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Conditions of participation for the ‘#fave2win’ competition on Instagram

1. The competition is being run by NEW YORKER Marketing & Media International GmbH, Hansestraße 48, 38112 Braunschweig, Germany (hereinafter: “the promoter”).

2. In order to be eligible to enter, all entrants must be aged at least 16 at the time of entering and need to have fully legal capacity or limited legal capacity. Minors, which are aged at least 16 and persons with limited legal capacity are only allowed to participate in the competition with prior consent of their legal representatives. The Promoter reserves the right to verify the eligibility of each entrant. In particular, the Promoter may ask the entrants to confirm their age and identity by presenting a valid identity card. If in a participating country exist a deviating legal regulation of legal capacity, the entrant declares with his entering to meet the legal requirements of the legal capacity of the country in which the entrant at the time of entering and submission of his photograph is domiciled. Each entrant may enter only once. In the event of anyone applying/entering more than once, only the first entry will be registered. Any and all further entries under the same surname, forename(s), date of birth and place of residence will be disregarded. Legal representatives and employees of the promoter, plus their dependants and any other third parties connected with this promotion are barred from entry.

3. Entry is free. Neither eligibility for entry nor having a chance of winning is dependent on purchasing any product.

4. The competition begins on 05.04.2020 and runs until 09.04.2020. The final date for entries for participation in the draw / competition closing date shall be 09.04.2020 at 11.59pm.

5. Only user with a public Instagram profile can participate. (Otherwise promoter can’t inspect the pictures)

6. In order to take part in the competition, entrants must accept the conditions of entry.

7. An individual takes part in the competition by taking a screenshot of their list of favourite articles from the promoters website (www.newyorker.de/products) and posting it on Instagram in their Instagram Story with the hashtag #fave2win. The Instagram profile of the individual who takes part in the competition has set to be public.

8. Two winners will be selected every day, who will each receive a NEW YORKER gift voucher in the value of 50 Euro. Ten vouchers will be given away within the specified competition period. The winners will be determined randomly among all participants.

9. The winners will be notified by the promoter via a message on Instagram not later than two weeks after the submission deadline 09.04.2020.

10. The winners must provide their full names and addresses within 24 hours of notification of the win being sent. Formal acceptance of the prize may be sent by e-mail to instagram@newyorker.de. If the notification of a win cannot be delivered, the potential winner shall lose all rights to the prize and another winner shall be drawn. Any prize that is not formally accepted will not be given out. A precondition for a winner under 18 years of age actually taking up the prize shall be consent to this being given to the promoter by the winner’s parents. In order to be able to take up the prize, the winner undertakes to provide the following details and documents: name, address and date of birth of the entrant, plus name and address of the parents and their written declaration of consent.

11. There shall be no cash alternative to the prize. The winner shall have no entitlement to have the prize paid out in material goods or to any swap of the prizes for any substitute. The winners’ prize shall not be transferable to any other person.

12. The promoter reserves the right to alter, discontinue or interrupt the competition and draw in whole or in part without prior notification if unforeseen circumstances arise. Such circumstances shall particularly include but not be limited to the occurrence of a computer virus, a programme error, unauthorised intervention by third parties and mechanical or technical problems that are beyond the promoter’s control and ability to influence.

13. If an entrant breaches any of these conditions of entry or provides false details, the promoter shall be entitled to bar said entrant from participation without having to give any reasons for this.

14. The promoter shall in accordance with legal provisions be liable to the entrant for any damage arising from loss of life, bodily injury or impairment of health caused by any wilful or negligent breach of duty. The promoter shall also be liable for losses covered by liability pursuant to mandatory statutory regulations, such as the German Product Liability Act, and in the case of any guarantees given. In all other cases the promoter shall be liable for minor negligence only if the promoter, its legal representatives, senior executives or other agents breach a contractual obligation, the fulfilment of which is fundamental to enabling the contract to be properly performed, the breach of which jeopardises achievement of the contractual purpose and adherence to which ought generally to be something on which the entrant could rely. In such cases liability shall be limited to typical and foreseeable losses. In all other cases the promoter shall not be liable for any minor negligence. In no circumstances the promoter shall be liable for any indirect and/or consequential loss or damage.

15. Through their participation, entrants confirm that they are the creator of the submitted photo and that the photo does not infringe rights of third parties. If the entrant provides incorrect assurances regarding copyright or usage rights to the detriment of the Promoter, the entrant will be liable to pay damages to the Promoter.

16. The entrant agrees that for purposes of organizing and processing the competition his personal data are collected, stored and used. The entrant is entitled at any time to revoke its consent to the collection, storage and use of his data. The Promoter agrees to comply with the data protection regulations. In particular, the data will be treated confidentially. Our data protection Information especially on competitions can be found in Section 9 Data Privacy Statement: https://www.newyorker.de/legal/privacy/

17. Responsible for the contest is exclusively the promoter. Instagram isn’t involved with this content.

18. Should any individual provision of these conditions of entry be or become invalid, illegal or unenforceable, this shall not affect the validity of the remainder of the conditions of entry. The invalid, illegal or unenforceable clauses shall be replaced by rulings, the effects of which come as close as possible to the business objective. The entrant may not transfer any and all rights arising from the legal relationship on which these conditions of entry are based to any third party. The law of the Federal Republic of Germany shall apply. The judges’ decision is final and no correspondence will be entered into.

©2020 NEW YORKER

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