Conditions of participation

I. Organizer of the competition and subject of the conditions of participation

1. These conditions of participation and data protection information govern participation in stationary competitions as well as on Instagram and Facebook.
2. The organizer of the competition is CARASANA Bäderbetriebe GmbH (hereinafter referred to as "CARASANA"), Römerplatz 1, 76530 Baden-Baden.
3. The description and procedure of the respective prize draw will be provided as part of the respective prize draw campaign by means of a notice, explanation or prize draw card on site or on CARASANA's Instagram or Facebook page.
4. The competition is in no way connected to Instagram and Facebook and is neither sponsored, organized nor supported by Instagram or Facebook.
5. By participating in the competition, these conditions of participation are accepted.

II Participation

1. All natural persons who are at least 21 years old and who are not employees, relatives of an employee of CARASANA or employees of CARASANA's cooperation partners who are or were involved in the creation or execution of the competition are eligible to participate. Competition clubs are not eligible to participate. If a participant has limited legal capacity, the consent of their legal representative is required.
2. In order to participate in a competition conducted via Instagram or Facebook, the participant must be a registered Instagram or Facebook user.
3. Participation is described individually in accordance with point 1.3.
4. The campaign period will be announced individually in accordance with point 1.3.
5. Comments and stories that violate the Instagram and Facebook guidelines or applicable law will be removed without prior notice. The participant is thus excluded from the prize. In particular, comments and stories must not contain any insults, false facts, discriminatory or infringing content.

III Prize and notification of winnings

1. The profit is described individually in accordance with point 1.3.
2. The winners will be selected at random from all eligible participants. The winners will be notified individually in accordance with point 1.3. The prizes must then be collected from the location specified in point 1.3 during the period specified in point 1.3.
3. If the winner does not respond within 7 weekdays of receipt of the prize notification, the claim to the prize expires. In this case, CARASANA is entitled to send the prize to a substitute winner.
4. There is no entitlement to payment of the prize in cash. The prize cannot be exchanged either.
5. CARASANA is entitled to provide the winner with an appropriate substitute prize if the prize specified in the conditions of participation is not available due to circumstances for which CARASANA is not responsible.

IV. Rights of use

1. If a participant uploads or links photos to Instagram or Facebook in the competition, they guarantee that they are the owner of the necessary rights to the uploaded or linked photo. If the participant is not the sole author or rights holder of such a photo, he/she expressly declares that he/she holds the rights to the image required for participation in the competition.
2. The participant grants CARASANA a simple, non-exclusive right, unlimited in time and space, to make the photo available to the public in whole or in part via Instagram or Facebook.
3. CARASANA shall indicate the author insofar as this is reasonable taking into account the specific form of use.

V. Liability and indemnification

1. CARASANA shall not be liable for any damage caused by participation in the competition or by the dispatch or receipt of the prize. CARASANA shall only be liable if and insofar as damage is attributable to intent or gross negligence. CARASANA shall also be liable for culpable injury to life, limb or health of a natural person in the event of simple negligence. The same shall apply in the event of a breach of a cardinal obligation. These are obligations whose fulfillment is essential for the proper execution of the campaign and the achievement of the purpose of the contract and on whose compliance a campaign participant may regularly rely.
2. Liability under the Product Liability Act remains unaffected.
3. The winner collects the winnings. The risk is transferred to the winner when the prize is handed over to the winner. CARASANA is not responsible for any subsequent damages.
4. If the participant has uploaded or linked photos to Instagram or Facebook as part of the competition, the participant guarantees that they will not send any content that violates applicable law or the rights of third parties. In particular, comments must not contain any insults, false facts, discriminatory or infringing content. The participant shall indemnify CARASANA against all third-party claims resulting from the illegality of uploaded or linked photos. This also applies to legal defense costs.
5. By participating in the competition, the participant also releases Instagram or Facebook from any liability.

VI Exclusion from the competition

1. If the participant violates these conditions of participation, CARASANA is entitled to exclude the participant from participation in the competition. This applies in particular if the participant posts photos, comments or other content on Instagram or Facebook that violate applicable law, infringe the rights of third parties or could be considered to glorify violence, be offensive, harassing or derogatory. The entitlement to exclusion also exists if the participant makes false statements in the context of the competition.
2. If a participant posts an illegal photo, comment or other content after the prize has been determined, CARASANA is entitled to subsequently withdraw the prize.

VII Premature termination and amendments

CARASANA reserves the right to terminate the competition prematurely, in whole or in part, or to change the course of the competition at any time due to external circumstances or constraints, even without observing deadlines. Such external circumstances or constraints exist, for example, if it is not possible to run the competition for technical or legal reasons, if there is abuse, or if the proper running of the competition cannot be guaranteed for other reasons.

VIII. Data protection

1. CARASANA is responsible for compliance with data protection regulations. CARASANA will therefore only use the participant's personal details and other personal data in accordance with the statutory provisions. The collection, storage, processing and use of personal data shall only take place insofar as this is necessary for the execution of the competition or insofar as the participant has given his/her consent to this.
2. Personal data will only be transferred to third parties if this is necessary for the processing of the competition and is legally permissible (for example, if the prize is sent).
3. The data collected will only be processed and used for the purposes of the competition and will then be deleted.
4. In all other respects, the general data protection guidelines of CARASANA apply accordingly. These general data protection guidelines are available at https://www.carasana.de/de/men-footer/datenschutz.html

IX. Applicable law, final provisions

1. German law applies. Legal recourse to review the competition and the determination of the prize is excluded.
2. Should individual provisions of these conditions of participation be or become invalid in whole or in part, this shall not affect the validity of the remaining conditions of participation.

X. Contact

All questions, comments or complaints can be addressed to CARASANA. Complaints relating to the conduct of the competition must be sent to CARASANA in writing within 14 days of the reason for the complaint becoming known, stating the competition. Complaints made by telephone or late complaints will not be processed.

CARASANA Bäderbetriebe GmbH
Römerplatz 1
76530 Baden-Baden
Phone: +49 (0) 7221 / 27 59-40
E-mail: [email protected]
Commercial register: HRB Mannheim 201560

Managing directors: Jürgen Kannewischer, Sven Malinowski
Authorized representative: Konrad Lansche - Operations Manager, Member of the Management Board