1. Competition

These terms and conditions for participation (hereinafter “Terms”) apply to the JACK WOLFSKIN “12 Month of Discovery Raffle in September” competition (hereinafter “Competition”). The Competition is in no way sponsored endorsed or administered by Instagram. Contact person and person responsible is only JACK WOLFSKIN Ausrüstung für Draussen GmbH & Co. KGaA, Jack Wolfskin Kreisel 1, 65510 Idstein, Germany, e-mail info@jack-wolfskin.com (hereinafter “JACK WOLFSKIN”) .

2. Eligibility

The Competition is open to all Instagram Users with a valid Instagram account regardless of the place of residence. Participants must be 18 years or older. If a participant is restricted in his legal capacity, the consent of his legal representative is required. Only one entry to the Competition on the official Instagram account of JACK WOLFSKIN per day is allowed per person. Employees, relatives and sales partner of JACK WOLFSKIN, JACK WOLFSKIN STORES and ASI Reisen GmbH are not permitted to enter. Any entries made using an automated service (competition entry services) will be automatically excluded from the Competition. If the conditions for exclusion are met, prizes may be subsequently withdrawn or prizes already paid out or delivered may be reclaimed. Participants can only take part in their own name and own Instagram account. By participating, the participants agree that their names may be published on the JACK WOLFSKIN Instagram channel.
JACK WOLFSKIN reserves the right to exclude persons from participation who violate these conditions of participation or gain or seek to gain an advantage over other participants by improperly influencing or manipulating the competition. In these cases JACK WOLFSKIN can also subsequently exclude participants from the competition, withdraw prizes and reclaim them.

3. The competition process

The entire Competition begins on September 4, 2023 at 0:00 (CET) and closes on September 14, 2023 at 23:59pm (CET) (hereinafter “Competition Period”). Entries received after this deadline will not be eligible. The Competition takes place on the official Instagram account of JACK WOLFSKIN (@jackwolfskin). To take part in the Competition, the participant must follow JACK WOLFSKIN on Instagram and then comment on the post posted on @jackwolfskin which explicitly refers to the Competition (hereinafter ,,competition post’’). JACK WOLFSKIN will publish the competition post during the competition period. This post can be commented accordingly by the participants. By commenting on the competition post, the respective Instagram account automatically takes part on the Competition. Only one comment per person per day is allowed.
The Competition entry does not require the purchase of any JACK WOLFSKIN products, nor does this increase chances of winning the competition.

4. Prize

The participants of the Competition will be randomly select for a total of two (2) main prizes, each consisting of:

Two (2) places on an fifteen (15) day trip to Moracco, conducted by Alpinschule Innsbruck GmbH (ASI), which includes the following services (hereinafter "Prize"):

• Flight to Casablanca and back from Marrakech
• Airport and security fees
• 11 nights in selected middle class hotels and Kasbahs, rooms with bath/shower and WC
• 3 nights in Erg Chebbi desert, mobile tent camp
• 14x breakfast, 4x lunch, 13x dinner
• All transfers according to itinerary
• Luggage transport by camels in the desert
• Escort team (cook, camel guide) in the desert
• All entrance fees as per itinerary
• Voucher for travel literature
• Daily drinking and usable water during the desert trekking
• Guidance and support by local ASI guide
• One special JACK WOLFSKIN outfit (either for men or women) consisting of at least 4 pieces such as a jacket, trousers, top, shoes with a total amount of about EUR 650,00.

The general terms and conditions of the:

Alpinschule Innsbruck GmbH
Tschurtschentalerhof 1
A-6161 Natters / Tirol
Austria

which are available here (https://www.asi-reisen.de/agb) and which are accepted by the Participant by starting the journey.

The expedition trip is currently planned in 2023. JACK WOLFSKIN reserves the right to postpone the travel period or location if ASI specifies a different date for the expedition trip. In this case, the entitlement to participate in the adventure trip shall lapse. JACK WOLFSKIN is entitled to replace the prize with a prize of the same value and for a similar purpose if, contrary to expectations, the prize is not available.

Any additional costs incurred by the winner in connection with claiming the prize, e.g. in connection with travel to and from the home and destination airports or during the stay in connection with the prize (e.g. foreign health insurance, any additional food and drink or other expenses), will not be reimbursed by JACK WOLFSKIN insofar as they exceed the designated prize contents and will be borne by the winner. Each winner is responsible for any resulting taxes in connection with the prize.

During the trip, the winners will shoot a short video and photos with the most beautiful landscape, nature and/or similar impressions during their trip and make it available to JACK WOLFSKIN for promotional purposes. The winners will also be available for an interview after the trip.

For the sake of clarity, it is pointed out that JACK WOLFSKIN only arranges a contract with a third tour operator; JW does not act as a tour operator itself. The tour operator's travel regulations apply at the start of the trip.

5. Competition procedure

From all valid entries, two winners will be selected at random by employees of JACK WOLFSKIN Ausrüstung für Draußen GmbH & Co. KGaA. JACK WOLFSKIN will announce the winner via the Jack Wolfskin Instagram stories and tag the winners’ Instagram profiles on September 15, 2023. The tagged winner then has to contact JACK WOLFSKIN via Direct Message (DM). If the winner fails to contact JACK WOLFSKIN within three days, the claim to the prize will lapse without compensation. JACK WOLFSKIN will then determine a new winner. The Winner has to provide JACK WOLFSKIN all necessary data to submit the prize; these are in particular: Name, Email Address and Address where the prizes (JACK WOLFSKIN products) should be shipped.

The prizes (travel vouchers) will be send out via E-Mail to the winners within seven (7) working days after contacting JACK WOLFSKIN. The prizes (JACK WOLFSKIN products) will be send to the winners by Mail within four (4) weeks after contacting JACK WOLFSKIN. The delivery period may be postponed in case of unavailability of the goods or delivery problems.

By participating in the competition, the participants agree that in the event of a win their Instagram account names will be published on the JACK WOLFSKIN Instagram account and in the JACK WOLFSKIN Instagram story. The date and time of the Competition is subject to change. Entitlement to the prize may not be transferred or assigned to others. Switching to a cash replacement instead of the respective price is not possible

6. Liability

JACK WOLFSKIN shall only be liable – irrespectively of the legal grounds – if JACK WOLFSKIN is responsible for a breach of duty, the fulfilment of which is a prerequisite for the proper implementation of this Competition, the breach of which jeopardizes the achievement of the purpose of the Competition or the observance of which the participant/winner can regularly rely on (cardinal obligation). In this case, JACK WOLFSKIN's liability is limited to foreseeable damage typical of the contract. Liability for missed savings or other remote consequential damages is excluded. Liability for material defects and defects of title of the Prize is also excluded. In particular, JACK WOLFSKIN accepts no liability for (i) errors in the transmission of data, (ii) theft or destruction of or unauthorized access to or alteration of participant data, (iii) technical faults of any kind and (iv) damage to the computer of an participant or any other person caused as a result of entering the Competition.
The above limitations or exclusions of liability also apply to the personal liability of JACK WOLFSKIN's officers, employees and agents.

In all other respects, JACK WOLFSKIN shall be liable without limitation insofar as it can be accused of gross negligence or intent. In the event of injury to life, limb or health, JACK WOLFSKIN shall also be liable for slight negligence.

The contributions published by participants may not be illegal, i.e. in particular they must not contain any insults or false statements of fact or infringe intellectual property rights; in this case JACK WOLFSKIN is released from liability towards third parties.

6.a Additional Disclaimer for Trip Defects

If the prize is a trip in which JACK WOLFSKIN is exceptionally to be regarded as a tour operator, and if the prize draw participant has provided real consideration, the following applies in addition to Section 6:

The contractual liability of JACK WOLFSKIN for damage that is not bodily harm is limited to three times the travel price,

• if damage to the participants is not caused intentionally or through gross negligence by the organizer or
• insofar as the organizer is responsible for damage incurred by the traveler solely due to the fault of a service provider (e.g. airline, hotel).

JACK WOLFSKIN is not liable for service disruptions, personal injury and damage to property in connection with services that are only mediated as third-party services if these services are recognizable to the traveler as not part of the tour operator's travel services. This does not apply if the damage to the traveler is caused by the violation of the organizer's duties to provide information, provide information and organize the event.

For the sake of clarity, we would like to point out that JACK WOLFSKIN is not liable for travel defects anyway, provided that he does not act as a tour operator (i.e. does not put together a total of travel services on his own responsibility, but only arranges a contract with a third tour operator, or the winner does not provide any significant performance had to be provided in order to be able to participate in the competition.

7. Cancellation and changes to the Competition

JACK WOLFSKIN reserves the right to cancel, amend or postpone the Competition at any time without giving prior notice if it turns out that the Competition cannot be run in an orderly manner due to actual or legal reasons. In such an instance, JACK WOLFSKIN will not accept any liability or any requests for compensation. Especially in the following cases JACK WOLFSKIN is entitled to cancel, amend or postpone the Competition:

I) Changing of the promotion guidelines by Instagram, in a way that promotion cannot be realized under valid regulations; cancellation of the contest by Instagram for whatever reasons.

II) Technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; the unavailability or inaccessibility of any transmissions, telephone, or Internet service.

8. Data protection

Responsible for data processing in connection with the competition is JACK WOLFSKIN Ausrüstung für Draussen GmbH & Co. KGaA, Jack Wolfskin Kreisel 1, 65510 Idstein, Germany.

JACK WOLFSKIN and Instagram (platform operator is Facebook Ireland Ltd., Grand Canal Square, Grand canal Harbour, Dublin 2 Ireland) are jointly responsible for data processing within meaning of Art.

Processing of your personal data in the context of the competition:

We process your personal data for the proper implementation and processing of the competition and in particular for sending the prize.

To carry out the competition, the profile name and, if available, first and last name of the respective participant are collected and stored. In order to send the prize, we also collect the surname and first 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 this processing of your personal data is Art. 6 Para. 1 lit. b GDPR (implementation of pre-contractual measures and fulfillment of a contract).

If we publish the first and last name of the winner separately on our profile or our fan page or announce them externally, e.g. in our online shop, this will only be done if the winner have given their express consent beforehand in accordance with Article 6 (1) (a) GDPR.

Saving of data:

After the end of the competition, your personal data processed as part of the competition will be deleted no later than three months after the completion of the trip, unless you have given effective consent to further processing (e.g. with regard to sending the newsletter) and/or we have no legitimate interest in further storage.

The applicable data protection law grants you the following rights as a data subject

Right of information according to Art. 15 GDPR:

In particular, you have a right to information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data was or will be disclosed, the planned storage period or the criteria for the Determination of the storage period, the existence of a right to correction, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if they were not collected from you by us, the existence of automated decision-making including profiling and if applicable, meaningful information about the logic involved and the scope and intended effects of such processing on you, as well as your right to information about the guarantees according to Art. 46 GDPR if your data is forwarded to third countries;

Right to rectification according to Art. 16 GDPR:

You have the right to immediate correction of incorrect data concerning you and/or completion of your incomplete data stored by us;

Right to erasure according to Art. 17 GDPR:

You have the right to request the deletion of your personal data if the requirements of Article 17 (1) GDPR are met. However, this right does not apply in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

Right to restriction of processing in accordance with Art. 18 GDPR:

You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you contest, is checked, if you refuse to delete your data because of inadmissible data processing and instead request the restriction of the processing of your data, if you change your data to assert, exercise or defend legal claims after we no longer need this data after the purpose has been achieved or if you have lodged an objection for reasons of your particular situation, as long as it is not yet clear whether our legitimate reasons prevail;

Right to information according to Art. 19 GDPR:

If you have asserted the right to correction, deletion or restriction of processing against the person responsible, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves to be 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 your personal data that you have provided to us in a structured, common and machine-readable format or to request transmission to another person responsible, insofar as this is technically feasible;

Right to revoke granted consent in accordance with Art. 7 Para. 3 GDPR:

You have the right to revoke your consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately, unless further processing can be based on a legal basis for processing without consent. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation;

Right to complain according to Art. 77 GDPR:

If you believe that the processing of your personal data violates the GDPR, you have the right - without prejudice to any other administrative or judicial remedy - to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged violation.

9. Rights of use

By participating in this Competition, the participant agrees that in the event of winning, text, sound, image and video material of/with the winner will be produced. In the event of winning, the participant transfers the following rights with regard to the materials created in connection with the winning of the prize (text, sound, image and video material) to JACK WOLFSKIN a non-exclusive, temporally and locally unrestricted right of physical and non-physical use within the scope of the statutory protection period. JACK WOLFSKIN accepts the transfer of rights upon receipt of the material.

The granting of rights to use the materials includes the right of reproduction, the right of distribution and the right of exhibition (physical exploitation rights), the right of lecture, performance and presentation, the right of public access (in particular on the Internet), the broadcasting right, the right of reproduction on visual and audio carriers and the right of reproduction of radio broadcasts and of public access (incorporeal exploitation rights), to the extent legally possible. In particular, JACK WOLFSKIN shall have the right to exploit the rights granted against payment or free of charge. JACK WOLFSKIN shall be granted the right to edit the contributions and to adapt them to the intended purpose of use (such as retouching, color and resolution adjustments, textual changes, textual abridgements). JACK WOLFSKIN also receives the right to digitally modify the contributions and to form cut-outs. In doing so, JACK WOLFSKIN respects the participant's moral rights in accordance with § 14 UrhG (German Copyright Act).

Published contributions may be freely used by JACK WOLFSKIN worldwide. JACK WOLFSKIN also holds the rights of use for future and repeated use of the contributions (no remuneration).