1. Subject of the Terms of Use and Participation
1.1. Quality First GmbH, Werner-von-Siemens-Straße 8, 25337 Elmshorn, Germany ("Organizer") is running a prize draw ("Prize Draw") together with hitschler International GmbH & Co. KG ("Cooperation Partner") to promote their joint product "More x Hitschies Zerup" ("Product"). The prize draw will be published on the Organizer's Instagram account @morenutrition.de and the Cooperation Partner's Instagram account @hitschies.official (together "Instagram Accounts").
1.2. The prize draws organized by the Organizer on social media are not associated with Meta Platforms Inc. and its affiliated companies and are not sponsored, endorsed, supported or organized by Meta Platforms Inc. and its affiliated companies. All questions, comments, suggestions and complaints about prize draws should be directed to the Organizer, not to Meta Platforms Inc.
1.3. These terms of participation regulate the conditions for participation in the prize draws as well as any necessary transfer of rights.
2. When can I participate in the prize draw?
2.1. The participation period for the prize draw is from 09.10.2024 to 31.10.2024.
2.2. The winners will be notified immediately after the prize draw.
2.3. The Organizer reserves the right to extend the participation period by means of a corresponding announcement on the Instagram account. If the participation period is extended, the further prize handling may change.
3. Who can participate in prize draws?
3.1. Any natural person who is at least 18 years old, resides in Germany and has an Instagram account ("Participant") can participate in the prize draw.
3.2. Each participant is entitled to participate only once. Furthermore, only persons who have not yet received a prize may participate.
3.3. By participating in the prize draw, the participant accepts these terms of participation.
4. How does participation in the prize draw work?
4.1. Participation in the prize draw is free of charge and is exclusively subject to these terms of participation.
4.2. A prerequisite for participating in the prize draw is the publication of a photo of a "More x Hitschies Zerup" cardboard standee in the participant's own Instagram story, tagging @morenutrition.de and @hitschies.official.
4.3. All participants who meet the requirements specified in sections 3 and 4 by the respective time of the draw will be considered for the prize draw.
4.4. After the entry deadline, the winner will be determined by the Organizer from among all eligible participants. The determination will be made either by using a prize draw app from an external service provider or by drawing lots. In both cases, the winners will be drawn at random.
4.5. The winner will be notified either via Instagram direct message from the Organizer's respective Instagram account or by email.
4.6. Each notified winner is obliged to inform whether they accept the prize within 2 days of contact, stating their first and last name, email address and postal address.
4.7. If it is not possible to contact the winner or if the Organizer does not receive a corresponding message within this period, the possibility of accepting the prize will be forfeited and the Organizer reserves the right to determine another participant and notify them accordingly.
4.8. Should the contact details provided by the winner (e.g., email address or postal address) be incorrect or untruthful, the Organizer is not obliged to determine the correct data. Disadvantages resulting from the provision of incorrect contact details (e.g., undeliverability, return, etc.) shall be borne by the winner.
5. Rights of use
5.1. Photos, texts and videos made in connection with the prize draw may be published by the Organizer without entitlement to remuneration. For this purpose, the participant grants the Organizer a simple, unlimited in time, space and content, and sublicensable right of use to the posted images, texts or videos for the purpose of presenting and documenting the prize draw. This includes in particular the right to reproduce, distribute and publicly display the images, texts or videos. The participant assures that the images, texts or videos are free of third-party rights and indemnifies the Organizer against claims by third parties in this respect.
5.2. The participant is responsible for all content that he/she provides on Instagram or on the photo in connection with the challenge. The organizer is not obliged to check the content provided by the participant for potential violations of law or third-party rights. The content may not constitute an insult to third parties or the organizer and may not in any way defame, harass or harm third parties, violate any (other) third-party rights (in particular personal rights, copyrights and ancillary copyrights), advertise for third parties (in the form of links, texts and/or images), contain no viruses and no immoral, obscene, pornographic, threatening, violent, discriminatory or racist objects.
6. What are the prizes?
6.1. A total of three (3) winners, each accompanied by one (1) person, can visit the Organizer's warehouse and the Cooperation Partner's factory outlet ("Warehouse") in November 2024 (exact date to be announced) ("Prize").
6.2. The announcement of the date is solely at the discretion of the Organizer and Cooperation Partner. Winners are not entitled to a specific date or alternative date for redeeming the prize.
6.3. At the Organizer's or Cooperation Partner's warehouse, the winners may, for a maximum of one (1) hour each, fill a maximum of two (2) conventional shopping baskets (approx. 20 l volume each) or one half of a conventional shopping trolley (approx. 120 l volume) with products of their choice. Advent calendars from the Organizer and Cooperation Partner are explicitly excluded from the products. All products that are in the shopping trolley after this hour has expired may be kept by the winner. Accompanying persons are not allowed to help fill the shopping trolleys or take any products.
6.4. The Organizer and the Cooperation Partner will cover the directly necessary travel expenses of the winner and the accompanying person (train/bus travel 2nd class, public transport, mileage allowance of EUR 0.30/km) for the arrival and departure of the winners and accompanying persons to and from the Organizer's warehouse. To receive any travel expense reimbursements, the winner must submit an invoice that complies with tax law requirements, together with supporting documents, to the Organizer by the 20th of the following month. If the invoiced amounts are correct and reasonable after verification, they will be reimbursed.
6.5. Late arrival or non-appearance shall be at the expense of the winner. The Organizer and the Cooperation Partner are not obliged to take into account a delay or to offer an alternative date.
6.6. Transport between the Organizer's warehouse and the Cooperation Partner's warehouse will be organized by the Organizer.
6.7. Cash payment, exchange or transfer of prizes (both vouchers and material prizes) is excluded for all prize draws.
6.8. The Organizer is only liable for damages incurred by the winner due to material and/or legal defects in cases of malice, intent or gross negligence. Otherwise, liability for material and/or legal defects is excluded.
6.9. Each winner is responsible for any taxation of the prize.
7. Who can be excluded from the prize draw?
7.1. A violation of these terms of participation entitles the Organizer to exclude individual or multiple participants from participation in the prize draw. This applies in particular if false information is provided or third-party rights are violated (personal/copyrights).
7.2. In addition, the Organizer may exclude individual or multiple participants from participating in the prize draw if the participation process and/or the prize draw page are manipulated or an attempt is made to manipulate them, and/or if these terms of participation are violated, and/or if an unfair and/or dishonest attempt is otherwise made to influence the prize draw or its execution, in particular by disrupting the software used. In these cases, prizes may also be revoked and reclaimed retroactively.
7.3. Persons who do not meet the requirements according to sections 3 and 4 are excluded from participation.
7.4. Employees of the Organizer or an affiliated company as well as other persons involved in the development and execution of these prize draws are excluded from participation.
8. Premature termination, adjustment or modification of the prize draw
8.1. The Organizer is entitled to terminate, adjust or modify the prize draw at any time without prior notice and without stating reasons, if a proper execution of the prize draw cannot be guaranteed for technical or legal reasons without corresponding measures.
9. How will my data be processed?
9.1. Information on data processing can be found in the data protection declaration at /pages/datenschutzerklarung.
9.2. The Organizer processes the data only for the execution and settlement of the prize draw in accordance with Art. 6 para. 1 lit. b GDPR. The data provided in the context of the prize draw will be deleted - subject to statutory retention obligations - when the purpose of processing this data has ceased or they are no longer required for the purpose.
10. Severability Clause
10.1. Should individual provisions of the terms of participation be or become invalid, the validity of the remaining terms of participation shall remain unaffected.
10.2. The decision of the Organizer is final.
10.3. German law applies and the UN Convention on Contracts for the International Sale of Goods is excluded.