Subject of the terms and conditions of use and participation

• Fitmart GmbH & Co. KG, Werner-von-Siemens-Straße 8, 25337 Elmshorn, Germany (hereinafter "Organiser") regularly organises competitions (hereinafter "Competitions") to promote its products via its Instagram accounts esn.com, esn.nl and esn.uk (hereinafter individually "Instagram account" and collectively "Social Media Presence").
• The competitions organised by the Organiser on the social media presence are not connected to Meta Platforms Inc. and its affiliated companies and are not the responsibility of, sponsored, supported or organised by Meta Platforms Inc. and its affiliated companies. All questions, comments, notices and complaints about competitions should be addressed to the organiser and not to Meta Platforms Inc.
• These conditions of participation regulate the conditions for participation in the competitions and any necessary transfer of rights.

During what period can I take part in the competition?

• The participation period of the respective competition is based on the participation period published on the respective Instagram account.
• As a rule, a competition lasts a maximum of 2 days and the winners are notified immediately after the respective competition has been drawn.
• The organiser reserves the right to extend the participation period by posting a corresponding message on the Instagram account. If the participation period is extended, it is possible that the further prize processing will change.

Who can take part in competitions?

• Any natural person who is at least 18 years old, is resident in Germany, Austria or Switzerland and has an Instagram account can take part in competitions published on the Instagram account esn.com.
• Any natural person who is at least 18 years old, resides in the BENELUX region and has an Instagram account can take part in competitions published on the esn.nl Instagram account.
• Any natural person who is at least 18 years old, resident in the United Kingdom and has an Instagram account can take part in competitions published on the esn.uk Instagram account.
• Each participant is only authorised to take part in the same competition once. Participation by the same person via different social media accounts is prohibited and entitles the organiser to exclude the participant from the competition.
• By participating in the competition, these conditions of participation are accepted.

How does participation in the competition work?

• Participation in the competition is free of charge and is governed exclusively by these conditions of participation.
• To take part in the competition, you must follow the respective Instagram account of the organiser.
• If further requirements are necessary for participation in the competition (e.g. liking, sharing, commenting, reposting the post), this will be communicated by the organiser when the competition is published.
• All participants in the competition who fulfil the requirements specified in sections 3 and 4 by the respective time of the draw will be considered.
• At the end of the entry period, the organiser will select the winner from all eligible participants. The winners will be determined by drawing lots.
• The winner will be notified either as an Instagram direct message from the organiser's Instagram account or by email.
• Each notified winner is obliged to inform us within 7 days of being contacted, stating their first name, surname, e-mail address and postal address, whether they accept the prize.
• If it is not possible to contact the winner or the organiser does not receive a corresponding message within this period, the possibility of accepting the prize expires and the organiser reserves the right to determine another participant and notify them accordingly.
• If the contact details provided by the winner (e.g. e-mail address or postal address) are incorrect or untrue, the organiser is not obliged to determine the correct details. Any disadvantages resulting from the provision of incorrect contact details (e.g. undeliverability, returns, etc.) shall be borne by the winner.

What are the prizes?

• The prizes result from the competitions published on the respective Instagram account. As a rule, either vouchers or non-cash prizes are raffled off.
• Vouchers (or the voucher code) will be sent by email; non-cash prizes will only be sent by the Organiser to the winner's place of residence in accordance with sections 3.1 to 3.3.
• The cash payment, exchange or transfer of prizes (both vouchers and non-cash prizes) is excluded for all competitions.
• The winners themselves are responsible for paying any taxes on their winnings.

Who can be excluded from the competition?

• Any violation of these conditions of participation entitles the organiser to exclude one or more participants from taking part in the competition. This applies in particular if false information is provided or the rights of third parties are violated (personal rights/copyrights).
• In addition, the organiser may exclude individual or several participants from taking part in the competition if the entry process and/or the competition page is manipulated or manipulation is attempted and/or these conditions of participation are breached and/or other unfair and/or dishonest attempts are made to influence the competition or the running of the competition, in particular by interfering with the software used. In such cases, prizes may also be subsequently cancelled and reclaimed.
• Persons who do not fulfil the requirements set out in sections 3 and 4 are excluded from participation.
• Employees of the organiser or an affiliated company and other persons involved in the development and implementation of these competitions are excluded from participation.

Premature termination, adjustment or modification of the competition

• The organiser is entitled to terminate, adapt or modify the competition prematurely at any time without prior notice and without giving reasons if the proper execution of the competition cannot be guaranteed without appropriate measures for technical or legal reasons.

How is my data processed?

• You can find information on data processing in the privacy policy at https://www.esn.com/policies/privacy-policy
• The organiser processes the data only for the execution and processing of the competition in accordance with Art. 6 para. 1 lit. b GDPR. The data provided as part of the competition will be deleted - subject to statutory retention obligations - if the purpose of processing this data no longer applies or if it is not required for the purpose.

Severability clause

• Should individual provisions of the conditions of participation be or become invalid, this shall not affect the validity of the remaining conditions of participation.
• Legal recourse is excluded.
• German law applies and the UN Convention on Contracts for the International Sale of Goods is excluded.