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Terms and Conditions

1. The raffle is organized by C&A Mode GmbH & Co.KG (in the following “C&A”) with its registered office at Wanheimer Straße 70, 40468 Düsseldorf, DE 121280555. Every day beginning on 1st December 2020 until 24th December 2020 prizes will be raffled on the European Clockhouse Instagram profile named Clockhouse. The raffle shall be governed exclusively by these Terms and Conditions.

2. The respective prizes for each raffle will be announced on the Clockhouse Instagram profile as an Instagram post each day from the 1st December 2020 until 24th December 2020.

3. The raffle is only open to people with their permanent residence in Germany, the Netherlands, Austria, France, Switzerland, Italy, Portugal and Spain. C&A employees and their relatives are excluded from participation. The minimum age for participation is 18 years on the day of the respective raffle.

In addition, C&A reserves the right to exclude people from participation at its own discretion if there are legitimate reasons, e.g. (a) in the event of manipulation in connection with access to or participation in the raffle, (b) in the event of violations of these Terms and Conditions, (c), in the event of false or misleading information in connection with the participation in the raffle.

4. Each person is entitled to participate once per day and raffle. Each of the 24 raffles will begin with the publishing of the Instagram post on the C&A Instagram profile at 9:00 h CET and end at 23:59 h CET of the same day. 

Participation will take place on the basis of following the Clockhouse Instagram profile, Like and Comment under the respective Instagram post. The comment of the participant shall include the preferred size of the merchandise. Participation is possible only within the participation period of the respective raffle. Participation after the closing date will not be considered.

It is strictly forbidden to use multiple e-mail addresses or multiple Instagram profiles to increase the chances of winning.

The participation is free of charge except for the incurring telecommunication costs that have to be borne by the participant.

The winners – one per day and raffle - will be determined after the closing date as part of a random raffle among all participants. They will be notified via Instagram Direct Message within 10 days after the respective raffle ended and will have to accept the prize within 5 days after notification by telephone or in writing, e.g. via Instagram Direct Message. If the respective winner does not respond within the specified period, the entitlement to the prize lapses and C&A will draw the prize again as part of a random raffle among all participants within 7 days.

The prizes will be handed over exclusively to the winners. An exchange, a collection by the winner or cash payment of the prizes are not possible. Any costs incurring for sending the prizes will be borne by C&A. The risk of deterioration and accidental loss shall pass to the winner upon dispatch.

5. To the extent permitted by law, C&A excludes liability for any technical difficulties and the electronic transmission of data affecting the final result of the raffle or participation in the raffle as well as claims in connection with the processing of the prizes played out.

6. C&A reserves the right to terminate the raffle in whole or in part at any time, even without notice. This applies in particular if due to technical (e.g. manipulation) or legal reasons (e.g. prohibition by Instagram) proper execution is not guaranteed.

7. By participating in the raffle, the participants confirm that they have read and accepted the conditions of participation and that they agree to the use of their personal data (full name, address, e-mail address, telephone number, date of birth, size) exclusively for the purposes of the raffle and the sending of the prize.

The company responsible for data processing within the meaning of data protection law is:

C&A Mode GmbH & Co. KG, Wanheimer Strasse 70, 40468 Düsseldorf, Germany

Our data protection officer can be reached out to the postal address from above or to e-mail: [email protected]

Phone: +49 (0) 211 / 9872-0

C&A processes the personal data of the participants is a contractual requirement and necessary in order to run the raffle, among other things to determine whether the participant is eligible to participate and to determine and notify the winners. If the participant does not provide C&A with the aforementioned data, it is not possible to participate in the raffle or to contact C&A regarding a prize notification. Personal data is processed lawfully on the basis of the General Data Protection Regulation (GDPR), namely for the fulfilment of a contract as well as for safeguarding our legitimate interests in the security and integrity of our systems as well as the defence against claims made against us in connection with the registration page and winnings - see Article 6 paragraph 1 letters b), and f) GDPR or § 15 paragraph 3 German Telemedia Act (TMG).

After determination of the respective winner, the personal data processed within the framework of the raffle will be deleted within 90 days.

As a matter of principle, the data will not be passed on to third parties, unless the passing on is necessary for the execution of the raffle or the dispatch of the prize and there is a data protection-legal right of transmission. The data will then be processed by the commissioned service providers within the scope of order processing in accordance with Article 28 GDPR. All contract processors have been carefully selected, support C&A strictly according to instructions and are only granted access to the data of the participants to the extent and for the period required that is necessary for the provision of the services or to the extent to which the participant has agreed to the data processing and use.

According to the GDPR, the participants have the right to request information on their personal data, as well as to demand correction, deletion or at least restriction of the processing of their personal data. The participants also have the right to data transferability. We will respond to such requests within one month at the latest in accordance with Article 12, paragraph 3 of the GDPR.

If the participant wishes to make use of their right of revocation or objection, an informal notification to the e-mail address [email protected] is sufficient. Moreover, the participants are entitled to lodge a complaint with a data protection authority if they do not agree with the processing of their data.

The supervisory authority responsible for us is:

Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen

Kavalleriestraße 2-4               phone: +49 211 385 24 0

40213 Düsseldorf                   telefax: +49 211 384 24 10

                                                email: [email protected] (PGP Key)

                                                homepage: https://www.ldi.nrw.de

8. Questions or complaints in connection with the raffle shall be directed to C&A. Contact information can be found in the Clockhouse Instagram profile.

9. German law shall apply. Legal recourse is excluded.

10. If individual prices do not originate from the C&A product range, any warranty and other claims against C&A in connection with the winnings are excluded. Otherwise, the liability of C&A and eventual cooperation partners is limited to cases in which essential contractual obligations have been violated, the fulfilment of which the participant could rely on to a special degree (so-called cardinal obligations). The scope of liability is limited to the foreseeable damage typical for the contract. The exclusion of liability does not apply in the case of deliberate, grossly negligent or malicious behaviour, nor does it apply to personal injury, guarantees or claims under the Product Liability Act.

11. If a provision of this agreement is or becomes legally invalid or if there is any gap that needs to be filled, the validity of the remainder of the agreement shall not be affected thereby. Invalid provisions shall be replaced by common consent with such provisions which come as close as possible to the intended result of the invalid provision. In the event of gaps such provision shall come into force by common consent which comes as close as possible to the intended result of the agreement, should the matter have been considered in advance.

12. THIS PROMOTION IS NOT RELATED TO INSTAGRAM AND IS NOT SPONSORED, SUPPORTED OR ORGANIZED BY INSTAGRAM IN ANY WAY. BY PARTICIPATING IN THIS RAFFLE, ALL PARTICIPANTS WILL RELEASE INSTAGRAM FROM ANY CLAIMS OR LIABILITY IN CONNECTION WITH THE RAFFLE. INSTAGRAM IS NOT AVAILABLE AS A CONTACT FOR THE RAFFLE.

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