Terms & Conditions of participation for the Instagram giveaway by CANVASMAP
These terms and conditions apply to participation in the CANVASMAP Instagram giveaway ("Giveaway"). The giveaway is organised by Pham, Pohler and Schumann GbR, Zentralstr. 1, 04109 Leipzig, Germany ("Promoter"). The giveaway takes place via the online platform Instagram and is in no way sponsored, supported or organised by Instagram.
You can find more information about the organiser here: https://canvasmap.art/policies/legal-notice
1. participation in the giveaway
1.1 Participation is voluntary and free of charge. Participation and the chances of winning are independent of the purchase of goods or the use of services.
1.2 Any natural person over the age of eighteen (18) is eligible to participate. Employees of the organiser and their relatives are not permitted to participate.
1.3 Participation is exclusively via Instagram is possible with a public OR private account.
1.4 Participation in the giveaway takes place in four (4) steps:
a) Follow the Instagram account of "canvas.map".
b) Follow the Instagram account of "fabianheigel".
c) Press the "Like" button for the photo of this giveaway on "canvas.map".
d) Comment and link two (2) friends below the giveaway post.
1.5 The steps for this giveaway can be submitted from 24.04.2023 to 30.04.2023 ("running time") in accordance with clause 1.4 above. The closing date for entries is therefore 30.04.2023 10pm.
2 Winnings, prize determination
2.1 After the end of the giveaway period, one (1) winner will be selected at random.
2.2 The one (1) winner will receive 1x print "Margaritas on the Beach" by Fabian Heigel in size Medium ("A") with a value of 290€.
2.3 All participants who receive a prize in accordance with clause 2.2 above ("Winners") will be notified by the Promoter via the "Instagram Direct" messaging function after the prize has been determined. If a Winner does not contact the Promoter within two (2) weeks of receipt of the notification, the Winner's entitlement to the relevant prize will lapse.
2.4 The right to a prize is not transferable.
2.5 The equivalent value of a prize will not be paid out in cash.
4.1 Claims for damages by the participant are excluded. Excluded from this are claims for damages by the participant arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the organiser, its legal representatives or vicarious agents. 4.2.
4.2 In the event of a breach of material contractual obligations, the organiser shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the participant's claims for damages arise from injury to life, limb or health.
4.3 The restrictions of the preceding paragraphs also apply in favour of the legal representatives and vicarious agents of the organiser if claims are asserted directly against them.
4.4 The provisions of the Product Liability Act remain unaffected.
5. data protection
5.2 For visitors to the website, the data protection provisions of the organiser also apply at https://canvasmap.art/policies/privacy-policy.
6. final provisions
6.1 The organiser reserves the right to exclude participants from taking part in the giveaway in the event of violations of the conditions of participation. The same applies if participants use manipulation or other dishonest means or attempt to influence the giveaway in any other unfair manner.
6.2 The organiser also reserves the right to cancel the giveaway in whole or in part. This applies if the prize draw cannot run as planned for any reason, such as computer viruses, software and hardware faults and/or other technical and/or legal reasons which affect the administration, security, integrity and/or regular and proper running of the prize draw.
6.3 Legal recourse is excluded.
6.4 These terms and conditions of participation shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. However, the choice of law does not result in a consumer being deprived of the protection afforded to him by the mandatory provisions of the state in which he has his habitual residence.