I. Terms and conditions of participation
This event is not connected to Instagram in any way and is in no way supported, supervised or monitored by Facebook or Instagram. Henkel AG & Co. KGaA, Henkelstraße 67, 40589 Düsseldorf (herewith “Henkel”), not Facebook or Instagram, is the recipient of the information provided by you. All questions, comments and complaints should be directed to Henkel, not to Facebook or Instagram.
If you activate and enter the competition on Instagram or Facebook, your personal data may be collected directly from you (e.g. IP address and cookie ID) by Facebook or Instagram and used for the purposes of Facebook or Instagram. This can also occur in the USA. We are not responsible for gathering and using personal data, which can also include setting cookies, or Instagram. You can find more information on the precise data processing operations, retention periods and processing purposes directly on Instagram [https://help.instagram.com/519522125107875], and the data protection agreement of Facebook, Inc. can be downloaded here [https://www.facebook.com/full_data_use_policy].
1. Process and execution of the competition
The competition host is Henkel AG & Co. KGaA, Henkelstraße 67, 40589 Düsseldorf (herein “Henkel”).
- The online-competition will take place from April 1, 2023 to August 31, 2023, 23.59 pm.
- For participating in the online-competition, participants must submit their picture of an INDOLA coloured hair look made by himself/herself and created with INDOLA CREA-BOLD and/or PCC products. The participant uses the hashtags #beCREABOLD and #indola and tags @indola.
- Participation channels are the campaign website and Instagram with the hashtags #beCREABOLD and/or #indola.
· The prizes for the online participation:
Winner: Participation and contribution of look creation at an international INDOLA shooting in Autumn 2023 as well as an INDOLA CREA-BOLD product and merchandise package.
- The winner will be selected by an internal jury, consisting of the international Digital Marketing, Brand and Education departments.
- The winner will be informed via Instagram message.
2. Eligibility to participate
All natural persons who are at least 18 years old, have agreed to the terms and conditions of participation and have posted a picture or video of a coloured look with INDOLA CREA-BOLD and/or PCC products created by himself on Instagram with the #beCREABOLD and/or #indola.
In order for the jury to be able to see the pictures on the Instagram account of the participant, the privacy settings of the Instagram account must be put on “public”.
In order to participate in the competition, all personal information supplied must be valid and true. Each participant may only take part on his or her own behalf. Employees of the supporting agency, Henkel and associated companies, as well as their dependents, are not eligible to participate.
3. Agreement of Customer /Use of posts
The participant must receive the consent of the person who is shown on any pictures, videos and that the pictures and videos are published in the internet (website and on social media channels) and submitted to the online competition.
4. Exclusion of specific persons
In the event that a participant violates the terms and conditions of participation, Henkel reserves the right to exclude this participant from the competition.
Participants who make use of illegitimate means or otherwise create an artificial advantage through manipulative practices will also be excluded. In such cases, Henkel may even revoke and require the return of any prize.
5. Premature conclusion of the competition
Henkel reserves the right to terminate or end the competition at any point with no prior warning. In particular, Henkel will make use of this right if, due to technical (e.g. virus in the computer system, manipulation or error in the hardware or software) or legal reasons, a proper execution of the competition cannot be guaranteed.
Insofar as such a termination is caused by the conduct of a participant, Henkel can demand compensation from that person for the damages arising.
6. Prize and prize winner
The prize winner(s) will be informed by Henkel via Instagram direct message. If a winner does not respond to the message within fourteen (14) days of being notified by Henkel, then the winner’s prize will be forfeited and Henkel shall be entitled to freely select the winner among the participants.
The prizes have to be redeemed between September 2023 and December 2023. If not redeemed within the time frame mentioned above, all vouchers expire. Only one prize can be redeemed per participant, for which there is no cash alternative. Prize claims cannot be transferred to others. Henkel retains the right to substitute the prize with another prize of similar value in the event the original prize offered is not available.
7. Liability
Henkel does not accept responsibility for entries lost through technical fault. Proof of entry is not automatically proof of receipt.
With the award of the prize, Henkel is free of all further obligations.
Henkel is not liable for loss or damages which might occur in the course of using the prize. Henkel does not assume any liability for the insolvency of the third party providing the prize and the resulting consequences for the execution of the competition and the awarding of the prize. Any complaints should be directed to the third party providing the prize.
Henkel is only liable for material and legal defects in the event of malicious intent or negligence.
Henkel is not liable for damages caused by errors, delays or interruptions in the transfer, faults in the technical facilities and service, incorrect contents, loss or deletion of data, viruses or anything else that can arise in the participation of a competition.
The limitations of liability cease to be valid if the damages are caused by Henkel (its organs, employees or subcontractors) through malicious intent or negligence, or if they are caused by a contractual obligation.
There is no liability for the individuals excluded in accordance with Paragraph 4.
8. Other
There is no right of appeal. The terms and conditions of participation and the entire legal relationship between the participants and Henkel are exclusively subject to the law of the Federal Republic of Germany. If individual provisions in the terms and conditions of participation should be or become invalid, the validity of the remaining provisions will be unaffected. The terms and conditions of participation can be amended by Henkel at any time with no prior warning.
II. Data protection agreement for participation in the competition
In order to receive the prize, the winner(s) must supply the following personal data: name, email address and country.
There is no right to registration.
Henkel will gather and use the data provided by the participant(s) as part of the necessary process for providing the prize and conducting the raffle.
Henkel will not forward the participant’s data to any third party unless for the distribution of prizes or for conducting the raffle.
The processing and use of the participant’s your data is based on statutory provisions which justify those operations on the grounds that the processing is necessary for conducting the raffle.
The personal data will only be used for the online competition and the duration of the online competition and for the supply of the prize and will be deleted within six (6) months from the end of the online competition on.
At any time, the participant may assert the right to access its data. Additionally, provided that the respective requirements are met, the participant may assert the following rights:
· Right to rectification
· Right to erasure
· Right to restriction of processing
· Right to lodge a complaint with the respectively competent data protection supervisory authority
· Right to data portability
Right to object of Participant
In case of processing activities involving your personal data that are carried out on basis of a legitimate interest of Henkel, you have the right to object against such processing of your personal data at any time for reasons resulting from your specific situation. Henkel will stop that processing unless Henkel can prove important reasons for the processing which deserve protection which outweigh your interests, rights and freedoms or if the processing serves to assert, exercise or defend against legal claims.
In these cases, or if the participant has any other questions or wishes in connection with regard to its personal data, please send an e-mail or a letter to Henkel’s data protection officer, Mr. Frank Liebich, Henkel AG & Co. KGaA, Henkelstrasse 67, D 40191 Düsseldorf, Germany (E-Mail: Datenschutz@henkel.com).