Conditions of participation

FOR COMPETITIONS OF CALOW GMBH

The following conditions (“Conditions of Participation”) apply to participation in competitions at CALOW GmbH, Industriering 4, 49393 Lohne (hereinafter “CALOW”) and on Instagram at https://www.instagram.com/calowdrinks/ and at www.calow-drinks.com .

1 Participation

1.1 Neither participation in the competition nor the chance of winning is dependent on the purchase of a product or service or the subscription to a newsletter.

1.2 To participate in competitions, the requirements specified in the associated posting/publication must be met (e.g. commenting or liking something specific). By fulfilling the requirements, the conditions of participation are accepted. The participant is responsible for the accuracy of all of the data provided on Instagram or by email and to CALOW.

1.3 Persons over 18 years of age who are resident in Germany are eligible to participate, unless the area of ​​validity is expressly defined otherwise in the competition posting. Participation in the competition is only possible in one's own name. Employees of CALOW, all persons involved in the development/implementation of the competition (e.g. agencies, consultants, suppliers), employees of the main prize partners and their respective family and household members are excluded from participation.

1.4 In order to participate, it is essential that all personal details are true. Otherwise, exclusion may occur in accordance with section 1.5.

1.5 CALOW is entitled to exclude participants from the competition who manipulate or attempt to manipulate the participation process, the prize draw, the website or the page, or who violate the conditions of participation or common decency, or who otherwise attempt to influence the competition in an unfair or improper manner. Anyone who does not live in Germany or who provides false personal information will also be excluded.

1.6 Participation in the competition is free of charge.

1.7 All participants who have taken the action specified in section 1.2 of these conditions of participation during the participation period specified in the posting or publication will take part in the competition.

2 Conducting the competition

2.1 Winners will be chosen at random from among all participants who have fulfilled the participation requirements. CALOW is responsible for determining whether the participation requirements have been fulfilled. If one or more competition questions must be answered as part of the competition, only those participants who have answered this question correctly will take part in the prize draw.

2.2 The prizes advertised in the Instagram post or the respective publication on the website will be raffled off.

2.3 The descriptions and images of the prizes in the competition are symbolic and not binding. The prize cannot be paid out in cash. The claim to the prize cannot be assigned to third parties.

2.4 Participants who have won (“winners ”) will be informed of their win by email or private message after the competition has ended (the “win notification”). The participant is solely responsible for constantly checking the notifications in their Instagram profile or email inbox. In the win notification, CALOW asks the winners to confirm receipt of the win notification by message and to provide CALOW with any additional information required, such as the address to which the prize should be sent (the “confirmation”). The confirmation must be sent directly to Instagram or to info@calow-drinks.de . If CALOW does not receive the confirmation within forty (40) days of sending the win notification, the winner ’s claim to the prize expires.

2.5 If a winner does not receive their prize despite the confirmation being sent correctly, they must notify CALOW (at the address given above) within 30 days of receiving notification of their win, using the keyword “Competition”. If such notification is not made in a timely manner, the right to the prize will be forfeited.

3 User Content

3.1 Posts, files, hyperlinks and other content (“User Content”) that participants upload to Instagram as part of the competition must not violate applicable law;- neither defame, disparage, threaten, harass or stalk CALOW or others, nor contain information protected by data protection law (such as the names of third parties),- do not infringe the intellectual property of third parties, such as copyright, trademark, name rights, or other protected content or rights of third parties,- do not be inappropriate or violate CALOW’s brand philosophy; and- do not violate Instagram’s declaration of rights and obligations and other terms and conditions.

3.2 The user content provided by participants will be made publicly available on the Instagram page during the participation period. By making user content available to CALOW, participants confirm that they have the necessary permission to do so and the corresponding rights to the user content. By making the user content available, participants grant CALOW a sub-licensable, irrevocable, simple right to use the user content exclusively for the purposes of conducting the competition, including to reproduce it, distribute it in unchanged and modified form, edit or redesign it and make it publicly available. This includes in particular the right to make the user content publicly accessible on the Facebook page or in the app and to edit it for this purpose.

3.3 By making the User Content available , the participant waives the assertion of any moral rights.

3.4 Should CALOW have reasonable grounds to suspect that a participant does not comply with the above provisions, CALOW reserves the right to exclude this participant from the competition.

3.5 Each participant is obliged to indemnify CALOW against all damages that CALOW may incur as a result of a breach by the participant of these conditions of participation, in particular sections 3.1 and/or 3.2.

4 Liability

4.1 CALOW is only liable for damages caused intentionally or through gross negligence.

4.2 If the prize is defective in quality or title, CALOW is only obliged to compensate the winner for any resulting damage if CALOW has fraudulently concealed this defect.

4.3 Furthermore , the winner has no further rights due to material or legal defects in the prize or claim for damages.

5 Early termination of the competition

5.1 CALOW reserves the right to cancel or interrupt the competition at any time without prior notice. This applies in particular if the proper conduct of the competition cannot be guaranteed for technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or for legal reasons.

5.2 The participant 's claims for performance and damages in the event of premature termination of the competition in accordance with Section 5.1 of these Conditions of Participation are excluded within the framework of the provisions of Section 4 of these Conditions of Participation above.

5.3 Changes to the competition or conditions

The organizer reserves the right to change the conditions of participation or to extend or limit the time frame or to vary the content of the prizes, provided there are objective reasons for doing so and the change is appropriate. The organizer will announce any new conditions on its Instagram page.

6 Data protection

6.1 The participants' personal data will be processed for the implementation of the campaign and for the purpose of documenting its proper implementation. For this purpose, they will be passed on to service providers commissioned with the implementation; otherwise, no one other than the organizer and the operator of the CALOW Instagram page has access to this data. The legal basis for data processing is Article 6 Paragraph 1 b) and f) GDPR). The personal data will be stored for a maximum of 6 months after the above-mentioned closing date for participation. The participant has a right to information, correction, deletion, restriction of processing, data portability and objection (Art. 15-21 GDPR), if necessary to revoke a given consent (Art. 7 GDPR) and to complain to a supervisory authority (Art. 77 GDPR). The organizer's data protection officer can be reached at: info@thomas-henry.de . Further information on data protection can be found at Available at https://www.calow-drinks.de .

You have the legal right to free information about the personal data we have stored about you as well as the right to correction, blocking or deletion of this personal data. To assert your rights, please contact: CALOW, Industriering 4, 49393 Lohne or info@calow-drinks.com .

6.2 In the event of a request for deletion before the end of the competition, this request for deletion will result in the termination of participation in the competition if it prevents further participation. In this case, it is no longer possible to win.

7 Consent to publish the photo and/or video

If User Content contains photos or videos depicting people, the following applies:

7.1 The participant agrees that CALOW may publish photos and/or videos depicting the participant on the Instagram page for the purpose of conducting the competition during the participation period until the user content is taken offline.

7.2 If other persons are recognizable in a photo/video uploaded in addition to the participant , the participant is obliged to obtain consent from these persons for publication in favor of CALOW as described in the previous paragraph.

7.3 Consent to the publication of the photo/video is given without separate remuneration and also includes the right to storage and editing, provided that the editing is not distorting.

7.4 Consent can be revoked in writing to CALOW at any time in the future. However, consent is irrevocable for images of multiple people (e.g. group photos), unless a balancing of interests clearly favors the participant. Consent is voluntary. However, if consent is refused or revoked, participation in the competition ends.

8 Facebook

8.1 The following Facebook regulations pursuant to Section E of the Terms of Use for Facebook Pages ( http://www.facebook.com/page_guidelines.php ) apply in connection with the conduct of the competition on the Facebook page.

8.2 Within the scope of CALOW’s responsibility for the competition, CALOW releases Facebook Ireland Ltd. from liability for claims made by participants in the competition.

8.3 The competition has no connection with Facebook and is not sponsored, supported or organized by Facebook in any way.

9 Other provisions

9.1 Should individual provisions of these Conditions of Participation be invalid, the validity of the remaining provisions shall remain unaffected.

9.2 German law applies. Legal recourse is excluded.

9.3 By participating, the participant agrees to these conditions of participation.