Terms and conditions for competitions run by Quality First GmbH for Germany, Austria and Switzerland

1. Subject matter of the terms and conditions of use and participation

1.1. Quality First GmbH, Werner-von-Siemens-Straße 8, 25337 Elmshorn, Germany (‘Organiser’) regularly organises competitions (“Competitions”) via its TikTok account @esncom (‘TikTok account’ or ‘social media presence’) to promote its products.

1.2. The competitions organised by the Organiser on its social media presence are not affiliated with ByteDance Ltd. and its affiliated companies and are not sponsored, supported or organised by ByteDance Ltd. and its affiliated companies. All questions, comments, notes and complaints regarding competitions should be directed to the Organiser, not to ByteDance Ltd.

1.3. These terms and conditions govern the conditions for participation in the competitions and any necessary transfers of rights.

2. When can I participate in the competition?

2.1. The participation period for each competition is based on the participation period published on the TikTok account.

2.2. As a rule, a competition lasts approximately 24 hours and the winners are notified within three (3) days of the draw for the respective competition.

2.3. The organiser reserves the right to extend the participation period by posting a corresponding notice on the TikTok account. If the participation period is extended, it is possible that the further processing of the prize may change.

3. Who can participate in competitions?

3.1. Any natural person who is at least 18 years old, resides in the Federal Republic of Germany, Austria or Switzerland and has their own TikTok account (‘participant’) may participate in competitions published on the TikTok account.

3.2. Each participant is only entitled to participate in the same competition once. Participation by the same person via different social media accounts is prohibited and entitles the organiser to exclude them from the competition. Furthermore, only persons who have not yet received a prize may participate.

3.3. By participating in the competition, the participant accepts these terms and conditions.

4. How does participation in the competition work?

4.1. Participation in the competition is free of charge and is governed exclusively by these terms and conditions.

4.2. To participate in the competition, participants must follow the organiser's TikTok account.

4.3. If further requirements for participation in the competition are necessary (e.g. liking, sharing, commenting on or reposting the post), this will be communicated by the organiser when the respective competition is published.

4.4. All participants in the competition who meet the requirements specified in sections 3 and 4 at the time of the draw will be considered.

4.5. After the participation deadline has expired, the organiser will determine the winner (‘winner’) from among all eligible participants. The winner will be determined by random draw.

4.6. The winner will be notified either by direct message on TikTok from the organiser's TikTok account or by email.

4.7. Each notified winner is obliged to confirm whether they accept the prize within seven (7) working days of being contacted, stating their first name, surname, email address and postal address.

4.8. If it is not possible to contact the winner or if the organiser does not receive a corresponding message within this period, the opportunity to accept the prize shall lapse and the organiser reserves the right to determine another participant and notify them accordingly.

4.9. If the contact details provided by the winner (e.g. email 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.

5. What are the prizes?

5.1. The prizes are determined by the competitions published on the TikTok account. As a rule, either vouchers or non-cash prizes are raffled off (‘prizes’).

5.2. The vouchers (or voucher codes) will be delivered by email, and non-cash prizes will be sent by the organiser to the winner's place of residence in accordance with section 3.1.

5.3. Cash payment, exchange or transfer of prizes (both vouchers and non-cash prizes) is excluded for all competitions.

5.4. The organiser shall only be liable for damages incurred by the winner due to material defects and/or defects of title in cases of malice, intent or gross negligence. Otherwise, liability for material defects and/or defects of title is excluded.

5.5. Each winner is responsible for any taxation of the prize.

6. Who can be excluded from the competition?

6.1. Any violation of these conditions of participation entitles the organiser to exclude individual or multiple participants from participating in the competition. This applies in particular if false information is provided or the rights of third parties are violated (personal rights/copyrights).

6.2. In addition, the organiser may exclude individual or multiple participants from participating in the competition if the participation process and/or the platform is manipulated or an attempt is made to manipulate it and/or these conditions of participation are violated and/or any other unfair and/or dishonest attempt is made to influence the competition or the handling of the competition, in particular by disrupting the software used. In such cases, prizes may also be revoked and reclaimed retrospectively.

6.3. Persons who do not meet the requirements set out in sections 3 and 4 are excluded from participation.

6.4. Employees of the organiser or an affiliated company, as well as other persons involved in the development and implementation of these competitions, are excluded from participation.

7. Premature termination, adjustment or modification of the competition

7.1. The organiser is entitled to terminate, adjust 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.

8. How will my data be processed?

8.1. Information on data processing can be found here: https://www.esn.com/policies/privacy-policy

8.2. The organiser will only process the data for the purpose of conducting and processing the competition in accordance with Art. 6(1)(b) GDPR. The data provided in the context 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.

9. Severability clause

9.1. Should individual provisions of the conditions of participation be or become invalid, the validity of the remaining conditions of participation shall remain unaffected.

9.2. Legal recourse is excluded.

9.3. More favourable standards of the law applicable at the participant's usual place of residence shall take precedence. Otherwise, German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.