Conditions of participation for competitions on Instagram

(1) General

These terms and conditions apply to all competitions that we run via Instagram at https://www.instagram.com/noni_mode/. In the course of this, the organizer only records the Instagram profile name.

The competitions are run by noni Mode GmbH, based at Lichtstraße 26-28, 50825 Cologne. Participation in noni's competitions is only possible if these terms and conditions are included. By participating in the competition, the participant accepts the competition terms and conditions. Participation in the competition is free of charge and does not oblige you to order or buy a product. The competitions have no connection with Facebook, Inc. or Facebook Ireland Ltd, Instagram, TikTok or the respective publication platform and are in no way sponsored, supported or organized by the social media platform. Competitions mean any giveaways, raffles or similar descriptions. All information in the context of the competitions is provided exclusively by noni Mode GmbH as the organizer.

(2) Participation period
The respective competition period will be announced on the respective social media accounts, noni_mode (https://www.instagram.com/noni_mode/), noni_mode (https://www.tiktok.com/@noni_mode), nonimode (https://www.facebook.com/nonimode), under the respective posting. noni Mode GmbH expressly reserves the right to end the competitions at any time without prior notice and without giving reasons. This applies in particular if there are reasons that would disrupt or prevent the competition from running as planned.

The start of the competition is, unless otherwise stated in the post, the respective publication time on the respective social media channel. Participation is only possible up to the specified drawing time.

(2a) Additional clause for photo shoots or event competitions
According to the general regulations, the course and scope of the photo shoot or the respective event is determined and planned by noni.
In an emergency, the winner can withdraw before the start of the photo shoot or the event. By withdrawing, the winner loses the right to the value of the photo shoot or the event. The prize cannot be transferred to third parties and cannot be paid out in cash or vouchers.

(3) Conditions of participation
All natural and legally competent persons aged 18 or over can participate via their very own social media account. Employees of noni Mode GmbH and their relatives are excluded from participation. Double registrations are not permitted. If the organizer becomes aware of technical manipulation or any other violation of these conditions of participation, he will exclude the participant from the competition. Technical manipulation includes, among other things, participation via a competition service or similar automated collective participation services. In these cases, the prize can also be revoked retrospectively and a replacement winner can be drawn.

(4) Process
The conditions of participation and the respective prizes vary from competition to competition and are announced on the respective social media account in the form of a post. In order to take part in the competitions, all of the conditions stated there must be met. Depending on the competition, participation is possible, for example, by liking a post on our Instagram page, commenting on it or writing a message to noni Mode as the operator of the Instagram page. In the event of violations of these rules, the participant is personally responsible for any legal violations. The participant fully releases noni Mode GmbH from all claims by third parties, including the necessary costs of legal defense and legal prosecution.

The winner will be determined after the end of the competition in a random draw among all participants. The winners of the draw will be announced after the draw via a post in the form of a story or feed post, with their Instagram account name, and notified directly via DM/PM. The prize will be delivered by post or, in the case of a voucher, in digital form, exclusively to the winner himself, at his place of residence or email address. The winner must therefore provide his full contact details, including postal address and email address, when notified. Noni will cover the worldwide shipping costs for delivering the prize. An exchange, self-collection and cash payment of the prize are not permitted.
(4a) Additional clause for photo shoots or event competitions
The prize will be handed over after consultation with the winner at the noni location in Cologne. The date of the event can be subsequently agreed and adjusted by noni. If, after explicit agreement of the procedure, the photo shoot or event does not take place due to the winner not showing up or cancelling, the winner has no right to a replacement or to a new appointment.

(5) Liability / legal recourse
noni is liable for damages related to the competition only in cases of intent or gross negligence on the part of noni Mode GmbH or a representative or vicarious agent, as well as in the event of culpable injury to life, body or health in accordance with the statutory provisions. In addition, noni Mode GmbH is liable under the Product Liability Act, due to the culpable violation of essential contractual obligations or insofar as a defect was fraudulently concealed or a guarantee for the quality of the delivery item was given. However, the claim for damages for the culpable violation of essential contractual obligations is limited to the foreseeable damage typical of the contract, unless one of the other cases listed above also applies. Liability is excluded for simple negligent violations of secondary obligations that are not essential to the contract. In particular, noni Mode GmbH is not liable for damages resulting from the impairment of the availability of the competition, for technical faults and events of force majeure that cannot be influenced, as well as attacks by third parties against the competition. However, noni Mode GmbH will do everything in its power to ensure the reliability and functionality of the competition. Furthermore, noni Mode GmbH does not guarantee that the competition will function properly on the respective participant's computer or mobile device. In addition, noni Mode GmbH does not guarantee that the competition will be carried out or that the prize will be made available if all information has not been made available to noni Mode GmbH by the winner on time and in full.

(6) Data protection / use of personal data
noni Mode GmbH guarantees the highest possible data protection standards within the scope of the competition and observes all relevant legal provisions in this regard. In this respect, we refer to our data protection declaration, which can be accessed at the URL https://www.noni-mode.de/datenschutz/. In particular, noni Mode GmbH will not sell any address data to third parties. noni Mode GmbH collects, stores and uses the personal data of the respective participant or winner solely for the purpose of properly conducting the competition, and within the scope of any consent expressly given by the participant. By participating, the participant agrees that his/her name and picture will be published on the Internet in the event of a win.

(7) Disclosure to third parties
We do not pass on any data of competition participants to third parties, unless personal data of winners who have been contacted by us by email or Instagram are required by us or our partners to hand over or claim the prize.

(8) Place of jurisdiction / applicable law
In the event of disputes, German law applies exclusively. The place of jurisdiction is agreed, as far as legally permissible, to be the registered office of noni Mode GmbH in Germany. If the participant does not have a general place of jurisdiction in Germany or moves their place of residence abroad after participating, the registered office of noni Mode GmbH is also agreed as the place of jurisdiction.

(9) Severability clause
If a provision of these terms and conditions of participation is or becomes invalid in whole or in part, this does not affect the validity of these terms and conditions of participation. Instead of the invalid provision, the legally permissible provision that economically comes closest to the meaning and purpose expressed in the invalid provision shall apply. The same applies if there is a gap in the provisions of these terms and conditions of participation.

(10) Contact
If you have any questions regarding the conduct of this competition and the processing and use of personal data, please contact:

noni Mode GmbH
Lichtstraße 26-28, 50825 Cologne
Telephone: +49 (0) 221 7100160
E-mail: info@noni-mode.de

(11) Advertising consent
The participant agrees that his/her personal data may be used by noni Mode GmbH for the purposes of self-promotion by electronic and regular mail for the products offered by noni. The participant can revoke his/her consent to the use