Terms and Conditions for Instagram raffles
1. Subject of the conditions of participation and organizer
(1) These Terms of Participation govern the conditions for participation in the raffle as well as any necessary rights transfers. The description and the procedure of the respective raffle take place in the context of the respective raffle action on the Instagram channel of Swiss Eye International GmbH.
(2) Organizer of the raffle is Swiss Eye International GmbH, Nord-West Ring 14, 32832 Augustdorf, Germany
(3) By participating in the respective raffle these terms and conditions are accepted.
(4) The raffle is not affiliated with Facebook or Instagram, it is not sponsored by Facebook or Instagram, nor is it supported.
(1) Eligible to participate in the competition are all those who have reached the age of 18 and are resident in Europe. Excluded are employees of Swiss Eye International GmbH as well as affiliated companies as well as relatives of such employees and their relatives. Participation with fake identities or with identities of third parties is not allowed.
(2) Eligible to participate in the competition by liking the raffle posting, following the Instagram channel (click on the “Follow” button) and commenting on a comment with the hashtag #swisseye_tactical_moments (click on Icon and confirm with send).
(3) Participation is possible until 07.08,2022.
3. Win and win notification
(1) Among all eligible participants, we are giving away a Nighthawk with Headband E‑TAC.
(2) The winners will be randomly selected among all eligible participants within one week of the entry deadline. The winners will be notified via Instagram commenting or in a separate post and requested to send an e‑mail to an e‑mail address where the personal information is accurate and truthful be completely transmitted. This information serves to send the prize.
(3) If a winner does not receive an e‑mail from us within the specified deadline, the claim for winnings expires. In this case, we are entitled to make a replacement draw.
(4) Only one prize per participant is possible.
(5) The prize is neither transferable nor can the prize be exchanged or paid in cash.
(6) If circumstances arise that we are not responsible for, the respective winner accepts a reasonable replacement profit. Such unenforceable circumstances are in particular those that lie with the sponsors of the profits.
(7) The winnings will be sent to the winner by post to the address indicated. When transferring the prize to a carrier, the risk passes to the winner. We are not responsible for delivery damages.
4. Right of use
(1) The participant guarantees to be the holder of the necessary rights to the photos that may have been uploaded or linked in the context of the raffle. If the participant is not the sole author or right holder, he expressly declares that he 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:
- the right to save the photo on a server;
- The right to make the photo available to the public in whole or in part via Instagram and our websites (in particular www.swisseye.com);
- the right to use the photo to promote our products;
- The right to edit the photo, but the image may not be distorted.
(3) When using the image, we will appropriately identify the author, insofar 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 name for advertising purposes.
5. Liability and indemnity
(1) If the participant uploads photos, the participant guarantees that he will not send any content, the provision, publication or use of which violates applicable law or the rights of third parties.
(2) The participant indemnifies us against claims of any kind whatsoever resulting from the illegality of photos that the participant used. The indemnity obligation also includes an obligation to fully indemnify the organizer against any legal defense costs (such as court and attorney’s fees).
(3) By participating in the competition, the participant exempts Facebook and Instagram from any 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 makes false statements or if photos or other content used (for example, comments) infringe applicable law or the rights of third parties. The same applies to comments that can be regarded as glorifying violence, offensive, harassing or degrading or otherwise offend against the social sense of propriety.
(2) If the excluded participant is an already drawn winner, the prize can be subsequently revoked.
7. Early termination and changes
We reserve the right to prematurely or partially terminate the Sweepstakes in whole or in part at any time, even if deadlines are not met, or change them as the case progresses, for technical (eg computer virus, manipulation of or errors in software / hardware) or legal ( eg prohibition by Facebook, Instagram) is not possible to guarantee a proper execution of the raffle.
Through the ECJ preliminary ruling, we are jointly responsible with Facebook for the collection, processing and use of personal data of the participants. We can not give any guarantees or responsibilities about the use of your data by Facebook. You can find out more at https://www.facebook.com/legal/terms/page_controller_addendum.
We will use the personal details of the participant as well as his other personal data only in the context 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 performance of the raffle or if the participant has given its consent. This also includes a use for exercising the rights of use granted. The data will be used exclusively for the competition.
9. Final provisions
(1) If the conditions of participation contain ineffective regulations, the validity of the remaining conditions remains unaffected.
(2) German law applies. A legal remedy for checking the draw is excluded.