The organizing company and sponsor for the Sweepstakes is Highsnobiety, Inc., 26 Broadway, Suite 1104, New York, NY 10004, United States of America (“Sponsor”).
The Sweepstakes are taking place on Facebook or on Instagram.
Facebook is a social media network operated by Facebook Ireland Ltd, Hanover Reach, 5-7 Hanover Quay, Dublin 2 Ireland („Facebook“). For Highsnobiety Sweepstakes on Facebook, data privacy provision and terms and conditions of Facebook apply.
Instagram is an online service of Instagram Inc. ,181 South Park Street, Suite 2, San Francisco, CA 94107, United States of America („Instagram“). For Highsnobiety Sweepstakes on Instagram, data privacy provision and terms and conditions of Instagram apply.
Highsnobiety Sweepstakes on Facebook or Instagram are not sponsored, supported or organized by Facebook or Instagram. Recipient of information provided by the entrant is Highsnobiety, not Facebook or Instagram.
By participating in the Sweepstakes, the entrant agrees with the data protection provisions and terms and conditions of Facebook/Instagram and with the following terms and conditions:
This sweepstakes (“Sweepstakes”) is open to residents of the European Union who are at least eighteen (18) years of age as of the date of entry. Employees of the Sponsor, and their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies, including the administrator of this Sweepstakes if any, and the immediate family members (spouses, parents, children and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win. No automated entry devices and/or programs permitted.
a. Sweepstakes beginning and end dates will be identified in the applicable social media post (the “Sweepstakes Period”).
b. During the Sweepstakes Period, you may enter the Sweepstakes by visiting the Sweepstakes site at the appropriate Sponsor social media page (@Highsnobiety on Instagram, or https://www.facebook.com/highsnobiety/ on Facebook) and following the instructions. Upon completion of the necessary requirements, you will receive one (1) entry into the Sweepstakes. The limit is one (1) entry per person.
c. Participation is free of charge. You only have to pay your internet connection costs for entering the social media page.
d. There is no purchase or payment of any kind necessary to participate in the Sweepstakes. A purchase does not improve your chance of winning.
e. There is no legal entitlement for participation or access to the Sweepstakes.
f. Participants need a valid Facebook/Instagram account to enter into the Sweepstakes. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address or social media account submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry.
g. Delivery of prizes requires a street address (no P.O. Boxes). Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
h. Legal action for participation is excluded.
3. Winner Selection.
Winners will be selected by Sponsor or a third-party administrator in a random drawing from all eligible entries received by the end date of the Sweepstakes. Odds of winning depend on the number of eligible entries received for the drawing.
The prize/s is/are described in the respective sweepstake announcement. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize of comparable value if any prize listed is unavailable, in whole or in part, for any reason. All potential taxes are the sole responsibility of the winners.
Winners will be notified via the appropriate social media channel (e.g,, through Facebook or Instagram) from an official Sponsor account on or about the end date of the Sweepstakes. If any winner cannot be contacted within five (5) calendar days of first notification attempt or does not reply within this period, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Sweepstakes rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. Limit one prize per person.
Any violation of these Official Rules by winner will result in winner’s disqualification as winner of the campaign, and all privileges as winner will be immediately terminated. Prizes can also be reclaimed subsequently. Sponsor reserves the right, in its sole discretion, to exclude participants in case of criminal, racist, pornographic or violent content.
7.Termination of the Sweepstakes
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes for any material reason, in particular if a secure, fair and proper conduct of the Sweepstake is affected. In such case, Sponsor will select the winner(s) from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor does not assume liability for lost chances of winning.
8. Data Protection
a. Highsnobiety, Inc., 26 Broadway, Suite 1104, New York, NY 10004, United States of America, is responsible for the processing of personal data within the meaning of the General Data Protection Regulation (GDPR).
b. The processing of personal data (Instagram handle or email address, depending on sweepstakes) of the entrants is carried out for the purpose of handling the sweepstake. The personal data is used to identify the entrants, to notify them of winnings and to process any winnings. The data will only be transferred on to third parties (e.g. shipping service providers) if this is necessary for the handling of the sweepstake. The personal data is being processed within the United States. The data will be deleted as soon as the sweepstake has been completed. Under no circumstances will the data be stored for more than one year.
Legal basis for such data processing is Art. 6 (1) lit. b) of the GDPR.
c. As a person concerned, you have various rights in connection with the processing of your personal data.
d. If you wish to assert your rights to information, correction, deletion, restriction of processing, object to data processing or revoke your consent to data processing, please send an e-mail to [email protected]
Right to information
You have the right to information about your personal data processed by us and to the following information:
– the processing purposes;
– the categories of personal data being processed;
– the recipients or categories of recipients to whom the personal data have been or are being disclosed, in particular recipients in third countries or international organisations;
– if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
– the existence of a right to rectification or deletion of your personal data, to restricting the processing of your personal data or to object to such processing;
– the existence of a right of appeal to a supervisory authority;
– if the personal data is not collected from you, all available information about the origin of the data;
– the existence of automated decision-making, including profiling in accordance with Article 22 (1) and (4) GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.
– in the case of the transfer of personal data to a third country or an international organisation, on the appropriate safeguards under Article 46 GDPR in relation to the transfer
Right to rectification
You have the right to immediately request the rectification of inaccurate personal data concerning you and, taking into account the purposes of the processing, the completion of incomplete personal data – also by means of providing a supplementary statement.
Right to erasure
You have the right to request the immediate erasure of personal data concerning you and we are obliged to delete this data immediately if one of the following reasons applies:
– The personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
– You revoke your consent on which the processing was based under Article 6 (1) lit. a) or Article 9 (2) lit. a) of the GDPR and there is no other legal basis for the processing;
– You object to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for processing or you object to the processing pursuant to Article 21 (2) GDPR;
– Your personal data has been processed unlawfully;
– The deletion of your personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which we are subject;
– The personal data have been collected in relation to information society services provided in accordance with Article 8 (1) GDPR.
If we have made personal data public and are obliged to erase personal data in accordance with Art. 17 (1) GDPR, we will take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform controllers who process the personal data you have requested the erasure by such controllers of any links to or copies or replications of, those personal data.
These rights do not apply to the extent that processing is necessary.
– to exercise the right of freedom of expression and information;
– to fulfil a legal obligation required for processing under the law of the Union or of the Member States to which we are subject;
– to assert, exercise or defend legal claims.
Right to restriction of processing
You have the right to request us to restrict processing if one of the following conditions is met:
– the accuracy of the personal data is contested by you, for a period of time that enables us to verify the accuracy of the personal data;
– the processing is unlawful and you oppose to delete the personal data and instead requests the restriction of the use of your personal data;
– we no longer need your personal data for the purposes of processing, but you do need it to assert, exercise or defend legal claims, or
– you have objected to the processing pursuant to Article 21 (1) GDPR pending the verification whether the legitimate interests of our company override your legitimate interests.
Right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format and you have the right to transmit this data to another controller without hindrance, provided that the processing is based on a consent pursuant to Article 6 (1) lit. a) or Article 9 (2) lit.a ) GDPR or on a contract pursuant to Article 6 (1) lit. b) GDPR and the processing is carried out by automated means.
When exercising your right to data portability, you have the right to have your personal data transferred directly by us to another controller, insofar as this is technically feasible.
Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is based on Article 6(1) lit. e) or f) GDPR, including profiling based on these provisions. We will no longer process your personal data unless we can demonstrate compelling legitimate reasons for the processing that override your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims.
Right of revocation
You have the right to revoke your consent to the processing of your personal data at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until revocation.
Right to lodge a complaint
If you consider that the processing of personal data concerning you infringes the GDPR, you can lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement.
9. Limitation of Liability
a. The Sponsor, its subsidiaries and affiliates are not liable for:
-false or inaccurate information provided by the entrants;
-technical errors and failures of any kind, in particular for hardware, software or communications malfunctions or for the technical infrastructure of Facebook/Instagram
-unauthorized human intervention
-lost or unavailable network connections, website, Internet, or ISP availability, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes.
b. Sponsor is only liable in case of intent or gross negligence. For any damages resulting from injury to life, body or health the Sponsor is also liable for ordinary negligence. Above that the Sponsor is liable for any culpable breach of the essential contractual obligations. Essential contractual obligations are those obligations necessary to conduct the contract and whose adherence the entrants can reasonably rely. This clause does not affect responsibility under product liability legislation.
10. Governing Law
These Official Rules shall be governed by laws of Germany.
a. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
b. These rules can be amended any time by the Sponsor without notification, provided that such amendments are necessary in order to assure proper and safe conduct of the Sweepstakes, and to prevent misuse or fraud in particular.