Contest terms & conditions

1. Eligibility Requirements

Eligible to participate are all natural persons of legal age who are at least 18 years old at the time of participation and have their permanent residence in Germany or Austria (hereinafter referred to as “Participants”). Employees of MIFCOM GmbH and their relatives are excluded from participation.

Each participant may enter a contest only once.

To participate, participants must follow the MIFCOM Instagram account, like the post, tag two friends, and, if specified, answer the question asked in the comments of the contest post.

Sharing the post in your Story for 24 hours earns you an extra entry.

Participation in a contest is not tied to the purchase of products or the use of other services provided by MIFCOM.
The entry deadline is always at 11:59 PM on the date specified in the post. Timely participation is determined by following the MIFCOM Instagram account, liking the post, and commenting and tagging 2 friends under the contest post.

Legal recourse is excluded.

2. Early Termination and Exclusion from Contests

MIFCOM reserves the right to cancel a contest in whole or in part. This applies in particular if the contest cannot proceed as planned for any reason. This includes, for example, software and/or hardware errors and/or other technical and/or legal reasons that affect the administration, security, integrity, and/or the regular and proper conduct of the contest.

MIFCOM also reserves the right to exclude individuals who violate these terms and conditions of participation or who use unauthorized aids or otherwise gain an advantage through manipulation.

3. Prizes

The prizes are specified in the contest post and may vary. Winners will be selected by random drawing. Prizes cannot be transferred to a third party. Cash payment in lieu of a prize is not possible.

Winners will be notified via a direct message on Instagram.

4. Liability

Claims for damages in connection with the conduct of the contest are excluded, unless otherwise specified below. The foregoing disclaimer of liability also applies in favor of MIFCOM’s legal representatives and vicarious agents, insofar as participants should assert claims against them. Excluded from the aforementioned disclaimer of liability are claims for damages arising from injury to life, limb, or health, and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. Also excluded from the disclaimer of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by MIFCOM. Furthermore, this excludes damages arising from the impairment of the availability of the contest website due to technical malfunctions beyond our control and events of force majeure, as well as attacks by third parties against the contest website. However, MIFCOM will make every effort to ensure the reliability and functionality of the contest website. Furthermore, MIFCOM does not guarantee that the contest website will function properly on your device.

5. Data Protection

In connection with your participation in this contest, MIFCOM processes information about participants in accordance with our privacy policy. MIFCOM processes participants’ data exclusively in accordance with the applicable data protection requirements of the EU General Data Protection Regulation 2016/679 and other applicable data protection regulations. In doing so, MIFCOM ensures the protection of personal data, in particular through technical and organizational security measures that comply with current security standards.

MIFCOM processes and stores participants’ data exclusively for the purpose of fulfilling the contest agreement with the participants in accordance with Article 6(1)(b) of the GDPR.

For the administration of the contest, data processing is based on Article 6(1)(b) of the GDPR

6. Jurisdiction / Applicable Law

In the event of disputes, German law shall apply exclusively. If the participant is a consumer, this choice of law shall apply only to the extent that it does not deprive the participant of the protection afforded by mandatory statutory provisions or case law in the country where the participant has their domicile or habitual residence. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

The place of jurisdiction is agreed to be the registered office of MIFCOM, provided the participant is a merchant.

If the participant does not have a general place of jurisdiction in Germany, or moves their residence abroad after participating, the registered office of MIFCOM is likewise agreed as the place of jurisdiction.
 

7. Privacy Information for Participation in a Contest

In connection with participation in a contest organized by MIFCOM GmbH, Neumarkter Straße 34, 81673 Munich, Germany (hereinafter referred to as “MIFCOM” or “we”), MIFCOM also processes information about the participants. We process the data exclusively in accordance with the applicable data protection requirements of the EU General Data Protection Regulation 2016/679 (“GDPR”), the German Federal Data Protection Act (“BDSG”), and other applicable data protection regulations. In doing so, we ensure the protection of personal data, in particular through technical and organizational security measures that comply with current security standards.

7.1. Who is responsible for processing my data?
We are the data controller responsible for processing the personal data of participants in connection with their participation in the contest. We will process the personal data in this context for the purposes specified in this privacy notice.

7.2. What data does MIFCOM process about me?
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data”). This includes data that participants are required to provide to us in order to participate in the contest, as we cannot otherwise conduct the contest (in the event of a win, name and address, as well as phone number and email address). Additionally, participants may provide us with their customer number in the event of a win. The latter data is not strictly necessary for participation in the contest.
We will not subject participants, in the context of processing their data, to a decision based solely on automated processing that produces legal effects concerning them or similarly significantly affects them. We do not process special categories of personal data within the meaning of Art. 9 GDPR from participants.

7.3. For what purposes does MIFCOM process my data? We process
the data provided to us by participants exclusively for the purposes permitted under the GDPR. This applies in particular to the fulfillment of contracts concluded with participants, i.e., primarily for the conduct and administration of the contest.
In addition, we are also required to process participants’ personal data for the purposes of fulfilling legal obligations and for the establishment, exercise, or defense of legal claims. This also includes, for example, storing data on backup media, such as to comply with legal requirements regarding data security and to safeguard our legitimate interests in ensuring a stable IT infrastructure.

7.4. On what legal basis does MIFCOM process my data?
We process participants’ data only if permitted by law. Depending on the purpose of processing, we may process the data on a different legal basis.
 

Contest: For the conduct and administration of the contest, we process participants’ data to fulfill the contest agreement with them in accordance with Art. 6(1)(b) GDPR.
 

Compliance with legal obligations: To the extent that we process data to comply with legal obligations, this processing is based on Article 6(1)(c) of the GDPR.

Legal claims: To the extent that we process participants’ data to assert, exercise, or defend legal claims, this processing is based on our legitimate interests pursuant to Art. 6(1)(f) GDPR.

7.5. How long does MIFCOM retain my data?
We will retain participants’ data in accordance with data protection requirements only for as long as necessary for the respective purposes described. This means that we will delete the data related to the contest after the expiration of the statutory limitation periods for potential claims, including those of third parties, in connection with the contest, as well as upon the expiration of statutory retention obligations. The commercial and tax law retention and documentation periods specified therein extend up to ten years beyond the end of the contractual relationship or the pre-contractual legal relationship. Furthermore, specific legal provisions may also require a longer retention period, such as the preservation of evidence under statutory limitation periods of up to 30 years.

7.6. How does MIFCOM protect my data?
The security of participants’ data is of great importance to us. Therefore, we store and process data in accordance with the security requirements for such processing set forth in Article 32 of the GDPR. To this end, we have developed comprehensive technical and organizational security measures that comply with internationally recognized standards and which we review on an ongoing basis.

7.7. With whom does MIFCOM share my data?
We only disclose participants’ data stored with us when legally required to do so in accordance with applicable data protection regulations (e.g., to government authorities). However, in conducting the sweepstakes and organizing MIFCOM’s promotional and opinion research activities (e.g., the newsletter), we are supported by companies affiliated with us as well as various service providers who, where applicable, will process participants’ data on our behalf exclusively for MIFCOM. Beyond this, we do not disclose the data to third parties.

7.8. Does MIFCOM transfer my data to third countries?
The EU Commission has determined in an adequacy decision that Switzerland has an adequate level of data protection. Accordingly, we have not implemented any additional security measures for data transfers to Switzerland. Otherwise, we do not transfer your data to any countries outside the EU or the European Economic Area.

8. My Rights as a Data Subject

As a data subject affected by the processing of data, the participant may assert certain rights against us under the GDPR as well as other relevant data protection regulations. To do so, the participant may contact us via the channels outlined in Section 11 of this Privacy Policy. The following section contains explanations regarding data subject rights under the GDPR.

8.1 Data Subject Rights
Under the GDPR, participants have the following rights as data subjects:
 

Right of access (Art. 15 GDPR): The participant may request information from us at any time regarding the data we hold about them. This information includes, among other things, the categories of data we process, the purposes for which we process them, and, where applicable, the recipients to whom we have disclosed their data. The participant may receive from us a free copy of their data that is subject to processing. Should the participant be interested in additional copies, we reserve the right to charge them for such additional copies, if applicable.
 

Right to Rectification (Art. 16 GDPR): The participant may request that we rectify their data. We will take reasonable measures to ensure that the data we hold and continuously process regarding the participant remains accurate, complete, up-to-date, and relevant, based on the most recent information available to us.
 

Right to erasure (Art. 17 GDPR): The participant(s) may request that we erase their data, provided that the legal requirements for doing so are met. This may be the case under Art. 17 GDPR, for example, if:
- the data is no longer necessary for the purposes for which it was collected or otherwise processed;
- the participant withdraws their consent, which is the basis for data processing, and there is no other legal basis for the processing;
- the participants object to the processing of their data and there are no overriding legitimate grounds for the processing, or they object to data processing for direct marketing purposes;
- the data has been processed unlawfully;  and provided that the processing is not necessary:
- to ensure compliance with a legal obligation that requires us to process the participants’ data, particularly with regard to statutory retention periods;
- to assert, exercise, or defend legal claims.
 

Right to restriction of processing (Art. 18 GDPR): The participant(s) may request that we restrict the processing of their data if
- they contest the accuracy of the data, for the period we need to verify the accuracy of the data;
- the processing is unlawful and they object to the erasure of their data and instead request the restriction of use;
- we no longer need the participant’s data, but they need it to assert, exercise, or defend legal claims;
- they have objected to the processing, as long as it has not yet been determined whether our legitimate grounds override theirs.
 

Right to Object (Art. 21 GDPR): The participant may object to the processing of their data at any time on grounds relating to their particular situation, provided that the data processing is based on their consent. In this case, we will no longer process the participant’s data. The latter does not apply if we can demonstrate compelling legitimate grounds for the processing that override their interests, or if we need their data to assert, exercise, or defend legal claims.

8.2 Timeframes for Fulfilling Data Subject Rights
We generally strive to respond to all requests without delay. However, the time required to fulfill participants’ rights may be extended in individual cases for reasons related to the specific data subject right or the complexity of their request.

8.3 Restrictions on access when fulfilling data subject rights
In certain situations, we may not be able to provide participants with access to all of their data due to legal requirements. If we must reject their request for access in such a case, we will simultaneously inform the participants of the reasons for the rejection.

8.4 Complaints to Supervisory Authorities
We take participants’ concerns and rights very seriously. However, if a participant believes that we have not adequately addressed their complaints or concerns, they have the right to file a complaint with a competent data protection authority.
 

9. How can I access the relevant legal texts?

Participants can access the text of the GDPR on the following website: http://eur-lex.europa.eu/. Other relevant legal texts can be found at: http://www.gesetze-im-internet.de (Germany); https://www.ris.bka.gv.at/Bund/ (Austria); https://www.ch.ch/de/gesetze (Switzerland)

10. How can I contact MIFCOM or MIFCOM’s Data Protection Officer?

Participants may contact us with data protection inquiries and to exercise their rights at: MIFCOM GmbH, Attn: Data Protection, Neumarkter Straße 34, 81673 Munich, Germany
Email: [email protected]