Sweepstakes

Conditions of participation

Conditions of participation - 'Chalkidiki Special 2023 

1. scope/organizer

These conditions of participation apply to the competition 'Chalkidiki Special 2023' on the Beach me Instagram page (https://www.instagram.com/beachme.camps). The organizer of the competition is Beach me GmbH, Bogenstraße 17, 20144 Hamburg, Germany.  

These conditions of participation apply to the competition. By participating in the competition the conditions of participation are accepted. 

2. duration and closing date

The competition will take place in the period from 04.05.2023, 17:30 until 07.05.2023, 23:59. 

Within the sweepstakes period, there is the possibility to participate in the sweepstakes until 07.05.2023 at 23:59 (see "Opportunities to participate"). Entries or comments outside of this period will not be considered.  

3. eligibility

Every natural person of full age ("participant") is entitled to participate. 

Employees of Beach me GmbH as well as relatives and household members of the named persons are excluded from participation. Also excluded from participation are retailers, agencies and suppliers who have business relations with Beach me GmbH, as well as their employees.  

Participation on behalf of third parties, in particular by lottery agencies, as well as participation with the aid of automatically generated mass mailings is not permitted.  

4. participation possibilities

At the beginning of the above-mentioned competition period, a post will be published on the above-mentioned Instagram page as an opportunity to participate. Under this post, the participant must post a comment (until the closing date mentioned above) in which he or she answers the question or solves the task mentioned in the call (see post on the Beach me Instagram page from 04.05.2023, 17:30). To leave a comment, the user must have an Instagram account and be logged in. In case of multiple comments from the same participant, the first comment will be taken into account.  

5. winnings, determination of winners, notification of winnings, handover and forfeiture

5.1 Profits  

The following prizes will be raffled among the participants: 

3 x 200 Euro and 7 x 100 Euro discount voucher to redeem for one of the Beach me Camps in Chalkidiki in the period 27.05.-17.06.2023. The voucher is only valid when booking the TNT total package. In addition, all beach buddies named by the participant will also receive a 50 Euro discount voucher on their booking, provided they book together with the winner. The voucher is not retroactively applicable to trips already booked before the start of the competition period.

The chances of winning depend on the number of valid entries. An exchange, (cash) payment of the prize or transfer of the right to win is not possible. Beach me GmbH reserves the right to exchange a prize with another comparable prize if the prize offered is not available for any reason. Beach me GmbH shall not be liable for any consequential costs that may arise as a result of the prize.  

5.2 Profit determination 

Only the winners will be drawn from all comments on the basis of the specified criteria*. Beach me reserves the right to exclude individual participants from the competition without stating the reasons. The winners will be drawn by Beach me GmbH on 08.05.2023.  

*All persons who have answered the question/task specified in the call are entitled to participate in the prize.

5.3 Notification of winnings/forfeiture of winnings 

After the determination of the winners, they will be notified on 08.05.2023 by means of a comment by https://www.instagram.com/beachme.camps below their comments about the prize. At the same time, the winners will be asked to send their details (name, address and telephone number) by e-mail to info@beachme.de. The prizes will then be sent by post or via e-mail.

If the winners do not respond within four days of receiving notification from Beach me GmbH, the winners will lose their eligibility to win. This also applies if false contact details are provided or the conditions of participation are breached. The claim to the prize shall also be forfeited if the prize cannot be handed over within four weeks of the first notification of the prize and the reasons for this lie in the person of the winning party. In such cases, a replacement winner will be drawn, provided that the prize is still redeemable.

6. liability

Any liability of Beach me GmbH with regard to damages incurred in connection with participation in the competition or in connection with the distribution of the prizes is excluded. In particular, any liability for lost chances of profit due to a technical fault is excluded. The exclusion of liability does not apply to damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by Beach me GmbH or a legal representative or vicarious agent of Beach me GmbH. Furthermore, the exclusion of liability does not apply to other damages caused by an intentional or grossly negligent breach of duty by Beach me GmbH or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent. Furthermore, the exclusion of liability does not apply to typically foreseeable damages that are based on an intentional or negligent violation of essential obligations by Beach me GmbH, a legal representative or a vicarious agent, the fulfilment of which is essential for the proper execution of the competition and on the compliance with which the participant may rely. Liability under product liability law remains unaffected.  

7. data protection

Personal data (e.g. name, address or date of birth) will only be stored and used by Beach me GmbH for the purpose of carrying out the competition. The data will only be transmitted to third parties if this is necessary for the execution of the sweepstakes and is legally permissible. Beach me GmbH will not use the data beyond the aforementioned scope unless it has been given express consent to do so. The stored data will be deleted no later than 6 weeks after the end of the competition.  

You have the option to check, change or delete the data stored by Beach me GmbH at any time by sending us an e-mail to info@beachme.de.  

You also have the right to revoke your consent with effect for the future at any time. The deletion of the stored personal data takes place if you revoke your consent to storage. Further participation in the competition is no longer possible after the data has been deleted.  

7.1 Update/deletion of your personal data 

The controller processes and stores the personal data of the data subject only for the period of time necessary to achieve the storage purpose or if provided for by the European Directive and Regulation Body or another legislator in laws or regulations to which the controller is subject.  

If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.  

Every data subject shall have the right, granted by the European directive and regulation maker, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she can contact our data protection officer or another employee responsible for processing the data at any time.  

Any data subject involved in the processing of personal data has the right, granted by the European directive and regulation maker, to obtain at any time, free of charge, from the controller, information about the personal data relating to him or her stored and a copy of that information. In addition, the European legislator has provided the data subject with the following information:   

- the processing purposes

- the categories of personal data that are processed

- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations

- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration

- the existence of a right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or a right to object to such processing

- the existence of a right of appeal to a supervisory authority

- if the personal data are not collected from the data subject: All available information about the origin of the data

- the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject

The data subject also has the right to know whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.  

If a data subject wishes to exercise this right to information, he or she can contact our data protection officer or another employee of the data controller at any time.  

Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.  

If a data subject wishes to exercise this right of rectification, he or she can contact our data protection officer or another employee of the data controller at any time.  

Any person data subject to the processing of personal data shall have the right, granted by the European directive and regulation, to require the controller to erase without delay personal data concerning him which are subject to one of the following conditions and to the extent that the processing is not necessary:  

- The personal data were collected or otherwise processed for purposes for which they are no longer necessary.

- The data subject revokes the consent on which the processing was based pursuant to Art. 6(1)(a) DSGVO or Art. 9(2)(a) DSGVO and there is no other legal basis for the processing.

- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject. The personal data were collected in relation to information society services offered pursuant to Art. 8 (1) DSGVO.  

If one of the above reasons applies and a data subject wishes to have personal data stored by Beach me GmbH deleted, he or she can contact our data protection officer or another employee of the data controller at any time. The data protection officer of Beach me GmbH or another employee will ensure that the request for deletion is complied with immediately.  

If the personal data has been made public by Beach me GmbH and our company, as the responsible party, is obliged to delete the personal data in accordance with Art. 17 Para. 1 DSGVO, Beach me GmbH will take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested that these other data controllers delete all links to these personal data or copies or replications of these personal data, unless the processing is necessary. The data protection officer of Beach me GmbH or another employee will arrange the necessary in individual cases.  

Any person data subject to the processing of personal data has the right, granted by the European directive and regulation, to request the controller to limit the processing if one of the following conditions is met:  

The accuracy of the personal data is contested by the data subject for a period of time which allows the data controller to verify the accuracy of the personal data.  

The processing is unlawful, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.  

The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal claims.  

The data subject has lodged an objection against the processing pursuant to Art. 21 (1) DSGVO and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.  

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by Beach me GmbH, he/she may contact our data protection officer or another employee of the data controller at any time. The data protection officer of Beach me GmbH or another employee will arrange for the restriction of the processing.  

Any data subject involved in the processing of personal data has the right, granted by the European directive and regulation, to obtain personal data concerning him or her which have been provided by the data subject to a controller in a structured, common and machine-readable format. It also has the right to communicate this data to another data controller without being hindered by the controller to whom the personal data have been provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority assigned to the controller.  

Furthermore, when exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller, to the extent that this is technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.  

In order to assert the right to data transfer, the person concerned can contact the data protection officer appointed by Beach me GmbH or another employee at any time.  

Any person concerned by the processing of personal data has the right granted by the European directive and regulation to object at any time to the processing of personal data concerning him on the basis of Art. 6 para. 1 lit. e or f DSGVO for reasons arising from his particular situation. This also applies to profiling based on these provisions.  

In the event of an objection, Beach me GmbH will no longer process the personal data, unless we can prove compelling reasons for processing worthy of protection, the interests, rights and freedoms of the person concerned outweigh the data, or the processing serves to assert, exercise or defend legal claims.  

If Beach me GmbH processes personal data in order to carry out direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is associated with such direct mail. If the person concerned objects to Beach me GmbH processing the data for the purposes of direct advertising, Beach me GmbH will no longer process the personal data for these purposes.  

In addition, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out at Beach me GmbH for the purposes of scientific or historical research or for statistical purposes in accordance with Article 89, paragraph 1 of the DPA, unless such processing is necessary for the performance of a task carried out in the public interest.  

In order to exercise the right of objection, the person concerned may contact the data protection officer of Beach me GmbH or another employee directly. The data subject shall also be free to exercise his right of objection in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications. 

Any person data subject to the processing of personal data shall have the right, granted by the European directive and regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner, provided that the decision  

(1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or

(2) is authorised by Union or national legislation to which the data controller is subject and contains appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or

(3) with the express consent of the data subject.

Is the decision 

(1) necessary for the conclusion or performance of a contract between the data subject and the person responsible; or

(2) it shall be carried out with the express consent of the data subject,

Beach me GmbH shall take reasonable measures to safeguard the rights and freedoms and the legitimate interests of the data subject, which shall include at least the right to obtain the intervention of a person by the responsible person, to express his or her point of view and to contest the decision.  

If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact our data protection officer or another employee of the data controller for this purpose.  

Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to revoke consent to the processing of personal data at any time.  

If the data subject wishes to exercise his/her right to revoke his/her consent, he/she can contact our data protection officer or another employee of the data controller at any time.  

Art. 6 para. 1 lit. a DSGVO serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 para. 1 lit. b DSGVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Art. 6 para. 1 lit. c DSGVO. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our business was injured and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on Art. 6 (1) (d) DSGVO. Ultimately, processing operations could be based on Art. 6(1)(f) DSGVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47 sentence 2 DSGVO).  

If the processing of personal data is based on Art. 6 para. 1 lit. f DSGVO, our legitimate interest is the conduct of our business activities for the benefit of all our employees and shareholders.  

If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data as well as revocation of consents given or objections to a specific use of data, please contact us directly:  

Beach me GmbH Bogenstraße 17
20144 Hamburg
https://www.beachme.de info@beachme.de

Company data protection officer: 

Mischa Urbatzka 

You can reach our data protection officer at: info@beachme.de 

Beach me and associated words and designs are trademarks of Beach me GmbH ©2022 

8. instagram disclaimer

This sweepstakes is not affiliated with Instagram and is in no way sponsored, endorsed or organized by Instagram. Instagram is not available as a contact person for the sweepstakes. Beach me GmbH is only responsible for the collection, processing and use of the above data. For all other data uses that occur when using Instagram, Instagram is the responsible party. Further information on the collection, storage and use of data can be found in the Instagram privacy policy https://help.instagram.com/519522125107875.  

 

9. suspension and modification of the conditions of participation

Beach me GmbH reserves the right to cancel the competition at any time without prior notice if the execution of the competition is not (no longer) possible for legal, factual or other reasons. Beach me GmbH also reserves the right to change these conditions of participation. This does not apply to the regulations on data protection.  

10. exclusion

Beach me GmbH reserves the right to exclude participants from participation for important reasons. This applies in particular in the event of violations of these conditions of participation or in the event of identified or possible violations of the law or if a participant uses manipulation or other dishonest aids. The participant is responsible for any legal violations such as illegal contributions, insults, false fact, trademark, competition or copyright violations contained.

11 Applicable law

German law shall apply to all claims in connection with participation, the execution of the competition and the distribution of prizes. Exclusive place of jurisdiction for all claims is Hamburg, Germany.  

12. transfer of rights of use and exploitation

By participating in the competition, the participant grants Beach me GmbH the image rights to the images published on Instagram under the competition post for reproduction, distribution, exhibition, presentation and public communication.

13.other

Legal recourse is excluded. Should individual provisions of these conditions of participation be invalid, this shall not affect the validity of the remaining provisions.  

Beach me and associated words and designs are trademarks of Beach me GmbH ©2022 07

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