Participation in the “Hymer 100,000 Subscriber Special” competition is free of charge, irrespective of the purchase of Hymer products, and is governed exclusively by these conditions of participation. By acknowledging these conditions of participation and deciding to take part in this competition, you accept these conditions of participation.
The organizer of this competition is Hymer GmbH & Co. KG (hereinafter referred to as “Hymer”).
All natural persons of full legal competence who have reached the age of 18 and are resident in Germany, Austria or Switzerland are eligible to participate. Employees of Hymer and their direct family members and all persons involved in the conception and implementation of this competition and their direct family members are not eligible to participate. The term “immediate family members” includes all of the following: spouses, common-law partners, children or stepchildren (whether natural or by adoption), parents, stepparents, grandparents, step-grandparents, siblings, step-siblings.
Only one entry per participant is permitted in the competition. Each participant can only take part in his/her own name; the personal details must be true. It is strictly forbidden to use multiple addresses or profiles to increase your chances of winning. Participation with fake identities or identities of third parties is not permitted, and will result in disqualification.
Hymer reserves the right to exclude persons from participation at its own discretion if there are justified reasons to do so. This shall be the case, for example, if there is reason to assume that a participant is violating applicable law, the rights of third parties, the provisions of these terms and conditions of participation or the rules of the game, in particular, in instances of:
Irrespective of any further rights, Hymer shall be entitled in this case to take the following measures, in particular:
In order to take part in the competition, please note (and adhere to) the following:
Participants must be followers of the official Hymer Instagram account, like the competition post, post the post in your story and tag a person who would be happy to win the prize in the comments. The competition will only take place online on the official Hymer Instagram channel. The commentary to be prepared must comply with applicable law. The posted comment must not contain any third-party protected content.
Participation is only possible within the participation period. Attempts to enter after the closing date will not be considered in the draw.
Participation in the competition is possible from 15.11.2023 10.00 a.m. to 30.11.2023 10.00 a.m.
1. Prize (non-cash prize):
No winnings may be paid out in cash or in kind, nor may they be exchanged or transferred to other persons. The winner can forfeit the prize. In this case Hymer reserves the right to draw a new winner.
The winner shall be determined within one week of the closing date in a random draw among all participants who have taken part in the competition during the participation period, and in full compliance with the other conditions of participation. Should the prize draw be linked to specific participation actions, only those participants who have correctly completed the participation actions will be entered into the prize draw.
The winner’s Instagram name will be announced within one week of the winner being determined on Instagram.
In addition, the winner shall receive a direct message from Hymer via Instagram. The winner must then contact Hymer via Instagram direct message within one week of being notified of their win and provide a valid postal address.
If the winner does not respond within one week of being notified, the prize will not be awarded. If the contact details provided are incorrect, Hymer shall not be obliged to find the correct addresses. Any disadvantages resulting from the provision of incorrect contact details shall be borne by the participant. If a prize cannot be delivered for reasons for which Hymer is not responsible, the claim to the prize shall lapse without compensation.
Hymer reserves the right to prematurely terminate the competition (in whole or in part) at any time, even without observing deadlines and without prior notice and without stating its reasons, or to change its course of progress if it is not possible for technical reasons (e.g. computer virus, manipulation of [or errors detected in] the software/hardware) or legal reasons to guarantee the proper and scheduled execution of the competition. This also applies if Instagram’s promotion guidelines are changed during the implementation, so that implementation is not possible according to Instagram’s valid terms and conditions, or if the competition is stopped by Instagram.
The following exclusions and limitations of liability shall apply to Hymer’s liability for damages, notwithstanding the other statutory requirements for claims:
Hymer shall be liable without limitation insofar as the cause of the damage is based on its own intent or gross negligence.
Furthermore, Hymer shall be liable for a slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the contract’s underlying purpose, or for the breach of obligations, the fulfillment of which is essential for the proper execution of the competition and on the observance of which the contractual partners regularly rely. In this case, however, Hymer shall only be liable for the foreseeable damage typical of the contract. Hymer shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of quality guarantees for the quality of a product and in the event of fraudulently concealed defects. Liability under the German Product Liability Act (ProdhG) shall remain unaffected.
Insofar as Hymer’s liability is excluded (or limited), this shall also apply to the personal liability of Hymer’s employees, representatives and vicarious agents.
Hymer shall not be liable for any claims arising from (or in connection with) a trip or individual travel service that is awarded as part of a competition.
In particular, Hymer cannot be held responsible for any technical faults, especially network, electronic or computer failures. Hymer shall not be liable for the availability of Instagram and the comment function used there, and cannot be held liable for any technical malfunctions that occur there.
The participant hereby confirms and guarantees vis-a-vis Hymer that his/her entry in the competition does not violate legal regulations, common decency or the rights of third parties (e.g. trademark, name, copyright, data protection or youth protection laws). In particular, the participant also undertakes to obtain the legally required consent of the parties involved/affected/authorized persons, for example, the photographers or the persons depicted or named, before posting texts, images or other content. The participant shall indemnify Hymer against any third-party claims arising from a breach of these obligations, and hereby agrees to compensate Hymer for any resulting damages, including reasonable legal defense costs.
To participate in the competition, you must provide personal data (Instagram account). The participant assures that the personal details provided by him/her are true and correct.
Hymer shall be responsible for the collection, processing and use of participants’ personal data. Hymer will only use the participant’s personal details and other personal data in accordance with the statutory provisions of data protection law. Further information on the processing of personal data can be found in our data protection information.
Participants cannot assert any objections against Instagram that arise in connection with the use of Instagram or participation in the competition. Participants hereby acknowledge that the competition is in no way sponsored, endorsed or organized by Instagram, and is in no way affiliated with Instagram. All information and data provided by (or collected from) participants through the use of the competition shall only be provided to Hymer and Instagram. All inquiries and comments regarding the competition should be addressed to Hymer and not to Instagram.
Legal recourse with regard to the competition’s implementation and the prize draw itself is hereby excluded.
Should any provision of these terms and conditions of participation be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of these terms and conditions of participation. The invalid provision shall be replaced by the legally permissible provision that comes closest to the economic meaning and purpose expressed in said invalid provision. The same shall apply in the event of a loophole in these terms and conditions of participation.
Hymer hereby reserves the right to amend these terms and conditions of participation at any time, including during the ongoing competition, if this becomes necessary due to changes in the law, changes in jurisdiction or other changes to the general conditions, in particular, in the event of changes to Instagram’s promotion guidelines.
Hymer GmbH & Co. KG is a company based in Germany and a data controller within the meaning of the GDPR. The data you transmit to us is stored in our centralized customer database in Germany.
The collection and processing of personal data is based on the provisions of the GDPR. The legal basis for data processing in the context of the competition is based on your voluntary consent pursuant to Art. 6 (1) Sentence 1 lit. a) GDPR. The winner will be contacted separately via the social media platform, in order to collect the data required to bestow the prize upon the winner. This data shall then be transferred to Hymer GmbH & Co. KG, for the purpose of prize distribution. For this purpose, further information about your person is collected, such as your name, address and e-mail address. The winner will also be published on our social media channel with their name/profile name. The personal data will be collected, processed and used for the purposes of running the competition in accordance with the conditions of participation.
Your data may be passed on within the Group for administrative purposes. If data is exchanged within the Group, this is done for the purpose of processing the competition or on the basis of your consent. In addition, there may be an interest in disclosing this data for internal, administrative purposes. If your data is processed outside of Europe, it will be transferred in compliance with all applicable data protection laws.
This data will not be transmitted to other recipients. If the data is transferred to other recipients, this will only take place if it is necessary for the process of prize distribution. We use service providers who support us in the competition’s implementation. They act only on our instructions and process the data only for the specified purpose. Any further use does not take place, and requires legal permission or consent.
Data is not transferred to a third country or to an international organization. This only takes place if suitable guarantees are in place within the meaning of Art. 44 et seq. GDPR.
Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
We do not use automated decision-making or profiling.
Your data will be deleted after the competition has been completed or after you have withdrawn your consent, provided there are no statutory retention obligations to the contrary. Winners’ data will be stored for further processing of the prize distribution. Depending on the type of competition, legal requirements for storage may also apply as a result of follow-up measures (e.g. in the case of vehicle use and the associated user contracts/assignments)
You have the right to the free disclosure of information pertaining to your stored personal data at any time, as well as a right to correction, data portability and deletion of this data; if the deletion conflicts with statutory retention requirements, we will have this data blocked. You are also entitled to object to the processing of this data, or to demand that we restrict its processing. You also have the right to lodge a complaint with a supervisory authority.
If the data processing is based on your consent, you may revoke it at any time for the future.
The request for information should be addressed to:
Hymer GmbH & Co. KG
Holzstraße 19, 88339 Bad Waldsee, Germany
Phone: +49 7524 999-0
E-mail: presse@hymer.com
Or to our external data protection officer:
DDSK GmbH
Dr.-Klein-Str. 29, 88069 Tettnang
Phone: +49 (0)7542 / 949 21 00
E-mail: datenschutz@hymer.com
