HolidayPirates: Participation terms and conditions
1. Competition and organisers
The promoter of this online competition “#YOLOconfessions” (hereinafter referred to as “Competition”) is HolidayPirates GmbH, Wallstraße 59, 10179 Berlin, Germany (hereinafter referred to as “HolidayPirates”). The participation in the Competition is governed exclusively by the following participation terms and conditions.
2.1 Eligible to participate are entrants who must be at least 18 years old. Excluded from participation are employees, and their family members, of HolidayPirates and its affiliate companies.
2.2 Participation in the competition is possible only within the period 3rd February 2020 (10:00 local time) to the 6th February 2020 (09:59 local time). The prizes are 3 Holidaypirates towels. Each will be raffled after 1 day of the contest (more information can be found under paragraph 2.3). In total there are 3 winners.
2.3 To participate in the competition the users have to:
1. Submit their #YOLOconfession in the question feature in our Instagram Stories
2. It is possible to take part multiple times
On basis of the originality with which we rate the submissions, we will pre-select 6 #YOLOconfessions. We will then let our Instagram community vote between 2 confessions that we pre-selected on each the 4th, 5th and 6th of February 2020 by presenting them each two confessions and then letting them vote which one should win. The 3 winning #YOLOconfessions are the ones that won in each vote. They will be published on our Instagram feed on the 7th of February.
2.4 Only those who meet the conditions described in para.2.3 enter the competition. HolidayPirates cannot be held liable for late and/or incomplete entries. Tagging a company or celebrity that is no way related to the contestant will be disqualified from the contest.
3. Execution and carrying out of the prize win
3.1 Only the prizes specified in detail below will be drawn: 3 grey Holidaypirates towels are being raffled, one each after the 4th, 5th and 6th February.
3.2 The winner will be notified by a direct message sent by a HolidayPirates account on Instagram sent to the winners account where he has to accept the price. If the type of the prize allows it, the prizes will be delivered by post to the winner's address.
To accept the prize winners have to give consent to publish the submitted #YOLOconfession anonymously on our Instagram. If the winner prefers, their Instagram account can be published additionally to the #YOLOconfession.
The winner must confirm, using the contact routes specified in the notification, the receipt of the notification as well as his name and address within 1 days from being notified of the prize by the Competition promoter HolidayPirates. Otherwise, the right to the prize ceases and will be allocated to another entrant. In this respect, the entrant is responsible for making sure that he takes note of the notification of the prize from HolidayPirates via his Instagram account. If the prize won is the participation in a trip, the trip details will be arranged in consultation with the winner.
3.3 The delivery of non-cash prizes is free of charge to all markets. This applies to one delivery attempt. Otherwise, the winner will have to bear transport costs and other expenses (customs duties, taxes etc.).
3.4 The claim to the prize may not be assigned or transferred. The prize cannot be paid out, supplemented or changed. If the prize cannot be made available to the winner for whatever reason, HolidayPirates reserves the right to provide a substitute prize of an equivalent value.
3.5 The contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.
3.6 The prize may be considered a taxable benefit to the winner. The winner will be solely and directly responsible for accounting for and paying to any relevant tax authority, any tax liability arising on their prize.
4. Exclusion from participation
4.1 HolidayPirates reserves the right to exclude entrants from the Competition if they violate these terms and conditions.
4.2 Moreover, HolidayPirates reserves the right to exclude from the Competition entrants who use prohibited tools or otherwise gain advantages through manipulation (in particular, collective or repeated entries if such are not expressly allowed by HolidayPirates). This is the case when, for example, automatic scripts, hacking tools, trojans or viruses are used or when an entrant gains an advantage through other prohibited means. Also providing false personal details and using fake profiles may result in exclusion from the Competition. As the case may be, prizes may be denied ex post and/or be claimed back.
5. Early cancellation or discontinuation of the Competition
HolidayPirates is entitled to discontinue the Competition ahead of schedule, or suspend or modify the Competition in the event of unforeseen circumstances beyond the organiser's control that render the carrying out of the Competition according to original plans difficult or unreasonable for HolidayPirates. This includes in particular, but without limitation, unauthorised intervention of third parties, technical problems with hard- or software that are beyond the organiser's control as well as violations of law which are directly connected with the carrying out of the Competition, including, in particular, tampering with the competition process.
6. Transfer of rights
The participant transfers to HolidayPirates for non-exclusive use for its business purposes all usage rights, ancillary copyrights and other rights already created or to be created by, or acquired or to be acquired from the entrant to photographs and/or photographic works that are provided to HolidayPirates as part of his participation in a competition. The rights are transferred to HolidayPirates without limitations in terms of content, time and geography.
7. Processing of data in connection with the Competition
Details of the data processed in the context of the competition and the rights existing in this respect in favour of the participant can be found in our data protection policy, which can be viewed here.
8. Final provisions
By participating in the competition the user waives his/her rights to any legal action relating to the competition or prize claimed.