1.1 This Contest is solely organized by the Jimdo GmbH, Stresemannstr. 375, 22761 Hamburg, Germany, www.jimdo.com, firstname.lastname@example.org
1.2 The Contest hosted by Jimdo GmbH (hereinafter “Jimdo”) is in no way sponsored, endorsed, administered by, or associated with Instagram. In participating, the Participant is providing their information to Jimdo and not to Instagram. The Participant and/or the Winner fully releases Instagram from any and all liability, claims, demands, and causes of action for personal injury and or damage, theft, or loss suffered in connection with this Contest or the use or acceptance of the Prize or any portion thereof whatsoever.
2.1 The Contest shall begin with the posting of the Contest announcement on Jimdo’s official Instagram account (https://www.instagram.com/jimdo_official/) on the 22nd February 2019 and shall end on the 25th February 2019 at 10:00 CET.
2.2 Entries must be made by submitting a comment under the Contest Post (which shall clearly be labelled as such), on the Jimdo’s official Instagram account and answering the question posed by Jimdo within the timeframe stipulated by Jimdo in the Contest post. Only Comments submitted to the Contest Post will be considered. Each Participant has the opportunity to enter a maximum of three (3) entries(comments) under the Contest Post. Any additional entries will not be taking into account. Entries received after the stipulated closing time as well as entries not directly made under the Contest Post (e.g. private messages) will be invalid and will not be included in the Contest. No responsibility can be accepted for entries not received or falsely posted, for whatever reason.
2.3 By participating, the Participant agrees to be fully and unconditionally bound by these Rules, and they represent and warrant that they meet the eligibility requirements. In addition, the Participant agree to accept the decisions of Jimdo as final and binding as it relates to the content of this Contest.
2.4 The Winner, as well as the correct answer to the question asked in the Contest Post, shall be declared on the Jimdo’s official Instagram Account via a comment made by Jimdo under the Contest Post, clearly identifying the winner at the end of the Contest on the 25th of February 2019 at 12:00 ECT. The Winner will be chosen randomly among the correct entries. The winner will be requested to contact Jimdo directly via email(email@example.com). In the event that the Winner fails to respond to Jimdo to confirm its acceptance of the Prize within three (3) days subsequent to the announcement of the Winner by Jimdo, Jimdo reserves the right (at its sole discretion) to forfeit the Prize or select an alternative Winner. The prizes shall correspondingly be assigned and delivered electronically by Jimdo.
2.5 The Participants have the opportunity, as announced in the applicable Contest post, to win a free twelve (12) month subscription for a Grow or an eCommerce package from Jimdo. Only 1 Winner will be chosen to receive the Prize. The Winner will have to choose between the Grow or the eCommerce Package and is only entitled to one of the two Packages and the prize only applies to the first year of a new Jimdo Subscription. This prize cannot be applied to existing subscriptions or renewals. After the initial contract period of twelve (12) months, the subscription will renew in accordance with the then valid price list. The subscription or the contract can be terminated at any time in accordance with the Jimdo Terms and Conditions.
3. Participation, Notification, Eligibility
3.1 Eligibility: This Contest is open to all natural persons who have reached the legal age of majority in their province/territory of residence at the time of entry and who fulfill the following criteria:
Follow the Jimdo Instagram Page: https://www.instagram.com/jimdo_official/. Post a comment under the relevant Jimdo Contest post on Instagram Page and answer the question(s) as detailed in the Contest post(s). Jimdo reserves the right to verify the eligibility of Participants at any time throughout the contest.
3.2 During the Contest period (Provision 2.1) all eligible Participants have the opportunity to participate in the Contest.
3.3 The Winner(s) will be selected from all eligible entries received before the closing time (as detailed in Points 2.4), at the sole discretion of Jimdo.
3.4 No payment is required to enter the Competition.
3.5 By entering this competition, the Participant is indicating their agreement to be bound by these Conditions of Participation (hereinafter referred to as the “Conditions”).
3.6 By entering this Contest via their Instagram comment, the Participant understands and agrees that Jimdo, anyone acting on behalf of Jimdo, and Jimdo’s licensees, successors, subprocessors and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, the Participant’s entry, Instagram name, associated image(Instagram profile image) and statements about the Campaign for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent.
3.7 No cash alternative to the prizes will be offered.
4. Exclusion from Participation and Limitation of Liability
4.1 Excluded from participation are employees and their relatives, as well as agents of Jimdo.
4.2 Participants agree not to share any illegal content or content which infringes upon the rights of others. Jimdo reserves the right, at its sole discretion, to remove and delete the associated comment and disqualify any Participant who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Conditions.
4.3 By entering this Contest, the Participant represents and warrants that their entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If the Participant’s entry infringes upon the intellectual property rights of another, the Participant will be automatically disqualified at the sole discretion of Jimdo. If the content of the Participant’s entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, the Participant shall, at their sole expense, defend or settle against such claims. The Participant will indemnify, defend, and hold Jimdo harmless from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Jimdo may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
4.4 By entering into this Contest, the Participant agrees to release and hold harmless Jimdo GmbH and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such Participant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention or human error in any part of the entry process or the Contest; (v) electronic or human error in the administration of the Promotion or the processing of entries.
5. Premature Termination of this Contest
5.1 Jimdo reserves the right to suspend, cancel or amend the Contest and/or review and revise the Conditions at any time without giving prior notice. By continuing to take part in the Contest subsequent to any revision of these Conditions, Participants shall be deemed to have agreed to any such new or amended Conditions.
6. Data Protection and Legal Recourse
6.1 The responsible body for the data processing in connection with this Contest, within the meaning of the Federal Data Protection Act and Teleservices Act of the Federal Republic of Germany is the Jimdo GmbH, Stresemannstrasse 375, 22761 Hamburg, Germany (firstname.lastname@example.org).
6.4 No correspondence concerning the Contest or the chosen Winners will be entered into, and there is no right of appeal.
6.6 This Contest is governed by the law of the Federal Republic of Germany and is, where applicable, subject to the exclusive jurisdiction of the courts of Hamburg, Germany.
6.7 If any provision of these Conditions is held to be invalid by a court of law or similar, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.