General conditions of participation

1. Scope of Application

These participation conditions apply to all contests conducted by Talky GmbH, Französische Str. 20, 10117 Berlin (hereinafter referred to as “Organizer”). Each participant acknowledges these participation conditions by participating.

This contest is not associated in any way with Instagram. It is not sponsored, supported, or organized by Instagram, and does not establish any legal rights against Instagram. All information provided in the context of this contest is supplied exclusively by the Organizer.

2. Participation

2.1 Any natural person in their own name, with a minimum age of 18 years, may participate. Participants who have reached the age of sixteen but are not yet of legal age may participate only with the consent of their legal guardians. Younger participants must be represented by their parents and participate through their parents’ Instagram account.

2.2 The Organizer reserves the right to exclude persons who violate these participation conditions or who attempt to gain an advantage over other participants through undue influence or manipulation of the contest. In these cases, the Organizer may also exclude participants from the contest after the fact or disqualify them.

2.4 Participation is only possible within the period specified in the contest description. Each participant may enter only once in an identical contest.

2.5 Employees of the contest organizer, employees of the companies involved in the contest, and their direct relatives are excluded from participation.

3. Execution of the Contest

3.1 A prerequisite for participation in the contest is to follow the Organizer’s Instagram channel. If any other requirement for participation in the contest is required, it will be communicated directly at the opportunity to participate. The contest will be conducted during the mentioned period. All participants who meet the requirements mentioned in points 2 and 3 by the time of the draw will be considered. Immediately after the participation period ends, the winner will be randomly selected from among the participants.

3.2 The prize cannot be exchanged for cash or other prizes. The prize is non-transferable.

4. Procedure for Prize Delivery

4.1 The winner will be notified by email or electronically (via a direct message on Instagram and on Talky’s Instagram profile) by the Organizer. Regarding the prize, it is established that each notified participant must inform the Organizer within a month from the sending of the notification if they accept the prize. If the Organizer does not receive such notification within this period, the right to accept the prize will expire and the Organizer reserves the right to select and notify another participant.

4.2 If the contact details provided by the participant are incorrect (e.g., email address), the Organizer is not obliged to seek the correct data. The inconvenience resulting from providing incorrect contact details is borne by the participant.

5. Warranty

The Organizer is only responsible for damages suffered by the winner due to material and/or legal defects in case of intent, gross negligence, or bad faith. In other cases, liability for material and/or legal defects is excluded.

6. Early Termination, Adjustment, or Modification of the Contest

The Organizer has the right to terminate, adjust, or modify the contest at any time without prior notice and without giving reasons if a proper execution of the contest cannot be guaranteed for technical or legal reasons.

7. Applicable Law

Legal relations between the parties are governed by the law of the Federal Republic of Germany. For consumers, this choice of law only applies to the extent that it does not withdraw the protection granted by the mandatory provisions of the law of the country in which the consumer has their habitual residence.

8. Data Protection

The data processing controller in relation to the contest is:

Talky GmbH Französische Str. 20 10117 Berlin

The aforementioned controller is jointly responsible with Instagram (the platform operator is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) for data processing on the Instagram fan page where the contest is organized, according to Art. 26 of the GDPR.

8.1. Processing of your personal data in the context of the contest

We process your personal data for the proper execution and completion of the contest, especially for the shipment of the prize.

For conducting the contest, the profile name and, if available, the first and last names of the respective participant are collected and stored. To send the prize, we collect from the winner(s) the first name, last name, and address, and share these data with a shipping company contracted by us. No further transfer of your data to third parties will be made.

The legal basis for the processing of your personal data is Art. 6, para. 1, letter b of the GDPR (implementation of pre-contractual measures and fulfillment of a contract).

If we publish separately the first and last names of the winner(s) on our profile or fan page, or externally, for example, on our online store, this is only done with the explicit consent previously obtained from the winner(s