§ 1 Photo and Video competition
(1) The photo and video competition is organized by Hohner Musikinstrumente GmbH (hereinafter referred to as HOHNER).
(2) Participants must upload a picture or a video under the hashtag #unitedinsound to their private account on Instagram between May 8th and June 8th, 2020 and tag it with our account hohnermusic.
(3) No product purchase is required to participate.
(4) This promotion is not related to Instagram and is not sponsored, supported or organized by Instagram.
§ 2 Participants
(1) All persons aged 18 and over may participate. There is no entitlement to participation.
(2) Employees of HOHNER and all other persons involved in the conception and implementation are excluded from participation. Also excluded are their respective first and second degree relatives and persons living with them in conjugal or domestic community.
(3) Only public profiles may participate in the competition.
§ 3 Execution and determination of winners
(1) Each participant can upload multiple photos or videos. With their participation, the participants acknowledge the validity of these conditions of participation. On the HOHNER promotion page https://www.hohner.de/en/community/united-in-sound/competition, participants can view the task set.
(2) Participation is only possible online via the Instagram platform. Contributions sent in any other way are not accepted and will not be evaluated by us.
(3) The winners will be contacted exclusively via Instagram. The comments under the winner videos (sender is the hohnermusic Instagram profile) ask the winners to send an e-mail to competition@hohner.de within 4 weeks, in which the personal data will be transmitted in an orderly and truthful manner. This information will be used to send the prize. If a winner does not respond within the deadline, the prize is forfeited and HOHNER is entitled to allocate it elsewhere. The period shall be calculated in accordance with §§ 187 and 188 German Civil Code (BGB). The cash prize (main prize) shall be paid by bank transfer with discharging effect for HOHNER to the specified bank account. Participants are obliged to use secure passwords for their Instagram profile and e-mail accounts and not to disclose their access data to any other person. The non-cash prizes will be sent to the specified address by a shipping service provider commissioned by HOHNER. The risk is transferred to the winner when the prize is handed over to a transport person. HOHNER excludes liability for identity theft, misuse of access data, incorrect bank or address data or delivery damage. It is not possible to split the winnings. If several persons have created a video together, HOHNER will award the prize to the person named by the owner of the Instagram Profile.
§ 4 Rights of third parties to the transmitted photos and videos
The participant affirms that he/she has all necessary rights to uploaded photos and videos, that he/she has unrestricted exploitation rights to all parts including sound track and any pre-existing sound recordings, that the photos and videos are free of third-party rights and that no personal rights are infringed when persons are depicted. If the participant is not the sole author or rights holder, he/she declares that he/she holds the rights required for participation in the competition. If other persons are recognizably depicted on the photo or video, the participant affirms that they agree to the video being published. Upon request, the participant shall provide written assurance of the above and, upon request, provide written declarations of consent by the persons concerned. Uploaded videos may not contain any elements of pre-existing films, videos, television programmes, magazines, books, CD booklets, etc. Should third parties assert claims due to infringement of their rights, the participant shall indemnify HOHNER against all claims of any kind whatsoever, including in particular legal defence costs (e.g. lawyer's fees, court costs).
§ 5 Granting of rights of use for commercial purposes
(1) HOHNER may share, link, recommend and comment on all photos and videos uploaded to the competition on social networks (e.g. Instagram, Facebook or YouTube) and on the Internet, or use them in a similar way to social networks.
(2) HOHNER may upload individual photos videos by linking to the participant's profile on his/her own profiles in social networks and recommend them as "photo or video of the week" or in any other way; this use includes downloading and permanently saving the video. HOHNER may also use the winning photos and videos in this way regardless of the acceptance of the prize. For the above-mentioned purposes, the participant grants HOHNER a free, simple, unlimited, worldwide, irrevocable right to reproduce, store and make publicly accessible the videos.
(3) The participant grants HOHNER the free, exclusive, unlimited in time, worldwide, irrevocable, sub-licensable right to use the photos and videos in any known manner for advertising, execution and reporting about the competition and beyond for advertising purposes in the event that he is selected as the winner, irrespective of the acceptance of the prize. In particular, it grants HOHNER the right to store the photos and videos, to use them on its own websites and profiles in social networks, to reproduce and distribute them, to publish them, present them and make them publicly accessible and to pass them on to distribution partners, media (print, online, TV, radio, others) as well as media and advertising agencies for the purposes stated in this paragraph. The participant agrees that his or her photos or videos may be combined with other works as well as modified or edited by HOHNER for all the aforementioned purposes while maintaining his or her personal rights. Correspondingly edited versions, in particular excerpts, still images or only image or sound tracks alone or in excerpts, can also be used as described. The participant waives the right to be named as author, performing artist and film producer.
(4) The participant may continue to use the uploaded photos or videos for private purposes, in particular in his Instagram profile, and thus retains a simple right of use. However, he may not use them in a way that could conflict with the interests of HOHNER. In cases of doubt, the participant agrees with HOHNER. The final decision is made by HOHNER.
(5) The participant agrees that HOHNER may use his name and/or pseudonym and, if known, his place of residence for the purposes specified in the above paragraphs.
§ 6 Liability; Premature termination of the video competition; Exclusion
(1) HOHNER neither checks the published photos and videos nor do we assume liability for them.
(2) HOHNER reserves the right to terminate the competition prematurely at any time without prior notice and without stating reasons or to change the course of the competition. HOHNER will make use of this option in particular if, for technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or for legal reasons, a proper execution of the video competition cannot be guaranteed.
(3) HOHNER reserves the right to exclude participants from the competition without giving reasons, in particular if submitted videos or other contents (e.g. comments) violate applicable law or the rights of third parties or if such a violation is reasonably suspected. The same applies if the participant makes false statements or if the photos or videos or other contents (e.g. comments, contents of the participant's profile or other public statements of the participant) can be regarded as obscene, offensive, defamatory, ethically offensive, glorifying violence, pornographic, harassing, unsuitable for minors, racist, inciting the people, xenophobic, right-wing extremist and/or otherwise reprehensible. If the excluded participant is a selected winner, the prize may be subsequently revoked.
§ 7 Exclusion of legal action, applicability of German law
Legal recourse is excluded. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
§ 8 Data protection
Hohner Musikinstrumente GmbH, Andreas-Koch-Straße 9, 78647 Trossingen, Germany is responsible for the data processing. The managing director is Arthur Chuang. You can reach our data protection officer at datenschutz@sonor.de.
We store contributions of the participants, their names and if necessary further data, which the participants made on Instagram. This is necessary for us to be able to conduct the photo and video competition. The legal basis for use is Art. 6 Para. 1 b) GDPR. This data will be deleted after two years.
In the case of the winners, we also store the details provided to us on request, such as account details and postal address, which are necessary for us to be able to send them their prizes. The legal basis for this use is Art. 6 Para. 1 b) GDPR. This data will be deleted after the statutory limitation period has expired.
We publish the entries with the names and places of residence of the winners, but without postal codes and addresses, within the framework of the award ceremony, the reporting on the video competition and, if applicable, our own advertising use on HOHNER portals and websites, in particular on our own profile pages/channels in social media such as Instagram, Facebook or YouTube. This is necessary so that we can report on the video competition ourselves. The legal basis for use is Art. 6 Para. 1 b) GDPR.
For reporting and any advertising, we pass on the contributions, possibly in a form processed by us, with the name and place of residence of the winners, but without postcode and address, to third parties such as sales partners, media, media and advertising agencies, so that they can be used as intended. The legal basis for such use is Art. 6 Para. 1 b) GDPR.
Your rights
You have the right to request confirmation from the data controller as to whether personal data concerning you are being processed; if this is the case, you have the right to access this personal data and the information specified in Art. 15 GDPR.
Pursuant to Art. 15 para. 3 GDPR, you have the right to obtain a copy of the personal data subject to processing from the data controller.
Pursuant to Art. 16 GDPR, you have the right to request the person responsible to correct incorrect personal data concerning you without undue delay and to complete incomplete personal data.
You have the right to obtain from the person responsible. The data subject shall be entitled to demand that personal data relating to you be deleted without undue delay if one of the reasons specified in Art. 17 GDPR applies.
You have the right to demand that the data controller restrict processing if one of the conditions listed in Art. 18 GDPR applies.
You have the right to receive the personal data concerning you from the data controller in a format outlined in Art. 20 GDPR.
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data pursuant to Article 6 (1) f) GDPR pursuant to Art. 21 GDPR.
If you have given your consent to the processing of your data, you can revoke it at any time. A revocation does not affect the legality of the data processing that has taken place up to that point.
Without prejudice to any other administrative or judicial remedy under Art. 77 GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, workplace or place of presumed infringement, if you are of the opinion that the processing of your personal data violates the GDR. The competent supervisory authority in North Rhine-Westphalia is The State Commissioner for Data Protection and Freedom of Information, North Rhine-Westphalia, PO Box 20 04 44, 40102 Düsseldorf.
In addition, HOHNER's data protection regulation applies, which you can view here.
