1. Competition

These terms and conditions for participation (hereinafter “Terms”) apply to the JACK WOLFSKIN “Jack Wolfskin 3 in1 Follower Photo Content (hereinafter “Competition”). The Competition is in no way sponsored endorsed or administered by Instagram. Contact person and person responsible is only JACK WOLFSKIN Ausrüstung für Draussen GmbH & Co. KGaA, Jack Wolfskin Kreisel 1, 65510 Idstein, Germany, e-mail info@jack-wolfskin.com (hereinafter “JACK WOLFSKIN”).

2. Eligibility

The Competition is open to all Instagram Users with a valid Instagram account regardless of the place of residence. Participants must be 18 years or older. If a participant is restricted in his legal capacity, the consent of his legal representative is required. Employees, relatives and sales partner of JACK WOLFSKIN, and JACK WOLFSKIN STORES are not permitted to enter. Any entries made using an automated service (competition entry services) will be automatically excluded from the Competition. If the conditions for exclusion are met, prizes may be subsequently withdrawn or prizes already paid out or delivered may be reclaimed. Participants can only take part in their own name and own Instagram account. By participating, the participants agree that their names may be published on the JACK WOLFSKIN Instagram channel.
JACK WOLFSKIN reserves the right to exclude persons from participation who violate these conditions of participation or gain or seek to gain an advantage over other participants by improperly influencing or manipulating the competition. In these cases JACK WOLFSKIN can also subsequently exclude participants from the competition, withdraw prizes and reclaim them.

3. The competition process

The entire Competition begins on September 20, 2024 at 0:00 (CET) and closes on October 4, 2024 at 23:59pm (CET) (hereinafter “Competition Period”). Entries received after this deadline will not be eligible. The Competition takes place on the official Instagram account of JACK WOLFSKIN (@jackwolfskin). To take part in the Competition, the participants must send in an image of themselves in a jack wolfskin jacket. The images must be sent in via Instagram direct message. JACK WOLFSKIN will publish the competition post during the competition period. Participants can send in as many images as they want.
The Competition entry does not require the purchase of any JACK WOLFSKIN products, nor does this increase chances of winning the competition.

4. Prize

A total of four (4) finalists (“finalist”) will be drawn at random from the participants in the competition, who will each receive

ONE (1) 3-in-1 jacket

From these four finalists, one finalist will win a

Meet & Great for themselves and three friends with Reinhold Messner in Südtirol (“winner”).

Travel costs, accommodation and catering are not included in the prize.

5. Competition procedure

From all valid entries, four finalists will be selected by a 3-member jury from the Jack Wolfskin marketing team of JACK WOLFSKIN Ausrüstung für Draußen GmbH & Co. KGaA. The selection will be made within three working days of the end of the competition period. On October 10 2024, JACK WOLFSKIN will set up a voting within Instagram Stories, after which the community will decide which picture of these four finalists is the best. The voting will last 24 hours, after which the winner will be announced. The tagged winner must then contact JACK WOLFSKIN by direct message (DM). If the winner does not contact JACK WOLFSKIN within three days, the claim to the prize will be forfeited without substitution. JACK WOLFSKIN will then select a new winner.
The finalists and the winner must provide JACK WOLFSKIN with all data required for the delivery of the prize, in particular: Name, e-mail address and address to which the prizes (JACK WOLFSKIN products) are to be sent, as well as the size for the 3-in1 jacket.
The prizes (JACK WOLFSKIN products) will be sent to the winners by post within four (4) weeks of contacting JACK WOLFSKIN. The delivery period may be postponed if the goods are not available or in the event of delivery problems.
By participating in the competition, participants agree that their Instagram account names will be published on the JACK WOLFSKIN Instagram account if they win. The date and time of the competition may change. The claim to the prize cannot be transferred or assigned to others. It is not possible to exchange the prize for cash instead of the respective prize.
Participants who have not won this 3-in1 photo competition or are not one of the four finalists agree that Jack wolfskin may contact them in connection with this 3-in 1 photo competition.

6. Rights of use

By participating in this competition, the winner & the 4 finalists agree that the photos taken by him/her and the photos submitted as part of the registration within the meaning of Clause 5 together with their name may be published on websites operated by Jack Wolfskin, on Jack Wolfskin social media platforms (Instagram, TikTok, LinkedIn, Facebook, Pinterest, YouTube), in Jack Wolfskin print publications, on posters, e.g. for the design of the Jack Wolfskin POS (point of sale), in Jack Wolfskin newsletters and as part of general communication measures. The winner will be entitled to publish the personal data in Jack Wolfskin's POS (point of sale) design, in Jack Wolfskin newsletters and as part of general communication measures, which can be viewed by any third party worldwide. The winner transfers to Jack Wolfskin a non-exclusive, temporally and geographically unlimited right to physical and non-physical use within the scope of the statutory protection period. Jack Wolfskin accepts the transfer of rights upon receipt of the
In particular, the winner grants Jack Wolfskin the following exclusive, temporally and territorially unrestricted rights of use:

a) The right of reproduction, making available to the public and distribution, i.e. the right to reproduce the work within the meaning of Clause 2 , including any technical possibilities, in particular by digital integration within the framework of the website, without limitation and to make it publicly accessible or publicly reproduce it;
b) the right of making available on demand, i.e. the right to store the work, to make it available to the public, to transmit it to one or more users, in all analog or digital electronic databases, electronic data networks and networks of telecommunication services;
c) the right of communication to the public, i.e. the right to reproduce the work commercially or non-commercially, by means of phonograms, videograms, audiovisual media, multimedia media or other data carriers, in particular also magnetic tapes, magnetic tape cassettes, video disks, chips, in all formats, using all analog and digital processes and techniques;
d) the editing right, i.e. the right to transform and edit the work as desired, either by yourself or through third parties, while preserving the moral rights of the author, in particular to digitize the work for the purpose of integrating it into the website;
e) the advertising right, i.e. the right to use the work for advertising the website, including in any other media and outside the Internet, namely on television and in print media, but not for advertising third-party products.

Jack Wolfskin does not owe a license fee for the photographs. The published contributions may be used freely by JACK WOLFSKIN worldwide. JACK WOLFSKIN also holds the rights of use for future and repeated use of the contributions (no remuneration). Jack Wolfskin does not owe a license fee for the photographs. The published contributions may be used freely by JACK WOLFSKIN worldwide. JACK WOLFSKIN also holds the rights of use for the future and repeated use of the contributions (no remuneration).

7. Liability

JACK WOLFSKIN shall only be liable – irrespectively of the legal grounds – if JACK WOLFSKIN is responsible for a breach of duty, the fulfilment of which is a prerequisite for the proper implementation of this Competition, the breach of which jeopardizes the achievement of the purpose of the Competition or the observance of which the participant/finalist/ winner can regularly rely on (cardinal obligation). In this case, JACK WOLFSKIN's liability is limited to foreseeable damage typical of the contract. Liability for missed savings or other remote consequential damages is excluded. Liability for material defects and defects of title of the Prize is also excluded. In particular, JACK WOLFSKIN accepts no liability for (i) errors in the transmission of data, (ii) theft or destruction of or unauthorized access to or alteration of participant data, (iii) technical faults of any kind and (iv) damage to the computer of an participant or any other person caused as a result of entering the Competition.
The above limitations or exclusions of liability also apply to the personal liability of JACK WOLFSKIN's officers, employees and agents.

In all other respects, JACK WOLFSKIN shall be liable without limitation insofar as it can be accused of gross negligence or intent. In the event of injury to life, limb or health, JACK WOLFSKIN shall also be liable for slight negligence.

The contributions published by participants may not be illegal, i.e. in particular they must not contain any insults or false statements of fact, infringe personal rights and/or intellectual property rights; in this case JACK WOLFSKIN is released from liability towards third parties.

8. Cancellation and changes to the Competition

JACK WOLFSKIN reserves the right to cancel, amend or postpone the Competition at any time without giving prior notice if it turns out that the Competition cannot be run in an orderly manner due to actual or legal reasons. In such an instance, JACK WOLFSKIN will not accept any liability or any requests for compensation. Especially in the following cases JACK WOLFSKIN is entitled to cancel, amend or postpone the Competition:

- Changing of the promotion guidelines by Instagram, in a way that promotion cannot be realized under valid regulations; cancellation of the contest by Instagram for whatever reasons.

- Technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; the unavailability or inaccessibility of any transmissions, telephone, or Internet service.

9. Data protection

Responsible for data processing in connection with the competition is JACK . WOLFSKIN Ausrüstung für Draussen GmbH & Co. KGaA, Jack Wolfskin Kreisel 1, 65510 Idstein, Germany.

JACK WOLFSKIN and Instagram (platform operator is Facebook Ireland Ltd., Grand Canal Square, Grand canal Harbour, Dublin 2 Ireland) are jointly responsible for data processing within meaning of Art. 26 GDPR.

Processing of your personal data in the context of the competition:

We process your personal data for the proper implementation and processing of the competition and in particular for sending the prize.

To carry out the competition, the profile name and, if available, first and last name of the respective participant are collected and stored. In order to send the prize, we also collect the surname and first name, size for the 3-in1 jacket as well as the address from the finalists and winner(s) and pass this data on to a shipping company commissioned by us. Your data will not be passed on to third parties beyond this.

Furthermore if you are the winner of the competition or one of the four finalists Jack Wolfskinn processes the photos submitted as part of the registration within the meaning of Clause 5 together with their name and published these personal data on websites which are operated by Jack Wolfskin, on Jack Wolfskin social media platforms (Instagram, TikTok, LinkedIn, Facebook, Pinterest, YouTube), in Jack Wolfskin print publications, on posters, e.g. for the design of the Jack Wolfskin POS (point of sale), in Jack Wolfskin newsletters and as part of general communication measures.

For this reason the photo and the name of the winner/finalist could be passed on to the following third parties:

a) Facebook Ireland Ltd., 4 Grand Canal Square Grand Canal Harbour, Dublin 2, Ireland; http://www.facebook.com/policy.php; Facebook hat sich dem EU-US-Privacy-Shield unterworfen.
b) X Corp.(früher bekannt als Twitter), Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; https://twitter.com/privacy. Twitter hat sich dem EU-US-Privacy-Shield unterworfen.
c) Instagram, provided by Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, https://help.instagram.com/519522125107875
d) Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland, https://policy.pinterest.com/en/privacy-policy
e) LinkedIn für Länder der Europäischen Union (EU), des Europäischen Wirtschaftsraums (EWR) und die Schweiz: LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland und für alle übrigen Länder: LinkedIn Corporation, 1000 W. Maude Avenue, Sunnyvale, CA 94085, USA. Die LinkedIn Corporation hat sich dem EU-US-Privacy-Shield unterworfen.
f) Xing SE, Dammtorstraße 30, 20354 Hamburg, Deutschland, https://privacy.xing.com/en/privacy-policy
g) Youtube Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland, https://www.youtube.com/intl/de_be/howyoutubeworks/user-settings/privacy/.
h) Tik Tok Technology Ltd., 10 Earlsfort Terrace, Dublin D02 T380, Irland. Die Datenschutzerklärung von TikTok finden Sie hier: https://www.tiktok.com/safety/de-de/privacy-and-security-on-tiktok/

The legal basis for this processing of your personal data is Art. 6 Para. 1 lit. b GDPR (implementation of pre-contractual measures and fulfillment of a contract).

Data protection incidents, communication with supervisory authorities

Jack Wolfskin Ausrüstung für Draussen GmbH & Co. KGaA handles all data security incidents for all data processing covered by this Privacy Policy and communicates with the data protection authorities; including the fulfilment of any reporting obligations to the competent supervisory authority (Art. 33 GDPR) or notification obligations to the data subjects (Art. 34 GDPR).

Our leading authority is:

Der Hessische Beauftragte für Datenschutz und Informationsfreiheit

vertreten durch
Prof. Dr. Alexander Roßnagel

Gustav-Stresemann-Ring 1
65189 Wiesbaden

Central point of contact:

The Jack Wolfskin Data Protection Officer is the central point of contact for all concerns and questions in connection with the data processing described in this Privacy Policy, available at https://www.jack-wolfskin.de .

You can reach him under the following contact details

Jack Wolfskin Ausrüstung für Draussen GmbH & Co. KGaA
Jack Wolfskin Kreisel 1
65510 Idstein/Ts.
E-mail: datenschutz@jack-wolfskin.com

Saving of data:

After the end of the competition, the collected personal data processed as part of the competition will be deleted no later than three months after the end of the competition, unless you have given effective consent to further processing (e.g. with regard to sending the newsletter) and/or we have no legitimate interest in further storage.

The applicable data protection law grants you the following rights as a data subject

Right of information according to Art. 15 GDPR:

In particular, you have a right to information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data was or will be disclosed, the planned storage period or the criteria for the Determination of the storage period, the existence of a right to correction, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if they were not collected from you by us, the existence of automated decision-making including profiling and if applicable, meaningful information about the logic involved and the scope and intended effects of such processing on you, as well as your right to information about the guarantees according to Art. 46 GDPR if your data is forwarded to third countries;

Right to rectification according to Art. 16 GDPR:

You have the right to immediate correction of incorrect data concerning you and/or completion of your incomplete data stored by us;

Right to erasure according to Art. 17 GDPR:

You have the right to request the deletion of your personal data if the requirements of Article 17 (1) GDPR are met. However, this right does not apply in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

Right to restriction of processing in accordance with Art. 18 GDPR:

You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you contest, is checked, if you refuse to delete your data because of inadmissible data processing and instead request the restriction of the processing of your data, if you change your data to assert, exercise or defend legal claims after we no longer need this data after the purpose has been achieved or if you have lodged an objection for reasons of your particular situation, as long as it is not yet clear whether our legitimate reasons prevail;

Right to information according to Art. 19 GDPR:

If you have asserted the right to correction, deletion or restriction of processing against the person responsible, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort. You have the right to be informed about these recipients.

Right to data portability according to Art. 20 GDPR:

You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request transmission to another person responsible, insofar as this is technically feasible;

Right to revoke granted consent in accordance with Art. 7 Para. 3 GDPR:

You have the right to revoke your consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately, unless further processing can be based on a legal basis for processing without consent. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation;

Right to complain according to Art. 77 GDPR:

If you believe that the processing of your personal data violates the GDPR, you have the right - without prejudice to any other administrative or judicial remedy - to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged violation.

10. Other provisions

These Terms and the Competition is governed by the laws of the Federal Republic of Germany. If the participant is domiciled or habitually resident in another state of the European Union or in Switzerland at the time of commenting on the post on the official Instagram account of Jack Wolfskin (@jackwolfskin), the application of mandatory statutory provisions (in particular consumer protection regulations) of this other state shall remain unaffected by the foregoing choice of law. Legal proceedings are excluded.

Should individual provisions of these terms be or become invalid, the validity of the remaining terms remain unaffected.

There will be a complete release from Instagram by each participant. This Competition is not affiliated with Instagram and is in no way sponsored, endorsed or organized by Instagram. Instagram has nothing to do with this Competition economically or legally. Instagram is exempt from any responsibility, which means Instagram does not cooperate with us and is not a co-organizer of the Competition. We use Instagram for this Competition at our own risk. All inquiries regarding the Competition should be directed to us. The legal process is excluded.

Complaints or questions concerning these terms may be submitted in writing to the promoter JACK WOLFSKIN Ausrüstung für Draussen GmbH & Co. KGaA, Jack Wolfskin Kreisel 1, 65510 Idstein, Germany, or by emailing info@jack-wolfskin.com.