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 competition takes place from 01/11/2025 to 30/12/2025. The tickets will be distributed from 01/11/2025 to 30/11/2025.
2.2. By participating in the competition, the participant accepts these terms and conditions of participation.
2.3. Eligible to participate are persons aged 18 and over who reside in Germany.
2.5. Employees of Ecomsky and their immediate family members (parents, spouses, children) are excluded from participating in the competition.
2.6. In the event of a breach of the terms and conditions of participation, Ecomsky reserves the right to exclude persons from the competition. Anyone who provides false personal information may also be excluded from the competition.
2.7. This competition is in no way connected to Instagram; it is not sponsored, endorsed, or organized by Instagram.
3. Eligibility Requirement
Participation in the competition is tied to the purchase of a fragrance product from Ecomsky. Each shipping package includes a scratch card during the competition period, while stocks last.
Participation Process
3.1. A scratch card with a code will be included free of charge with every order during the competition period, while stocks last. After scratching it off, participants can enter their code together with the order number and the email address provided with the order on the Ecomsky homepage. The participant will then be shown the respective prize amount on the scratch card. If the participant wishes to claim the prize, they must enter their IBAN details for the payout of the prize. Prizes are paid out on Mondays, Wednesdays, or Fridays. Participants who have not won will receive a discount code for their next order.
4. Prizes
4.1. The total prize amount is EUR 100,000.00 and is distributed among the individual prize categories as follows:
- Class A 20 € 1,000 units 20,000 €
- Class B 50 € 540 units 27,000 €
- Class C 100 € 220 units 22,000 €
- Class D 200 € 105 units 21,000 €
- Class E 500 € 20 units 10,000 €
TOTAL - 1,885 units 100,000 €
4.2. All prizes were distributed randomly during the production of the scratch cards.
4.3. The respective winner will receive the prize amount corresponding to their scratch card transferred to the bank account they specified.
4.4. If a scratch card with a prize is not redeemed by the participant by 31/12/2025, the prize amount won will be donated to a charitable cause.
4.5. Prizes are non-transferable and may not be assigned. The respective winner is solely responsible for the payment of any taxes that may be due on the prize.
4.6. Participants who have not won with a scratch card will receive a discount code for their next order.
5. Liability/Warranty and Indemnification
5.1. Upon handover or transfer of the prizes, Ecomsky, its employees, and representatives are released from all possible obligations arising from this competition. Ecomsky, its employees, and representatives shall only be liable for intent and gross negligence. This does not apply to injury to body, life, and health or to claims under the Product Liability Act. In cases of simple negligence, Ecomsky, its employees, and representatives shall only be liable if an essential contractual obligation has been breached. In this case, liability is limited to the typically foreseeable damage.
5.2. Subject 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. Ecomsky, its employees, and representatives also do not cover any costs that winners may incur in receiving or redeeming the respective prize.
5.3. Ecomsky does not guarantee trouble-free use of the internet. Furthermore, Ecomsky is not liable for disruptions.
5.4. By participating in the competition, the participant consents to Ecomsky being entitled to repost an Instagram post by 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 third-party claims of any kind resulting from the unlawfulness of photos used by the participant. The indemnification obligation also includes the obligation to fully indemnify Ecomsky against legal defense costs (e.g. court and attorney fees).
5.7. By participating in the competition, the participant releases Instagram from any liability.
6. Early Termination and Amendments
6.1. Ecomsky reserves the right to shorten, extend, modify, or cancel the competition at any time without stating reasons and without prior notice, without giving rise to any claims for liability or damages.
6.2. Ecomsky reserves the right to make changes to the prizes offered if circumstances require it. No objections may be raised against this.
6.3. These terms and conditions of participation may be changed by Ecomsky at any time without stating reasons, in particular for legal reasons. In cases of doubt, changes will be announced on the Ecomsky homepage. The competition may in particular be canceled or terminated if, for legal reasons, proper implementation of the competition cannot be guaranteed. If such termination is caused by the conduct of a participant, Ecomsky may demand compensation for the damage incurred from that person.
7. Exclusion
7.1. A breach of these terms and conditions of participation entitles Ecomsky to exclude the respective participant from participation. This applies in particular if the participant provides false information or if photos used or other content (e.g. comments) violate applicable law or the rights of third parties. The same applies to comments that may be regarded as glorifying violence, offensive, harassing, or degrading, or that otherwise violate commonly accepted standards of decency.
7.2. If the excluded participant is a winner who has already been drawn, the prize may be subsequently revoked.
8. Data Protection
8.1. By participating in the competition, participants expressly agree that the data they provide to Ecomsky may be collected and processed for the purpose of conducting and administering the competition.
8.2. Each participant is free to withdraw their consent to the storage and use of their data by Ecomsky at any time and thus withdraw from participation in the competition. The withdrawal may be made in writing (by post: Ecomsky GmbH, Rote Str. 19, 37073 Göttingen or by email: support@elusa.de).
8.3. The organizer of the competition and the controller within the meaning of the GDPR is Ecomsky GmbH. Participants' data will be processed exclusively for the purpose of conducting and administering the competition in accordance with Art. 6 para. 1 lit. b GDPR and will then be deleted unless statutory retention obligations apply.
8.4. Under the conditions set out in Articles 15 et seq. GDPR, participants have the right to access, rectification, erasure, restriction of processing, and data portability.
8.5. Requests of this kind can be submitted at any time to support@elusa.de. The data protection information pursuant to Art. 13 GDPR is provided in a separate document and can be accessed at the following link: https://elusa.de/policies/privacy-policy
9. Final Provisions
9.1. The law of the Federal Republic of Germany shall apply exclusively.
9.2. Should any individual 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, this shall not affect the validity of the remaining provisions. In place of the invalid provisions, the statutory provisions shall apply in accordance with Section 306 (2) of the German Civil Code (BGB).
11. Place of Jurisdiction/applicable law
In the event of disputes, German law shall apply exclusively. If the participant is a merchant within the meaning of the German Commercial Code, 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 BGB.
