Conditions of participation
§ 1 General
Participation in the competition of DEKRA SE, with its registered office in Stuttgart, entered in the Commercial Register of the Stuttgart Local Court under HRB 734316 (hereinafter referred to as "the organiser"), is only possible with the inclusion of these conditions of participation. The competition is in no way sponsored, supported or organised by Instagram or Facebook. The contact person and person responsible is solely the Organiser. The information provided by the participant as part of the competition will be processed as necessary by DEKRA SE on behalf of and on the instructions of the organizer.
§ 2 Conditions for participation
All natural persons with legal capacity and a minimum age of 18 who are followers of the Instagram corporate channel and have commented on the competition post dated 26.11.2023 in which they told us on which trip they could use the snow chains. Followers who have shared the post in their story will receive an extra ticket. Employees of the organiser and their relatives are excluded from participation. For participants over the age of 18, this will be noted separately in the respective competition. Minors require the consent of their legal guardian to participate. Participation is not dependent on the purchase of goods or the use of services. Employees of the organiser, its affiliated companies and members of the aforementioned groups are excluded from participation. Participation may be revoked at any time at firstname.lastname@example.org. Each participant may enter the competition more than once. However, only one prize per participant is possible.
§ 3 Start and end of the competition
The competition starts on Sunday, 26.11.2023 at 12:00 pm (CET). The closing date for entries is Sunday, 03.12.2023 at 11:59 pm (CET). Participation is only possible within the period stated in the competition description.
§ 4 Competition, prize and method of participation and prize distribution
DEKRA is giving away snow chains. The draw will take place on 06.12.2023.
The prize will be sent to the winner by post or e-mail. The winner will be informed by the organiser by 06.12.2023 at the latest via Instagram private message. By commenting on the competition post, the participant agrees to this contact. The participant is aware that this consent can be revoked at any time with effect for the future. If the winner does not respond to this prize message by 08.12.2023 (12.00 pm CET), the claim to the prize will lapse.
A change or cash payment of the prize is excluded.
§ 5 Selection procedure and notification of the winner(s)
The winner(s) will be selected at random. Legal recourse is excluded.
§ 6 Obligations of the participant
In the context of participation in the competition, the participant must not
a. offend common decency or applicable law (in particular, no insults or false statements of fact may be included);
b. infringe industrial property rights, copyrights or other proprietary rights;
c. transmit content containing viruses, so-called Trojan horses or other programming that can damage software;
d. Enter, store or transmit hyperlinks or content to which he/she is not authorised, in particular if such hyperlinks or content violate confidentiality obligations or are unlawful; or
e. disseminate advertising or inaccurate warnings of viruses, malfunctions and the like or solicit participation in lotteries, snowball systems, chain letters, pyramid schemes and similar campaigns.
§ 7 Liability and indemnification
The liability of the organiser is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. However, compensation for damages due to breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence. In particular, the organiser shall not be liable under this provision for the security and continuity of data communication conducted via third-party communication networks. Likewise, the organiser shall not be liable under this provision for disruptions in data transmission caused by technical errors or configuration problems on the part of the participants. In particular, the Promoter shall not be liable under this provision for any loss or damage arising from the impairment of the availability of the competition site in the event of technical faults or force majeure events over which it has no control. However, the Promoter will make every effort to ensure the reliability and operability of the competition site. Furthermore, the Promoter does not guarantee that the Facebook and Instagram competition platforms will function properly on the respective participant terminal.
Finally, the organiser is not liable for any infringement of the rights of third parties by the participant, in particular in the event of a breach of the participant's obligations under § 6.
In the event of a breach of these conditions of participation, the organiser reserves the right to exclude the participant from the competition. In such cases, prizes may also be subsequently withdrawn and reclaimed.
Insofar as the liability of the organiser is excluded or limited in accordance with the provisions of this exclusion of liability, this also applies to the personal liability of organs, employees, representatives and vicarious agents.
§ 8 Data protection
The organiser shall observe all data protection regulations within the scope of the competition. The organiser will not pass on any personal data to third parties or sell address data. The organiser will store the personal data of each participant solely for the purpose of the competition. The participant hereby expressly declares his/her consent to the storage and use of the personal data provided for the purpose of conducting the competition, notifying the winner and distributing the prize (in the event of a win, an address will also be required for sending the driving safety training course). The participant is aware that this consent can be revoked at any time with effect for the future.
§ 9 Severability clause
Should individual provisions of these conditions of participation be invalid or should there be a loophole, this shall not affect the validity of the remaining provisions. The invalid or missing provision shall be replaced by a provision which comes closest to the purpose of the contract and the statutory provisions.
§ 10 Place of Jurisdiction / Applicable Law
In the event of disputes, German law shall apply exclusively. As far as legally permissible, the organiser's registered office is agreed as the place of jurisdiction. If the participant does not have a general place of jurisdiction in Germany or moves his/her place of residence abroad after participation, the organiser's registered office is also agreed as the place of jurisdiction.
§ 11 Reservation of right to make changes
The Promoter reserves the right to cancel the competition at any time without prior notice for good cause. In the event of termination of the competition for good cause, the organiser shall inform the participants thereof without delay. Cancellation for good cause may occur in particular if the proper execution of the competition can no longer be guaranteed for technical reasons. The organiser accepts no liability for lost chances of winning due to technical connection problems or similar. Cancellation shall not affect the entitlement of winners who have already been determined.
Furthermore, the organiser may amend or supplement these terms and conditions of participation and the implementation of the competition at any time within the scope of the statutory provisions. In the event of such changes, participants will receive a notice requesting their consent. In the event of an objection, the competition may be terminated immediately by either party.
The organiser is then entitled and obliged to delete the participants' personal data immediately.
§ 12 Contact
If you have any questions regarding the implementation of this competition and the processing and use of personal data, please contact: email@example.com
Information on data protection
DEKRA SE is conducting the above-described competition on the occasion of the draw for the driving safety training course, which is subject to the above-mentioned conditions of participation.
The following information on data protection applies to the processing of personal data in the course of the competition. In addition, reference is made to the data protection declaration of DEKRA SE.
The person responsible for data processing is
If you have any questions or comments about data protection, you can also contact our data protection officer: firstname.lastname@example.org
2. Processing framework
2.1 Source, origin and nature of the data
We process personal data that we have received directly from you as part of your participation in the competition via Facebook or Instagram:
- Profile name
- Name (in case of winning)
- Address (in case of winning)
2.2 Purpose of and legal basis for data processing
We process your personal data to conduct the competition, including to determine and notify the winners. If we do not collect the aforementioned data, it will not be possible to participate in the competition or to contact you regarding notification of a prize and dispatch of the prize.
We base the processing of your personal data for the aforementioned purposes on Art. 6 para. 1 lit. a, b of the EU Data Protection Regulation (DSGVO).
2.3 Recipients of data within the EU
Within our company, those internal offices or organisational units will receive your data that require it in the context of processing for the above-mentioned purposes. Within our group of companies, your data will be transferred to certain companies if they perform data processing tasks centrally for the companies affiliated in the group (e.g. marketing & IT support).
Any further transfer of your data to external bodies will only take place for the following purposes
- for the purpose of fulfilling legal requirements according to which we are obliged to provide information, report or pass on data or the passing on of data is in the public interest
- insofar as external service companies process data on our behalf as order processors.
We will not pass on your data to third parties beyond this. Insofar as we commission service providers to process your data, your data will be subject to the same security standards there as it is with us. In other cases, the recipients may only use the data for the purposes for which it was transmitted to them.
2.4 Recipients of data outside the EU
If we transfer personal data to service providers or group companies outside the European Economic Area (EEA), the transfer will only take place if we are authorised to transfer the data and the third country has been confirmed by the EU Commission to have an adequate level of data protection or other appropriate data protection guarantees (e.g. binding internal company data protection regulations or EU standard contractual clauses).
2.5 Storage periods
We process and store your data only for the duration of the competition.
After the end of the competition, your data processed by us as part of the competition will generally be deleted within 60 days, unless there are storage obligations to the contrary or - for a limited period - further processing is necessary to fulfil the purposes for an overriding legitimate interest.
2.6 Your rights
Under certain conditions, you can assert your data protection rights against us:
You have the right to information, correction, deletion, restriction of processing, objection to processing and data portability. If processing is based on your consent, you have the right to revoke this with effect for the future.
You can make your requests about exercising your rights directly via this online form .
You also have the option of contacting the above-mentioned data protection officer or a data protection supervisory authority with a complaint.