Conditions of participation "Stylists' Favorite Award" (Online Competition)
1. Subject matter
a) These conditions of participation govern the participation of the participants in the contest "Stylists' Favorite Award" of the Kao Germany GmbH, Pfungstädter Straße 98-100, 64297 Darmstadt, Germany, who is also the controller of the personal data in terms of data protection laws (hereinafter referred to as "Organizer").
b) The technical realization of the competition is performed by dlr marketing, inc., 222 Courthouse Court, Suite 2E, Towson, MD 21204, USA
c) Pursuant to the participation in the prize competition, the participants shall be deemed to accept these conditions of participation.
2. Conditions of participation
a) The prize competition shall start on 01. September 2019 and shall end on 15. September 2019.
b) Eligible to participate are those who have duly registered on the "Voter Registration Page" and are older than 18 years. Excluded are employees of the organizer as well as employees of the cooperation partners, who are or were engaged in the preparation or the execution of the prize competition.
c) For the purpose of a participation in the voting of the “Stylists‘ Favorite Award“ from all national Color Zoom 2019, gold winners shall be required to provide the following information, correctly and completely filled out as well as electronically properly transferred: First name; Last name; *Verified E-mail address; Salon/Business name; *Country. The information marked with * is mandatory.
d) Thereafter the participant shall be able to select his/her preferred interpretation of the topic "REMIX" in each of the three categories – Creative, New Talent and Partners –. Three criteria shall thereby have to be considered: a) FASHION INTERPRETATION b) TECHNICAL EXECUTION: COLOR, CUT, TEXTURE AND STYLING, c) TOTAL LOOK. Details of the criteria can be found directly on the voting page.
e) Each participant may vote in all (3) categories, once per day based on a competition start time of 12 a.m. Central European Summer Time (CEST) on September 1, 2019, per e-mail address. Voting must take place in all three categories. The stylist with the most Stylists' Favorite Online votes will be announced during the Global Zoom in Vienna on 29 September 2019.
3. Exclusion of warranty
a) The organizer points out that the availability and function of the voting website cannot be guaranteed. The contest may be terminated or withdrawn due to external circumstances and constraints, without giving rise to claims of the participants or of the Stylists' Favorite Winner against the organizer.
b) This may include technical problems, rule changes or decisions on the part of social media or internet platforms, insofar as the prize competition is held on or organized in connection with the latter.
a) Without prejudice to other statutory entitlement requirements, a liability of the organizer for damages shall be governed by the disclaimers and limitations of liability, herein.
b) The organizer shall be deemed to have unlimited liability, insofar as the damage was caused by intent or gross negligence.
c) Furthermore, the organizer shall in the case of slightly negligent breach of material obligations, which endangers the purpose of the contract, or in the case of the breach of duties that in the first place enable the fulfillment of the proper execution of the prize competition, and on whose adherence the contract partner can in principle be expected to rely upon. In this case, the organizer shall however only be liable for the foreseeable, contract typical damage. The organizer shall not be held liable in the case of slightly negligent breach, other than with regard to the duties designated in the preceding sentences.
d) The aforementioned limitation of liability shall not apply to injury to life, limb and health, for a defect pursuant to the acceptance of quality guarantees for the quality of a product and in the case of fraudulently concealed defects. The liability under the product liability law shall thereby remain unaffected.
e) Insofar as the liability of the organizer is excluded or limited, this shall also apply in the case of the personal liability of employees, representatives and vicarious agents of the organizer.
5. Applicable law
The conditions of participation are subject to the laws of the Federal Republic of Germany. The place of jurisdiction is Darmstadt.
1) Kao Germany GmbH processes the personal data of the participants only for the execution of the login to the voting. Personal data will be transferred to the agency responsible for the technical realization based in the US; safeguarded by appropriate contracts. The legal basis for processing such personal data is Art. 6 (1) lit. a GDPR. The provision of the data is neither required by law nor by contract; however, necessary to enter into the voting.
2) The personal data of the participants will be deleted after the end of the voting and its completion of the competition.
3) In response to a written request, participants may request from the organizer at any time what personal data is stored with the Organizer, may request their rectification, deletion and revocation of data usage consent. Furthermore, they have a right to lodge a complaint with a supervisory authority. The Participants may withdraw their consent for data usage at any time without affecting the lawfulness of processing based on consent before its withdrawal. Participants also have the right to complain to a regulator. There will be no automated decision making with the personal data.