1. scope

These terms and conditions apply to the “20 Years Insta Challenge” sweepstakes conducted by Mellowmove Lda, Rua Principal 4 – Casais de São Lourenço, 2640-206 Encarnação, Portugal (hereinafter “Organizer”). By participating, each participant accepts these conditions of participation.

This sweepstakes is in no way affiliated with Instagram. It is in no way sponsored, endorsed or organized by Instagram and does not create any legal claim against Instagram. All information within the scope of this competition is provided exclusively by the organizer.

2. participation

2.1 Any natural person in his/her own name with a minimum age of 18 years is eligible to participate. Participants who have already reached the age of sixteen but are not yet of age may only participate in the competition with the consent of their legal guardian. In case of winning by a person under 18 years old, an adult accompanying person must travel with them.

2.2 Minors under the age of 16 and persons incapable of contracting are excluded from participation.

2.3 The organizer reserves the right to exclude persons from participation who violate these conditions of participation or who gain or intend to gain an advantage over other participants by improperly influencing or manipulating the competition. In such cases, the organizer may also subsequently exclude participants from the competition, withdraw prizes and reclaim them.

2.4 Participation is only possible within the period stated in the prize draw description.

2.5 Employees of Mellowmove and their direct family members are excluded from participation in the competition.

3. implementation of the lottery

3.1 The prerequisite for participation in the sweepstakes is following the Instagram channel of the organizer. If another requirement for participation in the sweepstakes is necessary, this is communicated directly at the opportunity to participate in the sweepstakes. The sweepstakes will be held during the specified period. All participants in the prize draw who meet the requirements specified under points 2 and 3 by the respective time of the draw will be taken into account. Immediately after the entry deadline, the winner will be drawn at random from among the participants.

3.2 A change or cash payment of the prize is excluded. The prize is not transferable.

4. profit handling

4.1 The winner will be notified via Instagram by the organizer. With regard to the prize, each participant notified in this way is obliged to inform the organizer within 5 days of the notification being sent whether he or she accepts the prize. If the Promoter does not receive a message to this effect within this period, the possibility of accepting the prize will lapse and the Promoter reserves the right to identify and notify another participant accordingly.

4.2 If the contact details provided by the participant are incorrect, the organizer is not obliged to determine the correct data. Any disadvantages resulting from the provision of incorrect contact details shall be borne by the participant.

5. liability for defects

The organizer is only liable for damages incurred by the winner due to material defects and/or defects of title in the event of malice, intent or gross negligence. Otherwise, liability for material defects and/or defects of title shall be excluded.

6. premature termination, adjustment or modification of the competition

The organizer is entitled to prematurely terminate, adjust or modify the sweepstakes at any time without prior notice and without giving reasons, if a proper execution of the sweepstakes cannot be guaranteed without appropriate measures for technical or legal reasons.

7 Applicable law

All legal relations between the parties shall be governed by the laws of the Republic of Portugal. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

8. data protection

Responsible for data processing in connection with the competition is:

Mellowmove Lda, Rua Principal 4 – Casais de São Lourenço 2640-206, Encarnação, Portugal

The designated controller is jointly responsible for the data processing on the Instagram fan page on which the competition is organized together with Instagram (platform operator is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) within the meaning of Art. 26 DSGVO.

8.1. Processing of your personal data in the context of the competition

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

In order to carry out the competition, the profile name and, if available, the first and last name of the respective participant are collected and stored. In order to send the prize, we will also collect the winner’s surname and first name as well as the address from the winner(s) and use this data for the free booking associated with the prize. Your data will not be passed on to third parties.

The legal basis for this processing of your personal data is Art. 6 para. 1 lit. b DSGVO (performance of pre-contractual measures and fulfillment of a contract).

If we publish the first name and surname of the winner separately on our profile or fan page or announce it externally, e.g. on our website, this will only be done with the prior, express consent of the winner in accordance with Art. 6 Para. 1 lit. a GDPR.

8.2. Storage duration

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 end of the competition, unless there is effective consent for further processing (for example, with regard to the sending of newsletters) and/or there is no continued legitimate interest on our part in the continued storage.

8.3. Your data subject rights

The applicable data protection law grants you the data subject rights listed below:

– Right to information according to Art. 15 DSGVO:

In particular, you have the right to obtain information about your personal data processed by us, the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period or criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it is not processed by us. the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it was not collected by us from you, 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 concerning you, as well as your right to be informed which guarantees exist in accordance with Article 46 of the GDPR when your data is transferred to third countries;

– Right to rectification pursuant to Art. 16 DSGVO:

you have the right to have any inaccurate data concerning you corrected without delay and/or to have any incomplete data stored by us completed;

– Right to erasure pursuant to Art. 17 DSGVO:

You have the right to request the deletion of your personal data if the conditions of Art. 17 para. 1 DSGVO to demand. However, this right does not exist in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;

– Right to restriction of processing pursuant to Art. 18 DSGVO:

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 dispute, is being verified, if you refuse the deletion of your data due to unauthorized data processing and instead request the restriction of the processing of your data, if you require your data for the assertion, exercise or defense of legal claims after we no longer need this data after the purpose has been achieved, or if you have lodged an objection for reasons relating to your particular situation, as long as it has not yet been determined whether our legitimate reasons prevail;

– Right to information pursuant to Art. 19 GDPR:

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you has been disclosed of this rectification or erasure of the data or restriction of 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 DSGVO:

You have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller, insofar as this is technically feasible;

– Right to revoke consent given 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 without delay, unless further processing can be based on a legal basis for processing without consent. The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;

– Right to lodge a complaint pursuant to Art. 77 GDPR:

If you consider that the processing of personal data concerning you infringes the GDPR, you have – without prejudice to any other administrative or judicial remedy – the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement.