Rules

These terms and conditions of participation

1. Coverage of application

These terms and conditions of participation apply to all raffles conducted by Cassandra Osborn of Hernest Project (hereinafter referred to as "Organizer"). By participating, each participant accepts these terms and conditions of participation. This competition is not affiliated with Instagram. It is in no way sponsored, supported or organized by Instagram and does not create any legal claims against Instagram. All information in this contest is provided solely by the organizer.

2. Participation

2.1 Any natural person in their name with a minimum age of 18 years is entitled to participate. Participants who have already reached the age of sixteen but are not yet of legal age may only take part in the raffle with the consent of their legal guardians.

2.2 Excluded from participation are minors under the age of 16 years and persons without legal capacity.

2.3 The organizer reserves the right to exclude persons from participation who violate these terms and conditions of participation or who obtain or wish to obtain an advantage over other participants by improperly influencing or manipulating the raffle. In such cases, the Organizer may also exclude participants from the competition retroactively, forfeit prizes and reclaim them.

2.4 Participation is only possible within the time limit specified in the description of the competition. Each participant may only participate once in an identical competition.

2.5 Excluded from participation in the competition are employees of the competition organizer as well as employees of the companies involved in this competition and their direct relatives.

2.6 Eligible participants are persons residing in CANADA or the USA.

3. Execution of the raffle

3.1 A prerequisite for participation in the contest is a comment on the Instagram presence of the organizer or the re-positioning of a photo on Instagram. Which action is to be taken can be taken directly from the competition participation page. If a further prerequisite for participation in the raffle is necessary, this is directly stated in the description of the raffle. The raffle will be held within the specified period. All participants who meet the requirements mentioned under items 2 and 3 by the respective time of the draw will be considered for the competition. Immediately after expiry of the participation period, the winner will be drawn randomly from among the participants.

3.2 Any change or cash payment of the prize is excluded. The prize is not transferable.

4. Processing of winnings

4.1 The winner will be notified by the Organizer by e-mail or electronically (via Instagram Direct Message). With respect to the prize, each entrant so notified shall be required to inform the Organizer within one month of the date of dispatch of the notification whether he accepts the prize.

If the Organizer does not receive such notification within this period, the possibility of accepting the prize shall be forfeited and the Organizer reserves the right to identify and notify another Participant accordingly.

4.2 If the contact details provided by the participant are incorrect (e.g. e-mail address), the Organizer is not obliged to determine the correct data. Any disadvantages resulting from the provision of incorrect contact details (e.g. incorrect e-mail address) shall be borne by the participant.

5. Liability for defects

The Organizer shall only be liable for damages incurred by the winner due to material and/or legal defects in the event of malice, intent or gross negligence. Any other liability for material and/or legal defects is excluded.

6. Early termination, adjustment or modification of the raffle

The organizer is entitled to terminate, adapt or change the competition prematurely at any time without prior notice and without stating reasons, if a proper execution of the competition cannot be guaranteed without appropriate measures for technical or legal reasons.

7. Data protection

7.1 The Organizer uses the data of the participants received in the course of participation in the competition to carry out and process the competition. You can object to the storage and use of your data for this purpose at any time by sending a message to the contact option described below.

7.2 The Organizer reserves the right to publish the name of the winner on a competition page, provided the winner has not objected to this.

7.3 Upon textual request to the Organizer, the participant will be informed about the personal data stored about him/her and has the opportunity to correct this data.

8. Intellectual property/ rights of use/ exemption agreement

8.1 The participant affirms that all images published by him do not violate the rights of third parties and that the participant alone is entitled to dispose of the rights to the published images without restriction and free of rights of third parties. The participant further declares that he has not made any disposition of the rights contrary to these Terms of Use or will not make any dispositions in the future.

8.2 With regard to the published images, the Participant grants the Organizer a simple right of use, unlimited in time and place, with regard to all types of use for publication on the Instagram Page, the Facebook Page and this website. Furthermore, the Organizer is granted the right to grant simple sublicenses. Furthermore, the organizer is granted the right to edit the images submitted by the participant, which entitles the Organizer to edit and/or rearrange the template using analog, digital or other editing options while respecting the copyright.

8.3 If the participant violates the copyrights, industrial property rights, labelling rights or other property rights of a third party, the participant undertakes to indemnify the Organizer in full from all justified claims of the third party arising from the violation of rights. The participant is also obliged to bear the costs of the necessary legal defence including all court and lawyer's fees, this does not apply if the participant is not responsible for the infringement.

9. Applicable law

The law of the Federal Republic of Germany shall apply to all legal relations between the parties. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.