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, VAT number DE 121280555. Every day beginning on 1st December 2020 until 24th December 2020 prizes will be raffled on the European C&A Instagram profile named C&A. The raffle shall be governed exclusively by these Terms and Conditions.
2. The respective prizes for each raffle will be announced on the C&A Instagram profile as an Instagram post in the time between 1st December 2020 and 24th December 2020.
The raffled merchandise will be available in sizes EU 36, 38, 42 and XL for ladies’ garments and M, L, XL for men’s garments and EUR 110, 128 and 152 for kid’s garments.
3. The raffle is open to people with their permanent residence in Germany, the Netherlands, Austria, France, Italy, Spain, Portugal and Switzerland. Residents from other European countries are excluded from participation due to national legal restrictions on the participation of raffles. C&A employees and their relatives are excluded from participation as well. 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 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 C&A Instagram profile, Like and Comment under the respective Instagram post, tell us who will love the present and why and tag a friend. The comment of the participant shall include the information about the participants preferred size if merchandise will be raffled. In case a travel price is raffled the participation mechanism is as follows: the participants need to like the respective C&A Instagram post, share it to their own story and tag @ca, post a photo/video of themselves on their own Instagram account using C&A’s Ugly Sweater Filter and share a love story with C&A (for this the respective Instagram profile is required to be PUBLIC). The hashtag #lovesince1841 is required to be used. The best story will be chosen and wins the travel price.
In principle applies that 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 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 7 days after the respective raffle ended and will have to accept the prize within 3 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. If a prize consists of several components, it can only be claimed as a whole. Even partial cash payments of the prize 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.
In case a travel prize is raffled the following conditions apply:
The prize includes the overnight stay including breakfast. All other food costs, including the consumption of products from the minibar, are at the winner's expense, i.e. the winner must bear all costs associated with the travel prize that are not expressly covered by the prize, such as food or other travel expenses.
The travel prize will be handled exclusively in direct contact between the winner and the respective prize sponsor or a tour operator commissioned by C&A or the prize sponsor. Upon confirmation of the trip, the winner is subject to the travel conditions of the tour operator.
The travel is to start in the period from February 01, 2021 to June 30, 2021. Should there be travel restrictions during this period due to the Corona pandemic and the trip therefore not be feasible, the travel period will be extended for a further 6 months. Travel dates will be arranged with C&A on request and subject to availability. There is no claim to a specific travel date.
The winner is responsible for all necessary travel formalities (e.g. valid passport, visa, valid (international) health insurance, Corona test, etc.) of all travellers. If the winner is unable to travel for reasons for which C&A is not responsible, he/she loses the right to the prize and has no claim to compensation.
Air travel is considered "economy class" from the supra-regional airport closest to the specified place of residence to the destination and back. In the event that travel by train is deemed to be more convenient for the winner, these journeys are valid "2nd class" from the station nearest to the specified place of residence to the destination and back. Costs for travel to and from the airport or railway station will be borne by the winner.
Accommodation means accommodation in a double room for every 2 travellers in a hotel (min. 4****) at the destination from 15:00 hrs on the day of arrival to 11:00 hrs on the following day.
The stated value of the trip refers to the most expensive travel time and is therefore subject to seasonal and currency fluctuations, depending on the time of provision and use of the trip. A compensation of this difference in value is excluded.
Insofar as the prize includes an accompanying person, CA& reserves the right, in the case of winners who are minors, that the accompanying person either has custody of the winner (usually one of the parents) or that the accompanying person is a person of full age designated for the trip by the winner's custodians (usually the parents) as the person responsible for the upbringing of the winner in the sense of the Youth Protection Act.
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. The liability of C&A, C&A's cooperation partners and the persons engaged by them for the execution of the competition and the payment and provision of the prize 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.
6. If the prize is a trip for which C&A is to be regarded as the tour operator by way of exception, and if the participant has made a genuine service in return (e.g. submission of texts, photos, songs or videos), the following applies in addition to Clause 5:
The contractual liability of C&A for damages that are not physical injuries is limited to three times the price of the trip,
- insofar as damage to the participants is not caused by C&A either intentionally or through gross negligence, or
- insofar as C&A is responsible for any damage incurred by the traveler solely due to the fault of a service provider (e.g. airline, hotel).
C&A shall not be liable for service disruptions, personal injury or damage to property in connection with services, which are merely brokered as external services if these services are recognizable to the traveler as not being part of the travel services provided by C&A. This does not apply if the damage suffered by the traveler is due to a violation of C&A's obligations to inform, educate and organize.
C&A's liability for travel defects is excluded in any case, unless C&A acts as a tour operator (i.e. does not compile a totality of travel services on its own responsibility, but merely arranges a contract with a third tour operator, or the winner did not have to provide any significant service in order to participate in the competition).
7. 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.
8.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) 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:
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, the dispatch of the prize or the organization and execution of a journey 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
9. Questions or complaints in connection with the raffle shall be directed to C&A. Contact information can be found in the C&A Instagram profile.
German law shall apply. Legal recourse is excluded.
10. 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.
11. 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.
The charity campaigns are executed by C&A Mode GmbH & Co. KG and contain different donation sums and donation recipients.
December 2, 2020: This charity campaign is executed by C&A Mode GmbH & Co. KG. The donation goes to Save The Children. The maximum sum of donation for this campaign is capped at 2,670.00 Euro. The donation amount is measured according to the sales of the product within the online shop of C&A and is calculated between the day of the post publishing and the 31st of December 2020. Each individual sale of the product (‘Sheep toy’) collects a donation amount of 8.90 Euro. The final amount of donation can vary depending on the actual sales figures and can differ from the defined maximum sum of donation. The maximum sum of donation must not be adhered to in case the sales figures are lower than the defined figure.
December 5, 2020: This charity campaign is executed by C&A Mode GmbH & Co. KG. The donation goes to Save The Children. The maximum sum of donation for this campaign is capped at 10,000.00 Euros. The donation amount is measured according to the sales of products from the “kids” and “babies” categories within the online shop of C&A and is calculated solely on the day of publishing the post. From all sales in these categories on this day, 1% of revenue is donated. The final amount of donation can vary depending on the actual sales figures and can differ from the defined maximum sum of donation. The maximum sum of donation must not be adhered to in case the sales figures are lower than the defined figure.
December 14, 2020: This charity campaign is executed by C&A Mode GmbH & Co. KG. The donation goes to Pink Ribbon Deutschland (Germany). The maximum sum of donation for this campaign is capped at 10,000.00 Euros. The donation amount is measured according to the sales of bras from the lingerie category within the online shop of C&A and is calculated solely on the day of publishing the post. From all sales in these categories on this day, 10% of revenue is donated. The final amount of donation can vary depending on the actual sales figures and can differ from the defined maximum sum of donation. The maximum sum of donation must not be adhered to in case the sales figures are lower than the defined figure.
December 18, 2020: This charity campaign is executed by C&A Mode GmbH & Co. KG. The donation goes to Save The Children. The maximum sum of donation for this campaign is capped at 10,000.00 Euro. To calculate the donation amount, Instagram photography posts of individual users (“participants”) are counted from the day of publishing the post until December 24th, 2020. For each individual participant counted, C&A Mode GmbH & Co. KG donates 5.00 Euros to Save The Children. The final amount of donation can vary depending on the actual number of participants and can differ from the defined maximum sum of donation. The maximum sum of donation must not be adhered to in case the number of participants are lower than the capped donation amount.