Terms and conditions of participation
1. organizer
The organizer of the competition is Ecomsky GmbH, Rote Straße 19, 37073 Göttingen.
2. participation
2.1. The prize draw will take place between November 1st, 2025 and December 30th, 2025. Tickets will be issued between November 1st, 2025 and November 30th, 2025.
2.2. By participating in the competition, the participant accepts these terms and conditions.
2.3. Eligible to participate are persons aged 18 and over who reside in Germany.
2.4. Ecomsky reserves the right to publicly announce the winners by name. This may be done via the website, social media channels, or other company communication channels.
2.5. Employees of Ecomsky and their immediate family members (parents, spouses, children) are excluded from participation in the competition.
2.6. Ecomsky reserves the right to exclude individuals from the competition for any violation of the terms and conditions. Anyone providing false personal information may also be excluded.
2.7. This giveaway is in no way affiliated with Instagram; it is not sponsored, endorsed or organized by Instagram.
3. Participation requirement
Participation in the prize draw is linked to the purchase of an Ecomsky fragrance product. Each shipping package will include a scratch card during the prize draw period, while supplies last.
Participation process
3.1. Each order placed during the prize draw period will include a free scratch card with a code, while supplies last. After scratching off the code, participants can enter it, along with their order number and the email address provided during the order process, on the Ecomsky website. The participant will then be shown the corresponding prize amount. To claim their prize, participants must enter their IBAN details for payment. Prizes are paid out on Mondays, Wednesdays, or Fridays. Participants who do not win will receive a discount code for their next order.
4. profits
4.1. The total prize money is €100,000.00 and is distributed among the individual prize categories as follows:
4.2. All prizes were distributed randomly during the production of the scratch-off lottery tickets.
4.3. The winner of each scratch-off ticket will have the prize amount transferred to their specified bank account.
4.4. If a scratch-off ticket with a prize is not redeemed by the participant by 31.2025, the winning amount will be donated to a charitable cause.
4.5. Prizes are non-transferable and cannot be assigned. Each winner is responsible for paying any taxes that may be due on their winnings.
4.6. Participants who did not win with a scratch card will receive a discount code for their next order.
5. Liability/Warranty and Indemnification
5.1. Upon delivery or handover of the prizes, Ecomsky, its employees, and representatives are released from all obligations arising from this prize draw. Ecomsky, its employees, and representatives are liable only for intent and gross negligence. This does not apply to injuries to body, life, or health, nor to claims under the Product Liability Act. In cases of simple negligence, Ecomsky, its employees, and representatives are liable only if a material contractual obligation has been breached. In this case, liability is limited to the typically foreseeable damage.
5.2. Pursuant to section 5.1, Ecomsky, its employees, and representatives assume no liability whatsoever for damages that may arise in connection with the acceptance of the prizes and/or thereafter. Ecomsky, its employees, and representatives assume no liability or warranty for material defects or defects of title in the prizes awarded. Furthermore, Ecomsky, its employees, and representatives assume no costs that may be incurred by the winners in accepting or redeeming their respective prizes.
5.3. Ecomsky does not guarantee uninterrupted internet access. Furthermore, Ecomsky is not liable for any disruptions.
5.4. By participating in the competition, the participant agrees that Ecomsky is entitled to repost an Instagram post of the participant on a social media channel.
5.5. If a participant uploads photos, the participant guarantees that they will not submit any content whose provision, publication or use violates applicable law or the rights of third parties.
5.6. The participant shall indemnify Ecomsky against any and all third-party claims arising from the unlawfulness of photos used by the participant. This indemnification obligation also includes the obligation to fully indemnify Ecomsky against all legal defense costs (e.g., court and attorney fees).
5.7. By participating in the competition, the participant releases Instagram from any liability.
6. Premature termination and changes
6.1. Ecomsky reserves the right to shorten, extend, change or cancel the competition without giving reasons and without prior notice, without any claims for liability or damages arising therefrom.
6.2. Ecomsky reserves the right to make changes to the advertised prices if circumstances require it. Objections to such changes are not possible.
6.3. These terms and conditions of participation may be changed by Ecomsky at any time without giving reasons, particularly for legal reasons. Any changes will be announced on the Ecomsky website. The competition may be cancelled or terminated, in particular, if proper execution of the competition cannot be guaranteed for legal reasons. If such termination is caused by the conduct of a participant, Ecomsky may claim compensation from that person for any resulting damages.
7. exclusion
7.1. A violation of these terms and conditions entitles Ecomsky to exclude the respective participant from participation. This applies in particular if the participant provides false information or if photos or other content used (e.g., comments) violate applicable law or the rights of third parties. The same applies to comments that can be considered to glorify violence, be offensive, harassing, or degrading, or that otherwise violate common decency.
7.2. If the excluded participant is an already drawn winner, the prize can be revoked retroactively.
8. Data protection
8.1. By participating in the competition, participants expressly agree that the data they provide to Ecomsky will be collected and processed for the purpose of conducting and managing the competition.
8.2. Each participant is free to withdraw their consent to data storage and use by Ecomsky at any time and thus withdraw from the competition. Withdrawal can be made in writing (by mail: Ecomsky GmbH, Rote Str. 19, 37073 Göttingen, Germany or by email: support@elusa.de).
8.3. The organizer of the competition and the data controller within the meaning of the GDPR is Ecomsky GmbH. The participants' data will be processed in accordance with Art. 6 para. 1 lit. b GDPR exclusively for the purpose of conducting and administering the competition and will subsequently be deleted, unless statutory retention obligations apply.
8.4. Under the conditions of Articles 15 et seq. GDPR, participants have a right to information, rectification, erasure, restriction of processing and data portability.
8.5. Inquiries of this nature can be submitted at any time via support@elusa.de . The data protection information pursuant to Article 13 of the General Data Protection Regulation (GDPR) is provided in a separate document and can be accessed via the following link: https://elusa.de/policies/privacy-policy
9. Final Provisions
9.1. The law of the Federal Republic of Germany applies exclusively.
9.2. Should any of these provisions be or become invalid, the validity of the remaining terms of use shall remain unaffected.
9.3. Legal recourse is excluded.
10. Severability clause
Should individual provisions of these terms and conditions of participation be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provisions shall be replaced by the applicable statutory provisions in accordance with Section 306 Paragraph 2 of the German Civil Code (BGB).
11. Jurisdiction/applicable law
In case of disputes, German law shall apply exclusively. If the participant is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship between the participant and the organizer shall be the organizer's registered office (Göttingen). The same applies if the participant is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).
