Sweepstakes Terms and Conditions
The competition terms and conditions govern participation in competitions organized by Sportstech Brands Holding, unless separate terms and conditions are explicitly referred to. By participating in the respective competition, participants accept the following terms and conditions.
1. Organizer
The organizer is Sportstech Brands Holding GmbH (hereinafter "Organizer").
2. Eligibility
Natural persons residing in the DACH region (Germany, Austria, Switzerland) who are at least 18 years old are eligible to participate. Employees of the Organizer and its affiliated companies, as well as employees of cooperation partners who are or have been involved in the creation or administration of the competition, are excluded. Multiple entries and participation through automated mass procedures or competition syndicates are not permitted.
3. Exclusion from Participation
The Organizer is entitled to exclude individual persons from participation for valid reasons. Valid reasons include, in particular, violations of the terms and conditions, double or multiple participation, and manipulation of the competition. The Organizer reserves the right to take legal action.
4. Competition Details
a) What can be won?
Details of the prize are described in full on the respective competition page.
The item presented as the prize in the context of the competition may, if applicable, differ from the actual prize won (e.g. with regard to model, color, etc.).
b) How can you win?
To participate, you must meet the conditions specified in the competition and be eligible to participate. Postal entries will not be considered in the draw.
c) How will the winners be determined?
The winners will be determined by the Organizer in an independent draw.
d) How will you receive your prize?
The prize will either be sent to the postal address provided by the participant, or the winners will be informed of the prize, the prize fulfillment process, and any necessary next steps (e.g. the submission of their full postal address or the return of any documents) via the email address provided in the competition after the competition has ended (for competitions on third-party sites such as Instagram: via a post on the respective page).
If a participant cannot be reached or does not follow the next steps within the time period communicated to them, the Organizer may select a new winner. The original winner's claim will lapse.
The prize will be shipped by the Organizer.
5. Promotion Period and Availability
The competition starts after the post is published and ends on the date specified in the competition.
The availability and functionality of the competition cannot be guaranteed. It may be terminated or removed due to external circumstances or constraints, without giving rise to any claims by participants against the Organizer. These include, but are not limited to, technical problems, regulatory requirements (e.g. related to the Covid-19 pandemic), changes to the rules, or decisions by social platforms such as Instagram, if the competition is held on or in connection with them.
6. Liability
Notwithstanding other statutory requirements for claims, the following exclusions and limitations of liability apply to the Organizer's liability for damages pursuant to this section:
The Organizer shall have unlimited liability insofar as the damage is caused by intent or gross negligence.
Furthermore, the Organizer shall be liable for negligent breaches of essential obligations whose breach jeopardizes the achievement of the contract's purpose, or for breaches of obligations whose fulfillment is necessary to enable the proper conduct of the competition in the first place and on whose compliance the contracting parties regularly rely. In such cases, however, the Organizer shall only be liable for foreseeable, contract-typical damage. The Organizer shall not be liable for negligent breaches of any obligations other than those mentioned above.
The above limitations of liability do not apply to injury to life, body, or health, to a defect after acceptance of express warranties regarding the condition of a product, or to defects that were fraudulently concealed. Liability under the Product Liability Act remains unaffected.
To the extent that the Organizer's liability is excluded or limited, this also applies to the personal liability of the Organizer's employees, representatives, and vicarious agents.
7. Data Protection
The Organizer stores and uses the collected data to conduct the competition. Subject to your express consent pursuant to Art. 6(1)(a) GDPR, the data will be used for direct marketing purposes. You may revoke your consent at any time with effect for the future.
The Organizer's Privacy Policy must be observed.
8. Notices and Conditions of Third-Party Platforms (Meta)
This competition is organized by Sportstech Brands Holding GmbH (Organizer). It is not affiliated with Meta Platforms Ireland Limited and/or its affiliated companies (Meta) and is in no way sponsored, supported, or organized by Instagram. Information is submitted to the Organizer and not to Meta.
In addition to these terms and conditions, the relationship between the Organizer, the participant, and the third-party platform is governed by the platform operator's terms and conditions and privacy rules.
Meta
- Meta Terms of Use: https://www.facebook.com/terms.php
- Meta Privacy Terms: https://www.facebook.com/privacy/policy/
- Instagram Terms of Use: https://help.instagram.com/581066165581870
- Instagram Privacy Terms: https://privacycenter.instagram.com/policy/
Participants may not assert any claims against social platforms (Instagram) on which the competition may take place in connection with the use of the competition application or participation in the competition.
9. Severability Clause
If any provisions in these terms and conditions are invalid, this invalidity shall not affect the validity of the remaining terms and conditions.
10. Jurisdiction
The laws of the Federal Republic of Germany apply. For consumers, this choice of law applies only insofar as the protection afforded by the mandatory provisions of the law of the state in which the consumer has their habitual residence is not deprived. Legal recourse is excluded.
As of 23 January 2025
