Happy and healthy Easter! Home is where we hide this year.

This year Easter will also be a little different for many people than before. In order to sweeten the Easter weekend for you, we have thought up competitions for young and old. Take part now and be creative!

We believe that our home is the best hiding place this year, for the protection of you and your families, for the common good of all and of course for your Easter surprises. 
To make your holidays at home a little more colorful, we have prepared two competitions for you on Instagram. 

Download our painting templates here in the blog post for your little ones and all the "young at hearts" and send us the painted artwork as a direct message via Instagram by Sunday 6:00 p.m. or upload a picture of your masterpiece to Instagram and link @moia_de. The three most creative submissions will be selected on Sunday and announced in our Instagram Story on Monday. Prizes include a Lego Easter set, a MOIA water bottle and two free rides that you can redeem when our service is resumed.

Of course the big ones also have a chance to win something: You have the most beautiful Easter decoration at home? Then send us a photo as a direct message or post your decoration and link @moia_de until 18:00 on Sunday. The best submissions will be mentioned in the story on Monday. You can win a MOIA drinking bottle, a MOIA Coffee Mug, a #paynoweatlater voucher worth 50 Euro and two free rides. 

We at MOIA wish you and your family a happy and healthy Easter!

Conditions of participation – painting competition

1.     General

The MOIA GmbH, Alexanderufer 5, 10117 Berlin (hereinafter referred to as "MOIA") is the organizer of this competition. By participating in this competition the participant or his legal representatives agree to the conditions of participation.

Participation in the competition is free of charge. The chances of winning are not increased by the purchase of MOIA services.

Unless the context indicates otherwise, references to the singular include the plural and references to the masculine include the feminine and divers and vice versa.

2.     Period of action 
The competition begins on 10 April 2020 and ends at the end of 12 April 2020 (hereinafter referred to as the "action period"). MOIA reserves the right to extend or shorten the promotion period at its sole discretion.

3.     Eligibility
 
This competition is open to all persons who are resident or permanently resident in Germany and

  • who are either themselves at least 16 years old at the time of participation or
  • d who are not yet 16 years old at the time of participation, but who are participating with the consent of their legal representatives, which must be proven on.

Are not eligible to participate:

  • the legal representatives or employees of MOIA,
  • the legal representatives or employees of companies/enterprises that are dependent on MOIA and/or are affiliated with MOIA,
  • Persons involved in the organisation and/or implementation of the competition, in particular through agencies and other service providers, and 
  • Relatives (e.g. siblings, parents, children), fiancées, spouses, registered partners, adoptive parents, adopted children, foster parents, foster children of the aforementioned persons.

4.     Participation submission, repost of the participation submission 
In order to participate in the competition, the painting template provided by MOIA via the blog ("Paint the picture colourfully") must be creatively painted and submitted to MOIA. This can be done either by sending a Direct Message to MOIA or by uploading the painted template to Instagram using the @moia_de tag.

It is important to ensure that no personal details (such as name, age, place of residence, photos, etc.) are included in the submitted work.

Participant agrees that MOIA may, in its sole discretion, repost entries (including those received as direct messages) and announce the winners by @-Mention in the MOIA Instagram Story.

The participant or his legal representatives grant MOIA simple rights of use free of charge to all content submitted in the course of the participation contribution without any restrictions in terms of space, content or time. In particular, the Participant or his legal representatives agree that MOIA may use, distribute and otherwise make available to third parties the content submitted as a participation entry and the name of the Instagram account used to submit the participation entry in connection with the competition and the presentation of the participation entries online and offline. This includes, but is not limited to, the publication of the contents submitted as a participation contribution on the Internet. For these purposes, MOIA is permitted to edit the contents submitted as a participation contribution and - if necessary - to grant third parties rights of use to them.

The participant or his/her legal representative(s) warrants/guarantees that the content submitted by him/her as a participation contribution is free of third party rights and that the content either originates from him/her or that he/she has obtained the necessary consent from the originator and the person(s) depicted in pictures and videos. In addition, the submitted content may not contain any insults, false factual statements, competition, trademark or copyright infringements or references to competitors of MOIA. The participant or his legal representatives are liable for any legal infringements.

5.     Exclusion from participation

MOIA reserves the right to exclude the participant from the competition or to subsequently confiscate the prize if the participant has violated the conditions of participation or has otherwise attempted to manipulate or influence the participation process and/or the competition as such. MOIA has the right to exclude the participant from the competition or to subsequently withdraw the prize if one of the following reasons applies:

  • There is no right to participate according to section 3.
  • The participation is in violation of the rights of third parties (such as name, copyright, trademark rights).
  • The participation takes place with false personal data or use of data of other persons or via fake / alias / multiple accounts.
  • There is multiple participation via different social media accounts  
  • Content (such as pictures, photos, texts, graphics, symbols) in the social media profiles of the participant, which do not correspond to the positive mission statement and/or corporate culture of MOIA and therefore can damage the reputation of MOIA, especially content that violates legal prohibitions or is discriminatory or insulting or glorifies violence or offensive.
  • The participant disturbs or impairs the competition.

MOIA reserves the right to disqualify an entrant from participating in the contest if he/she violates the Instagram Guidelines, which can be found on the Instagram homepage.

6.     Identification and notification of the winner(s)

Out of all eligible entries received during the campaign period, MOIA's marketing department will award the 3 most creative images as winners. The winners will be announced on April 13th, 2020. MOIA will notify the 3 winners via @-Mention in the MOIA Insta-gram Story and ask them to send a private message with a valid e-mail address and a delivery address within Germany.

The Participant or his/her legal representatives declare/s to agree that MOIA may send him/her personal Instagram messages in case of winning for the purpose of processing the prize.

If the winner or his/her legal representative does not contact MOIA within 48 hours after notification, the claim to the prize expires and MOIA will choose a new winner from the remaining participation amounts.

If the prize is undeliverable due to incomplete or incorrect data or because it was not picked up, the claim to the prize expires without replacement.

7.     Prize(s), transfer of prizes

The following prizes can be won: An Easter set from Lego (value approx. 10 Euro), a MOIA drinking bottle, MOIA vouchers for two free rides.

If the advertised prize is no longer available, MOIA may instead award a prize of equal or higher value. The prize is not transferable or exchangeable. A cash payment is not possible.

Material prizes and vouchers in physical form (printout) will be sent to the address given after notification of the prize. If the prize is a voucher that can be sent in non-physical form (e.g. voucher code), it will be sent by e-mail.

8.     Limitation of liability implementation of competition

The liability of MOIA is based on the statutory provisions, unless otherwise provided for in these terms of participation.

MOIA is liable for damages, no matter for what legal reason, in case of intent and gross negligence. In the case of simple negligence, MOIA is only liable for damages resulting from injury to life, body or health, as well as in the case of violation of an essential contractual obligation (this is an obligation, the fulfilment of which makes the proper execution of the competition possible in the first place and on the observance of which the contractual partner regularly relies and may rely); in the last case, however, the liability of MOIA is limited to the replacement of the foreseeable, typically occurring damage.

As far as the liability of MOIA is excluded or limited in this agreement, this also applies to the personal liability for damages of the employees, workers, co-workers, representatives and vicarious agents of MOIA.

9.     Changes of competition

MOIA points out that the competition may be terminated or changed due to external circumstances and constraints, without any claims of the participant against MOIA. This may be the case in particular if the proper execution of the competition can no longer be guaranteed, for example, in the event of technical problems or for legal reasons (e.g., change of guidelines by Instagram).

10.     Letter of intent

Instagram is not the organizer of the competition nor is it involved in any way. The participant in the Contest cannot make any claims against Instagram in connection with the Contest or participation therein. Participant or its legal representatives acknowledge that the Contest is not affiliated with Instagram and is not sponsored, endorsed or organized in any way by Instagram. All inquiries and notices regarding the Contest should be directed to MOIA and not to Instagram.

11.     Final clauses

These conditions of participation represent the final regulations for the competition.

The law of the Federal Republic of Germany shall apply, to the exclusion of conflict of laws provisions or the UN Sales Convention. With regard to consumers (i.e. natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity), sentence 1 shall only apply insofar as the choice of law does not undermine the protection of mandatory legal provisions of the state in which the consumer has his habitual residence.

Legal recourse is excluded with regard to the conduct of the competition and the drawing of prizes.

MOIA is neither obliged to participate in dispute settlement proceedings before a consumer arbitration board in the sense of § 36 VSBG nor does MIOA participate voluntarily.

 

Information on data protection

The protection of personal data in connection with the processing within the framework of the competition is of particular concern to us.

1. General information on data processing

Responsible according to Art. 4 para. 7 EU data protection basic regulation (DSGVO) is MOIA GmbH, Alexanderufer 5, 10117 Berlin. For any data protection questions, the responsible person is also available as a contact person at privacy@moia.io.

You have the following rights with regard to the personal data concerning you, which you can assert against us by informing us at the contact details provided:Recht auf Auskunft (Art. 15 DSGVO),

  • Right of rectification (Art. 16 DSGVO) or deletion (Art. 17 DSGVO),
  • Right to limit processing (Art. 18 DSGVO),
  • Right to object to the processing (Art. 21 DSGVO),
  • Right to receive the data in a structured, common, machine-readable format ("data transferability") as well as the right to transfer the data to another responsible party if the conditions of Art. 20 para. 1 letters a, b DSGVO are met (Art. 20 DSGVO).

2. Contacting

If you contact MOIA, e.g. by e-mail or by direct message via our Ins-tagram page, the personal data provided by you will be processed by us.

Legal basis for the processing is art. 6 para. 1 sentence 1 letter f) DSGVO or art. 6 para. 1 sentence 1 letter b) DSGVO, if the contact is aimed at the conclusion of a contract. If the provision of your data is necessary for the conclusion of a contract, it may be impossible to conclude a contract or to carry out or process the enquiry if the data is not provided.

We process the personal data provided to us in order to respond to your enquiry. In this context, the data will not be passed on to third parties. The data will be used exclusively for the processing of the conversation. We delete the data arising in this connection after the processing is no longer necessary or limit the processing to the compliance with the existing legally binding obligations to keep the data.

In accordance with Art. 21 Para. 1 DSGVO, you have the opportunity to object to the processing of your personal data for contact enquiries at any time. This is the case if the processing is in particular not necessary for the fulfilment of a contract with you, which is described by us in the previous description of the functions. Your right to object exists for reasons arising from your particular situation, unless we can prove compelling reasons for processing worthy of protection which outweigh your interests, rights and freedoms, and also if the processing serves to assert and exercise or defend against legal claims. In the event of your justified objection, we will examine the facts and will either stop or adapt the data processing or will inform you of our compelling reasons worthy of protection on the basis of which we will continue the processing. You can exercise your objection by sending your request to the contact details listed under point 1.

3. Processing in the context of the implementation of the competition

We process the following personal data for the purpose of designing, implementing and handling the competition: user name and profile picture at Instagram, your left comment and your address data and, if applicable, additional data provided for the transmission of prizes, in particular your e-mail address.

The legal basis for the processing of your data is Art. 6 para. 1 sentence 1 lit. b) DSGVO. The provision of your data is required for participation in the competition. Failure to provide the data will make it impossible to take part in/carry out the competition.

Your address data will only be forwarded to shipping companies so that we can send you the prize.

We delete the data arising in this connection after processing is no longer necessary (usually after the prize has been drawn) or restrict processing to compliance with the existing legally binding storage obligations. The competition entry remains within our chronicle for an unlimited period of time. You can delete your comments or other interactions on Instagram yourself at any time.

Your personal data will only be processed in a so-called third country if so-called standard contractual clauses have been agreed, if an adequacy decision of the European Commission exists or, in the case of processing in the USA, if the third party is certified under the US-EU data protection agreement "Privacy Shield" and has thus committed itself to comply with the data protection requirements of the European Union.

Please note that the competition is not affiliated with Instagram or its provider, which is Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, email: impressum-support@support.facebook.com, Privacy Notice: https://help.instagram.com/581066165581870) We have no knowledge of the extent of any data processing by Facebook or of any storage periods for such data and have no influence on them. Facebook may also process the data in the USA. Facebook has submitted to the EU-US Privacy Shield, and has thus committed itself to comply with European data protection standards (https://www.privacyshield.gov/liste).  

Conditions of participation – Easter decoration

1.     General

The MOIA GmbH, Alexanderufer 5, 10117 Berlin (in the following "MOIA") is the organizer of this competition. By participating in this competition, the participant(s) agree(s) to the conditions of participation. Participation in the lottery is free of charge. The chances of winning are not increased by the purchase of MOIA services.

2.     Period of action
 
The competition begins on 10 April 2020 and ends at the end of 12 April 2020 (hereinafter "campaign period"). MOIA reserves the right to extend or shorten the promotion period at its sole discretion.  

3.     Eligibility
 
This competition is open to all persons who are resident or permanently resident in Germany and

  • who are either themselves at least 16 years old at the time of participation or
  • d who are not yet 16 years old at the time of participation, but who are participating with the consent of their legal representatives, which must be proven on.

Are not eligible to participate:

  • the legal representatives or employees of MOIA,
  • the legal representatives or employees of companies/enterprises that are dependent on MOIA and/or are affiliated with MOIA,
  • Persons involved in the organisation and/or implementation of the competition, in particular through agencies and other service providers, and 
  • Relatives (e.g. siblings, parents, children), fiancées, spouses, registered partners, adoptive parents, adopted children, foster parents, foster children of the aforementioned persons.

4.     Participation submission, repost of the participation submission
 

To enter the competition, upload a picture to Instagram by selecting @moia_de. or send a direct message. The Easter decoration must be visible on the picture.

Entrants agree that MOIA may, in its sole discretion, repost entries (including those received as a direct message) and announce the winners via @-Mention in the MOIA Instagram Story.

The Participant(s) grants MOIA, free of charge, simple usage rights to all content (such as images, photos, video, audio content, texts) submitted by him/her in the course of the participation entry, without spatial, content or time restrictions. In particular, the Participant agrees that MOIA may use, distribute and otherwise make available to third parties the contents submitted as a participation contribution and the Instagram name of the Participant(s) in connection with the competition and the presentation of the participation contributions online and offline. This includes, but is not limited to, the publication of the submitted content on the Internet. For these purposes MOIA is allowed to edit the submitted contents and - if necessary - to grant third parties rights of use.

The participant* guarantees that the contents submitted by him/her as a participation contribution are free of rights of third parties and that the contents either originate from him/her or he/she has obtained the necessary consent of the author as well as the person(s) depicted on pictures and videos. In addition, the submitted content may not contain any insults, false factual statements, competition, trademark or copyright infringements or any references to competitors of MOIA. The participant* is liable for any legal violations.

5.     Exclusion from participation

MOIA reserves the right to exclude the participant from the competition or to subsequently confiscate the prize if the participant has violated the conditions of participation or has otherwise attempted to manipulate or influence the participation process and/or the competition as such. MOIA has the right to exclude the participant from the competition or to subsequently withdraw the prize if one of the following reasons applies:

  • There is no right to participate according to section 3.
  • The participation is in violation of the rights of third parties (such as name, copyright, trademark rights).
  • The participation takes place with false personal data or use of data of other persons or via fake / alias / multiple accounts.
  • There is multiple participation via different social media accounts 
  • Content (such as pictures, photos, texts, graphics, symbols) in the social media profiles of the participant, which do not correspond to the positive mission statement and/or corporate culture of MOIA and therefore can damage the reputation of MOIA, especially content that violates legal prohibitions or is discriminatory or insulting or glorifies violence or offensive.
  • The participant disturbs or impairs the competition.

MOIA reserves the right to disqualify an entrant from participating in the contest if he/she violates the Instagram Guidelines, which can be found on the Instagram homepage.

6.     Identification and notification of the winner(s)

2 winners* will be randomly selected from all eligible entries received during the promotion period. The winners will be announced on April 13th, 2020. MOIA will notify the 2 winners* by @-Mention in the MOIA Instagram Story and ask him/her to send a private message with a valid e-mail address and a delivery address within Germany.

The Participant agrees that MOIA may send him/her personal Instagram messages to process the prize in the event of a win.

If the winner(s) do not contact MOIA within 48 hours after the announcement, the claim to the prize expires and a new winner(s) will be randomly selected.

If a prize is undeliverable due to incomplete or incorrect information provided by the winner or due to a failure to collect the prize, the claim to the prize expires without substitution.

7.     Prize(s), transfer of prizes

The following prizes can be won: 2x 1 prize package consisting of MOIA Mer-chandise articles, a #paynoweatlater voucher worth 50 Euro from one of our partner restaurateurs and MOIA vouchers for two free rides with MOIA.

If the advertised prize is no longer available, MOIA may instead award a prize of equal or greater value. The prize is not transferable or exchangeable. A cash payment is not possible.

Prizes in kind and vouchers in physical form (printout) will be sent to the address provided by the winner after notification of the prize. If the prize is a voucher that can be sent in non-physical form (e.g. voucher code), it will be sent by e-mail.

8.     Limitation of liability implementation of competition

The liability of MOIA is based on the statutory provisions, unless otherwise provided for in these terms of participation.

MOIA is liable for damages, no matter for what legal reason, in case of intent and gross negligence. In the case of simple negligence, MOIA is only liable for damages resulting from injury to life, body or health, as well as in the case of violation of an essential contractual obligation (this is an obligation, the fulfilment of which makes the proper execution of the competition possible in the first place and on the observance of which the contractual partner regularly relies and may rely); in the last case, however, the liability of MOIA is limited to the replacement of the foreseeable, typically occurring damage.

As far as the liability of MOIA is excluded or limited in this agreement, this also applies to the personal liability for damages of the employees, workers, co-workers, representatives and vicarious agents of MOIA.

9.     Changes in competition

MOIA points out that the competition may be terminated or changed due to external circumstances and constraints, without any claims of the participant against MOIA. This may be the case in particular if the proper execution of the competition can no longer be guaranteed, for example, in the event of technical problems or for legal reasons (e.g., change of guidelines by Instagram).

10.     Letter of intent

Instagram is not the organizer of the competition nor is it involved in any way. The participant in the Contest cannot make any claims against Instagram in connection with the Contest or participation therein. Participant or its legal representatives acknowledge that the Contest is not affiliated with Instagram and is not sponsored, endorsed or organized in any way by Instagram. All inquiries and notices regarding the Contest should be directed to MOIA and not to Instagram.

11.     Final clauses

These conditions of participation represent the final regulations for the competition.

The law of the Federal Republic of Germany shall apply, to the exclusion of conflict of laws provisions or the UN Sales Convention. With regard to consumers (i.e. natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity), sentence 1 shall only apply insofar as the choice of law does not undermine the protection of mandatory legal provisions of the state in which the consumer has his habitual residence.

Legal recourse is excluded with regard to the conduct of the competition and the drawing of prizes.

MOIA is neither obliged to participate in dispute settlement proceedings before a consumer arbitration board in the sense of § 36 VSBG nor does MIOA participate voluntarily.

 

Information on data protection

The protection of personal data in connection with the processing within the framework of the competition is of particular concern to us.

1. General information on data processing

Responsible according to Art. 4 para. 7 EU data protection basic regulation (DSGVO) is MOIA GmbH, Alexanderufer 5, 10117 Berlin. For any data protection questions, the responsible person is also available as a contact person at privacy@moia.io.

You have the following rights with regard to the personal data concerning you, which you can assert against us by informing us at the contact details provided:Recht auf Auskunft (Art. 15 DSGVO),

  • Right of rectification (Art. 16 DSGVO) or deletion (Art. 17 DSGVO),
  • Right to limit processing (Art. 18 DSGVO),
  • Right to object to the processing (Art. 21 DSGVO),
  • Right to receive the data in a structured, common, machine-readable format ("data transferability") as well as the right to transfer the data to another responsible party if the conditions of Art. 20 para. 1 letters a, b DSGVO are met (Art. 20 DSGVO).

2. Contacting

If you contact MOIA, e.g. by e-mail or by direct message via our Ins-tagram page, the personal data provided by you will be processed by us.

Legal basis for the processing is art. 6 para. 1 sentence 1 letter f) DSGVO or art. 6 para. 1 sentence 1 letter b) DSGVO, if the contact is aimed at the conclusion of a contract. If the provision of your data is necessary for the conclusion of a contract, it may be impossible to conclude a contract or to carry out or process the enquiry if the data is not provided.

We process the personal data provided to us in order to respond to your enquiry. In this context, the data will not be passed on to third parties. The data will be used exclusively for the processing of the conversation. We delete the data arising in this connection after the processing is no longer necessary or limit the processing to the compliance with the existing legally binding obligations to keep the data.

In accordance with Art. 21 Para. 1 DSGVO, you have the opportunity to object to the processing of your personal data for contact enquiries at any time. This is the case if the processing is in particular not necessary for the fulfilment of a contract with you, which is described by us in the previous description of the functions. Your right to object exists for reasons arising from your particular situation, unless we can prove compelling reasons for processing worthy of protection which outweigh your interests, rights and freedoms, and also if the processing serves to assert and exercise or defend against legal claims. In the event of your justified objection, we will examine the facts and will either stop or adapt the data processing or will inform you of our compelling reasons worthy of protection on the basis of which we will continue the processing. You can exercise your objection by sending your request to the contact details listed under point 1.

3. Processing in the context of the implementation of the competition

We process the following personal data for the purpose of designing, implementing and handling the competition: username and profile picture at Instagram, your left comment and your address data and, if applicable, additional data provided for the transmission of prizes, in particular your e-mail address.

The legal basis for the processing of your data is Art. 6 para. 1 sentence 1 lit. b) DSGVO. The provision of your data is required for participation in the competition. Failure to provide the data will make it impossible to take part in/carry out the competition.

Your address data will only be forwarded to shipping companies so that we can send you the prize.

We delete the data arising in this connection after processing is no longer necessary (usually after the prize has been drawn) or restrict processing to compliance with the existing legally binding storage obligations. The competition entry remains within our chronicle for an unlimited period of time. You can delete your comments or other interactions on Instagram yourself at any time.

Your personal data will only be processed in a so-called third country if so-called standard contractual clauses have been agreed, if an adequacy decision of the European Commission exists or, in the case of processing in the USA, if the third party is certified under the US-EU data protection agreement "Privacy Shield" and has thus committed itself to comply with the data protection requirements of the European Union.

Please note that the competition is not affiliated with Instagram or its provider, which is Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, email: impressum-support@support.facebook.com, Privacy Notice: https://help.instagram.com/581066165581870) We have no knowledge of the extent of any data processing by Facebook or of any storage periods for such data and have no influence on them. Facebook may also process the data in the USA. Facebook has submitted to the EU-US Privacy Shield, and has thus committed itself to comply with European data protection standards (https://www.privacyshield.gov/liste).