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Terms and Conditions Newton Instagram raffle

Terms and Conditions Newton Running Instagram Raffle New York Marathon

1. Subject of the conditions of participation and organizer

(1) These Terms of Participation govern the conditions for participation in the raffle as well as any necessary rights transfers. The description and the procedure of the respective competition take place in the context of the respective competition action on the social media pages of

(2) Organizer of the raffle:

PERFACTS! Marketing & Vertriebs GmbH, Gahlener Strasse 250, 46282 Dorsten

(3) By participating in the respective raffle these terms and conditions are accepted.

(4) The raffle is not affiliated with Facebook or Instagram. It is not sponsored, supported or organized.

2. Participation

(1) Eligible to participate in the competition are all those who have reached the age of 18 and are resident in Europe. Excluded are employees of the PERFACTS! GmbH or employees of Newton Running International, as well as affiliates and relatives of such employees and their relatives. Team Newton Running members are also excluded. Participation with fake identities or with identities of third parties is not allowed.

(2) Eligible participants can take part in the raffle by commenting on the Instagram/Facebook post "New York Marathon finishing time" from 04/11/2021 until 07/11/2021, 08:00AM.

3. Win and win notification

Among all eligible participants, the one who is closest to the finishing time (winner men) will receive 1x NYC Fusion, the same applies to the women's finishing time (if several participants enter the same time, a draw will be made). In addition, all eligible participants will receive a 25% discount voucher on the NYC Fusion (redeemable at *While stocks last).

(2) The winners will be randomly selected from all eligible participants within one week of the closing date. The winners will be informed via Instagram message or notified in a separate posting and asked to send an e-mail to the e-mail address given there, in which the personal data is correctly and truthfully transmitted. This information is used to send the prize.

(3) If a winner does not receive an e-mail from us within the fixed deadline, the claim for winnings expires. In this case, we are entitled to make a replacement draw.

(4) Only one prize per participant is possible.

(5) The prize is neither transferable nor can the prize be exchanged or paid in cash.

(6) If circumstances arise that we are not responsible for, the respective winner accepts a reasonable replacement prize. Such unenforceable circumstances are in particular those that lie with the sponsors of the profits.

(7) The winnings will be sent to the winner by post to the address indicated. When transferring the prize to a carrier, the risk passes to the winner. We are not responsible for delivery damages.

4. Right of use

(1) The participant guarantees to be the owner of the required rights to the uploaded or linked photos. If the participant is not the sole author or right holder, he expressly declares that he has the necessary rights to participate in the competition.

(2) The participant grants us the following simple, temporally and spatially unlimited but not exclusive rights of use:

• the right to save the photo on a server;

• the right to make the photo available to the public in whole or in part via Facebook and our websites (in particular;

• the right to use the photo to promote our products;

• The right to edit the photo, but the image may not be distorted.

(3) When using the image, we will appropriately identify the author, insofar as this is feasible taking into account the specific form of use.

(4) By accepting the prize, the winner agrees that we may use his name for advertising purposes.

5. Liability and indemnity

(1) If the participant uploads photos, the participant guarantees that he will not send any content, the provision, publication or use of which violates applicable law or the rights of third parties.

(2) The participant indemnifies us against claims of any kind whatsoever resulting from the illegality of photos that the participant used. The indemnity obligation also includes an obligation to fully indemnify the organizer against any legal defense costs (such as court and attorney's fees).

(3) By participating in the competition, the participant releases Facebook from any liability.

6. Exclusion
(1) A violation of these conditions of participation entitles us to exclude the respective participant from participation. This applies in particular if the participant makes false statements or if photos or other content used (for example, comments) infringe applicable law or the rights of third parties. The same applies to comments that can be viewed as glorifying violence, offensive, harassing or degrading or otherwise offend against the social decency.

(2) If the excluded participant is an already drawn winner, the prize can be subsequently revoked.

7. Early termination and changes
We reserve the right to prematurely or partially terminate the lottery in whole or in part at any time, even if deadlines are not met, or change them as the case progresses, for technical (eg computer virus, manipulation of or errors in software / hardware) or legal ( eg. Prohibition by Facebook) is not possible to guarantee a proper execution of the lottery.

8. Privacy
We are responsible for the collection, processing and use of personal data of participants, provided that we process them ourselves. We will use the personal details of the participant as well as his other personal data only in the context of the statutory provisions of data protection law. We will only store, process and use the information to the extent that this is necessary for the performance of the raffle or if the participant has given its consent. This also includes a use for exercising the rights of use granted. The data will be used exclusively for the raffle and will be deleted afterwards.
The participant may at any time request information about the data stored about his person. Incidentally, our privacy policy applies accordingly, which is available at

9. Final provisions
(1) If the conditions of participation contain ineffective regulations, the validity of the remaining conditions remains unaffected.

(2) German law applies. A legal remedy for checking the draw is excluded.


Privacy Policy

For the realization of the raffle it is necessary that the PERFACTS! Marketing & Vertriebs GmbH personal data (name), with winners also the addresses, save, in order to select the winners and to send them the prices. The storage of data takes place exclusively for the purpose of the determination of profit. The processing is done only by PERFACTS! Marketing & Vertriebs GmbH and will only pass between these parties. The legal basis for the processing of the data is Art. 6 (1) lit. a) and b). PERFACTS! Marketing & Vertriebs GmbH do not share data with third parties. All data will be deleted after the raffle. The participant can revoke his consent to the processing of the data at any time, or refuse to give it up after a draw. PERFACTS! Marketing und Vertriebs GmbH delete the data immediately. The Participant has the right to access, at any time, personal data, the right of rectification, the right of cancellation, the right of restriction and the right to data portability. Responsible in the sense of the DSGVO is the PERFACTS! Marketing and Sales GmbH.
The data protection officer is:

Rolf Poschmann
Siemensstrasse 8
40885 Ratingen
Telephone: 021028799181
Email: poschmann (at)

Further information can be found at