Terms and conditions of participation

FOR COMPETITIONS OF CALOW GMBH

The following terms and conditions ("Terms and Conditions") apply to participation in prize draws on CALOW GmbH, Industriering 4, 49393 Lohne (hereinafter referred to as "CALOW") and on Instagram at https://www.instagram.com/calowdrinks/ as well as on 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 prize draws, the requirements stated in the corresponding post/publication (e.g., commenting on or liking something specific) must be fulfilled. By fulfilling the requirements, the terms and conditions of participation are accepted. The participant is solely responsible for the accuracy of all data provided to CALOW, whether on Instagram, via email, or otherwise.

1.3 Participation is open to persons over 18 years of age who reside in Germany, unless the scope of validity is explicitly defined otherwise in the competition post. Participation in the competition is only possible in one's own name. Employees of CALOW, all persons involved in the development/execution 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 Participation requires that all personal information provided is truthful. 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 terms and conditions of participation or accepted ethical standards, or who otherwise attempt to influence the competition in an unfair or dishonest manner. Participants who do not reside in Germany or who provide false personal information will also be excluded.

1.6 Participation in the competition is free.

1.7 All participants who have completed the participation action according to section 1.2 of these terms and conditions within the participation period specified in the post or publication will participate in the prize draw.

2. Conducting the prize draw

2.1 Winners will be determined by random draw from all participants who have met the participation requirements. CALOW is responsible for determining whether the participation requirements have been met. If one or more competition questions must be answered as part of the competition, only those participants who have answered these questions correctly will be entered into the 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 illustrations of the prizes in the competition are symbolic and non-binding. The prize cannot be redeemed for cash. The prize claim cannot be assigned to third parties.

2.4 Winning participants (“Winners ”) will be notified of their prize via email or private message after the competition has ended (the “Prize Notification”). The Winner is solely responsible for regularly checking their Instagram profile or email inbox for notifications. CALOW will request the Winner to confirm receipt of the Prize Notification via 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 Prize Notification, the Winner 's claim to the prize will be forfeited.

2.5 If a winner does not receive their prize despite proper delivery of the confirmation, they must notify CALOW (at the address given above) within 30 days of receiving the notification of their win, using the keyword "Sweepstakes". If such notification is not received in time, the claim to the prize is forfeited.

3 User Content

3.1 Posts, files, hyperlinks and other content (“User Content”) that participants post on Instagram as part of the competition must not violate applicable law; - defame, disparage, threaten, harass or stalk CALOW or others, nor contain data protected by data protection laws (such as the names of third parties); - infringe the intellectual property of third parties, such as copyrights, trademarks, name rights, or other protected content or rights of third parties; - be inappropriate or violate CALOW's brand philosophy; and - violate Instagram's statement of rights and obligations and other terms and conditions.

3.2 User content provided by participants will be publicly accessible on the Instagram page during the participation period. By providing user content to CALOW, participants confirm that they possess the necessary permission and the corresponding rights to the user content. By providing the user content, participants grant CALOW a sublicensable, irrevocable, non-exclusive right to use the user content exclusively for the purpose of conducting the competition, including the right to reproduce, distribute in unmodified and modified form, edit or modify it, and make it publicly accessible. 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 providing the User Content , the participant waives the right to assert any moral rights of authorship.

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

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

4 Liability

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

4.2 If the prize is defective in material or legal terms, CALOW is only obliged to compensate the winners for the resulting damage if CALOW has fraudulently concealed this defect.

4.3 Furthermore, the winners have no further rights due to material or legal defects in the prize or any claim for damages.

5. Premature termination of the competition

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

5.2 Claims for performance and damages by the participant in the event of premature termination of the competition pursuant to section 5.1 of these terms and conditions are excluded, within the framework of the provisions of section 4 of these terms and conditions above.

5.3 Changes to the competition or conditions

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

6 Data protection

6.1 The personal data of the participants will be processed for the purpose of conducting the promotion and documenting its proper execution. For this purpose, it will be shared with service providers commissioned with the execution; otherwise, apart from the organizer and the operator of the CALOW Instagram page, no one has access to this data. The legal basis for data processing is Article 6(1)(b) and (f) GDPR. The personal data will be stored for a maximum of six months after the aforementioned closing date for participation. Participants have the right to information, rectification, erasure, restriction of processing, data portability, and objection (Articles 15-21 GDPR), and, where applicable, the right to withdraw consent (Article 7 GDPR) and the right to lodge a complaint with a supervisory authority (Article 77 GDPR). The organizer's data protection officer can be contacted at: info@calow-drinks.de . Further information on data protection is available at [link to data protection information]. Available at https://www.calow-drinks.de .

You have the legal right to receive information free of charge about the personal data we have stored about you, as well as the right to have this personal data corrected, blocked, or deleted. To exercise these rights, please contact: CALOW, Industriering 4, 49393 Lohne or info@calow-drinks.com .

6.2 In the event of a request for cancellation before the end of the competition, this request will result in the termination of participation in the competition if it precludes further participation. In this case, winning is no longer possible.

7. Consent to the publication of 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 in which the participant is depicted 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, in addition to the participant , other persons are recognizable in a posted photo/video, the participant is obliged to obtain consent from these persons for the publication in favor of CALOW as described in the preceding paragraph.

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

7.4 Consent can be withdrawn in writing to CALOW at any time for 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, refusal or withdrawal of consent will result in the termination of participation in the competition.

8 Facebook

8.1 The following regulations regarding Facebook according to section E of the Facebook Pages Terms of Use ( http://www.facebook.com/page_guidelines.php ) apply in connection with the execution of the prize draw on the Facebook page.

8.2 CALOW indemnifies Facebook Ireland Ltd. against any claims by participants of the competition within the scope of CALOW's responsibility for the competition.

8.3 This competition is in no way affiliated with, sponsored by, endorsed by or administered by Facebook.

9 Other provisions

9.1 Should individual provisions of these terms and 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 terms and conditions of participation.