Modelcontest IV Conditions of Participation

CONDITIONS OF PARTICIPATION & PRIVACY INSTAGRAM COMPETITION: BRUNO BANANI MODEL CONTEST IV

bruno banani underwear GmbH (hereinafter also referred to as "bruno banani") will conduct a model contest in the form of a competition from September 9, 2022 to October 16, 2022 inclusive. bruno banani is solely responsible for the competition. The competition is not connected to Instagram and is in no way sponsored, supported or organized by Instagram.

All persons who have reached the age of 18 and are resident in Germany or Austria are eligible to participate. Employees* of bruno banani and their family members or employees and family members of a company economically associated with bruno banani are excluded from participation. Participation is possible up to and including October 16, 2022.

Procedure and implementation of the contest

As part of the competition, each user has the chance to win one of a total of two paid model contracts for the next bruno banani campaign shoot for the fall/winter 2023 collection - one male and one female participant will be selected. The daily fee for the shooting amounts to 1.200€. The duration of the assignment days will be decided individually after the selection of the two winners. However, the assignment will amount to at least one day.

Travel expenses as well as board and lodging will be covered by bruno banani.

The claim to the prize cannot be assigned to other persons. A payout of the prize is excluded. There is also no claim to the fee if the determined winners do not appear at the shooting as agreed. An overtime rule does not apply.

The competition is divided into two rounds.

Round 1:

Participation in the first round, which will take place from September 09 to September 30, is done by subscribing to the Instagram channel @brunobananiofficial and posting a picture on their own personal profiles, in which the person's face and body should be fully recognizable. The post must be tagged with the hashtag #brunobananimodel and @brunobananiofficial must be tagged on the picture. Participation in round 1 of the competition is only possible via this.

The participant must have set his profile to "public" so that bruno banani has access to the entry. After the first round, the creative director responsible for the shoot will select several candidates from the participants who will be shortlisted for round 2 of the competition.

The selected candidates will be notified via private message on Instagram. bruno banani reserves the right to ask the participants concerned for their measurements, clothing sizes and addresses in order to send them a previously selected piece of underwear/underwear set per person.

Round 2:

Round 2 of the competition will take place between October 01 and October 16, 2022. Only users who have been previously selected by our Creative Director may participate.

Participation takes place by posting a contribution on the personal profiles in underwear or swimwear by bruno banani. The post must again be tagged with the hashtag #brunobananimodel and @brunobananiofficial must be also tagged on this picture. Participants must continue to follow the profile @brunobananiofficial. Participation in round 2 of the competition is only possible via this. The participant must have set his profile to "public" so that bruno banani has access to the entry.

bruno banani reserves the right to repost the images taken here under the hashtag #brunobananimodel on the Instagram channel @brunobananiofficial at any time and to post them on the Website https://www.brunobanani.com during the term of the Model Contest. If the participant does not agree to this, he/she must declare this in writing to bruno banani. After the end of the second round, the Creative Director responsible for the shoot will select one man and one woman from the participants to receive the remunerated model contracts. Those selected will be notified by private message. They have time to report back via private message within one week of receiving the notification. If they do not report back within one week, an appropriate replacement will be selected.

Prize, notification and transmission of the prize

Two model contracts remunerated with 1,200 € / day for the next campaign shooting of the fall / winter collection 2023 of bruno banani will be awarded.

Room and board as well as travel expenses will be covered by bruno banani for the two winners.

Notification of the win will be made by November 01, 2022 at the latest.

Other legal information

Participation in the competition is free of charge. By participating, participants declare their unconditional agreement with the described conditions of participation "BRUNO BANANI MODEL CONTEST ON INSTAGRAM" by bruno banani.

All participants agree that their personal data may also be stored and processed by bruno banani for internal company purposes. All applicable data protection regulations will be observed by bruno banani.

Bruno banani reserves the right to change or terminate the competition due to extraordinary reasons, even at short notice. Should changes become necessary, bruno banani will inform all participants accordingly.

The competition is subject to German law. However, this choice of law shall not apply to the extent that the participant is deprived of the protection afforded to him/her by those provisions which, under the law of the country in which the participant has his/her habitual residence, may not be derogated from by agreement. Legal recourse is excluded with regard to the implementation of the competition - as far as possible.

Data protection information

The responsible party within the meaning of the General Data Protection Regulation ("DSGVO") and other national data protection laws of the member states as well as other data protection regulations is:

bruno banani underwear GmbH
Mauersbergerstraße 5
09117 Chemnitz
fashion@brunobanani.de

We process your personal data for the proper execution and handling of the sweepstakes and in particular for sending the prize.

For the execution of the sweepstakes, the prole name, and, if available, gender, first and last name, age and clothing size of the respective participant are collected and stored.

The legal basis for this processing of your personal data is Art. 6 (1) lit. b DSGVO (implementation of pre-contractual measures and fulfillment of a contract).

If we publish the first name and surname of the winner(s) separately on our profil or fan page or announce it externally, for example in our online store, this will only be done with the prior, express consent of the winner(s) pursuant to Art. 6 (1) lit. a DSGVO.

After the end of the competition, your personal data processed as part of the competition will be deleted no later than three months after the end of the competition, unless there is effective consent for further processing and/or there is no continuing legitimate interest on our part in further storage.

The applicable data protection law grants you the data subject rights listed below if the respective legal requirements are met:


·         Right to information according to Art. 15 DSGVO

·         Right to rectification pursuant to Art. 16 DSGVO

·         Right to erasure pursuant to Art. 17 DSGVO

·         Right to restriction of processing pursuant to Art. 18 DSGVO

·         Right to information pursuant to Art. 19 DSGVO

·         Right to data portability pursuant to Art. 20 DSGVO

·         Right to withdraw consent granted pursuant to Art. 7(3) DSGVO

·         Right to complain to the competent supervisory authority pursuant to Art. 77 DSGVO

For more information on data protection, please visit: https://www.brunobanani.com/de/datenschutz

Disclaimer

No liability will be assumed for offensive comments, false facts or post that violate competition or copyright laws (e.g. post a third-party photo without image rights). Likewise, no liability is assumed for legal violations of others.

The legal process is excluded.

Severability clause

Should one of the present provisions be invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the contracting parties undertake, taking into account the principle of good faith, to agree on a valid provision in place of the invalid provision which comes as close as possible to the meaning and purpose of the invalid provision and which the parties would have agreed on at the time of conclusion of the contract if they had known or foreseen the invalidity or ineffectiveness. Chemnitz, 09.08.22