straße 1, 91468 Gutenstetten, GERMANY, Phone: +49 (9161) 788-849, Fax: +49 (9161) 788-190, Mail: info@meinlshop.de, hereinafter „organizer“.
Find more information about the organizer here: https://www.meinlshop.de/en/imprint.

1. Conditions of participation
The following conditions of participation apply for giveaway [Yogaflor – Tuning Fork Starter Set „Earth“], hereinafter „raffle“. By participating in the raffle on Instagram, the user (m/f/d) expressly accepts the conditions of participation of the organizer for the giveaway. Participation in the giveaway is only possible under the conditions of participation listed here.

2. Eligibility for participation
The participation of the user is free of charge and independent of the purchase or other purchase of goods or services of the organizer. The purchase or other purchase of goods or services of the organizer has no effect on the chances of the user to win. Participation in the giveaway does not result in any direct or indirect benefit to the user in the purchase or other purchase of goods or services of the organizer.
Only users who have reached the age of 18 at the time of their participation and who are resident in the following countries are eligible to participate: Germany, Belgium, Bulgaria, Estonia, France, Great Britain, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Czech Republic, Hungary and Cyprus. Each user is only entitled to participate in the giveaway once. Multiple comments, links or links of a user are considered as a single participation of the user concerned.
Direct or indirect participation via third parties, in particular sweepstake clubs, automated services or other service providers, is not permitted. Employees of the organizer and its affiliated companies as well as relatives of these employees are excluded from participation in the giveaway.

3. Duration of the giveaway, right to change
The giveway and the opportunity to participate in the sweepstakes begins on 03/08/2022 at 12:30 a.m. and ends on 05/08/2022 at 11:59 p.m.
The organizer reserves the right to cancel the raffle at any time without notice and without giving reasons or to end it at an earlier time.

4. Registration fo the giveaway, right to change
The registration of the user for the giveaway and this participation in it require that the user subscribes to the feed of the Instagram accounts @meinlshop and @yogaflor and that the user comments and likes the image shown in the context of the giveaway.

5. Image rights
Insofar as the user must post his own images as part of the competition, the following also applies:
The user must either have taken the picture himself or must have acquired the rights from the authorized person. If the user has not taken the picture from a publicly accessible location, he/she must also obtain the consent of the property owner or other authorized person. Pictures showing persons other than the user are not permitted and will not be entered into the competition. By participating, the user warrants that the respective image does not infringe any third-party rights.
By participating in the giveaway, the user grants the organizer the non-exclusive and transferable right to use the image. In particular, he/she declares his/her irrevocable consent that the organizer may process, publish, reproduce and make the image accessible to third parties for an unlimited period of time within the scope of the competition. This includes the distribution on social media platforms. The granting of these aforementioned rights serves solely to carry out the competition and the presentation of user entries in print, social media and online media. By participating, the user warrants that he/she is entitled to grant these rights of use and that they do not infringe any third-party rights.

6. Prohibited content of the posts within the scope of the giveaway, tagging ban
Posts posted by the user may not violate applicable law, these terms and conditions of participation or the competition rules of Instagram as amended from time to time. Posts must in particular not contain any insulting, racist, discriminatory or violence-glorifying content or false statements of fact or violations of competition, trademark or copyright law and must not otherwise infringe the rights of third parties.
Within the scope of the giveaway, it is prohibited for the user to falsely mark content, in particular to mark (tag) himself, other Instagram users or other third parties in a picture in which he or they are not depicted. In the event of a violation, the organizer is entitled to delete the post and images without prior notice.

7. Prize
The prize is a Meinl Sonic Energy Tuning Fork Starter Set “Earth” (TF-E+BOOK-ES). It includes the Meinl Sonic Energy Tuning Fork Earth - 136,10 Hz (TF-E), the Meinl Sonic Energy Tuning Fork Holder for 1 Tuning Fork (TF-HOLDER-1) and the practical handbook „Terapias con Diapasón – Ejercicios para prevenir bloqueos, tratar enfermedades y recuperar la armonía“ of Thomas Künne and Dra. Patricia Nischwitz.
The organizer is entitled to change the prize at any time. In this case, the winner will receive an appropriate replacement prize. The prize will not be paid out in cash or in kind and is excluded from exchange. The claim to the prize cannot be transferred to third parties.

8. Determination of the winner
There is only one winner. The draw for the prize will take place after the end of the duration of the giveaway under exclusion of the public. The winner will be drawn at random from all users by a method chosen at the organizer's discretion (e.g., with commentpicker.com) and notified anonymously via a comment under the raffle on 06/08/2022.
The winner must submit his postal address to the official Instagram account of the organizer within seven days after notification by means of a private Instagram message. The user himself is responsible for the correctness and completeness of his communicated data. There is no obligation to accept the prize.
After this period, the claim to the prize expires and the organizer will draw the prize again in accordance with these conditions of participation. The postal address is only used to send the prize. To prove the actual distribution of the prize, the account of the winner will be published in the raffle post.
The costs for sending the prize will be borne by the organizer. The risk of loss is transferred to the winner when the prize is sent to the post office.

9. Privacy policy
The collection, processing and use of personal data in the context of the giveaway is governed by the organizer's privacy policy for the giveaway.
The user can view the general privacy policy of the organizer here: https://www.meinlshop.de/en/privacy.
By participating in the giveaway, the user expressly agrees to data processing in accordance with the data protection declaration for the competition. Rights of revocation are shown in the data protection declaration.

10. Exclusion from the giveaway
The organizer reserves the right to exclude the user from the giveaway at any time and without prior notice, in particular in the event of a violation of these conditions of participation, the giveaway guidelines of Instagram or if there is suspicion of manipulation of the giveaway or attempts at manipulation. The right to exclusion also applies if the user deletes his like or his post.
If the winner has already been drawn, the prize may be subsequently withdrawn. The organizer can reclaim a prize that has already been sent.

11. No connection to Instagram
The giveaway is not associated with Instagram and is not sponsored, endorsed or organized by Instagram in any way. Instagram does not cooperate with the organizer and is not otherwise a co-organizer. The sole contact person and sole person responsible for the competition is the organizer as the sole responsible operator of the Meinlshop Instagram account under the aforementioned contact details.

12. Exemption of the organizer
Each user is responsible for violations of applicable law, these terms and conditions of participation or the terms and conditions of the giveaway on Instagram and hereby indemnifies the organizer from all claims asserted by third parties against the organizer in connection with the user's posts.

13. Final terms
Should individual clauses be or become invalid, this shall not affect the validity of the remaining clauses. German law applies to the user relationship between the user and the organizer.
Legal recourse is excluded.

Privacy policy for giveaway on the processing of personal data

With this privacy policy, the organizer of the giveaway explains below the manner and scope of the processing of personal data in the context of the implementation of the giveaway and clarifies the rights of the user. Personal data is any information relating to an identified or identifiable natural person.

Who is the organizer of the giveaway?
The organizer of the giveaway is:
Roland Meinl Musikinstrumente GmbH & Co. KG,
Alexander Meinl,
Musik-Meinl-Straße 1, 91468 Gutenstetten, GERMANY,
Phone: +49 (9161) 788-849, Fax: +49 (9161) 788-190, Mail: info@meinlshop.de

Our data protection officer is: Michael Weiß, IT - Consulting und Datenschutz, Am Schind 14, 97514 Oberaurach, GERMANY; Mail: m.weiss@mwe-consulting.de

The organizer will protect the privacy of the users and process the data only in accordance with the applicable data protection regulations, in particular in the German Data Protection Ordinance, the German Federal Data Protection Act, the German Telemedia Act and the German Telecommunications Act, i.e., in particular collect, store and use the data.

For what purposes are the data processed?
The data is processed exclusively for the purpose of carrying out the giveaway.

The organizer collects and stores the following data:
-          Name of Instagram accounts
-          Uploaded pictures, as far as this is a prerequisite for participation according to the terms and conditions of the giveaway.

The aforementioned data of the user will be processed by the organizer for the purpose of determining the prize and notifying the winner.

The user has declared his/her consent to this. The legal basis for data processing is this consent in conjunction with Art. 6 para. 1 lit. a) DSGVO. The revocation of the declaration of consent can be made at any time by letter, fax or e-mail to the organizer at the above contact details. In addition, the determination of the prize and the notification on the basis of the aforementioned data is necessary for the organizer to fulfill its obligations arising from the prize game. The use of the aforementioned data is necessary for the fulfillment of the contract, namely the determination of the winner. For this purpose, the address data of the winner required for delivery will be transmitted to the respective parcel service. No further transmission of the data to third parties will take place. The legal basis for this data processing is therefore also Art. 6 para. 1 lit. b) DSGVO.

In order to receive the prize, the winner must provide the following data to the organizer:
-          Name and surname of the user
-          Confirmation of the age of majority
-          Address of the user (street, house number, postal code, city, country, address extensions)

The organizer has undertaken to send the prize to the winner drawn. By sending the prize, the organizer fulfills his obligation from the giveaway. The use of the data is necessary for the fulfillment of the contract, namely the sending of the prize. The legal basis for this data processing is Art. 6 para. 1 lit. b) DSGVO.

All data will be deleted within 10 working days after the end of the giveaway, subject to legal and / or official retention obligations. This does not apply to comments and messages posted or sent in connection with the giveaway.

What rights does the user have as a data subject of the data processing?
Every user has the right to request information from the organizer about the personal data processed.
Likewise, the organizer shall inform every user of the right to rectification or deletion or to restriction of processing or of a right to object to processing, as well as of the right to data portability.
If the data processing is based on the consent of the user, each user has the right to revoke the consent at any time as described above, without this affecting the legality of the data processing carried out on the basis of the consent until revocation.
Finally, every user has the right to lodge a complaint with a supervisory authority.

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