These Terms and Conditions are up to date as of April 7, 2024.
General
These Terms and Conditions govern participation in the Instagram contest “$10,000 Active Escape Giveaway”.
1. SCOPE
The “$10,000 Active Escape Giveaway” contest (the “Contest”) is organized by ASUKA APPAREL GmbH, located at Seeweg 5, 23777 Heringsdorf, Germany (the “Organizer” or “ASUKA APPAREL GmbH”). The Contest is not sponsored, endorsed, or organized by Facebook, Instagram, or Twitter and is not associated with these platforms. The Contest and prizes are subject to these Terms and Conditions, which constitute a legally binding agreement regarding this Contest between the Organizer and each person participating in the Contest (the “Participant”). Please read these carefully. If you do not agree to the Terms and Conditions, you are not eligible to participate in the draw or win any of the prizes. The Organizer’s decisions are final and binding in all aspects of this draw, to the extent permitted by law. The draw is conducted and sponsored entirely independently of local government bodies or tenders by ASUKA APPAREL GmbH.
2. ELIGIBILITY
2.1 Participation is open to any natural person acting in their own name, who is at least 18 years old.
2.2 The Organizer reserves the right to exclude individuals who violate these Terms and Conditions or who seek to gain an advantage over other participants through unauthorized influence or manipulation of the Contest. In such cases, the Organizer may also exclude participants from the Contest retrospectively, revoke prizes, and demand their return.
2.3 Participation is only possible within the period specified in the Contest description. Each participant may only enter an identical contest once.
2.4 Employees of the Contest organizer, as well as employees of companies involved in this Contest and their immediate family members, are excluded from participation.
2.5 Eligible participants in this Contest are residents of Aruba, Austria, Albania, Costa Rica, Croatia, Denmark, Andorra, United Arab Emirates, Antigua and Barbuda, Anguilla, Armenia, Angola, Argentina, Australia, Azerbaijan, Bosnia and Herzegovina, Barbados, Bangladesh, Belgium, Burkina Faso, Bulgaria, Bahrain, Burundi, Benin, Bermuda, Brunei Darussalam, Bolivia, Brazil, Bahamas, Bhutan, Botswana, Belize, Canada, Congo-Brazzaville, Ivory Coast, Cook Islands, Chile, Cameroon, China, Colombia, Cape Verde, Cyprus, Czech Republic, Djibouti, Dominica, Germany, Dominican Republic, Algeria, Ecuador, Estonia, Egypt, Spain, Ethiopia, Fiji, Falkland Islands, Faroe Islands, France, Gabon, Grenada, Georgia, French Guiana, Guernsey, Ghana, Gibraltar, Greenland, Gambia, Guinea, Guadeloupe, Equatorial Guinea, Greece, Guinea-Bissau, Guyana, Hong Kong SAR, Honduras, Haiti, Hungary, Indonesia, Ireland, Israel, Isle of Man, India, Iceland, Italy, Jersey, Jamaica, Jordan, Japan, Kenya, Kyrgyzstan, Cambodia, Kiribati, Comoros, St. Kitts and Nevis, South Korea, Kuwait, Cayman Islands, Kazakhstan, Laos, Lebanon, St. Lucia, Liechtenstein, Liberia, Lesotho, Lithuania, Luxembourg, Latvia, Morocco, Monaco, Moldova, Montenegro, Madagascar, North Macedonia, Mongolia, Macau SAR, Martinique, Mauritania, Montserrat, Malta, Mauritius, Maldives, Malawi, Mexico, Malaysia, Namibia, Nigeria, Nicaragua, Netherlands, Romania, Finland, United Kingdom, St. Barthélemy, Switzerland, Curaçao, Guatemala, Sri Lanka, St. Martin, Mozambique, New Caledonia, Norway, Nepal, Nauru, Niue, New Zealand, Oman, Panama, Peru, French Polynesia, Papua New Guinea, Philippines, Pakistan, Poland, Portugal, Paraguay, Qatar, Réunion, Serbia, Rwanda, Saudi Arabia, Solomon Islands, Seychelles, Sudan, Sweden, Singapore, St. Helena, Slovenia, Slovakia, Sierra Leone, San Marino, Suriname, São Tomé and Príncipe, El Salvador, Sint Maarten, Eswatini, Turks and Caicos Islands, Chad, Togo, Thailand, Timor-Leste, Turkmenistan, Tunisia, Tonga, Turkey, Trinidad and Tobago, Tuvalu, Taiwan, Tanzania, Uganda, United States, Uruguay, Uzbekistan, Vatican City, St. Vincent and the Grenadines, Venezuela, British Virgin Islands, Vietnam, Vanuatu, Wallis and Futuna, Samoa, Mayotte, South Africa, Zambia, and Zimbabwe.
2.6 The Organizer is entitled to exclude entries that are pornographic, sexist, racist, Nazi, glorifying violence, or commercial in nature from participation in the Contest.
2.7 The Organizer is entitled to exclude participants suspected of violating these Terms and Conditions or the rules of the game from participation in the Contest.
2.8 The Organizer is entitled to exclude participants in the event of manipulation of any kind and extent without further explanation, and to revoke and demand the return of prizes if necessary. In particular, the use of technical aids, such as scripts for automated registration and participation, is not permitted and leads to exclusion from the Contest and possibly to the revocation and return of prizes.
3. AGREEMENT TO THE TERMS
All participants are bound by these Terms and Conditions. Any interpretations of these official rules by ASUKA APPAREL GmbH are final. By registering for this Contest and/or signing up to participate in the Contest, you agree to these Terms and Conditions. By participating in the Contest, you agree to the official rules and agree that any interpretations of these official rules by ASUKA APPAREL GmbH, to the extent legally permissible, are final.
4. CONTEST PERIOD
This Contest begins on April 7, 2024, at 00:00 (local time in Germany) and ends on May 7, 2024, at 23:59 (local time in Germany).
5. HOW TO PARTICIPATE IN THE CONTEST
5.1 You must meet the participation requirements listed under item 2 and can participate in the Contest before the end of the Contest period (see item 4.) by following @morotaiofficial and @freeletics on Instagram, liking the relevant Reel, and commenting on which 3 people share your adventurous spirit. Sharing the post is optional.
5.2 This is a free Contest. No purchase is necessary to enter the draw. A purchase with the code "WINMAX" triples your chances of winning; please indicate your Instagram name in the note field when purchasing or send us a direct message with the order number.
5.3 Each participant may only enter the Contest once.
6. PRIZES
6.1 The prize includes a 7-day all-inclusive trip for 2 people to Robinson Club Cap Verde, including flights, $2000 in MOROTAI sportswear equipment ($1000 per person) in the form of a voucher on morotai.com, and lifetime access to Freeletics (€500) for one person.
6.2 The actual value of the Contest prize may vary, as factors such as the booking time and departure location can influence the price of accommodation
and flights. The value of the trip was calculated based on certain assumptions and estimated at $7500. With the additional winnings, the total value amounts to $10000.
6.3 A change or cash payment of the prize is excluded. The prize is not transferable.
6.4 The travel period is set between August 1 and October 31, 2024.
8. PRIZE FULFILLMENT
8.1 On May 10, 2024, entries from eligible participants who have properly participated according to item 5 will be entered into a computerized random drawing. One (1) winner will be drawn. The winner will receive a prize notification via the official Instagram account of MOROTAI by direct message. The winner has forty-eight (48) hours to respond to the prize notification. If the Organizer does not receive a corresponding message within this period, the opportunity to accept the prize will be forfeited, and the Organizer reserves the right to determine and notify another participant accordingly.
8.2 The Organizer and the partner(s) are entitled to publish the names of the winners on the internet as part of the Contest. There is no entitlement to publication.
8.3 If the prize is a tangible item, fulfillment will be carried out by the Organizer or by a specialist dealer or other third party. The prize will be shipped to the address provided by the winner. If the address provided by the winner is incorrect and/or the prize cannot be delivered for reasons attributable to the winner, the claim to the prize will be forfeited.
8.4 If the prize is a trip, fulfillment will be carried out by the Organizer. The Organizer will contact the winners regarding the specific booking of the trip. In particular, telephone bookings cannot be made. The trip must generally be taken at the time specified by the Organizer. If the trip is not taken at the corresponding time, the travel prize will be forfeited. There is no claim for reimbursement of costs for the trip not taken. With the confirmation of the trip by the winner, it is subject to the travel conditions of the respective organizer and/or other service provider. Any additional expenses caused by the winner, such as due to a travel date change approved by the Organizer at the winner's request, must be borne by the winner. The winner organizes the journey to and from the respective departure location themselves. All costs incurred for this are borne by the winner. All private costs incurred during the trip, such as telephone, minibar, taxi, etc., are also paid by the winner. The same applies to fees and deposits. The winner is also responsible for fulfilling all entry requirements for international travel. If travel cannot commence due to missing visas, passports, etc., no cash payment will be made. Rebookings in this case are at the discretion of the travel organizer.
9. WARRANTY
The Organizer is only liable for damages to the winner resulting from material and/or legal defects in cases of deceit, intent, or gross negligence. Otherwise, liability for material and/or legal defects is excluded.
10. MISCELLANEOUS
10.1 The legal process regarding the Contests is excluded.
10.2 The possible invalidity of individual provisions does not affect the validity of the remaining provisions.
10.3 The Organizer is entitled to terminate, adjust, or modify the Contest at any time without prior notice and without stating reasons if proper execution of the Contest cannot be guaranteed without such measures for technical or legal reasons.
11. APPLICABLE LAW
The legal relations of the parties are governed by the law of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that the protection provided by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
12. DATA PROTECTION
Responsible for data processing in connection with the Contest is:
ASUKA APPAREL GmbH
Seeweg 5
23777 Heringsdorf
The named responsible party is jointly responsible for data processing on the Instagram fan page where the Contest is hosted, together with Instagram (platform operator is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) pursuant to Art. 26 GDPR.
12.1. Processing of your personal data in the context of the Contest
We process your personal data for the proper execution and handling of the Contest, especially for sending the prize.
For the execution of the Contest, the profile name, and, if available, the first and last name of the respective participant are collected and stored. To send the prize, we collect the first and last name as well as the address from the winner(s) and pass this data on to a shipping company commissioned by us. Your data will not be passed on to third parties beyond this.
The legal basis for these processing of your personal data is Art. 6 Para. 1 lit. b GDPR (execution of pre-contractual measures and fulfillment of a contract).
If we publish the first and last name of the winner(s) separately on our profile or fan page or externally, such as in our online shop, this is only done with the prior obtained, explicit consent of the winner(s) according to Art. 6 Para. 1 lit. a GDPR.
12.2. Storage duration
After the Contest has ended, your personal data processed in the context of the Contest will be deleted no later than three months after the end of the Contest, provided there is no valid consent for further processing (e.g., regarding newsletter dispatch) and/or there is no legitimate interest on our part in further storage.
12.3. Your rights as a data subject
The applicable data protection law grants you the following rights as a data subject:
- Right of access by the data subject according to Art. 15 GDPR:
You have the right to obtain confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data and the following information: the purposes of the processing; the categories of personal data concerned; the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal data are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
- Right to rectification according to Art. 16 GDPR:
You have the right to obtain without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- Right to erasure (‘right to be forgotten’) according to Art. 17 GDPR:
You have the right to obtain the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long
as the processing is not necessary: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing; you object to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2); the personal data have been unlawfully processed; the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject; the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
- Right to restriction of processing according to Art. 18 GDPR:
You have the right to obtain restriction of processing where one of the following applies: the accuracy of the personal data is contested by you, for a period enabling the controller to verify the accuracy of the personal data; the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead; the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; you have objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override yours.
- Right to be informed according to Art. 19 GDPR:
Where you have asserted your right to have personal data corrected, deleted or restricted by the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability according to Art. 20 GDPR:
You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1), and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
- Right to withdraw consent according to Art. 7(3) GDPR:
You have the right to withdraw your consent to processing of your personal data at any time. If you withdraw your consent, we will delete the data concerned immediately, provided further processing cannot be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
- Right to lodge a complaint according to Art. 77 GDPR:
If you consider that the processing of personal data relating to you infringes the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. This right is without prejudice to any other administrative or judicial remedy.
CONTACT
ASUKA APPAREL GmbH
Seeweg 5
23777 Heringsdorf
Phone: 07231 / 2033 125
Email: support@morotai.com